EN Official Journal of the European Union L 29/3

ENHANCED PARTNERSHIP AND COOPERATION AGREEMENT

between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part

TABLE OF CONTENTS

TITLE

PREAMBLE

TITLE I GENERAL PRINCIPLES AND AIMS OF THIS AGREEMENT

TITLE II POLITICAL DIALOGUE; COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY

TITLE III TRADE AND BUSINESS

CHAPTER 1 TRADE IN GOODS

CHAPTER 2 CUSTOMS

CHAPTER 3 TECHNICAL BARRIERS TO TRADE

CHAPTER 4 SANITARY AND PHYTOSANITARY MATTERS

CHAPTER 5 TRADE IN SERVICES AND ESTABLISHMENT

SECTION 1 GENERAL PROVISIONS

SECTION 2 ESTABLISHMENT AND CROSS-BORDER SUPPLY OF SERVICES

SUBSECTION 1 ALL ECONOMIC ACTIVITIES

SUBSECTION 2 ECONOMIC ACTIVITIES OTHER THAN SERVICES

SECTION 3 TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES

SECTION 4 DOMESTIC REGULATION

SECTION 5 SECTOR SPECIFIC PROVISIONS

SECTION 6 EXCEPTIONS

SECTION 7 INVESTMENT

CHAPTER 6 CAPITAL MOVEMENTS AND PAYMENTS

CHAPTER 7 INTELLECTUAL PROPERTY

SECTION 1 PRINCIPLES

SECTION 2 STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

SECTION 3 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

SECTION 4 LIABILITY OF INTERMEDIARY SERVICE PROVIDERS

CHAPTER 8 GOVERNMENT PROCUREMENT

CHAPTER 9 RAW MATERIALS AND ENERGY

CHAPTER 10 TRADE AND SUSTAINABLE DEVELOPMENT

CHAPTER 11 COMPETITION

CHAPTER 12 STATE-OWNED ENTERPRISES, STATE-CONTROLLED ENTERPRISES AND ENTERPRISES GRANTED SPECIAL OR EXCLUSIVE RIGHTS OR PRIVILEGES

CHAPTER 13 TRANSPARENCY

CHAPTER 14 DISPUTE SETTLEMENT

SECTION 1 OBJECTIVE AND SCOPE

SECTION 2 CONSULTATIONS AND MEDIATION

SECTION 3 DISPUTE SETTLEMENT PROCEDURES

SUBSECTION 1 ARBITRATION PROCEDURE

SUBSECTION 2 COMPLIANCE

SUBSECTION 3 COMMON PROVISIONS

SECTION 4 GENERAL PROVISIONS

TITLE IV COOPERATION IN THE AREA OF ECONOMIC AND SUSTAINABLE DEVELOPMENT

CHAPTER 1 ECONOMIC DIALOGUE

CHAPTER 2 COOPERATION IN PUBLIC FINANCE MANAGEMENT, INCLUDING PUBLIC AUDIT AND INTERNAL CONTROL

CHAPTER 3 COOPERATION IN THE AREA OF TAXATION

CHAPTER 4 COOPERATION IN THE AREA OF STATISTICS

CHAPTER 5 COOPERATION IN THE AREA OF ENERGY

CHAPTER 6 COOPERATION IN THE AREA OF TRANSPORT

CHAPTER 7 COOPERATION IN THE AREA OF ENVIRONMENT

CHAPTER 8 COOPERATION IN THE AREA OF CLIMATE CHANGE

CHAPTER 9 COOPERATION IN THE AREA OF INDUSTRY

CHAPTER 10 COOPERATION IN THE AREA OF SMALL AND MEDIUM SIZED ENTERPRISES

CHAPTER 11 COOPERATION IN THE AREA OF COMPANY LAW

CHAPTER 12 COOPERATION IN THE AREA OF BANKING, INSURANCE AND OTHER FINANCIAL SERVICES

CHAPTER 13 COOPERATION IN THE AREA OF INFORMATION SOCIETY

CHAPTER 14 COOPERATION IN THE AREA OF TOURISM

CHAPTER 15 COOPERATION IN THE AREA OF AGRICULTURE AND RURAL DEVELOPMENT

CHAPTER 16 COOPERATION ON EMPLOYMENT, LABOUR RELATIONS, SOCIAL POLICY AND EQUAL OPPORTUNITIES

CHAPTER 17 COOPERATION IN THE AREA OF HEALTH

TITLE V COOPERATION IN THE AREA OF FREEDOM, SECURITY AND JUSTICE

TITLE VI OTHER COOPERATION POLICIES

CHAPTER 1 COOPERATION ON EDUCATION AND TRAINING

CHAPTER 2 COOPERATION IN THE FIELD OF CULTURE

CHAPTER 3 COOPERATION IN RESEARCH AND INNOVATION

CHAPTER 4 COOPERATION IN THE MEDIA AND AUDIOVISUAL FIELDS

CHAPTER 5 CIVIL SOCIETY COOPERATION

CHAPTER 6 COOPERATION IN THE FIELD OF SPORT AND PHYSICAL ACTIVITY

CHAPTER 7 COOPERATION IN THE AREA OF CIVIL PROTECTION

CHAPTER 8 COOPERATION IN SPACE ACTIVITIES

CHAPTER 9 COOPERATION IN THE AREA OF CONSUMER PROTECTION

CHAPTER 10 REGIONAL COOPERATION

CHAPTER 11 COOPERATION IN THE FIELD OF CIVIL SERVICE

TITLE VII FINANCIAL AND TECHNICAL COOPERATION

TITLE VIII INSTITUTIONAL FRAMEWORK

TITLE IX GENERAL AND FINAL PROVISIONS

ANNEX I RESERVATIONS IN ACCORDANCE WITH ARTICLE 46

ANNEX II LIMITATIONS APPLIED BY THE REPUBLIC OF KAZAKHSTAN IN ACCORDANCE WITH ARTICLE 48(2)

ANNEX III SCOPE OF CHAPTER 8 (GOVERNMENT PROCUREMENT) OF TITLE III (TRADE AND BUSINESS)

ANNEX IV MEDIA FOR PUBLICATION OF PROCUREMENT INFORMATION AND NOTICES OF CHAPTER 8 (GOVERNMENT PROCUREMENT) OF TITLE III (TRADE AND BUSINESS)

ANNEX V RULES OF PROCEDURE FOR ARBITRATION UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS)

ANNEX VI CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS)

ANNEX VII MEDIATION MECHANISM UNDER CHAPTER 14 (DISPUTE SETTLEMENT) OF TITLE III (TRADE AND BUSINESS)

PROTOCOL ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as ‘the Member States’, and

THE EUROPEAN UNION,

of the one part, and

THE REPUBLIC OF KAZAKHSTAN,

of the other part,

hereinafter jointly referred to as ‘the Parties’,

CONSIDERING the strong links between the Parties and their common values, and their wish to further strengthen and extend links established in the past through the implementation of the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan, signed in Brussels on 23 January 1995, and the European Union — Central Asia Strategy for a New Partnership adopted by the European Council in June 2007 as well as the Republic of Kazakhstan's state programme ‘Path to Europe’ adopted in 2008;

CONSIDERING the commitment of the Parties to the full implementation of the principles and provisions of the Charter of the United Nations (‘the UN Charter’), of the Universal Declaration of Human Rights, and of the Organisation for Security and Cooperation in Europe (OSCE), in particular of the Helsinki Final Act, as well as other generally recognised norms of international law;

CONSIDERING the strong commitment of the Parties to strengthen the promotion, protection and implementation of fundamental freedoms and human rights, and the respect for democratic principles, the rule of law, and good governance;

RECOGNISING the strong adherence of the Parties to the following principles in their cooperation in human rights and democracy: the promotion of shared goals, open and constructive political dialogue, transparency, and respect for international human rights standards;

CONSIDERING the commitment of the Parties to adhere to the principles of a free market economy;

RECOGNISING the growing importance of trade and investment relations between the European Union and the Republic of Kazakhstan;

CONSIDERING that the Agreement will further strengthen the close economic relationship between the Parties and create a new climate and better conditions for the further development of trade and investment between them, including in the field of energy;

CONSIDERING the objective of enhancing trade and investment, in all sectors, on an enhanced legal basis, in particular this Agreement and the Agreement Establishing the World Trade Organisation (‘the WTO Agreement’);

