This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2. In accordance with Article 124 of the Agreement, the Member States and the institutions of the Union shall enforce the protection provided for in Articles 119-123 of the Agreement, including at the request of an interested party.

1. A name protected under sub-section 4 ‘Geographical Indications’ of Section B of Chapter 8 of Title IV of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.

For the purposes of Article 27.2 (a) (ii) of the Agreement, modifications to the Agreement through decisions related to geographical indications of the Cooperation Council acting in its trade configuration shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach an agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council.

The President of the Council shall designate the person(s) empowered to proceed, on behalf of the European Union, to the notification provided for in Article 318 of the Agreement in order to express the consent of the European Union to be bound by the Agreement.

The text of the Agreement is attached to this Decision.

The Enhanced Partnership and Cooperation Agreement between the European Union, of the one part, and the Kyrgyz Republic, of the other part, is hereby approved on behalf of the European Union.

(3)The Agreement should be approved on behalf of the European Union,

(2)The Agreement constitutes an important step towards the increased political and economic engagement of the European Union in Central Asia. By strengthening political dialogue and improving cooperation in a broad range of areas, it will provide the basis for more effective bilateral engagement with the Kyrgyz Republic,

(1)In accordance with Council Decision (EU) , the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Kyrgyz Republic, of the other part, was signed on , subject to its conclusion,

Having regard to the consent of the European Parliament,

Having regard to the proposal by the European Commission,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(6)(a) and Article 218(7),

on the conclusion, on behalf of the European Union, of the Enhanced Partnership and Cooperation Agreement between the European Union, of the one part, and the Kyrgyz Republic, of the other part

An impact assessment has not been carried out, as the Agreement mostly updates and enhances the existing PCA, and will therefore not introduce substantial new areas of cooperation which would have a considerable economic, social or environmental impact. The expected impact is predominantly political - the EU aims at reinforcing a partner country's political course and at strengthening the political capital of the EU. There can be positive social consequences in the Kyrgyz Republic related mainly to the envisaged provisions on the rule of law, human rights and security. An increase in trade is also expected as a result of an improved business environment, but does not present any risk to specific industry sectors on either side, as the Kyrgyz Republic and the EU are not competing in the same sectors. As stated in the roadmap, carrying-out an impact assessment would not add sufficient value.

The High Representative and the Commission consider that the objectives set by the Council in its negotiating directives have been attained, and that the draft Agreement can be submitted for conclusion.

The European Parliament has been kept regularly and promptly informed throughout the negotiations.

The Council has been regularly informed and consulted in the relevant Council Working Party, notably in the the Working Party on Eastern Europe and Central Asia (COEST) and the Trade Policy Committee (TPC), at all stages of the negotiations.

The Agreement does not go beyond what is necessary to achieve the policy objectives of strengthening relations between the EU and the Kyrgyz Republic, with a view to furthering democratic reforms, the rule of law and sustainable economic development as a means to increase the stability and security of the Kyrgyz Republic. The Agreement will not require the Union to amend its rules, regulations or standards in any regulated area.

The Agreement covers matters of EU competence and strengthens political dialogue and cooperation between the EU and the Kyrgyz Republic. Therefore, action at EU level, instead of Member States level, is needed.

Article 218(8) TFEU provides that the Council is to act by qualified majority except for the circumstances listed in the second subparagraph of Article 218(8) TFEU where the Council is to act unanimously. Given the fact that the two predominant components of the Agreement are trade policy and development cooperation, the voting rule for this particular case is therefore qualified majority.

Article 218(6)(a) TFEU provides for the adoption of a decision concluding an agreement after obtaining consent from the European Parliament.

It is noted that the Agreement does not include areas falling within the competence of the Member States, and therefore does not require the EU Member States to become a Party to this Agreement.

In this particular case, the Agreement pursues two main objectives and has two main components which fall within the area of development cooperation and common commercial policy. The legal basis of the proposed decision should therefore be Articles 207 and 209 of the Treaty on the Functioning of the European Union (TFEU).

According to the case-law, if examination of an EU measure reveals that it pursues two purposes or that it comprises two components and if one of these is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the measure must be founded on a single legal basis, namely that required by the main or predominant purpose or component. Exceptionally, if it is established, on the other hand, that the measure simultaneously pursues a number of objectives, or has several components, which are inextricably linked without one being incidental to the other, so that various provisions of the Treaty are applicable, the measure must be founded on the various corresponding legal bases (see, to that effect, judgments of 10 January 2006, Commission v Parliament and Council, C‑178/03, EU:C:2006:4, paragraphs 42 and 43; of 11 June 2014, Commission v Council, C‑377/12, EU:C:2014:1903, paragraph 34; of 14 June 2016, Parliament v Council, C‑263/14, EU:C:2016:435, paragraph 44; and of 4 September 2018, Commission v Council (Kazakhstan), C-244/17, ECLI:EU:C:2018:662, paragraph 40).

The EPCA fully respects the Treaties and preserve the integrity and the autonomy of the Union’s legal order. It promotes the values, objectives, and interests of the Union, and ensure the consistency, effectiveness and continuity of its policies and actions.

The Agreement, once implemented, will be usefully complemented by the Generalised System of Preferences (GSP+) mechanism, from which the Kyrgyz Republic has benefitted since 2017. This scheme offers additional tariff preferences in exchange for compliance with 27 core human rights, governance, environment and labour conventions.

The EPCA modernises the 1999 PCA, extending its scope into new areas of cooperation and significantly upgrading the regulatory framework for our trade and economic relations in line with the World Trade Organization (WTO) rules and regional economic agreements.

The EPCA builds on the ambitions and needs of the Kyrgyz Republic and the EU respectively to take forward their bilateral relationship, in the spirit of the Council conclusions on the EU Central Asia Strategy of 22 June 2017. The Agreement will contribute to the implementation of the new EU Strategy on Central Asia adopted on 15 May 2019.

As of its entry into force, the Agreement supersedes the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, signed on 9 February 1995.

The Agreement sets up an institutional framework composed of the Cooperation Council, Cooperation Committee and Parliamentary Cooperation Committee (see Title VII 'Institutional, general and final provisions'), an Intellectual Property Rights Sub-Committee, and allows for the establishment of sub-committees and other bodies to assist the Cooperation Council. It equally establishes a fulfilment of obligations mechanism to address failure by one of the Parties to fulfil obligations assumed under the Agreement.

The EPCA covers the EU’s standard clauses on human rights, International Criminal Court (ICC), Weapons of Mass Destructions (WMD), Small Arms and Light Weapons (SALW) and counter-terrorism. It also encompasses cooperation in areas such as health, environment, climate change, energy, tax, education and culture, labour, employment and social affairs, science and technology, and transport. The Agreement further addresses legal cooperation, rule of law, money laundering and terrorist financing, organised crime and corruption. The Trade part of the Agreement is expected to ensure a better regulatory environment for economic operators and will thus bring substantial economic benefits for EU businesses. The EPCA does not constitute an initiative within the remit of the Regulatory Fitness Programme (REFIT).

The Agreement constitutes an important step towards enhancing the EU’s political and economic engagement with Central Asia. It will provide the basis for more effective bilateral engagement between the EU and the Kyrgyz Republic by strengthening political dialogue and enhancing cooperation across a broad range of areas. The Agreement also demonstrates that the EU can develop a relationship with a member of the Eurasian Economic Union in a comprehensive way.

On 21 September 2017, the Council adopted a Decision authorising the opening of negotiations with the Kyrgyz Republic for an Enhanced Partnership and Cooperation Agreement. The negotiation of the Agreement commenced in December 2017. Following seven negotiating rounds, the European Union and the Kyrgyz Republic finalised their negotiation of the EPCA in June 2019. On 6 July 2019, the text of the EPCA was initialled.

Relations between the European Union (EU) and the Kyrgyz Republic are currently based on the Partnership and Cooperation Agreement (hereinafter referred to as the 'PCA') signed in Brussels on 9 February 1995, which entered into force on 1 July 1999.

