2. The Parliamentary Cooperation Committee shall establish its rules of procedure.
3. The Parliamentary Cooperation Committee shall be presided in turn by the European Parliament and the Kyrgyz Parliament respectively, in accordance with the provisions to be laid down in its rules of procedure.
Article 82.
The Parliamentary Cooperation Committee may request relevant information regarding the implementation of this Agreement from the Cooperation Council, which shall then supply the Committee with the requested information.
The Parliamentary Cooperation Committee shall be informed of the recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Article 83.
1. Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.
2. Within the limits of their respective powers and competences, the Parties:
Shall encourage the adoption of arbitration for the settlement of disputes arising out of commercial and cooperation transactions concluded by economic operators of the Community and those of the Kyrgyz Republic,
Agree that where a dispute is submitted to arbitration, each party to the dispute may, except where the rules of the arbitration centre chosen by the parties provide otherwise, choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a citizen of a third State,
Will recommend their economic operators to choose by mutual consent the law applicable to their contracts,
Shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on International Trade Law (Uncitral) and to arbitration by any centre of a State signatory to the Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958.
Article 84.
Nothing in the Agreement shall prevent a Party from taking any measures:
(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests:
(b) which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes:
(c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security:
(d) which it considers necessary to respect its international obligations and commitments in the control of dual-use industrial goods and technology.
Article 85.
1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:
The arrangements applied by the Kyrgyz Republic in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,
The arrangements applied by the Community in respect of the Kyrgyz Republic shall not give rise to any discrimination between Kyrgyz nationals, or its companies or firms.
2. The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to tax payers who are not in identical situations as regards their place of residence.
Article 86.
1. Each of the two Parties may refer to the Cooperation Council any dispute relating to the application or interpretation of this Agreement.
2. The Cooperation Council may settle the dispute by means of a recommendation.
3. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of a conciliator: the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.
The Cooperation Council shall appoint a third conciliator.
The conciliators' recommendations shall be taken by majority vote. Such recommendations shall not be binding upon the Parties.
Article 87.
The Parties agree to consult promptly through appropriate channels at the request of either Party to discuss any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties.
The provisions of this Article shall in no way affect and are without prejudice to Articles 13, 86 and 92.
Article 88.
Treatment granted to the Kyrgyz Republic thereunder shall in no case be more favourable than that granted by the Member States to each other.
Article 89.
For the purposes of this Agreement, the term Parties shall mean the Kyrgyz Republic on the one part, and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other part.
Article 90.
In so far as matters covered by this Agreement are covered by the Energy Charter Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but only to the extent that such application is provided for therein.
Article 91.
This Agreement is concluded for an initial period of 10 years. The Agreement shall be automatically renewed year by year provided that neither Party gives the other Party written notice of denunciation of the Agreement six months before it expires.
Article 92.
1. The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Cooperation Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
In the selection of these measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Cooperation Council if the other Party so requests.
Article 93.
Annexes I and II together with the Protocol shall form an integral part of this Agreement.
Article 94.
This agreement shall not, until equivalent rights for individuals and economic operators have been achieved thereunder, affect rights assured to them through existing agreements binding one or more member states, on the one hand, and the kyrgyz republic, on the other, except in areas falling within community competence and without prejudice to the obligations of Member States resulting from this Agreement in areas falling within their competence.
Article 95.
This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of the Kyrgyz Republic.
Article 96.
The Secretary-General of the Council of the European Union shall be the depository of this Agreement.
Article 97.
The original of this Agreement, of which the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Kyrgyz and Russian languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
Article 98.
This Agreement will be approved by the Parties in accordance with their own procedures.
This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between the Kyrgyz Republic and the Community are concerned, this Agreement shall replace the Agreement between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and economic and commercial cooperation signed in Brussels on 18 December 1989.
Article 99.
In the event that, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement are put into effect in 1994 by means of an Interim Agreement between the Community and the Kyrgyz Republic, the Contracting Parties agree that, in such circumstances, the term date of entry into force of the Agreement shall mean the date of entry into force of the Interim Agreement.
Conclusion
Done at Brussels, on the ninth day of February in the year one thousand nine hundred and ninety-five. Fait a Bruxelles, le neuf fevrier mil neuf cent quatre-vingt-quinze.
For the Kingdom of Belgium
For the Federal Republic of Germany
Fur die Bundesrepublik Deutschland
For the Kingdom of Spain
For the Hellenic Republic
For the French Republic
For Ireland
For the Italian Republic
For the Grand Duchy of Luxembourg
For the Kingdom of the Netherlands
For the Austrian Republic
For the Portuguese Republic
For the Republic of Finland
For the Kingdom of Sweden
For the United Kingdom of Great Britain and Northern Ireland
For the European Communities
Attachments
Indicative list of advantages granted by the Kyrgyz Republic to the Independent States in accordance with Article 8(3)
1. All Independent States:
No import duties are implemented except for alcohol and tobacco products.
No export duties are implemented as regards goods delivered under clearing and interstate agreements within the volumes stipulated in these agreements.
No VAT is applied on export and import. No excise is applied on export.
No export quotas are implemented.
2. All Independent States which did not introduce their national currency:
Payments could be made in roubles.
All Independent States:
Special system of non-commercial operations, including payments resulting from these operations.
3. All Independent States:
Special system of current payments.
4. All Independent States:
Special conditions of transit.
5. All Independent States:
Special conditions of customs procedures.
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),
Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989),
Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva 1977, and amended in 1979),
Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedures (1977, modified in 1980),
International Convention for the Protection of New Varieties of Plants (UPOV) (Geneva Act, 1991).
2. The Cooperation Council may recommend that paragraph 2 of Article 43 shall apply to other multilateral conventions. If problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consultations will be undertaken, at the request of either party, with a view to reaching mutually satisfactory solutions.
3. The Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:
Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979),
Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979),
Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified in 1984).
4. From the entry into force of this Agreement, the Kyrgyz Republic shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.
5. The provisions of paragraph 4 shall not apply to advantages granted by the Kyrgyz Republic to any third country on an effective reciprocal basis and to advantages granted by the Kyrgyz Republic to another country of the former USSR.