CONSIDERING the commitment of the Parties to promote international peace and security and the peaceful settlement of disputes, notably by cooperating in an effective manner to that end within the framework of the UN and the OSCE;

CONSIDERING the willingness of the Parties to further develop regular political dialogue on bilateral and international issues of mutual interest;

CONSIDERING the commitment of the Parties to international obligations to fight against the proliferation of weapons of mass destruction and their means of delivery and to cooperate in the areas of non-proliferation, and nuclear safety and security;

CONSIDERING the commitment of the Parties to combat the illicit trade and the accumulation of small arms and light weapons and bearing in mind the adoption of the Arms Trade Treaty (‘the ATT’) by the UN General Assembly;

CONSIDERING the importance of the active participation of the Republic of Kazakhstan in the implementation of the European Union — Central Asia Strategy for a New Partnership;

CONSIDERING the commitment of the Parties to combat organised crime and trafficking in human beings and to step up cooperation on counter-terrorism;

CONSIDERING the commitment of the Parties to step up their dialogue and cooperation on migration-related issues, with a comprehensive approach aiming at cooperation on legal migration and tackling irregular migration and trafficking in human beings, and recognising the importance of the readmission clause of this Agreement;

DESIROUS of ensuring balanced conditions in the bilateral trade relations between the European Union and the Republic of Kazakhstan;

CONSIDERING the commitment of the Parties to compliance with the rights and obligations arising from the membership of the World Trade Organization (‘the WTO’), and to the transparent and non-discriminatory implementation of those rights and obligations;

CONSIDERING the commitment of the Parties to respect the principle of sustainable development, including by promoting the implementation of multilateral international agreements and regional cooperation;

DESIROUS of enhancing mutually beneficial cooperation in all fields of mutual interest and strengthening its framework as appropriate;

RECOGNISING the need for enhanced energy cooperation, security of energy supply and facilitating the development of appropriate infrastructure, building on the Memorandum of Understanding on cooperation in the field of energy between the European Union and the Republic of Kazakhstan done in Brussels on 4 December 2006, and in the context of the Energy Charter Treaty;

RECOGNISING that all cooperation in the peaceful uses of nuclear energy is governed by the Cooperation Agreement between the European Atomic Energy Community and the Republic of Kazakhstan in the field of nuclear safety, signed in Brussels on 19 July 1999, and does not fall under this Agreement;

CONSIDERING the commitment of the Parties to improve the level of public health safety and protection of human health as a precondition for sustainable development and economic growth;

CONSIDERING the commitment of the Parties to enhanced people-to-people contacts, including through cooperation and exchanges in the fields of science and technology, innovation development, education and culture;

CONSIDERING that the Parties shall promote mutual understanding and convergence of their legislation and regulatory framework, in order to further strengthen mutually beneficial links and sustainable development;

NOTING that in case the Parties decided, within the framework of this Agreement, to enter into specific agreements in the area of freedom, security and justice which were to be concluded by the European Union pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future agreements would not bind the United Kingdom and/or Ireland unless the European Union, simultaneously with the United Kingdom and/or Ireland as regards their respective previous bilateral relations, notifies the Republic of Kazakhstan that the United Kingdom and/or Ireland has/have become bound by such agreements as part of the European Union in accordance with Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. Likewise, any subsequent EU-internal measures which were to be adopted pursuant to the above mentioned Title V to implement this Agreement would not bind the United Kingdom and/or Ireland unless they have notified their wish to take part or accept such measures in accordance with Protocol No 21. Also noting that such future agreements or such subsequent EU-internal measures would fall within Protocol (No 22) on the position of Denmark annexed to the said Treaties,

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL PRINCIPLES AND AIMS OF THIS AGREEMENT

Article 1

General principles

Respect for democratic principles and human rights as laid down in the Universal Declaration of Human Rights, the OSCE Helsinki Final Act and the Charter of Paris for a New Europe, and other relevant international human rights instruments, and for the principle of the rule of law, underpins the internal and international policies of both Parties and constitutes an essential element of this Agreement.

The Parties reiterate their commitment to the principles of a free market economy, promoting sustainable development and economic growth.

The implementation of this Agreement shall be based on the principles of dialogue, mutual trust and respect, equal partnership, and mutual benefit and full respect for the principles and values enshrined in the UN Charter.

Article 2

Aims of this Agreement

1. This Agreement establishes an enhanced partnership and cooperation between the Parties within the limits of their respective competences, based on common interest and on the deepening of the relationship in all areas of its application.

2. This cooperation is a process between the Parties that contributes to international and regional peace and stability and to economic development, and is structured around principles that the Parties reaffirm also by their international commitments notably under the UN and the OSCE.

Article 3

Cooperation in regional and international organisations

The Parties agree to cooperate and exchange views in the framework of regional and international fora and organisations.

TITLE II

POLITICAL DIALOGUE; COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY

Article 4

Political dialogue

The Parties shall further develop and strengthen effective political dialogue in all areas of mutual interest in order to promote international peace, stability and security, including in the Eurasian continent, on the basis of international law, effective cooperation within multilateral institutions and shared values.

The Parties shall cooperate with a view to strengthening the role of the UN and the OSCE, and to improve the efficiency of the relevant international and regional organisations.

The Parties shall deepen cooperation and dialogue on issues of international security and crisis management in order to respond to the current global and regional challenges and major threats.

The Parties undertake to strengthen cooperation on all subjects of common interest and in particular the observance of international law, strengthening respect for democratic principles, the rule of law, human rights and good governance. The Parties agree to work towards improving the conditions for further regional cooperation, notably with regard to Central Asia and beyond.

Article 5

Democracy and the rule of law

The Parties agree to cooperate in the promotion and effective protection of human rights and the rule of law, including through the relevant international human rights instruments.

Such cooperation shall be achieved through activities mutually agreed upon by the Parties, including by strengthening respect for the rule of law, further enhancing the existing human rights dialogue, further developing democratic institutions, promoting human rights awareness, and enhancing cooperation within the human rights bodies of the UN and the OSCE.

Article 6

Foreign and security policy

The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy and shall address, in particular, issues of conflict prevention and crisis management, regional stability, non-proliferation, disarmament and arms control, nuclear security and export control of arms and dual-use goods.

Cooperation shall be based on common values and mutual interests, aiming to increase effectiveness and rapprochement of policy and to make use of bilateral, regional and international fora.

The Parties reaffirm their commitment to the principles of respect for territorial integrity, inviolability of borders, sovereignty and independence, as established in the UN Charter and the OSCE Helsinki Final Act, and their commitment to promote those principles in their bilateral and multilateral relations.

Article 7

Space security

The Parties shall promote the enhancement of safety, security and sustainability of all space-related activities, and agree to work together at bilateral, regional and international levels with the aim of safeguarding peaceful uses of outer space. Both Parties note the importance of preventing an arms race in outer space.

Article 8

Serious crimes of international concern

The Parties reaffirm that the most serious crimes of concern to the international community as a whole should not go unpunished and that their prosecution should be ensured by taking measures at the domestic or international level, including through the International Criminal Court.

Giving due regard to preserving the integrity of the Rome Statute, the Parties agree to conduct a dialogue on, and shall seek to take steps towards universal adherence to, the Rome Statute in accordance with their respective laws, including provision of assistance for capacity building.

Article 9

Conflict prevention and crisis management

The Parties shall enhance cooperation on conflict prevention, the settlement of regional conflicts and crisis management in order to create an environment of peace and stability.

Article 10

Regional stability

The Parties shall intensify their joint efforts to promote stability and security in Central Asia as well as to improve the conditions for further regional cooperation, on the basis of the principles established by the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral documents, to which both Parties adhere.

Article 11

Countering the proliferation of weapons of mass destruction

The Parties consider that the proliferation of weapons of mass destruction (WMD) and their means of delivery, both to state and non-state actors, represents one of the most serious threats to international stability and security.

The Parties shall cooperate and contribute to countering the proliferation of WMD and their means of delivery through full compliance with and implementation of their respective international treaty obligations and other relevant international obligations in the field of disarmament and non-proliferation. The Parties agree that this provision constitutes an essential element of this Agreement.

Cooperation in this area is implemented, including by:

(a) further developing export control systems in respect of military and dual-use goods and technologies;

(b) establishing a regular political dialogue on the issues covered by this Article.