The attached proposal constitutes the legal instrument for authorising the conclusion of the Enhanced Partnership and Cooperation Agreement between the European Union and the Kyrgyz Republic (hereinafter referred to as the 'EPCA' or the 'Agreement').

on the conclusion, on behalf of the European Union, of the Enhanced Partnership and Cooperation Agreement between the European Union, of the one part, and the Kyrgyz Republic, of the other part

EUROPEAN COMMISSION Brussels, 13.6.2022 COM(2022) 277 final ANNEX

to the Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Enhanced Partnership and Cooperation Agreement between the European Union, of the one part, and the Kyrgyz Republic, of the other part



DRAFT

ENHANCED PARTNERSHIP AND COOPERATION AGREEMENT

BETWEEN THE EUROPEAN UNION AND THE KYRGYZ REPUBLIC THE EUROPEAN UNION, of the one part, THE KYRGYZ REPUBLIC, of the other part, hereafter jointly referred to as "the Parties", CONSIDERING their strong ties and their common values, CONSIDERING their desire to strengthen the mutually beneficial cooperation established in the past through the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, signed in Brussels on 9 February 1995, CONSIDERING their wish to upgrade their relations to reflect new political and economic realities and the advancement of their partnership, EXPRESSING their common will to consolidate, deepen and diversify their cooperation at all levels on bilateral, regional and international issues of mutual interest,





REAFFIRMING their commitment to strengthen the promotion, protection and implementation of human rights and fundamental freedoms, and the respect for democratic principles, the rule of law and good governance, as well as the development of parliamentary democracy, CONFIRMING their commitment to the principles laid down in the Charter of the United Nations (hereinafter referred to as the "UN Charter"), the Universal Declaration of Human Rights adopted by the UN General Assembly resolution A/RES/217 (III) A on 10 December 1948 (hereinafter referred to as the "UDHR"), the Organization for Security and Co-operation in Europe (hereinafter referred to as the "OSCE"), in particular the Helsinki Final Act adopted on 1 August 1975 during the Conference on Security and Cooperation in Europe (hereinafter referred to as the "OSCE Helsinki Final Act"), the International Covenant on Civil and Political Rights adopted by the UN General Assembly resolution 2200A (XXI) on 16 December 1966, and the International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly resolution 2200A (XXI) on 16 December 1966, as well as principles and norms of international law, REITERATING their commitment to actively promote international peace and security and engage in effective multilateralism and the peaceful settlement of disputes, in particular by cooperating within the framework of the UN and the OSCE, CONSIDERING their desire to further develop regular political dialogue on bilateral and international issues of mutual interest, CONSIDERING their commitment to international obligations to fight against the proliferation of weapons of mass destruction and their means of delivery,



CONSIDERING their commitment to strengthen cooperation in the field of justice, freedom and security, including in the fight against corruption, CONSIDERING their commitment to contribute, through their wide-ranging cooperation in a broad spectrum of areas of common interest, to the political, socio-economic and institutional development of the Kyrgyz Republic, CONSIDERING their willingness to strengthen their economic relationship on the basis of the principles of a free-market economy and to create a climate conducive to expanding bilateral trade and investment relations and connectivity, CONSIDERING their commitment to comply with the rights and obligations arising from membership of the World Trade Organization (hereinafter referred to as the "WTO"), and their commitment to the transparent and non-discriminatory implementation of those rights and obligations, CONSIDERING their commitment to respect the principle of sustainable development and to work together in pursuit of the objectives of the outcome document entitled "Transforming our world: the 2030 Agenda for Sustainable Development" of the UN summit for the adoption of the post-2015 development agenda adopted by UN General Assembly resolution A/RES/70/1 on 25 September 2015 (hereinafter referred to as the "Agenda 2030"), with due regard to their internal programmes,





CONSIDERING their commitment to ensure environmental sustainability and protection, and the implementation of multilateral environmental agreements to which they are parties, as well as their commitment to strengthen cooperation in environment, disaster risk reduction and in all areas of climate action in line with the purposes of the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015 (hereinafter referred to as the "Paris Agreement on Climate Change"), CONSIDERING their commitment to promote cross-border and interregional cooperation, NOTING, that the special position of Ireland under 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 to the Treaty on the Functioning of the European Union, and the special position of Denmark under Protocol No 22 on the position of Denmark, annexed to those Treaties, will be reflected in this Agreement, where appropriate, HAVE AGREED AS FOLLOWS:

TITLE I OBJECTIVES AND GENERAL PRINCIPLES ARTICLE 1 Objectives 1. This Agreement establishes an enhanced partnership and cooperation between the Parties, based on shared values, common interests and the ambition to strengthen their relationship in all areas of its application, to their mutual benefit. 2. This cooperation is a process between the Parties that contributes to sustainable development, peace, stability and security, through increased convergence with regard to foreign and security policy, effective political and economic cooperation and multilateralism.





ARTICLE 2 General principles 1. Respect for democratic principles and human rights and fundamental freedoms, as laid down in particular in the UN Charter, the UDHR, the OSCE Helsinki Final Act and other relevant international human rights instruments to which they are party, and for the principle of the rule of law, underpins the internal and international policies of the Parties and constitutes an essential element of this Agreement. 2. The Parties reaffirm their respect for the principles of good governance, including the fight against corruption at all levels. 3. The Parties reiterate their commitment to the principles of a free-market economy, promoting sustainable development and the fight against climate change. 4. The Parties commit themselves to the fight against the different forms of transnational organised crime and terrorism, the fight against the proliferation of weapons of mass destruction (hereinafter referred to as "WMD") and their means of delivery and to effective multilateralism. 5. The Parties shall implement this Agreement on the basis of shared values, the principles of dialogue, mutual trust and respect, regional cooperation, effective multilateralism and respect for their international obligations arising from, in particular, their membership of the UN and the OSCE.



TITLE II POLITICAL DIALOGUE AND REFORM;

COOPERATION IN THE FIELD OF FOREIGN AND SECURITY POLICY

ARTICLE 3 Aims of political dialogue The Parties shall develop effective political dialogue in all areas of mutual interest, including foreign and security policy and internal reform. The aims of the political dialogue shall be: (a) to increase the effectiveness of political cooperation and convergence with regard to foreign and security policy and to promote, preserve and strengthen peace and regional and international stability and security based on effective multilateralism; (b) to strengthen democracy and political, sustainable socio-economic and institutional development in the Kyrgyz Republic; (c) to strengthen the respect for democratic principles, the rule of law and good governance, human rights, fundamental freedoms and the principle of non-discrimination, and to increase cooperation in these areas;



(d) to develop dialogue and deepen cooperation in the field of security and defence; (e) to promote the peaceful resolution of conflicts and the principles of territorial integrity, inviolability of borders, sovereignty and independence; (f) to improve the conditions for regional cooperation.

ARTICLE 4 Democracy and the rule of law The Parties shall enhance dialogue and cooperation with the aim of: (a) ensuring the application of democratic principles and the rule of law; (b) developing, consolidating and increasing the stability, effectiveness and accountability of democratic institutions; (c) pursuing judicial and legal reform and effective functioning of institutions in the areas of law enforcement and the administration of justice, so as to ensure equal access to justice and the right to a fair trial (including procedural rights of suspects, accused and victims), to secure the independence, accountability, quality and efficiency of the judiciary, the prosecution and law enforcement;



(d) promoting e-governance and pursuing public administration reform to build an accountable, efficient and transparent governance at national, regional and local levels; (e) strengthening electoral processes and capacities of electoral management bodies; (f) ensuring effectiveness in the fight against corruption at all levels.

ARTICLE 5 Human rights and fundamental freedoms The Parties shall cooperate in the promotion and protection of human rights and fundamental freedoms, and enhance dialogue and cooperation with the aim of: (a) ensuring the respect for human rights, the principle of non-discrimination and the rights of persons belonging to minorities and vulnerable groups; (b) ensuring the protection of fundamental freedoms, including freedom of expression, freedom of assembly and of association; freedom of the media and freedom of religion; (c) promoting economic, social and cultural rights; (d) promoting gender equality, promoting, protecting and fulfilling girls' and women's rights, including by ensuring their active participation in private and public spheres;



(e) strengthening national human-rights-related institutions, including through their participation in the decision making processes; (f) strengthening cooperation within the United Nations human rights bodies and Special Procedures of the Human Rights Council, including a proper follow-up of their recommendations in accordance with national legislation of the Parties. ARTICLE 6

Civil society The Parties shall cooperate to strengthen civil society and its role in economic, social and political development of an open democratic society, in particular by: (a) strengthening the capacity, independence and transparency of civil society organisations; (b) fostering civil society engagement in law- and policy-making processes by establishing an open, transparent and regular dialogue between public institutions, on the one hand, and representatives of civil society, on the other; (c) fostering strengthened contacts, exchange of information and experiences including through seminars and consultations between all sectors of civil society of the European Union and of the Kyrgyz Republic, including by implementing this Agreement.



