The plenipotentiaries of the Community have further taken note of the Unilateral Declaration listed below and annexed to this Final Act:

Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights.

Done at Brussels on the tenth day of November in the year one thousand nine hundred and ninety-nine.

For the European Communities

For Turkmenistan

Joint declaration on personal data

In applying the agreement, the Parties are aware of the necessity of an adequate protection of individuals with regard to the processing of personal data and on the free movement of such data.

Joint declaration concerning Article 7 of the Agreement

The Community and Turkmenistan declare that the text of the safeguard clause does not grant GATT safeguard treatment.

Joint declaration concerning Article 8 of the Agreement

Until Turkmenistan accedes to the WTO, the Parties shall hold consultations in the Joint Committee on Turkmenistan’s import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection.

Joint declaration concerning Article 15 of the Agreement

Within the limits of their respective competences, the Parties agree that for the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.

Joint declaration concerning article 28 of the agreement

1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term ‘cases of special urgency’ included in Article 28 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in 

(a) repudiation of the Agreement not sanctioned by the general rules of international law; or

(b) violation of the essential elements of the Agreement set out in Article 1.

2. The Parties agree that the ‘appropriate measures’ referred to in Article 28 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency as provided for under Article 28, the other party may avail itself of the procedure relating to settlement of disputes.

Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights

Turkmenistan declares that:

1. By the end of the fifth year after entry into force of the Agreement, Turkmenistan shall accede to the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 2 of this Declaration to which Member States of the Community are parties or which are de facto applied by Member States according to the relevant provisions contained in these conventions.

2. Paragraph 1 of this Declaration concerns the following multilateral conventions:

— Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971),

— International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961),

— Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979),

— 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, amended 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).

3. Turkmenistan confirms the importance it attaches to the obligations arising from the following multilateral conventions:

— Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979),

— Patent Cooperation Treaty (Washington 1970, amended and modified in 1979 and 1984).

4. From the entry into force of this Agreement, Turkmenistan 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 Turkmenistan to any third country on an effective reciprocal basis or to advantages granted by Turkmenistan to another country of the former USSR.

Exchange of Letters

Exchange of letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions

A. Letter from the European Community

Sir,

The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, was signed on 10 November 1999.

Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.

Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.

You will find these additional language versions attached to the present letter.

I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.

This Instrument will enter into force on the date of its signature.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

B. Letter from Turkmenistan

Sir,

I have the honour to acknowledge receipt of your letter of today’s date and the Annexed language versions of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, which reads as follows:

‘The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, was signed on 10 November 1999.

Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.

Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.

You will find these additional language versions attached to the present letter.

I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.

This Instrument will enter into force on the date of its signature.’

I have the honour to express Turkmenistan’s acceptance of the language versions attached to that letter as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.

As set out in your letter, this instrument will enter into force on the date of its signature.

Please accept, Sir, the assurance of my highest consideration.

For Turkmenistan