Article 12

Small arms and light weapons

The Parties shall cooperate and ensure coordination, complementarity and synergy in their efforts to fight against the illicit trade in small arms and light weapons, including their ammunition, at all relevant levels, and agree to continue a regular political dialogue, including in the multilateral framework.

This cooperation shall be implemented by the Parties in full compliance with the existing international agreements and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area to which the Parties adhere. Both Parties are convinced in this regard of the value of the ATT.

Article 13

Counter-terrorism

The Parties agree to work together at bilateral, regional and international levels to prevent and combat terrorism in full accordance with the rule of law, international law, international human rights standards, humanitarian law and relevant UN decisions, including the UN Global Counter-Terrorism Strategy.

Cooperation between the Parties shall aim to:

(a) implement, as appropriate, UN resolutions, the UN Global Counter-Terrorism Strategy, and their commitments under other international conventions and instruments on countering terrorism;

(b) exchange information on planned and committed acts of terrorism, forms and methods of carrying these out, and terrorist groups that plan, commit or have committed a crime in the territory of another Party, in accordance with international law and domestic legislation;

(c) exchange experience in the prevention of all forms of terrorism, including public provocation on the internet to commit a terrorist offence, as well as experience with the means and methods of combating terrorism, experience in technical areas, and training, offered or paid by institutions, bodies and agencies of the European Union;

(d) intensify common efforts against financing of terrorism and exchange views about processes of radicalisation and recruitment; and

(e) exchange best practices in the area of protection of human rights in the fight against terrorism.

TITLE III

TRADE AND BUSINESS

CHAPTER 1

Trade in goods

Article 14

Most-favoured-nation treatment

1. Each Party shall accord most-favoured-nation treatment to goods of the other Party in accordance with Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), including its interpretative notes, which are incorporated into and made part of this Agreement, mutatis mutandis.

2. Paragraph 1 shall not apply in respect of preferential treatment accorded by either Party to goods of another country in accordance with the GATT 1994.

Article 15

National treatment

Each Party shall accord national treatment to goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes, which are incorporated into and made part of this Agreement, mutatis mutandis.

Article 16

Import and export customs duties

Each Party shall apply import and export customs duties in accordance with its WTO tariff commitments.

Article 17

Import and export restrictions

Neither Party may institute or maintain any prohibition or restriction other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, in accordance with Article XI of the GATT 1994, including its interpretative notes, which are incorporated into and made part of this Agreement, mutatis mutandis.

Article 18

Temporary admission of goods

Each Party shall grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and according to the procedures stipulated by any international convention on the temporary admission of goods binding upon it. This exemption shall be applied pursuant to the legislation of the Party granting the exemption.

Article 19

Transit

The Parties agree that the principle of freedom of transit is an essential condition of attaining the objectives of this Agreement. In that regard, each Party shall provide for freedom of transit through its territory of goods consigned from or destined for the customs territory of the other Party in accordance with Article V of the GATT 1994, including its interpretative notes, which are incorporated into and made part of this Agreement, mutatis mutandis.

Article 20

Safeguard measures

Nothing in this Agreement shall prejudice or affect the rights and obligations of either Party under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.

Article 21

Special agriculture safeguard

Nothing in this Agreement shall prejudice or affect the rights and obligations of either Party under Article 5 (Special Safeguard Provisions) of the WTO Agreement on Agriculture.

Article 22

Anti-dumping and countervailing measures

1. Nothing in this Agreement shall prejudice or affect the rights and obligations of either Party under Article VI of the GATT 1994, the WTO Agreement on Implementation of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures (‘SCM Agreement’).

2. Before final determination is made, the Parties shall ensure the disclosure of all essential facts under consideration which form the basis for the decision to apply measures, without prejudice to Article 6.5 of the WTO Agreement on Implementation of Article VI of the GATT 1994 and Article 12.4 of the SCM Agreement. Disclosures shall allow interested parties sufficient time to make their comments.

3. Provided it does not unnecessarily delay the conduct of the investigation, each interested party shall be granted the possibility to be heard in order to express their views during anti-dumping or countervailing investigations.

4. The provisions of this Article shall not be subject to the Dispute Settlement provisions in this Agreement.

Article 23

Pricing

Each Party shall ensure that undertakings or entities to which it grants special or exclusive rights or which it controls, and which sell goods on the domestic market and which also export the same product, maintain separate accounts so that the following shall be clearly ascertained:

(a) the costs and revenues associated with domestic and international activities; and

(b) full details of the methods by which costs and revenues are assigned or allocated to domestic and international activities.

These separate accounts shall be based on accounting principles of causality, objectivity, transparency and consistency, according to internationally recognised accounting standards, and be based on audited data.

Article 24

Exceptions

1. The Parties affirm that their existing rights and obligations under Article XX of the GATT 1994 and its interpretative notes shall apply to trade in goods covered by this Agreement, mutatis mutandis. To that end, Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

2. The Parties understand that before taking any measures provided for in subparagraphs (i) and (j) of Article XX of the GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the Party may apply measures under this Article on the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

3. The Republic of Kazakhstan may maintain certain measures inconsistent with Articles 14, 15 and 17 of this Agreement, identified in the Protocol on the Accession of the Republic of Kazakhstan to the WTO, until the expiration of the transition periods provided for those measures in that Protocol.

CHAPTER 2

Customs

Article 25

Customs cooperation

1. The Parties shall strengthen cooperation in the area of customs in order to ensure a transparent trade environment, facilitate trade, enhance supply-chain security, promote safety of consumers, stem the flows of goods infringing intellectual property rights and fight smuggling and fraud.

2. In order to implement those objectives and within the limits of available resources, the Parties shall cooperate, inter alia, to:

(a) improve customs law, harmonise and simplify customs procedures, in accordance with international conventions and standards applicable in the field of customs and trade facilitation, including those developed by the European Union (including Customs Blueprints), the World Trade Organisation and the World Customs Organisation (in particular the Revised Kyoto Convention);

(b) establish modern customs systems, including modern customs clearance technologies, provisions for authorised economic operators, automated risk-based analysis and controls, simplified procedures for the release of goods, post-clearance controls, transparent customs valuation, and provisions for customs-to-business partnerships;

(c) encourage the highest standards of integrity in the area of customs, in particular at the border, through the application of measures reflecting the principles set out in the Arusha Declaration of the World Customs Organisation;

(d) exchange best practices, and provide training and technical support for planning and capacity building and for ensuring the highest standards of integrity;

(e) exchange, where appropriate, relevant information and data whilst respecting the Parties' rules on the confidentiality of sensitive data and on personal data protection;

(f) engage in coordinated customs actions between the customs authorities of the Parties;

(g) establish, where relevant and appropriate, mutual recognition of authorised economic operators' programmes and customs controls, including equivalent trade facilitation measures;

(h) pursue, where relevant and appropriate, possibilities for interconnectivity of the respective customs transit systems.

3. The Cooperation Council shall establish a Subcommittee on Customs Cooperation.

4. A regular dialogue shall take place on the issues covered by this Chapter. The Cooperation Committee may establish rules for the conduct of such dialogue.

Article 26

Mutual administrative assistance

Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 25, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the Protocol to this Agreement on Mutual Administrative Assistance in Customs Matters.

Article 27

Customs valuation

The Agreement on the Implementation of Article VII of the GATT 1994 shall govern the customs valuation of goods in the trade between the Parties. Its provisions are hereby incorporated into and made part of this Agreement, mutatis mutandis.

CHAPTER 3

Technical Barriers to Trade

Article 28

WTO Agreement on Technical Barriers to Trade

The Parties affirm that in their relations they will respect the rights and obligations of the WTO Agreement on Technical Barriers to Trade (‘TBT Agreement’) which is incorporated into and made part of this Agreement, mutatis mutandis.

Article 29

Technical regulation, standardisation, metrology, accreditation, market surveillance and conformity assessment

1. The Parties agree to:

(a) reduce the differences which exist between them in the fields of technical regulation, standardisation, legal metrology, accreditation, market surveillance and conformity assessment, including by encouraging the use of internationally agreed instruments in those fields;

(b) promote the use of accreditation in accordance with international rules in support of conformity assessment bodies and their activities; and

(c) promote the participation and, where possible, the membership of the Republic of Kazakhstan and its relevant bodies in European organisations the activity of which relates to standardisation, metrology, conformity assessment and related functions.