ARTICLE 7 Foreign and security policy 1. The Parties reaffirm their commitment to the principles and norms of international law, including those enshrined in the UN Charter and the OSCE Helsinki Final Act, and their commitment to the promotion of those principles and norms in their bilateral and multilateral relations. 2. The Parties shall intensify their dialogue and cooperation in the area of foreign and security policy, including various aspects of security and defence policy, and shall address, in particular, issues of conflict prevention and crisis management, risk reduction, cybersecurity, efficient functioning of the security sector, regional stability, disarmament, non-proliferation, arms control and export control.

ARTICLE 8 Serious crimes of concern to the international community 1. The Parties reaffirm that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the domestic and international level.



2. The Parties consider that the establishment and effective functioning of the International Criminal Court constitutes an important development for international peace and justice. The Parties shall enhance cooperation in the promotion of peace and international justice. The parties shall promote universality of the Rome Statute of the International Criminal Court and will discuss the question of ratification and implementation, taking into account their legal and constitutional frameworks. 3. The Parties agree to closely cooperate to prevent genocide, crimes against humanity and war crimes by making use of appropriate bilateral and multilateral frameworks. ARTICLE 9 Conflict prevention and crisis management The Parties shall cooperate in conflict prevention and crisis management and work against conflicts in the region in order to create an environment of peace and stability.



ARTICLE 10

Regional cooperation and peaceful resolution of conflicts 1. The Parties shall intensify their joint efforts to improve conditions for further regional cooperation in key areas such as water, energy, environment and climate change, integrated management of water and hydro energy resources, border management that facilitates cross-border flow of persons and goods, and democratic and sustainable development, thereby contributing to good neighbourly relations, stability and security in Central Asia. The Parties shall work towards the peaceful resolution of conflicts. 2. The efforts referred to in paragraph 1 shall follow the objective of maintaining international peace and security, as enshrined in the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral instruments to which the Parties adhere.



ARTICLE 11 Countering proliferation of WMD 1. The Parties consider that the proliferation of 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 therefore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations. The Parties agree that this provision constitutes an essential element of this Agreement. 2. The Parties furthermore agree to cooperate and to contribute to countering the proliferation of WMD and their means of delivery by: (a) taking steps to sign, ratify, or accede to, as appropriate, and fully implement relevant international instruments; (b) the establishment of an effective system of national export controls, controlling the export as well as transit of WMD-related goods, including a WMD end-use control on dual-use technologies and containing effective sanctions for breaches of export controls.

3. The Parties agree to establish a regular political dialogue that will accompany and consolidate these elements.



ARTICLE 12 Small arms and light weapons and conventional arms export control 1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and light weapons (hereinafter referred to as "SALW"), including their ammunition, and their excessive accumulation, poor management, inadequately secured stockpiles and uncontrolled spread continue to pose a serious threat to peace and international security. 2. The Parties agree to observe and fully implement their respective obligations to deal with the illicit trade in SALW, including their ammunition, under existing international agreements and UN Security Council resolutions, as well as their commitments within the framework of other international instruments applicable in this area, such as the UN Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects adopted on 20 July 2001. 3. The Parties recognise the importance of domestic control systems for the transfer of conventional arms in line with existing international standards. The Parties recognise the importance of applying such controls in a responsible manner, as a contribution to international and regional peace, security and stability, and to the reduction of human suffering, as well as to the prevention of diversion of conventional weapons. 4. The Parties therefore undertake to cooperate and ensure coordination, complementarity and synergy in their efforts to regulate, or to improve the regulation of, international trade in conventional arms and to prevent, combat and eradicate the illicit trade in arms. They agree to establish a regular political dialogue that will accompany and consolidate this undertaking.



TITLE III JUSTICE, FREEDOM AND SECURITY

ARTICLE 13 Protection of personal data 1. The Parties recognise the importance of promoting and ensuring the fundamental rights to privacy and the protection of personal data, as a central factor of citizens' trust in the digital economy and a key element for further developing commercial exchanges and law enforcement cooperation. 2. The Parties shall cooperate to ensure the effective protection and enforcement of these rights, including in the context of the prevention and combat of terrorism and of other transnational crimes. Cooperation may include capacity-building, technical assistance and the exchange of information and expertise, and other forms.



3. The Parties shall cooperate in order to ensure a high level of protection of personal data, through the exchange of best practices and experience, taking into account European and international legal instruments and standards. As a way to facilitate cooperation, the Kyrgyz Republic will strive for accession to, and implementation of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data done on 28 January 1981 and its Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows done on 8 November 2001. ARTICLE 14 Cooperation on migration, asylum and border management 1. The Parties reaffirm the importance of establishing a comprehensive dialogue on all migration-related issues, including legal migration as appropriate, international protection and the fight against illegal migration, fighting people smuggling and trafficking in human beings. 2. Cooperation shall be based on a specific needs-assessment conducted through mutual consultation between the Parties and shall be implemented in accordance with their relevant legislation in force. It shall, in particular, focus on:

(a) addressing the root causes of migration;



(b) the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Convention Relating to the Status of Refugees adopted on 28 July 1951, and the Protocol Relating to the Status of Refugees done on 31 January 1967; (c) recalling the New York Declaration for Refugees and Migrants adopted by the UN General Assembly resolution A/RES/71/1 on 19 September 2016; (d) the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training and measures against racism and xenophobia; (e) the establishment of an effective and preventive policy against illegal migration, the smuggling of migrants and trafficking in human beings, including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking in the framework of relevant international instruments; (f) issues such as organisation, training, best practices and other operational measures in the areas of migration management, in particular illegal migration, document security, visa policy, and border-management and migration-information systems.



ARTICLE 15 Readmission and the fight against illegal migration 1. In the framework of their cooperation to prevent and tackle illegal migration, the Parties agree that: (a) the Kyrgyz Republic shall readmit any of its nationals who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of a Member State of the European Union, upon request by the latter and without further formalities;

(b) each Member State of the European Union shall readmit any of its nationals who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the Kyrgyz Republic, upon request by the latter and without further formalities;



(c) the Member States of the European Union and the Kyrgyz Republic shall provide their nationals with appropriate travel documents for such purposes or accept the use of the European travel document established in accordance with Regulation (EU) 2016/1953 of the European Parliament and of the Council for return purposes. When the person to be readmitted does not possess any documents or other proofs of his or her nationality, the competent diplomatic and consular representations of the Member State concerned or the Kyrgyz Republic shall, upon request by the Kyrgyz Republic or the Member State concerned, provide full cooperation in order to establish his or her nationality. 2. The Parties agree to conclude, upon request, an agreement between the European Union and the Kyrgyz Republic regulating the specific obligations for Member States of the European Union and the Kyrgyz Republic on readmission, including detailed provisions for the readmission of nationals of other countries and stateless persons. The Parties may consider as well, if conditions allow, a possible negotiation of an agreement between the European Union and the Kyrgyz Republic on visa facilitation for citizens of the European Union and of the Kyrgyz Republic.



ARTICLE 16 Anti-money laundering and combating the financing of terrorism 1. The Parties shall cooperate with a view to preventing and effectively combating the use of their financial institutions and designated non-financial businesses and professions from laundering the proceeds of criminal activities and financing terrorism. 2. To that end, they shall exchange information within the framework of their respective legislation and cooperate to ensure the effective and full implementation of the Financial Action Task Force (FATF) recommendations and other standards adopted by relevant international bodies active in this area. Such cooperation may include, inter alia, identification, tracing, seizure, confiscation and recovery of assets or funds derived from the proceeds of crime. ARTICLE 17 Illicit drugs

1. The Parties shall cooperate to ensure a balanced, evidence-based and integrated approach towards illicit drugs as well as new psychoactive substances.



2. Drug-related policies and actions shall be aimed at reinforcing structures to prevent and address illicit drugs, reduce the supply of, trafficking in, and demand for illicit drugs, and cope with the health and social consequences of the use of illicit drugs with a view to reducing harm. The Parties shall cooperate to prevent the diversion of chemical precursors used for the illicit manufacture of narcotic drugs and psychotropic and new psychoactive substances. 3. The Parties shall agree on the necessary methods of cooperation to attain the objectives referred to in paragraph 1. Actions shall be based on commonly agreed principles set out in the relevant UN drug control conventions, and on the recommendations set out in the outcome document entitled "Our joint commitment to effectively addressing and countering the world drug problem" adopted by the UN General Assembly resolution A/RES/S-30/1 on 19 April 2016, as the most recent international consensus on the international drug policy, in order to take stock of the implementation of the commitments made to jointly address and counter the world drug problem. ARTICLE 18 Fight against organised crime and corruption 1. The Parties shall cooperate in combating and preventing criminal and illegal activities, including transnational activities, organised or otherwise, such as: (a) smuggling of migrants and trafficking in human beings;



(b) smuggling and trafficking in firearms including SALW; (c) smuggling and trafficking illicit drugs;

(d) smuggling and trafficking in goods; (e) illegal economic and financial activities such as counterfeiting, fiscal fraud and public‑procurement fraud; (f) embezzlement in projects funded by international donors; (g) active and passive corruption, in both the private and public sector; (h) forging documents and submitting false statements; (i) cybercrime. 2. The Parties shall enhance bilateral, regional and international cooperation among law-enforcement bodies, including training and experience sharing. The Parties shall implement effectively the relevant international standards, in particular those enshrined in the United Nations Convention against Transnational Organised Crime adopted by the UN General Assembly resolution A/RES/55/25 on 8 January 2001 and the Protocols thereto.