2. The Parties aim to set up and maintain a process through which gradual alignment of their technical regulations, standards and conformity assessment procedures will be achieved.

3. For areas in which alignment has been achieved, the Parties may consider the negotiation of agreements on conformity assessment and acceptance of industrial products.

Article 30

Transparency

1. Without prejudice to the provisions of Chapter 13 (Transparency) of this Title, each Party shall ensure that its procedures for the development of technical regulations and conformity assessment procedures allow for public consultation of interested parties at an early appropriate stage when comments resulting from the public consultation can still be introduced and taken into account, except where this is not possible because of an emergency or a threat thereof related to safety, health, environmental protection or national security.

2. In accordance with Article 2.9 of the TBT Agreement, each Party shall allow a period for comments at an early appropriate stage following the notification of proposed technical regulations or conformity assessment procedures. Where a consultation process on proposed drafts of technical regulations or conformity assessment procedures is open to the public, each Party shall permit the other Party, or natural or legal persons located in the territory of the other Party, to participate on terms no less favourable than those accorded to natural or legal persons located in the territory of that Party.

3. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available.

CHAPTER 4

Sanitary and phytosanitary matters

Article 31

Objective

The objective of this Chapter is to set out principles applicable to sanitary and phytosanitary (SPS) measures and animal welfare issues in trade between the Parties. These principles shall be applied by the Parties in a manner which further facilitates trade, while preserving each Party's level of protection of human, animal or plant life or health.

Article 32

Principles

1. The Parties shall ensure that SPS measures are developed and applied on the basis of the principles of proportionality, transparency, non-discrimination and scientific justification.

2. A Party shall ensure that its SPS measures do not arbitrarily or unjustifiably discriminate between its own territory and the territory of the other Party to the extent that identical or similar conditions prevail. SPS measures shall not be applied in a manner which would constitute a disguised restriction on trade.

3. The Parties shall ensure that SPS measures, procedures or controls are implemented and requests for information are addressed by the relevant authorities of each Party without undue delay, and in a manner no less favourable to imported products than to like domestic products.

Article 33

Import Requirements

1. The import requirements of the importing Party shall be applicable to the entire territory of the exporting Party, subject to Article 35 of this Chapter. The import requirements set out in certificates are based on the principles of the Codex Alimentarius Commission (‘Codex’), the World Organisation for Animal Health (OIE) and the International Plant Protection Convention (IPPC), unless the import requirements are supported by a science-based risk assessment conducted in accordance with the applicable international rules as provided for in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (‘the SPS Agreement’).

2. The requirements set out in import permits shall not contain more stringent sanitary and veterinary conditions than the conditions laid down in the certificates under paragraph 1 of this Article.

Article 34

Equivalence

Upon request by the exporting Party and subject to a satisfactory evaluation by the importing Party, equivalence shall be recognised by the Parties, following the relevant international procedures, in relation to an individual measure and/or groups of measures and/or systems applicable in general or to a sector or part of a sector.

Article 35

Measures linked to animal and plant health

1. The Parties shall recognise the concept of pest-free or disease-free areas and areas of low pest or disease prevalence in accordance with the SPS Agreement and the relevant standards, guidelines or recommendations of the Codex, the OIE and the IPPC.

2. When determining pest-free or disease-free areas and areas of low pest or disease prevalence, the Parties shall consider factors such as geographical location, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls in such areas.

Article 36

Trade facilitation

1. The Parties shall develop and apply trade facilitation tools on the basis of the recognition by the importing Party of the inspection and certification systems of the exporting Party.

2. Such trade facilitation tools aim at avoiding the inspection by the importing Party of each consignment or each exporting establishment in the territory of the exporting Party according to existing legislation. They may include an approval of an exporting establishment and the establishment of lists of the exporting establishments in the territory of the exporting Party based on guaranties given by the exporting Party.

Article 37

Inspections and Audits

Inspections and audits carried out by the importing Party in the territory of the exporting Party to evaluate the latter's inspection and certification systems shall be performed in accordance with the relevant international standards, guidelines and recommendations. The costs of inspections and audits shall be borne by the Party carrying out the audits and the inspections.

Article 38

Exchange of information and cooperation

1. The Parties shall discuss and exchange information on existing SPS and animal welfare measures and on their development and implementation. Such discussions and exchange of information shall, as appropriate, take into account the SPS Agreement and the standards, guidelines or recommendations of the Codex, the OIE and the IPPC.

2. The Parties agree to cooperate on animal and plant welfare through the exchange of information, expertise and experience with the objective of building up capacity in this field. Such cooperation shall be specific to the needs of a Party and be conducted with the aim of assisting each Party in complying with the other Party's legal framework.

3. The Parties shall establish a timely dialogue on SPS issues upon request by either Party to consider matters relating to SPS and other urgent issues covered by this Chapter. The Cooperation Committee may adopt rules for the conduct of such dialogues.

4. The Parties shall designate and regularly update the contact points for communication on matters covered by this Chapter.

CHAPTER 5

Trade in services and establishment

Section 1

General provisions

Article 39

Objective, scope and coverage

1. The Parties, reaffirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements in view of improving reciprocal conditions for trade in services and establishment.

2. Nothing in this Chapter shall be construed as imposing any obligation with respect to government procurement subject to the provisions of Chapter 8 (Government Procurement) of this Title.

3. The provisions of this Chapter shall not apply to subsidies granted by the Parties.

4. Consistent with the provisions of this Agreement, each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives.

5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the European Union or of the Republic of Kazakhstan, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

6. Nothing in this Chapter shall prevent the Parties from applying measures to regulate the entry of natural persons into, or their temporary stay in, their territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, their borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the provisions of this Chapter (1).

7. This Chapter does not apply to measures adopted or maintained by the Parties affecting trade in services and establishment in the audiovisual sector.

Article 40

Definitions

For the purposes of this Chapter:

(a) ‘measure’ means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form;

(b) ‘measures adopted or maintained by a Party’ means measures taken by: (i) central, regional or local governments or authorities of a Party; and (ii) non-governmental bodies of a Party in the exercise of powers delegated by central, regional or local governments or authorities of a Party;

(c) ‘natural person of the European Union’ or ‘natural person of the Republic of Kazakhstan’ means a national of one of the Member States of the European Union or of the Republic of Kazakhstan according to their respective legislation;

(d) ‘juridical person’ means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately owned or governmentally owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

(e) ‘juridical person of a Party’ means a juridical person of the European Union or of the Republic of Kazakhstan set up in accordance with the law of a Member State of the European Union or of the Republic of Kazakhstan, respectively, and having its registered office, its central administration, or its principal place of business in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively. Should the juridical person set up in accordance with the law of a Member State of the European Union or of the Republic of Kazakhstan, have only its registered office or central administration in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively, it shall not be considered as a juridical person of the European Union or of the Republic of Kazakhstan, respectively, unless it engages in substantive business operations in the territory to which the Treaty on the Functioning of the European Union applies or in the territory of the Republic of Kazakhstan, respectively;

(f) Notwithstanding point (e), with regard to international maritime transport, including intermodal operations involving a sea leg, shipping companies established outside the European Union or the Republic of Kazakhstan and controlled by nationals of a Member State of the European Union or of the Republic of Kazakhstan, respectively, shall also be beneficiaries of the provisions of this Chapter if their vessels are registered in accordance with the respective legislation in that Member State of the European Union or in the Republic of Kazakhstan and fly the flag of a Member State of the European Union or of the Republic of Kazakhstan;

(g) an ‘economic integration agreement’ means an agreement substantially liberalising trade in services, including establishment, in accordance with the General Agreement on Trade in Services (GATS), in particular Articles V and V bis of the GATS, and/or containing provisions substantially liberalising establishment in other economic activities meeting, mutatis mutandis, the criteria of Articles V and V bis of the GATS in respect of such activities;

(h) ‘economic activities’ shall include activities of an economic nature except economic activities performed in the exercise of governmental authority;

(i) ‘economic activities performed in the exercise of governmental authority’ means activities carried out neither on a commercial basis nor in competition with one or more economic operators;

(j) ‘operations’ means the pursuit and the maintenance of economic activities;

(k) ‘subsidiary’ of a juridical person means a juridical person which is effectively controlled by another juridical person of that Party (2);

(l) ‘branch’ of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that such third parties, although knowing that there will, if necessary, be a legal link with the parent body the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;

(m) ‘establishment’ means any type of business or commercial presence, including (i) the constitution, acquisition or maintenance of a juridical person (3); or (ii) the creation or maintenance of a branch or representative office (4) within the territory of a Party for the purpose of performing an economic activity;

(n) ‘investor’ of a Party means a natural or juridical person that seeks to perform or performs an economic activity through setting up an establishment;

(o) ‘services’ includes any service (5) in any sector except services supplied in the exercise of governmental authority;

(p) ‘service supplied in the exercise of governmental authority’ means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;

(q) ‘services supplier’ means any natural or juridical person that supplies a service;

(r) ‘supply of a service’ includes the production, distribution, marketing, sale and delivery of a service.

Section 2

Establishment and cross-border supply of services

Subsection 1

All economic activities

Article 41

Scope and coverage

1. This Subsection applies to measures by the Parties affecting establishment in all economic activities and cross-border supply of services.

2. The Parties confirm their respective rights and obligations arising from their commitments under the GATS.

For greater certainty, in regard to services, the Parties' respective GATS schedules of specific commitments (6), including the reservations and lists of most-favoured-nation exemptions, shall be incorporated into and made part of this Agreement and shall apply.

Article 42

Progressive improvement of conditions for establishment

1. The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the further liberalisation of establishment in the context of this Agreement.

2. The Parties shall endeavour to avoid the adoption of any measure which renders the conditions for establishment more restrictive than the situation existing on the day preceding the date of signature of this Agreement.

Article 43

Progressive improvement of conditions for cross-border supply of services

1. The Parties fully recognise the importance of liberalising the cross-border supply of services between the Parties.

2. The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the further liberalisation of cross-border supply of services in the context of this Agreement.

Subsection 2

Economic activities other than services

Article 44

Scope and coverage

This Subsection applies to measures by the Parties affecting establishment in all economic activities other than services.

Article 45

Most-favoured-nation treatment

1. Each Party shall grant to juridical persons of the other Party treatment no less favourable than that it accords to juridical persons of any third country with regard to their establishment.

2. Each Party shall grant to juridical persons of the other Party treatment no less favourable than that it accords to juridical persons of any third country with regard to the operation of juridical persons of the other Party established in the former Party's territory.

3. Any advantage, favour, privilege or immunity granted, in relation with local content requirements, by the Republic of Kazakhstan to juridical persons of a WTO member established in the Republic of Kazakhstan in the form of a juridical person shall be accorded immediately and unconditionally to juridical persons of the European Union established in the Republic of Kazakhstan in the form of a juridical person.

4. The treatment granted in accordance with paragraphs 1 and 2 shall not apply to treatment accorded by a Party pursuant to economic integration agreements, free trade agreements, agreements for the avoidance of double taxation and agreements primarily governing taxation matters, nor shall it be construed as extending to investment protection, other than the treatment deriving from Article 46, including investor-to-state dispute settlement procedures.

5. Notwithstanding paragraph 4, as regards strategic resources and objects, the Republic of Kazakhstan shall in no case accord to subsidiaries of juridical persons of the European Union established in the Republic of Kazakhstan in the form of a juridical person, less favourable treatment than that accorded after the date on which this Title starts to apply, to subsidiaries of juridical persons of any third country established in the Republic of Kazakhstan in the form of a juridical person.

Article 46

National treatment

Subject to the Parties' reservations set out in Annex I,

(a) each Party shall grant to subsidiaries of juridical persons of the other Party established in the former Party's territory treatment no less favourable than that granted to that Party's own juridical persons with respect to their operations;

(b) the Republic of Kazakhstan shall grant to juridical persons and branches of the European Union treatment no less favourable than that accorded to juridical persons and branches of the Republic of Kazakhstan, respectively, in respect of their establishment and operations for economic activities other than services. National treatment granted by the Republic of Kazakhstan is without prejudice to the terms of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.

Section 3

Temporary presence of natural persons for business purposes

Article 47

Coverage and definitions

1. This Section applies to measures by the Parties concerning the entry into, and temporary stay in, their territories of business visitors for establishment purposes, intra-corporate transferees, and contractual services suppliers in accordance with Article 39(5) and (6).

2. For the purposes of this Section:

(a) ‘business visitors for establishment purposes’ means natural persons, employed in a senior position by a juridical person of a Party, who are responsible for setting up an establishment in the territory of the other Party. They do not offer or provide services or engage in any other economic activities than required for establishment purposes. They do not receive remuneration from a source located within the host Party;

(b) ‘intra-corporate transferees’ means natural persons who have been employed by a juridical person of a Party or have been partners in it (7) for at least one year and who are temporarily transferred to an establishment that may be a subsidiary, branch or head company of the juridical person of a Party in the territory of the other Party. The natural person concerned must belong to one of the categories as defined in the Parties' respective GATS schedules, which for the purposes of this Section shall apply to all economic activities;

(c) ‘contractual service supplier’ means a natural person employed by a juridical person of a Party which itself is not an agency for placement and supply services of personnel, nor acting through such agencies, and which has no establishment in the territory of the other Party and which has concluded a bona fide contract (8) to supply services with a final consumer in the latter Party, requiring the presence on a temporary basis of its employees in that latter Party, in order to fulfil the contract to provide services;

(d) ‘qualifications’ means diplomas, certificates and other evidence of formal qualification issued by an authority, designated pursuant to legislative, regulatory or administrative provisions, certifying successful completion of professional training.

Article 48

Intra-corporate transferees and business visitors for establishment purposes

1. For services, the Parties reaffirm their respective obligations arising from their commitments under the GATS as regards the entry and temporary stay of intra-corporate transferees or business visitors for establishment purposes. The reservations listed therein apply (9).

2. For economic activities other than services and subject to the reservations set out in Annex II:

(a) each Party shall allow investors engaged in production of goods on the territory of the other Party to transfer intra-corporate transferees, as defined in Article 47(2)(b), and business visitors for establishment purposes, as defined in Article 47(2)(a). The entry and temporary stay shall be permitted for a period of up to three years for intra-corporate transferees, and 90 days in any 12-month period for business visitors for establishment purposes;

(b) neither Party shall maintain or adopt measures defined as limitations on the total number of natural persons that an investor may transfer as intra-corporate transferees or business visitors for establishment purposes in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations.

Article 49

Contractual service suppliers

1. The Republic of Kazakhstan shall allow the supply of services in its territory by juridical persons of the European Union through the presence of natural persons who are citizens of the Member States of the European Union, subject to the following conditions:

(a) natural persons entering the Republic of Kazakhstan shall possess: (i) a university degree or an advanced technical qualification demonstrating knowledge of an equivalent level; and (ii) professional qualifications where this is required to exercise an activity in the sector concerned pursuant to the law, regulations or requirements of the Republic of Kazakhstan;

(b) natural persons shall not receive remuneration for the provision of services, other than the remuneration paid by the juridical person of the European Union, during their stay in the Republic of Kazakhstan.

(c) natural persons entering the Republic of Kazakhstan shall have been employed by the juridical person of the European Union for at least the year preceding the date of submission of an application for entry into the Republic of Kazakhstan. In addition, the natural persons shall possess, at the date of submission of an application for entry into the Republic of Kazakhstan, at least five years professional experience in the sector of activity which is the subject of the contract;

(d) the Republic of Kazakhstan may apply the economic needs test and an annual quota for work permits reserved for contractual service suppliers of the European Union gaining access to the services market of the Republic of Kazakhstan. The total number of contractual service suppliers of the European Union entering the services market of the Republic of Kazakhstan shall not exceed 800 persons per year;

(e) after the expiration of a five-year period following the accession of the Republic of Kazakhstan to the WTO, the economic needs test shall not be applied (10). During the period when the Republic of Kazakhstan applies the economic needs test (11), the entry and temporary stay of natural persons within the Republic of Kazakhstan pursuant to the fulfilment of the contract shall be for a cumulative period of not more than four months in any 12-month period or for the duration of the contract, whichever is less. After the expiration of a five-year period following the accession of the Republic of Kazakhstan to the WTO, the entry and temporary stay shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is less. The juridical persons of the European Union shall be responsible for the timely departure of their employees from the territory of the Republic of Kazakhstan.