3. The Parties shall cooperate in preventing and fighting corruption in line with relevant international standards, in particular those enshrined in the United Nations Convention against Corruption adopted by the UN General Assembly resolution A/RES/58/4 on 31 October 2003 and the recommendations arising from assessments against this convention. ARTICLE 19 Counter-terrorism

1. The Parties reaffirm the importance of the fight against and the prevention of terrorism, and agree to work together at bilateral, regional and international level to prevent and combat terrorism in all its forms and manifestations. 2. The Parties agree that it is essential that the fight against terrorism be conducted with full respect for the rule of law and in full conformity with international law, including international human rights law, international refugee law and international humanitarian law, the principles of the UN Charter, and all relevant international counter-terrorism-related instruments. 3. The Parties stress the importance of the universal ratification and implementation of all UN counter-terrorism-related conventions and protocols. The Parties agree to promote dialogue on the draft comprehensive convention on international terrorism and to cooperate in the implementation of the United Nations Global Counter-Terrorism Strategy adopted by the UN General Assembly resolution A/RES/60/288 on 8 September 2006, as well as all relevant UN Security Council resolutions.



4. The Parties reaffirm the importance of a law-enforcement and judicial approach to the fight against terrorism, and agree to cooperate in the prevention and suppression of terrorism, in particular by: (a) exchanging information on terrorist groups and individuals and their support networks, in accordance with international and national law, in particular as regards data protection and the protection of privacy; (b) exchanging experience with regard to the prevention and suppression of terrorism, means and methods and their technical aspects, as well as training, in accordance with applicable law; (c) exchanging views on radicalisation and recruitment, and ways to counter radicalisation, and promote deradicalisation and rehabilitation; (d) exchanging views and experience concerning cross-border movement and travel of terrorist suspects as well as terrorist threats; (e) sharing best practices as regards the protection of human rights in the fight against terrorism, in particular in relation to criminal proceedings; (f) ensuring the criminalisation of terrorist offences and taking measures to counter the financing of terrorism;





(g) taking measures against the threat of chemical, biological, radiological and nuclear terrorism, and undertaking necessary measures to prevent the acquisition, transfer and use for terrorist purposes of chemical, biological, radiological and nuclear materials as well as to prevent illegal acts against high-risk chemical, biological, radiological and nuclear facilities. 5. Cooperation shall be based on relevant available assessments and conducted through mutual consultation between the Parties. ARTICLE 20 Judicial and legal cooperation 1. The Parties shall enhance existing cooperation on mutual legal assistance and extradition based on relevant international agreements. The Parties shall strengthen existing mechanisms and, as appropriate, consider the development of new mechanisms to facilitate international cooperation in this area. Such cooperation shall include, as appropriate, accession to, and implementation of, the relevant international instruments, and closer cooperation with Eurojust. 2. The Parties shall develop judicial and legal cooperation in civil and commercial matters, in particular, as regards the negotiation, ratification and implementation of multilateral conventions on civil judicial cooperation, including the Conventions of The Hague Conference on Private International Law.



ARTICLE 21 Consular protection The diplomatic and consular authorities of any represented Member State of the European Union shall provide protection to any national of a Member State of the European Union which does not have a permanent representation in the Kyrgyz Republic in a position to effectively provide consular protection in a given case, on the same conditions as to nationals of that Member State.

With a view to establishing a coordinated procedure allowing nationals of the Kyrgyz Republic to receive consular protection in Member States of the European Union in which the Kyrgyz Republic does not have a permanent representation in a position to effectively provide consular protection in a given case, the requirement for consular posts of the Kyrgyz Republic established in a Member State of the European Union to give notification under Article 7 of the Vienna Convention on Consular Relations adopted on 24 April 1963 is waived.



Title IV TRADE AND TRADE RELATED MATTERS CHAPTER 1 HORIZONTAL PROVISIONS ARTICLE 22 Objectives The objectives of this Title are:

(a) the expansion, diversification and facilitation of trade between the Parties in particular through provisions regarding customs and trade facilitation, technical barriers to trade as well as sanitary and phytosanitary measures, while preserving the right of each Party to legislate in order to achieve public policy objectives; (b) the facilitation of trade in services and investment between the Parties including through the free transfer of current payments and capital movements;



(c) the effective and reciprocal opening of government procurement markets of the Parties; (d) the promotion of innovation and creativity by ensuring an adequate and effective protection of all intellectual property rights; (e) the promotion of conditions fostering undistorted competition in the economic activities of the Parties in particular with regard to trade and investment between them; (f) the development of international trade in a manner that contributes to sustainable development in its economic, social and environmental dimensions; (g) the establishment of an effective, fair and predictable dispute settlement mechanism to solve disputes on the interpretation and application of this Title. ARTICLE 23 Definitions For the purposes of this Title:

(a) "Agreement on Agriculture" means the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement;



(b) "Agreement on Import Licensing Procedures" means the Agreement on Import Licensing Procedures, contained in Annex 1A to the WTO Agreement; (c) "Anti-Dumping Agreement" means the Agreement on Implementation of Article VI of GATT 1994, contained in Annex 1A to the WTO Agreement; (d) "days" means calendar days, including weekends and holidays; (e) "Energy Charter Treaty" means the Energy Charter Treaty, done at Lisbon on 17 December 1994; (f) "existing" means in effect on the date of entry into force of this Agreement; (g) "GATT 1994" means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement; (h) "GATS" means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement; (i) "measure" includes any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or in any other forms;



(j) "measures of a Party" means any measures adopted or maintained by:

(i) central, regional or local governments or authorities; and (ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; (k) "person" means a natural person or a legal person; (l) "Revised Kyoto Convention" means the International Convention on the Simplification and Harmonisation of Customs Procedures, done at Kyoto on 18 May 1973, as amended; (m) "Safeguards Agreement" means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement; (n) "SCM Agreement" means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement; (o) "SPS Agreement" means the Agreement on the Application of Sanitary and Phytosanitary Measures, contained in Annex 1A to the WTO Agreement; (p) "TBT Agreement" means the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement;



(q) "third country" means a country or territory outside the geographic scope of application of this Agreement; (r) "Trade Facilitation Agreement" means the Agreement on Trade Facilitation, contained in Annex 1A of the WTO Agreement;

(s) "TRIPS Agreement" means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; (t) "Vienna Convention on the Law of Treaties" means the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969; (u) "World Customs Organization's Arusha Declaration" means the Declaration of the Customs Co-operation Council Concerning integrity in Customs done at Arusha, Tanzania, on 7 July 1993; (v) "WTO" means the World Trade Organization; (w) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, done on 15 April 1994.



ARTICLE 24 Relation to other international agreements 1. The Parties affirm their rights and obligations with respect to each other under the WTO Agreement and any other agreements to which they are both party. 2. Nothing in this Agreement shall be construed as requiring either Party to act in a manner inconsistent with its obligations under the WTO Agreement.

ARTICLE 25 References to laws and regulations and other agreements 1. Any reference in this Title to laws and regulations, either generally or by reference to a specific statute, regulation or directive, shall be construed as a reference to the law and regulations as amended, unless otherwise indicated. 2. Any reference, or incorporation by means of a reference, in this Title to other agreements or legal instruments in whole or in part, shall be construed, unless otherwise indicated, as including: (a) related annexes, protocols, footnotes, interpretative notes and explanatory notes; and



(b) successor agreements to which the Parties are party or amendments that are binding on the Parties, except where the reference affirms existing rights. ARTICLE 26 Right of action under domestic law A Party shall not provide for a right of action under its law against the other Party on the grounds that a measure of the other Party is inconsistent with this Agreement.

ARTICLE 27 Specific tasks of the Cooperation Council acting in its trade configuration 1. When the Cooperation Council performs any of the tasks conferred upon it relating to this Title, it shall be composed of representatives of the Parties with responsibility of trade-related matters, in accordance with the Parties' respective legal frameworks, or by their designees.



2. The Cooperation Council acting in its trade configuration: (a) shall have the power to adopt decisions in order to update or amend the following on the basis of mutual consent with due respect to completion of the Parties' respective internal procedures as provided for in their legislation: (i) Annex 2; (ii) Annexes 8-A, 8-B and 8-C; (iii) Annex 9; (iv) Annexes 14-A and 14-B; (v) Protocol I.

Such updates and amendments shall be confirmed by, and enter into force upon, exchange of diplomatic notes between the Parties, unless otherwise agreed by the Parties. (b) may adopt decisions to issue interpretations of the provisions of this Title; (c) may adopt decisions to establish additional subcommittees from those established in this Title, composed of representatives of the Parties, and assign them responsibilities within its competence; it may also decide to modify the functions that are assigned to the Sub‑Committees it establishes, as well as to dissolve them.



3. The Cooperation Council acting in its trade configuration shall take decisions and make appropriate recommendations following the completion of the Parties' respective internal procedures, as provided for in their legislation. 4. When meetings of the Cooperation Council are not available, the decisions referred to in paragraph 2 may be taken by written procedure. ARTICLE 28 Specific tasks of the Cooperation Committee acting in its trade configuration 1. When the Cooperation Committee performs any of the tasks conferred upon it in this Title, it shall be composed of representatives of the Parties with responsibility for trade-related matters, or their designees. 2. The Cooperation Committee acting in its trade configuration shall have, in particular, the following tasks:

(a) assist the Cooperation Council in the performance of its tasks regarding trade-related matters; (b) be responsible for the proper implementation and application of this Title; in this respect, and without prejudice to the rights established in Chapter 14, either Party may refer for discussion within the Cooperation Committee any issue relating to the application or interpretation of this Title;



(c) oversee the further elaboration of this Title as necessary and evaluate the results obtained from its application; (d) seek appropriate ways of preventing and solving problems which might otherwise arise in areas covered by this Title; and (e) supervise the work of all subcommittees established under this Title. 3. In the performance of its tasks under paragraph 2 of this Article, the Cooperation Committee may submit proposals on the necessity to adopt the decisions to make updates or amendments as referred to in point (a) of Article 27(2) or to issue interpretations as referred to in point (b) of Article 27(2) when meetings of the Cooperation Council are not available. 4. The Cooperation Committee, acting in its trade configuration shall take decisions and make appropriate recommendations following the completion of the Parties' respective internal procedures, as provided in their legislation. ARTICLE 29 Coordinators 1. The European Union and the Kyrgyz Republic shall appoint a coordinator for this Title, within 60 days after the entry into force of this Agreement, and notify each other of the contact details.





2. The coordinators shall jointly establish the agenda and conduct all other necessary preparations for the meetings of the Cooperation Council and the Cooperation Committee in accordance with this Chapter, and shall follow up on the decisions of such bodies, as appropriate. ARTICLE 30 Sub-Committees 1. The Sub-Committees shall be composed of representatives of the European Union, on the one part, and of representatives of the Kyrgyz Republic, on the other part. 2. The Sub-Committees shall meet within a year of the date of entry into force of this Agreement and, thereafter, once per year or at the request of either Party or of the Cooperation Committee, at an appropriate level. When in person, meetings shall be held alternately in Brussels or Bishkek. Meetings may also be held by any technological means available to the Parties. 3. The Sub-Committees shall be co-chaired by representatives of the Parties.



CHAPTER 2 TRADE IN GOODS

Article 31 Scope Except as otherwise provided in this Agreement, this Chapter applies to trade in goods of a Party. Article 32 Definitions For the purposes of this Chapter: (a) "consular transactions" means the procedure of obtaining from a consul of the importing Party in the territory of the exporting Party, or in the territory of a third party, a consular invoice or a consular visa for a commercial invoice, certificate of origin, manifest, shipper's export declaration or any other customs documentation in connection with the importation of a good;



(b) "customs duty" means any duty or charge of any kind imposed on or in connection with the importation of a good; it does not include any: (i) charge equivalent to an internal tax imposed in accordance with Article 34; (ii) anti-dumping, special safeguard, countervailing or safeguard duty applied in accordance with GATT 1994, the Anti-dumping Agreement, the Agreement on Agriculture, the SCM Agreement and the Safeguards Agreement, as appropriate;

(iii) fee or other charge imposed on or in connection with the importation of a good that is limited in amount to the approximate cost of the services rendered; (c) "export Licensing Procedure" means an administrative procedure requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body or bodies as a prior condition for exportation from the territory of the exporting Party; (d) "good of a Party" means a domestic good as this is understood in GATT 1994; (e) "Harmonised System" or "HS" means the Harmonized Commodity Description and Coding System, including all legal notes and amendments thereto developed by the World Customs Organization;



(f) "import licensing procedure" means an administrative procedure requiring the submission of an application or other documentation (other than that generally required for customs clearance purposes) to the relevant administrative body or bodies as a prior condition for importation into the territory of the importing Party; (g) "remanufactured good" means a good classified in the Harmonised System's Chapters 84, 85, 87, 90 or Heading 9402 that: (i) is entirely or partially comprised of parts obtained from goods that have been used beforehand; (ii) has similar performance and working conditions compared to the equivalent good in new condition; and (iii) is given the same warranty as the equivalent good in new condition.

Article 33 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 GATT 1994, including its Notes and Supplementary Provisions, 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 a third country in accordance with the WTO Agreement. Article 34 National treatment Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including its Notes and Supplementary Provisions. To this end, Article III of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis. Article 35 Import and export restrictions

Neither Party shall adopt 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, except in accordance with Article XI of GATT 1994, including its Notes and Supplementary Provisions. To that end, Article XI of GATT 1994 and its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis.



Article 36 Export duties, taxes or other charges 1. Neither Party shall introduce or maintain any duty, tax or other charge of any kind imposed on, or in connection with, the exportation of a good to the other Party or any other measures having an equivalent effect other than for goods in accordance with the Schedule set out in Annex 2. This provision does not apply to goods in transit across the territory of a Party within the meaning of Article V of GATT 1994, or to goods which, in accordance with an international agreement between the Kyrgyz Republic and a third party, have been imported into the Kyrgyz Republic without the imposition of export duties which could otherwise have been imposed by that third party on export to the European Union in accordance, where relevant, with that third party's Schedule of concessions annexed to GATT 1994 or any bilateral commitments with the European Union. 2. Nothing in this Article shall prevent a Party from imposing on the exportation of a good to the other Party a fee or charge that is permitted under Article 38. Article 37 Dual-use export controls The Parties shall exchange information and good practices on dual-use export controls with a view to promoting the convergence of the European Union and of the Kyrgyz Republic export controls.



Article 38

Fees and formalities 1. Article VIII of GATT 1994 and its interpretative notes as well as any exception and exemption to the obligations, and waivers thereof, set out in Article VIII of GATT 1994 applicable under the WTO Agreement are incorporated into and made part of this Agreement, mutatis mutandis. 2. Each Party shall promptly publish all fees and charges it imposes in connection with importation or exportation in such a manner as to enable governments, traders and other interested parties, to become acquainted with them. 3. Each Party shall periodically review the fees and charges it imposes with a view to reducing their number and diversity, where practicable. 4. Neither Party shall require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.



Article 39 Remanufactured goods 1. A Party shall endeavour to accord to remanufactured goods of the other Party a treatment that is not less favourable than that it accords to equivalent goods in new condition. 2. If a Party adopts or maintains import and export prohibitions or restrictions to used goods, it shall endeavour not to apply those measures to remanufactured goods.

3. A Party may require that remanufactured goods be identified as such for distribution or sale in its territory and that they meet all applicable technical requirements that apply to equivalent goods in new condition. Article 40 Temporary admission of goods A Party shall grant the other Party exemption from import charges and duties on goods admitted temporarily, in the instances and in accordance with the procedures stipulated by any international convention on the temporary admission of goods binding upon it. That exemption shall be applied pursuant to the legislation of each Party.



Article 41 Transit Article V of GATT 1994 is incorporated into and made part of this Agreement. The Parties shall take all necessary measures to facilitate the transit of energy goods, in accordance with the principle of freedom of transit, and with Article 7(1) and (3) of the Energy Charter Treaty. Article 42 Import and export monopolies

Neither Party shall designate or maintain a designated import or export monopoly. For the purposes of this Article, import or export monopoly means the exclusive right or grant of authority by a Party to an entity to import a good from, or export a good to, the other Party.