2. The Republic of Kazakhstan shall allow the supply of services into its territory by juridical persons of the European Union through the presence of natural persons if the service contract fulfils the following conditions:

(a) the contract to provide services: (i) has been concluded directly between the juridical person of the European Union and the final consumer, which is a juridical person of the Republic of Kazakhstan; (ii) requires the temporary presence on the territory of the Republic of Kazakhstan of employees of that juridical person in order to provide the service; and (iii) complies with the laws, regulations and requirements of the Republic of Kazakhstan;

(b) the contract to provide services is concluded in one of the following sectors of activity which are included and defined in the Republic of Kazakhstan's GATS schedule of commitments: (i) legal services (ii) accounting and bookkeeping services (iii) taxation services (iv) architectural services (v) engineering services (vi) integrated engineering services (vii) urban planning and landscape architecture services (viii) computer and related services (ix) advertising services (x) market research services (xi) management consulting services (xii) services related to management consulting (xiii) technical testing and analysis services (xiv) advisory and consulting services incidental to mining (xv) related scientific and technical consulting services (xvi) translation and interpretation services (xvii) maintenance and repair of equipment, including transportation equipment, in the context of an after-sales services contract (xviii) environmental services.

(c) Access accorded under this paragraph relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title in the territory of the Republic of Kazakhstan.

3. The European Union reaffirms its respective obligations arising from the commitments under the GATS as regards the entry and temporary stay of contractual service suppliers. The reservations listed therein apply (12).

Article 50

Most-favoured-nation treatment

1. Treatment accorded by the European Union to contractual service suppliers of the Republic of Kazakhstan shall be no less favourable than that accorded to contractual service suppliers of any third country.

2. Treatment granted under other agreements concluded by the European Union with a third country which have been notified under Article V of the GATS or which benefit from the coverage of the European Union GATS list of most-favoured-nation exemptions, shall be excluded from the scope of paragraph 1. Treatment deriving from the harmonisation of regulations based on agreements concluded by the European Union providing for mutual recognition in accordance with Article VII of the GATS shall also be excluded from the scope of paragraph 1.

3. If the Republic of Kazakhstan grants more favorable treatment than that provided for in this Agreement to contractual service suppliers of any other WTO member, except to countries of the Commonwealth of Independent States (CIS) and countries which are parties to economic integration agreements with the Republic of Kazakhstan, that treatment shall be applied to contractual service suppliers of the European Union. Treatment deriving from the harmonisation of regulations based on agreements concluded by the Republic of Kazakhstan providing for mutual recognition in accordance with Article VII of the GATS shall also be excluded from this provision.

Article 51

Progressive improvement of conditions for temporary presence of natural persons for business purposes

The Cooperation Committee meeting in trade configuration shall make recommendations to the Parties for the further liberalisation of the temporary presence of natural persons for business purposes.

Section 4

Domestic regulation

Article 52

Scope and coverage

1. The disciplines set out in Article 53 shall apply to measures by the Parties relating to licensing and qualification procedures that affect:

(a) cross-border supply of services;

(b) establishment;

(c) the supply of a service through the presence of a natural person in the territory of the other Party in accordance with Section 3 of this Chapter.

2. The disciplines set out in Article 53 shall apply to all economic activities falling under the scope of this Chapter. For services, they shall apply to the extent of the relevant Party's specific commitments under the GATS (13). The disciplines do not apply to measures to the extent that they constitute limitations subject to scheduling under Article XVI or XVII of the GATS.

Article 53

Licensing and qualification

1. Each Party shall ensure that licensing and qualification procedures for the purpose of obtaining an authorisation to supply a service or to establish are reasonable, clear and relevant to the underlying policy objectives, taking into account the nature of the requirements to be met and the criteria to be assessed, and do not in themselves constitute a restriction on the supply of services or the establishment.

2. Where specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. Where possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format.

3. Authenticated copies should be accepted, where possible, in place of original documents.

4. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable period specified in its legislation or, in any event, without undue delay. Each Party shall endeavour to establish the normal timeframe for the processing of an application. Each Party shall ensure that a licence or an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.

5. Each Party shall ensure that licensing fees (14) are reasonable in terms of the costs incurred by the competent authority, and do not in themselves restrict the supply of the service or the establishment.

6. Where the competent authority considers that an application is incomplete or determines that it needs additional information, it shall, within a reasonable period of time:

(a) inform the applicant;

(b) to the extent practicable, identify the information required; and

(c) to the extent practicable, provide the opportunity to correct deficiencies.

7. If the competent authority rejects an application, it shall inform the applicant without undue delay and, to the extent practicable, in writing. The competent authority should inform the applicant, upon request, of the reasons for rejection of the application and, where possible, of any deficiencies that have been identified. It should inform the applicant of the procedures for appeal against the decision in accordance with the relevant legislation. The competent authority should permit an applicant to submit a new application in accordance with the relevant authority's established procedures, except where the relevant authority limits the number of licences or qualification determinations.

8. Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation procedure are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any services supplier or investor for which the licence or authorisation is required.

Section 5

Sector specific provisions

Article 54

International maritime transport

1. This Article sets out the principles for the liberalisation of international maritime transport services. This Article is without prejudice to the rights and obligations deriving from each Party's GATS commitments.

2. For the purposes of this Article, ‘international maritime transport’ includes door to door and multi-modal transport operations, which is the carriage of goods using more than one mode of transport, involving a sea leg, under a single transport document and, to this effect, including the right of international maritime transport suppliers to directly contract with providers of other modes of transport.

3. With respect to activities referred to in paragraph 4, undertaken by shipping agencies for the provision of services with regards to international maritime transport, each Party shall permit juridical persons of the other Party to establish subsidiaries or branches in its territory, under conditions of establishment and operation no less favourable than those accorded to its own subsidiaries or branches or to subsidiaries or branches of any third country, whichever are the better.

This paragraph does not apply to the establishment for the purpose of operating a fleet under the national flag of a Member State of the European Union or of the Republic of Kazakhstan.

4. Such activities include, but are not limited to:

(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, whether these services are operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business agreements;

(b) purchase and use, on their own account or on behalf of their customers (and resale to their customers) of any transport and related services, including transport services by any inland mode, necessary for the supply of an intermodal service;

(c) preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;

(d) provision of business information by any means, including computerised information systems and electronic data interchange (subject to any non-discriminatory restrictions concerning telecommunications);

(e) setting up of any business arrangement with other shipping agencies, including participation of the company's stock and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant provisions of this Agreement), with any locally established shipping agency;

(f) acting on behalf of the juridical persons, inter alia, in organising the call of the vessel or taking over cargoes when required.

5. In view of the existing level of liberalisation concerning the cross-border supply of services between the Parties in international maritime transport:

(a) the Parties shall apply effectively the principle of unrestricted access to the international markets and trades on a commercial and non-discriminatory basis;

(b) each Party shall grant to ships operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships or those of any third country, whichever are the better with regard to, inter alia, access to ports, the use of infrastructure and services of the ports, and the use of maritime auxiliary services, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.

6. In applying the principles set out in paragraph 5, the Parties shall:

(a) not apply, as from the entry into force of this Agreement, any cargo-sharing provisions of bilateral agreements between any Member State of the European Union and the Republic of Kazakhstan;

(b) not introduce cargo-sharing clauses into future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;

(c) prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;

(d) upon the entry into force of this Agreement, abolish and abstain from introducing any unilateral measures and administrative, technical and other obstacles which could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.

7. Natural and juridical persons of the European Union providing international maritime transport services shall be free to provide international sea-river services in the inland waterways of the Republic of Kazakhstan and vice versa.

8. The Parties shall make available to international maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast water disposal, port captain's services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electricity supplies, emergency repair facilities, anchorage, berth and berthing services.

9. If the Republic of Kazakhstan grants more favourable treatment for maritime transport to any other WTO member, except for coastal states of the Caspian Sea and for CIS countries, those terms shall be applied to the natural and juridical persons of the European Union.

Article 54 bis

Road, rail, inland waterways and air transport

With a view to ensuring coordinated development of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in road, rail and inland waterways and, if applicable, in air transport may be dealt with by potential specific agreements negotiated between the Parties after the entry into force of this Agreement.