Article 43 Origin marking 1. Where the Kyrgyz Republic requires a mark of origin on the importation of goods of the European Union, it shall accept the "Made in EU" origin marking or the equivalent in a language in accordance with the Kyrgyz Republic origin marking requirements under conditions that are no less favourable than those applied to marks of origin of Member States of the European Union. 2. For the purposes of the origin mark "Made in EU", the Kyrgyz Republic shall treat the European Union as a single territory. Article 44 Import licensing procedures Each Party shall adopt and administer any import licensing procedures in accordance with Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures. To that end, Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures are incorporated into and made part of this Agreement, mutatis mutandis.





Article 45 Export licensing procedures 1. Each Party, in accordance with its competencies, shall ensure transparency with regard to export licensing procedures and publish any new export licensing procedure, or any modification to an existing export licensing procedure in such a manner as to enable governments, traders and other interested parties to become acquainted with them. Such publication shall take place, whenever practicable, no later than 30 days before any new export licencing procedure or any modification of any existing export licencing procedure takes effect, and in any event no later than the date when such procedure or modification takes effect. 2. The publication of export licensing procedures shall include the following information: (a) the texts of the export licensing procedures or any modifications made thereto; (b) the goods subject to each export licensing procedure;



(c) for each procedure, a description of the process for applying for an export license and any criteria an applicant has to fulfil to be eligible to apply for an export license, such as possessing an activity license, establishing or maintaining an investment, or operating through a particular form of establishment in a Party's territory; (d) a contact point or points from which interested persons can obtain further information on the conditions for obtaining an export license; (e) the administrative body or bodies to which an application or other relevant documentation is to be submitted; (f) a description of any measure or measures that the export licensing procedure is designed to implement;

(g) the period during which each export licensing procedure will be in effect, unless the procedure will remain in effect until it is withdrawn or revised in a new publication; (h) if the Party intends to use an export licensing procedure to administer an export quota, the overall quantity and, if applicable, the value of the quota and the opening and closing dates of the quota; and (i) any exemptions from or exceptions to the requirement to obtain an export license, how to request or use those exemptions or exceptions, and the criteria for granting them.



3. Within 45 days after the date of entry into force of this Agreement, each Party shall notify the other Party of its existing export licensing procedures. A Party that adopts a new export licensing procedure, or modifies any existing export licensing procedure, shall notify to the other Party the procedure or modification within 60 days of publication. The notification shall include the reference to the source(s) where the information required pursuant to paragraph 2 is published and include, where appropriate, the address of the relevant official website. ARTICLE 46 Trade remedies The Parties affirm their rights and obligations under: (a) Article XIX of GATT 1994; (b) the Safeguards Agreement; (c) Article 5 of the Agreement on Agriculture;

(d) Article VI of GATT 1994; (e) the Anti-Dumping Agreement; and (f) the SCM Agreement.



ARTICLE 47 Transparency of trade defence instruments 1. Parties agree that trade defence instruments (anti-dumping, anti-subsidy and global safeguards) should be used in full compliance with the relevant WTO requirements and on the basis of a fair and transparent system. 2. Before a final determination on anti-dumping or countervailing measures 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 Anti-Dumping Agreement and Article 12.4 of the SCM Agreement. Disclosures shall allow interested parties sufficient time to make their comments. 3. Each interested party shall be given an opportunity to express its views during anti-dumping and anti-subsidy investigations, provided that this does not unnecessarily delay the conduct of the investigations. 4. This Article shall not be subject to Chapter 14 of this Title.





CHAPTER 3 CUSTOMS Article 48 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 consumer safety, prevent the flows of goods infringing intellectual property rights and fight smuggling and fraud. 2. In order to implement the objectives referred to in paragraph 1 and within the limits of available resources, the Parties shall cooperate with a view to, inter alia: (a) improving customs legislation and harmonising and simplifying customs procedures, in accordance with international conventions and standards applicable in the field of customs and trade facilitation, including those developed by the WTO (including the Trade Facilitation Agreement) and the World Customs Organization (in particular the Revised Kyoto Convention), and taking into account the instruments and best practices developed by the European Union, including customs blueprints;



(b) establishing 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 audit; transparent customs valuation and provisions for customs-to-business partnerships; (c) ensuring the facilitation and effective control of transhipment operations and transit movements through their respective territories; ensuring cooperation and coordination between all concerned authorities and agencies in their respective territories to facilitate traffic in transit; and pursuing, where relevant and appropriate, opportunities to make compatible the respective customs transit systems;

(d) encouraging the highest standards of professional ethics, in particular at the border, through the application of measures reflecting the principles of the World Customs Organization's Arusha Declaration; (e) exchanging best practices and providing technical support for planning and for ensuring the highest standards of professional ethics; (f) exchanging, where appropriate, relevant information and data while respecting each other's rules on the confidentiality of sensitive data and on the protection of personal data; (g) engaging, where relevant and appropriate, in coordinated customs actions between their customs authorities.



Article 49 Mutual administrative assistance Without prejudice to other forms of cooperation envisaged in this Agreement, in particular in Article 48, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with Protocol I. Article 50 Customs valuation

1. Articles 1-17 of the Agreement on Implementation of Article VII of GATT 1994, contained in Annex 1A to the WTO Agreement, shall govern the customs valuation of goods in the trade between the Parties. These provisions are hereby incorporated into and made part of this Agreement, mutatis mutandis. 2. The Parties shall cooperate with a view to reaching a common approach to issues relating to customs valuation.



CHAPTER 4 TECHNICAL BARRIERS TO TRADE Article 51 Objective The objective of this Chapter is to facilitate trade in goods between the Parties by preventing, identifying and eliminating unnecessary technical barriers to trade. Article 52 Scope

1. This Chapter applies to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures defined in the TBT Agreement which may affect trade in goods between the Parties.



2. Notwithstanding paragraph 1, this Chapter does not apply to: (a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or (b) sanitary and phytosanitary measures, as defined in Annex A to the SPS Agreement, which are covered by Chapter 5 of this Agreement. Article 53 Relationship with the TBT Agreement The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, which is hereby incorporated into and made part of this Agreement, mutatis mutandis. Article 54 Technical regulations

1. Each Party shall carry out, in accordance with the rules and procedures applicable to that Party, a regulatory impact assessment of planned technical regulations taking into account the available regulatory and non-regulatory alternatives to the proposed technical regulation that may fulfil the Party's legitimate objectives in accordance with Article 2.2 of the TBT Agreement.



2. Each Party shall use relevant international standards as a basis for its technical regulations unless it can demonstrate that such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued. 3. If a Party has not used international standards as a basis for its technical regulations, it shall, on the request of the other Party, take measures to ensure that any substantial deviation from the relevant international standard is identified and explain the reasons why such standards were considered to be inappropriate or ineffective for the aim pursued. 4. Each Party shall review its technical regulations to increase their convergence with relevant international standards, taking into account, inter alia, any new development in the relevant international standards or any change in the circumstances that have given rise to divergences from any relevant international standard. 5. When developing major technical regulations which may have a significant effect on trade, each Party shall take measures to ensure, in accordance with its respective rules and procedures, that procedures exist that allow persons to provide input through a public discussion, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise, and that the results of such discussions are made public.



Article 55 Standards 1. With a view to harmonising standards on as wide a basis as possible, each Party shall encourage the standardising bodies established within its territory and the regional standardising bodies of which it or the standardising bodies established in its territory are members to: (a) participate, within the limits of their resources, in the preparation of international standards by relevant international standardising bodies;

(b) use relevant international standards as a basis for the standards they develop, except where such international standards would be ineffective or inappropriate, for instance because of an insufficient level of protection or fundamental climatic or geographical factors or fundamental technological problems; (c) avoid duplication of, or overlap with, the work of international standardising bodies; (d) review, at regular intervals, national and regional standards not based on relevant international standards, with a view to increasing their convergence with such international standards;



(e) cooperate with the relevant standardising bodies of the other Party in international standardisation activities; that cooperation may be undertaken in the international standardising bodies or at regional level; and (f) foster bilateral cooperation between them and the standardising bodies of the other Party. 2. The Parties should exchange information on their respective standardisation processes, and the extent of use of international, regional or sub-regional standards as a basis for their national standards. 3. If requirements of standards are rendered mandatory in a draft technical regulation or conformity assessment procedure, the transparency obligations set out in Article 58 of this Agreement and in Article 2 or 5 of the TBT Agreement shall be fulfilled. 4. International standards adopted by the International Organization for Standardization, the International Electrotechnical Commission, the International Telecommunication Union, the Codex Alimentarius Commission established by the Food and Agriculture Organization shall be considered to be the relevant international standards within the meaning of Articles 2 and 5 of the TBT Agreement and of Annex 3 thereto, not precluding the use of other international standards.



5. A standard developed by other international organisations could also be considered to be relevant international standard within the meaning of Articles 2 and 5 of the TBT Agreement and of Annex 3 thereto, provided that it has been developed: (a) by a standardisation body which seeks to establish consensus either among:

(i) national delegations of the participating WTO Members representing all the national standardisation bodies in their territory that have adopted, or expect to adopt, standards for the subject matter to which the international standardisation activity relates, or (ii) governmental bodies of participating WTO Member; and (b) in accordance with the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2 and 5 of the TBT Agreement and of Annex 3 thereto. Article 56 Conformity assessment 1. The provisions set out in Article 52 with respect to the preparation, adoption and application of technical regulations shall apply to conformity assessment procedures mutatis mutandis.



2. If a Party requires conformity assessment as a positive assurance that a product conforms with a technical regulation, it shall select conformity assessment procedures proportionate to the risks involved as determined on the basis of risk assessment, including, where appropriate, the use of the supplier's declaration of conformity. 3. If a Party requires third-party conformity assessment as a positive assurance that a product conforms with a technical regulation, and it has not reserved this task to a government authority as specified in paragraph 4, it shall: (a) preferentially use accreditation to qualify conformity assessment bodies; (b) make best use of international standards for accreditation and conformity assessment, as well as international agreements involving the Parties' accreditation bodies, for example through the mechanisms of the International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum (IAF);

(c) consider joining or encourage its conformity assessment bodies to join, as applicable, any functioning international agreements or arrangements for harmonisation or facilitation of acceptance of conformity assessment results; (d) ensure that economic operators have a choice amongst the conformity assessment bodies accepted by the authorities of a Party for a particular product;



(e) ensure that conformity assessment bodies are independent of manufacturers, importers and economic operators in general and that there are no conflicts of interest between accreditation bodies and conformity assessment bodies; (f) allow conformity assessment bodies to use subcontractors to perform testing or inspections in relation to the conformity assessment; and (g) publish on a single website a list of the bodies that it has designated to perform such conformity assessment and relevant information on the scope of designation of each of those bodies. 4. Nothing in point (f) of paragraph 3 shall be construed to prohibit a Party from requiring subcontractors to meet the same requirements that the conformity assessment body to which it is contracted would be required to meet in order to perform the contracted tests or inspection itself. 5. Nothing in this Article shall preclude a Party from requiring that conformity assessment in relation to specific products be performed by specified government authorities. In such cases, the Party shall: (a) limit the conformity assessment fees to the approximate cost of the services rendered and, on the request of an applicant for conformity assessment, explain how any fees it imposes for such conformity assessment are limited to the approximate cost of services rendered; and



(b) make publicly available the conformity assessment fees. 6. Three years after the entry into force of this Agreement, the Parties shall start discussions on the acceptance of a supplier's declaration of conformity as proof of compliance with existing technical regulations, in particular in the following fields:

(a) safety aspects of electrical and electronic equipment; (b) safety aspects of machinery; (c) electromagnetic compatibility of equipment; (d) energy efficiency, including eco-design requirements; and (e) restriction of the use of certain hazardous substances in electrical and electronic equipment.



Article 57 Cooperation in the field of technical barriers to trade 1. The Parties shall strengthen their cooperation with regard to standards, technical regulations, metrology, market surveillance, accreditation and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. To that end, the Parties shall seek to identify and develop cooperation mechanisms and initiatives appropriate for the particular issues or sectors, including: (a) exchanging information and experiences on the preparation and application of their respective technical regulations and conformity assessment procedures;

(b) encouraging cooperation between their respective bodies responsible for metrology, standardisation, conformity assessment and accreditation; and (c) exchanging information on developments in relevant regional and multilateral fora related to standards, technical regulations, conformity assessment procedures and accreditation. 2. In order to promote trade between them, the Parties shall: (a) seek to reduce the differences which exist between them with regard to technical regulations, metrology, standardisation, market surveillance, accreditation and conformity assessment procedures, including by encouraging the use of relevant internationally agreed instruments;



(b) promote, in accordance with international rules, the use of accreditation in support of the assessment of the technical competence of conformity assessment bodies and their activities; and (c) promote the participation and, where possible, the membership of the Kyrgyz Republic and its relevant national bodies in the European and international organisations whose activity relates to standards, conformity assessment, accreditation, metrology and related functions. Article 58 Transparency 1. Upon transmitting a proposed technical regulation or conformity assessment procedure to the WTO Central Registry of Notifications a Party shall allow for a period of at least 60 days for the other Party to provide written comments, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. A Party shall give consideration to a reasonable request to extend the period for comments. 2. If a Party receives written comments on its proposed technical regulation or conformity assessment procedure from the other Party, it shall:

(a) if requested by the other Party, discuss the written comments with the participation of its own competent regulatory authority, at a time when they can be taken into account; and



(b) reply to comments in writing no later than the date of publication of the technical regulation or conformity assessment procedure. 3. Each Party shall publish on a website its responses to comments it receives following the notification referred to in paragraph 1 no later than on the date of publication of the adopted technical regulation or conformity assessment procedure. 4. Each Party shall, if requested by the other Party, provide information regarding the objectives of, and legal basis and rationale for, a technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt. 5. Each Party shall ensure that the technical regulations and conformity assessment procedures it has adopted are published on a website free of charge. 6. Each Party shall provide information on the adoption and the entry into force of the technical regulation and conformity assessment procedure and the adopted final text through an addendum to the original notification to the WTO. 7. There shall be a reasonable interval between the publication of technical regulations and their entry into force in order to allow economic operators of the other Party to adapt. The phrase "reasonable interval" shall be understood to mean a period of not less than six months, except in cases where this would be an ineffective means for the fulfilment of the legitimate objectives pursued.



8. A Party shall give positive consideration to a reasonable request from the other Party, received prior to the end of the comment period following the transmission of a proposed technical regulation to the WTO as referred to in paragraph 1, to extend the period of time between the adoption of the technical regulation and its entry into force, except in cases where the delay would be an ineffective means for the fulfilment of the legitimate objectives pursued. Article 59

Marking and labelling 1. The Parties agree that a technical regulation may include or exclusively address marking or labelling requirements. In such cases, the Parties shall apply the principles of Article 2.2 of the TBT Agreement. 2. If a Party requires mandatory marking or labelling of products: (a) it shall only require information which is relevant for consumers or users of the product or to indicate the product's conformity with the mandatory technical requirements; (b) it shall not require any prior approval, registration or certification of the labels or markings of products, nor any fee disbursement, as a precondition for placing on its market products that otherwise comply with its established requirements unless it is necessary in view of the risk of the products to human, animal or plant health or life, the environment or national security;



(c) if it requires the use of a unique identification number by economic operators, it shall issue such number to the economic operators of the other Party without undue delay and on a non‑discriminatory basis; (d) provided that the elements listed below are not misleading, contradictory or confusing in relation to the information required in the Party importing the goods, that Party shall permit: (i) information in other languages in addition to the language required in the Party importing the goods; (ii) internationally accepted nomenclatures, pictograms, symbols or graphics; and (iii) additional information to that required in the Party importing the goods;

(e) it shall accept that labelling, including supplementary labelling or corrections to labelling, takes place in customs warehouses or other designated areas as an alternative to labelling in the country of origin; and (f) where appropriate, it will consider accepting non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.



Article 60 Consultations 1. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the TBT Chapter coordinator of the other Party. The Parties shall make every attempt to resolve the matter in a mutually satisfactory manner and may convene the Cooperation Committee for that purpose. 2. For greater certainty, this Article is without prejudice to the rights and obligations of the Parties under Chapter 14. Article 61 TBT Chapter coordinator 1. Each Party shall nominate a TBT Chapter coordinator and inform the other Party if it changes. The TBT Chapter coordinators shall work jointly to facilitate the implementation of this Chapter and the cooperation between the Parties in all matters related to the TBT Agreement.





2. The functions of each TBT Chapter coordinator shall include: (a) following the implementation and administration of this Chapter, including any issue related to the development, adoption, application or enforcement of standards, technical regulations and conformity assessment procedures; (b) communicating with the other Party's TBT Chapter coordinator on initiatives taken by the Parties for enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures and exchanging information on developments in non-governmental, regional and multilateral fora related to standards, technical regulations and conformity assessment procedures. 3. The TBT Chapter coordinators shall communicate with one another by any agreed method that is appropriate to carry out their functions.