Section 6

Exceptions

Article 55

General exceptions

1. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment, including operations, or the cross-border supply of services, nothing in this Chapter shall be construed as preventing the adoption or enforcement by any Party of measures:

(a) necessary to protect public security or public morals or to maintain public order (15);

(b) necessary to protect human, animal or plant life or health;

(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or on the domestic supply or consumption of services;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with this Title, including those relating to: (i) the prevention of deceptive and fraudulent practices, or those necessary to deal with the effects of a default on contracts; (ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; (iii) safety;

(f) inconsistent with Article 46, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, investors or services suppliers of the other Party (16).

2. This Chapter shall not apply to the Parties' respective social security systems or to activities in the territory of each Party, which are connected, even occasionally, with the exercise of governmental authority.

Section 7

Investment

Article 56

Review and consultations

In order to identify any barriers to investment, the Parties shall jointly review the investment legal framework no later than three years after the date on which this Title starts to apply. On the basis of this review, they shall consider the opportunity to start negotiations to address such barriers, with a view to supplementing this Agreement, including with respect to general principles of investment protection.

CHAPTER 6

Capital movements and payments

Article 57

Current account

Each Party shall authorise, in a freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund (IMF), as applicable, all payments and transfers on the current account of the balance-of-payments between the Parties.

Article 58

Movement of capital

1. With regard to transactions on the capital and financial account of balance-of-payments and without prejudice to other provisions of this Agreement, the Parties undertake not to impose restrictions on the free movement of capital relating to direct investments made in accordance with the laws of the host country, to economic activities covered by Chapter 5 (Trade in Services and Establishment) of this Title and to the liquidation and repatriation of such invested capital and of any profit generated therefrom.

2. With regard to transactions on the capital and financial account of balance-of-payments not covered by paragraph 1, and without prejudice to other provisions of this Agreement, each Party shall ensure, in accordance with its laws, the free movement of capital relating to, inter alia:

(a) credits relating to commercial transactions, including the provision of services, in which a resident of a Party is participating;

(b) financial loans and credits; or

(c) capital participation in a juridical person with no intention of establishing or maintaining lasting economic links.

3. Without prejudice to other provisions of this Agreement, the Parties shall not introduce any new restrictions on the movement of capital between residents of the Parties and shall not make the existing arrangements more restrictive.

4. The Parties may hold consultations with a view to further facilitating the movement of capital between them.

Article 59

Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on capital movements, nothing in this Chapter shall be construed as preventing the adoption or enforcement by either Party of measures:

(a) necessary to protect public security and public morals or to maintain public order; or

(b) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Title, including those relating to: (i) the prevention of criminal or penal offences, deceptive and fraudulent practices, or those necessary to deal with the effects of a default on contracts (bankruptcy, insolvency and protection of the right of creditors); (ii) measures adopted or maintained to ensure the integrity and stability of a Party's financial system; (iii) issuing, trading or dealing in securities, options, futures or other derivatives; (iv) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or (v) ensuring compliance with orders or judgements in juridical or administrative proceedings.

Article 60

Temporary safeguard measures with regard to capital movements, payments or transfers

In exceptional circumstances of serious difficulties for the operation of monetary and exchange rate policy, in the case of the Republic of Kazakhstan, or for the operation of the economic and monetary union, in the case of the European Union, or threat thereof, safeguard measures that are strictly necessary may be taken by the concerned Party with regard to capital movements, payments or transfers for a period not exceeding one year. The Party which maintains or adopts such measures shall inform the other Party forthwith and present, as soon as possible, a time schedule for their removal.

CHAPTER 7

Intellectual Property

Article 61

Objectives

The objectives of this Chapter are to:

(a) facilitate the production and commercialisation of innovative and creative products between the Parties; and

(b) achieve an adequate and effective level of protection and enforcement of intellectual property rights.

Section 1

Principles

Article 62

Nature and scope of obligations

1. The Parties recall their obligation to ensure the adequate and effective implementation of the international agreements dealing with intellectual property to which they are parties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (‘the TRIPS Agreement’). The provisions of this Chapter shall complement and further specify the rights and obligations between the Parties under the TRIPS Agreement and other international agreements in the field of intellectual property.

2. For the purposes of this Agreement, the term ‘intellectual property’ refers, inter alia, to all categories of intellectual property referred to in Articles 65 to 96.

3. Protection of intellectual property includes protection against unfair competition as referred to in Article 10bis of the Paris Convention for the Protection of Industrial Property of 1883, as revised and amended (‘the Paris Convention’).

4. This Chapter shall not prevent the Parties from applying provisions in their law providing for higher standards for the protection and enforcement of intellectual property rights, provided that those provisions do not contravene the provisions of this Chapter.

Article 63

Transfer of technology

1. The Parties agree to exchange views and information on their law and international practices on the protection and enforcement of intellectual property rights, affecting transfer of technology. This shall, in particular, include exchanges on measures to facilitate information flows, business partnerships, and voluntary licensing and subcontracting agreements. Particular attention shall be paid to the conditions necessary to create an adequate enabling environment for technology transfer in the host countries, including issues such as the domestic legal framework and the development of human capital.

2. When measures are taken with regard to technology transfer, the legitimate interests of the intellectual property right holders shall be protected.

Article 64

Exhaustion

Each Party shall apply a national or regional (17) exhaustion regime of intellectual property rights, in accordance with its respective domestic law, in respect of copy right and related rights, designs, and trademarks.

Section 2

Standards concerning intellectual property rights

COPYRIGHT AND RELATED RIGHTS

Article 65

Protection granted

Each Party shall comply with the rights and obligations set out in the following international agreements:

(a) the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention);

(b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention);

(c) the World Intellectual Property Organization (WIPO) Copyright Treaty;

(d) the WIPO Performances and Phonograms Treaty;

(e) the TRIPS Agreement.

Article 66

Authors

Each Party shall, as regards authors, provide for the exclusive right to authorise or prohibit:

(a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their works;

(b) any form of distribution to the public by sale or otherwise of the original of their works or of copies thereof;

(c) any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 67

Performers

Each Party shall, as regards performers, provide for the exclusive right to authorise or prohibit:

(a) the fixation (18) of their performances;

(b) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of fixations of their performances;

(c) the distribution to the public, by sale or otherwise, of fixations of their performances;

(d) the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, of fixations of their performances;

(e) the broadcasting by wireless means and the communication to the public of their performances, except where the performance is itself already a broadcast performance or is made from a fixation.

Article 68

Producers of phonograms

Each Party shall, as regards phonogram producers, provide for the exclusive right to authorise or prohibit:

(a) the direct or indirect, temporary or permanent, reproduction by any means and in any form, in whole or in part, of their phonograms;

(b) the distribution of their phonograms to the public, by sale or otherwise, including copies thereof;

(c) the making available of their phonograms to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.

Article 69

Broadcasting organisations

Each Party shall, as regards broadcasting organisations, provide for the exclusive right to authorise or prohibit:

(a) the fixation of their broadcasts;

(b) the reproduction of fixations of their broadcasts;

(c) the making available to the public, by wire or wireless means, of fixations of their broadcasts in such a way that members of the public may access them from a place and at a time individually chosen by them; and

(d) the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee.

Article 70

Broadcasting and communication to the public

Each Party shall provide for the right to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public, and to ensure that that remuneration is shared between the relevant performers and phonogram producers. Each Party may, in the absence of agreement between the performers and phonogram producers, lay down the conditions as to the sharing of that remuneration between them.

Article 71

Term of protection

1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for no less than 70 years after his death.

2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author.

3. The rights of performers shall expire no less than 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire no less than 50 years after the date of the first such publication or the first such communication to the public, whichever is the earlier.

4. The rights of producers of phonograms shall expire no less than 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire no less than 50 years after the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire no less than 50 years after the date of the first lawful communication to the public.

5. The rights of broadcasting organisations shall expire no less than 50 years after the first transmission of a broadcast, whether that broadcast is transmitted by wire or wireless means, including by cable or satellite.

6. The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.

7. The terms of protection may exceed the terms laid down in this Article.

Article 72

Protection of technological measures

1. Each Party shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he is pursuing that objective.

2. Each Party shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which are mainly directed at or enable the circumvention of any effective technological measures.

3. For the purposes of this Agreement, the expression ‘technological measures’ means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject matter, which are not authorised by the right holder of any copyright or related right as provided for by domestic law. Technological measures shall be deemed ‘effective’ where the use of a work or other subject matter is controlled by the right holders through the application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.

Article 73

Protection of rights-management information

1. Each Party shall provide adequate legal protection against any person performing without authority any of the following acts:

(a) the removal or alteration of any electronic rights-management information;

(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority,

if that person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or related right as provided for by domestic law.

2. For the purposes of this Chapter, the expression ‘rights-management information’ means any information provided by right holders which identifies the work or other subject matter protected by copyright or related rights, the author or any other right holder, or information about the terms and conditions of use of the work or other subject matter, and any numbers or codes that represent such information.

3. Paragraph 1 shall apply when any of the items of information referred to in paragraph 2 is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject matter protected by copyright or related rights.

Article 74

Exceptions and limitations

1. In accordance with the conventions and international agreements to which they are parties, each Party may provide for limitations or exceptions to the rights set out in Articles 66 to 70 only in certain special cases which do not conflict with a normal exploitation of the works or other subject matter and do not unreasonably prejudice the legitimate interests of the right holders.

2. Each Party shall provide that temporary acts of reproduction referred to in Articles 66 to 70, which are transient or incidental, which are an integral and essential part of a technological process, and the sole purpose of which is to enable:

(a) a transmission in a network between third parties by an intermediary, or

(b) a lawful use

of a work or other subject matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Articles 66 to 69.

Article 75

Resale right

Each Party shall provide, for the benefit of the author of an original work of art who is a national of the other Party and for the benefit of his successor in title, a resale right, to be defined as an inalienable right which cannot be waived, even in advance, to receive a royalty based on the sale price obtained for the resale of the work subsequent to the first transfer of the work by the author. The thresholds and the rates of the collection of the royalties shall be established according to the domestic law of the Party where the resale takes place (19).

Article 76

Cooperation on collective management of rights

The Parties shall take such reasonable measures as may be available to them to facilitate the establishment of arrangements between their respective collective management societies for the purpose of ensuring easier mutual access and delivery of works and other protected subject matter between the territories of the Parties, as well as the transfer of royalties between them for the use of such works or other protected subject matter. The Parties shall also take such reasonable measures as may be available to them to achieve a high level of rationalisation and transparency with regard to the execution of the tasks of their respective collective management societies.

TRADEMARKS

Article 77

International agreements

Each Party shall:

(a) comply with the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks and with the WIPO Trademark Law Treaty; and

(b) make all reasonable efforts to accede to the Singapore Treaty on the Law of Trademarks.

Article 78

Registration procedure

1. Each Party shall provide for a system for the registration of trademarks in which each final decision taken by the relevant competent trademark authority shall be duly reasoned and communicated in writing to the applicant who will have the opportunity to contest it before the competent trademark authority and to appeal it before a court.

2. Each Party shall provide for the possibility of right holders to oppose trademark applications or registrations. The proceedings in case of opposition shall be adversarial.

3. Each Party shall provide a publicly available electronic database of trademark registrations.

Article 79

Well-known trademarks

The Parties shall cooperate with the aim of making the protection of well-known trademarks, as referred to in Article 6bis of the Paris Convention and in Article 16(2) and (3) of the TRIPS Agreement, effective.

Article 80

Exceptions to the rights conferred by a trademark

Each Party shall provide for limited exceptions to the rights conferred by a trademark, such as the fair use of descriptive terms, the use of geographical indications, or other limited exceptions, which take account of the legitimate interests of the owner of the trademark and of third parties.

GEOGRAPHICAL INDICATIONS

Article 81

Definition

Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Party, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.

Article 82

Principles of the protection of geographical indications

1. Each Party shall ensure adequate and indefinite protection of geographical indications, by way of a sui generis system of protection and in accordance with domestic law, as long as the geographical indication enjoys legal protection in the country of origin.

2. To that end, the Parties shall cooperate in the area of geographical indications on the basis of this Article, which complements the minimum standards set in the relevant provisions of the TRIPS Agreement.

3. Each Party shall ensure that its geographical indications protection system is open to registration of geographical indications of the other Party. Each Party shall provide for a publicly available electronic database of registered geographical indications.

4. In respect of the geographical indications protected in its respective territory, each Party shall prohibit and prevent:

(a) any direct or indirect commercial use of a registered name in respect of the products not covered by the registration in so far as: (i) those products are comparable to the products protected under that name, or (ii) such use exploits the reputation of the protected name;

(b) any misuse, imitation or evocation of a registered name, even if the true origin of the product is indicated or if the protected name is translated, transcribed, transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘kind’, ‘imitation’ or similar;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; or

(d) any other practice liable to mislead the consumer as to the true origin of the good.

5. Each Party shall enforce the protection provided for in Articles 81 to 83, including upon request from an interested party, by appropriate administrative enforcement in accordance with domestic law.

6. Each Party shall ensure that the protected geographical indications may be used by any operator marketing a good conforming to the corresponding specification.

7. Each Party shall ensure that the names that they have protected according to domestic law do not become generic.

8. The Parties shall have no obligation to register a geographical indication where, in the light of a reputed or well-known trademark, registration is liable to mislead consumers as to the true identity of the good.

9. Without prejudice to this Article, each Party shall protect geographical indications also where a prior trademark exists. A ‘prior trademark’ shall mean a trademark the use of which corresponds to one of the situations referred to in paragraph 4, which has been applied for, registered or established by use, if that possibility is provided for by domestic law, before the date on which the application for registration of the geographical indication is filed with the competent authority of that Party. Such prior trademark may continue to be used and renewed notwithstanding the protection of the geographical indication, provided that no grounds for the trademark's invalidity or revocation exist in the trademark law of the Party where it is registered or used.

Article 83

Negotiations

The Parties shall, no later than seven years after the date on which this Title starts to apply, commence negotiations with a view to concluding an agreement on the protection of geographical indications in their respective territories.

DESIGNS

Article 84

International agreements

The European Union reaffirms its commitment to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999. The Republic of Kazakhstan shall make reasonable efforts to accede to it.

Article 85

Requirements for protection of registered designs

1. Each Party shall provide for the protection of independently created designs that are new and original. This protection shall be provided by registration and shall confer an exclusive right upon the holder of a registered design in accordance with domestic law. For the purposes of this Article, a Party may consider that a design having individual character is original.

2. A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and to have individual character:

(a) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter, excluding maintenance, servicing or repair work, and

(b) to the extent that those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

Article 86

Rights conferred by registration

The holder of a registered design shall have the exclusive right to use it and to prevent any third party not having the holder's consent from, inter alia, making, offering for sale, selling, importing, exporting, stocking or using a product bearing or embodying the protected design when such acts are undertaken for commercial purposes.

Article 87

Protection conferred to unregistered designs

The Republic of Kazakhstan shall, no later than seven years after the date on which this Title starts to apply, effectively provide for legal protection against copying unregistered designs, on the condition that the European Union has, no later than two years before the end of that seven-year period, provided adequate training for representatives of the authorised bodies, organisations and judges.

Article 88

Term of protection

The duration of protection as from the date of the filing of the application shall amount to at least 10 years. Each Party may provide that the right holder may have the term of protection renewed for one or more periods of five years each, up to the maximum term of protection established according to domestic law.

Article 89

Exceptions

1. Each Party may provide for limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

2. Design protection shall neither extend to features of appearance dictated solely by technical functions of the product nor to features of appearance of a product that are necessary to ensure interoperability with another product (20).

3. A design right shall not subsist in a design which is contrary to public policy or to accepted principles of morality.

Article 90

Relationship to copyright

A design protected by a design right registered in a Party shall also be eligible for protection under the copyright law of that Party as from the date on which the design was created or fixed in any form. The extent to which, and the conditions under which, such a protection is conferred, including the level of originality required, shall be determined by each Party.

PATENTS

Article 91

International agreements

Each Party shall make all reasonable efforts to comply with Articles 1 to 16 of the Patent Law Treaty.

Article 92

Patents and public health

1. The Parties recognise the importance of the Declaration of the Ministerial Conference of the WTO on the TRIPS Agreement and Public Health, adopted on 14 November 2001. In interpreting and implementing the rights and obligations under this Chapter, each Party shall ensure consistency with that Declaration.

2. Each Party shall respect the Decision of the WTO General Council of 30 August 2003 on paragraph 6 of the Declaration referred to in paragraph 1.

Article 93

Supplementary protection certificates

1. The Parties recognise that medicinal and plant protection products protected by a patent on their respective territory may be subject to an administrative authorisation procedure before being put on the market. They recognise that the period that elapses