CHAPTER 5 SANITARY AND PHYTOSANITARY MATTERS Article 62 Objective The objective of this Chapter is to set out the principles applicable to sanitary and phytosanitary (hereinafter referred to as "SPS") measures in trade between the Parties, as well as to cooperate on animal welfare, the protection of plants and antimicrobial resistance. The principles set out in this Chapter shall be applied by the Parties in a manner that facilitates trade and avoids the creation of unjustified barriers to trade between them, while preserving each Party's level of protection of human, animal or plant life or health.

Article 63 Multilateral obligations The Parties affirm their rights and obligations made under the SPS Agreement.



Article 64 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 and taking into account the international standards (the International Plant Protection Convention, signed in Rome on 6 December 1951 (hereinafter referred to as the "IPPC"), the World Organisation for Animal Health (hereinafter referred to as the "OIE"), and the Codex Alimentarius Commission (hereinafter referred to as the "Codex Alimentarius")). 2. Each 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 between the Parties. 3. Each Party shall ensure that SPS measures, procedures or controls are implemented and that requests for information received from a competent authority of the other Party are addressed without undue delay and in a manner no less favourable to imported products than to like domestic products.



Article 65

Import requirements 1. The import requirements of the importing Party shall be applicable to the entire territory of the exporting Party, subject to Article 64. 2. The import requirements set out in certificates that may be required for trading food and agricultural goods between the Parties are based on IPPC, OIE and Codex Alimentarius principles and their relevant standards, unless the import requirements are supported by a science-based risk assessment conducted in accordance with the applicable international rules provided for in the SPS Agreement. 3. The requirements set out in import permits as issued by the Kyrgyz Republic shall not contain sanitary and veterinary conditions that are more stringent than those laid down in the certificates referred to in paragraph 2. Each Party should apply harmonised import certificates that are managed at central level and that are applicable to the whole territory of the exporting Party.



Article 66 Measures linked to animal and plant health In accordance with the SPS Agreement and the relevant IPPC, OIE and Codex Alimentarius standards, guidelines or recommendations: (a) the Parties shall recognise the concept of pest or disease-free areas and areas of low pest or disease prevalence; (b) the importing Party shall base its sanitary measures applicable to the exporting Party whose territory is affected by a pest or disease on the zoning decision taken by the exporting Party, provided that the importing Party's appropriate level of protection will be achieved;

(c) when determining pest- 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 67 Inspections and audits Inspections and audits carried out by the importing Party in the territory of the exporting Party to evaluate and recognise the latter's inspection and certification systems shall be performed in accordance with the relevant IPPC, OIE and Codex Alimentarius standards, guidelines and recommendations. The costs of inspections and audits shall be borne by the Party carrying out the audits and the inspections. Article 68 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 IPPC, the OIE and the Codex Alimentarius. 2. The Parties agree to cooperate on matters relating to food safety, animal health, animal welfare, plant health, the protection of plants and antimicrobial resistance through the exchange of information, expertise and experience with the objective of building up capacity in those fields. Such cooperation may include technical assistance.



3. Upon request by either Party, the Parties shall establish a timely dialogue on SPS issues 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 contact points for communication on matters covered by this Chapter. Article 69 Transparency Each Party shall: (a) pursue transparency as regards SPS measures applicable to trade and, in particular, to the SPS requirements applied to imports of the other Party; (b) upon the request of the other Party and within two months after the date of such a request, communicate the requirements that apply for the import of specific products, and indicate whether a risk assessment is needed; and (c) notify the contact point of the other Party by mail, fax or e-mail, without undue delay, of any serious or significant animal or plant health risk, including any food emergencies related to goods traded between the Parties.

CHAPTER 6 TRADE IN SERVICES AND INVESTMENT

Article 70 Objective, scope and coverage 1. The Parties, affirming their respective commitments under the WTO Agreement, hereby lay down the necessary arrangements with a view to improving reciprocal conditions for trade in services and investment. 2. Nothing in this Chapter shall be construed as imposing any obligation with respect to government procurement subject to Chapter 9. 3. This Chapter shall not apply to subsidies granted by either Party. 4. The Parties reaffirm the right to regulate within their respective territory to achieve legitimate policy objectives, such as the protection of public health, social services, public education, safety, the environment, including climate change, public morals, social or consumer protection, privacy and data protection, and the promotion and protection of cultural diversity.



5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the Parties or to measures regarding citizenship, residence or employment on a permanent basis. 6. This Chapter shall not prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under this Chapter. The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits accrued under this Chapter. 7. For the purposes of this Chapter, no account shall be taken of treatment accorded by a Party: (a) pursuant to an agreement which substantially liberalises trade in services (including establishment in the area of services) meeting the criteria of Articles V and V bis of the GATS or to an agreement which substantially liberalises establishment in other economic activities, meeting the same criteria, in respect of such activities;

(b) resulting from measures providing for recognition, including of the standards or criteria for the authorisation, licencing or certification of a natural person or enterprise to carry out an economic activity, or of prudential measures.



8. This Chapter does not apply to the audio-visual sector. Article 71 Definitions For the purposes of this Chapter: (a) "activity performed in the exercise of governmental authority" means activity performed, including any service supplied, neither on a commercial basis nor in competition with one or more economic operators; (b) "branch" means a place of business established in a Party that does not have legal personality, has the appearance of permanency, such as the extension of a parent body established in the other Party, 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 in the other Party, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;



(c) "cross-border supply of services" means the supply of a service: (i) from the territory of a Party into the territory of the other Party; or

(ii) in the territory of a Party to a service consumer of the other Party; (d) "economic activity" means any service or activity of an industrial, commercial or professional character or activity of a craftsman, except for services or activities performed in the exercise of governmental authority; (e) "enterprise" means a legal person, branch or representative office set up through establishment; (f) "establishment" means the setting-up or acquisition of a legal person, including through capital participation, or the creation of a branch or representative office, in the European Union or in the Kyrgyz Republic, with a view to establishing or maintaining lasting economic links;



(g) "intra-corporate transferee" means a natural person who has been employed by a legal person of a Party or has been a partner in it, for a period of not less than one year immediately preceding the date of his or her application for entry and temporary stay in the other Party, and who is temporarily transferred to an enterprise, in the territory of the other Party, which forms part of the same group of the former legal person, including its representative office, subsidiary, branch or head company, provided that: (i) the natural person concerned belongs to one of the following categories: (A) managers or executives: persons working in a senior position who primarily direct the management of the enterprise, receiving general supervision or direction principally from the board of directors or from shareholders of the business or their equivalent, and as a minimum: (1) direct the enterprise or a department thereof; (2) supervise and control the work of other supervisory, professional or managerial employees; and (3) have the personal authority to recruit and dismiss or to recommend recruitment, dismissal or other personnel-related actions;





(B) specialists: persons possessing specialised knowledge essential to the enterprise's production, research equipment, techniques, processes, procedures or management; or (C) trainee employees: persons possessing a university degree who are temporarily transferred for career development purposes or to obtain training in business techniques or methods; (ii) for the European Union, in assessing the knowledge referred to in point (i)(B), account is taken not only of knowledge specific to the enterprise, but also of whether the natural person has a high level of qualification in relation to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (h) "investor" of a Party means a natural or legal person of that Party that seeks to perform or performs an economic activity through setting up an establishment in the other Party; (i) "legal 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;



(j) "legal person of a Party" means a legal person set up in accordance with the law of the European Union or its Member States or with the law of the Kyrgyz Republic, and having its registered office, its central administration or its principal place of business in the territory of the European Union or in the territory of the Kyrgyz Republic, respectively; in cases where a legal person set up in accordance with the law of the European Union or its Member States or with the law of the Kyrgyz Republic has only its registered office or central administration in the territory of the European Union or in the territory of the Kyrgyz Republic, respectively, it shall not be considered to be a legal person of a Party unless it engages in substantive business operations in the territory of the European Union or in the territory of the Kyrgyz Republic, respectively; shipping companies established outside the European Union or the Kyrgyz Republic and controlled by nationals of a Member State of the European Union or the Kyrgyz Republic, respectively, shall also be beneficiaries of this Chapter if their vessels are registered in accordance with their respective legislation, in a Member State of the European Union or in the Kyrgyz Republic and fly the flag of a Member State of the European Union or the Kyrgyz Republic; (k) "natural person of the European Union" and "natural person of the Kyrgyz Republic" mean, respectively, a national of one of the Member States of the European Union and a national of the Kyrgyz Republic in accordance with the domestic laws and regulations of that Member State of the European Union or the Kyrgyz Republic, respectively;



(l) "operations" means conduct, management, maintenance, use, enjoyment and sale or other form of disposal of an