COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(95) 29 final 
Brussels, 14.02.1995 
95/ 0031(ACC) 
Proposal for a 
95/ 0031(ACC) 
COUNCIL DECISION 
ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITTY, OF THE ONE PART, AND THE 
REPUBLIC OF KAZAKHSTAN, OF THE OTHER PART, ON TRADE AND 
TRADE-RELATED MATTERS 
(presented by the Commission) 
Draft 
COMMISSION DECISION 
CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF 
THE ONE PART, AND THE REPUBLIC OF KAZAKHSTAN, OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED MATTERS 
Explanatory memorandum 
1. The attached proposals for Decisions constitute the legal instrument for the conclusion 
by the European Community of the Interim Agreement between the European 
Community, the European Atomic Energy Community and the European Coal and 
Steel Community, on the one hand, and the Republic of Kazakhstan, on the other. 
2. Pending signature and ratification of the Partnership and Cooperation Agreement with 
the Republic of Kazakhstan, initialed in Brussels on 20 May 1994, the Commission has, 
in accordance with the negotiating directives adopted by the Council on 18 July 1994, 
negotiated an Interim Agreement with the Republic of Kazakhstan. 
3. The Interim Agreement providing for provisional implementation of the part of the 
Partnership and Cooperation Agreement on trade and trade-related measures was 
initialed in Brussels on 22 December 1994, and will be concluded for the period ending 
with the entry into force of the Partnership and Cooperation Agreement. 
4. The Interim Agreement suspends, as far as the Republic of Kazakhstan is concerned, 
the trade provisions of the Agreement on Trade and Commercial and Economic 
Cooperation signed on 18 December 1989 between the European Economic 
Community and the European Atomic Energy Community, of the one part, and Union 
of Soviet Socialist Republics, of the other part. 
5. The procedures for signing and concluding the Agreement differ between the EC and 
the ECSC. 
The Agreement will be concluded as follows : 
- the Council, after consulting Parliament, will conclude the Agreement on behalf of the 
European Community under Article 113, in conjunction with Article 228 (2), first 
sentence of the EC Treaty by adopting the Decision contained in Annex I; 
- the Commission will conclude the Agreement on behalf of the ECSC by adopting the 
Decision contained in Annex II in accordance with Article 95 of the ECSC Treaty, with 
the unanimous assent of the Council and following consultation of the Consultative 
Committee; 
- the Commission will conclude the Agreement on behalf of the European Atomic 
Energy Community after the Council has approved it in accordance with the second 
paragraph of Article 101 of the Euratom treaty; 
6. The Interim Agreement should be signed in February. 
7. The Commission accordingly asks the Council to adopt the proposal contained in 
Annex I and to give its assent to the decision under Annex II. 
<L 
ANNEX I 
Proposal for a Council Decision concerning the conclusion by the European Community 
of the Interim Agreement between the European Community, the European Coal and 
Steel Community and the European Atomic Energy Community, of the one part, and the 
Republic of Kazakhstan, of the other part, on Trade and Trade-Related Matters. 
i 
Proposal for 
95/ 003lrAceV 
COUNCIL DECISION } 
OF 
ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE 
REPUBLIC OF KAZAKHSTAN, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 in conjunction with Article 228 (2), first sentence thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Whereas, pending the entry into force of the Partnership and Cooperation Agreement 
initialed in Brussels on 20 May 1994, it is necessary to approve the Interim Agreement 
between the European Community, the European Coal and Steel Community and the 
European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of 
the other part, on trade and trade-related matters signed in on 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Interim Agreement between the European Community, the European Coal and Steel 
Community and the European Atomic Energy Community, of the one part, and the 
Republic of Kazakhstan, of the other part, on trade and trade-related matters, together 
with the Protocol and the declarations, are hereby approved on behalf of the European 
Community. 
These texts are attached to this Decision. 
Article 2 
The President of the Council shall give the notification provided for in Article 28 of the 
Interim Agreement on behalf of the European Community. 
Done at Brussels, 
it 
ANNEX H 
Draft Commission Decision concerning the conclusion on behalf of the European Coal 
and Steel Community of the Interim Agreement between the European Community, the 
European Coal and Steel Community and the European Atomic Energy Community, of 
the one part, and the Republic of Kazakhstan, of the other part, on trade and trade-related 
matters. 
r 
Draft 
COMMISSION DECISION 
OF 
CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF 
THE ONE PART, AND THE REPUBLIC OF KAZAKHSTAN, OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED MATTERS 
(../.../ECSC) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular the first paragraph of Article 95 thereof, 
Having regard to the Treaty establishing the European Atomic Energy Community and in 
particular the second paragraph of Article 101 thereof, 
Whereas, pending the entry into force of the Partnership and Cooperation Agreement 
initialed in Brussels on 20 May 1994, it is necessary to approve the Interim Agreement 
between the European Community, the European Coal and Steel Community and the 
European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of 
the other part, on trade and trade-related matters signed in on 
Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of 
the Community set out in particular in Articles 2 and 3 of the Treaty establishing the 
European Coal and Steel Community and whereas the Treaty did not make provision for 
all the cases covered by this Decision; 
Having consulted the Consultative Committee and with the assent of the Council, 
HAS DECIDED AS FOLLOWS : 
Article 1 
The Interim Agreement between European Community, the European Coal and Steel 
Community and the European Atomic Energy Community, of the one part, and the 
Republic of Kazakhstan, of the other part, on trade and trade-related matters, together 
with the Protocol and the declarations, are hereby approved on behalf of the European 
Coal and Steel Community. 
These texts are attached to this Decision. 
C 
Article 2 
The President of the Commission shall give the notification provided for in Article 28 of 
the Interim Agreement on behalf of the European Coal and Steel Community and the 
European Atomic Energy Community. 
Done at Brussels, 
10 
> 
FINAL ACT 
The plenipotentiaries of the EUROPEAN COMMUNITY, the EUROPEAN COAL AND 
STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, 
hereinafter referred to as "the Community", of the one part, and 
the plenipotentiaries of THE REPUBLIC OF KAZAKHSTAN, of the other part, 
meeting at on for the signature of the Interim Agreement on trade and 
trade-related matters between the European Community, the European Coal and Steel 
Community and the European Atomic Energy Community, of the one part, and the 
Republic of Kazakhstan, of the other part, hereinafter referred to as the Agreement, have 
adopted the following texts : 
the Interim Agreement and the Protocol on mutual assistance in customs matters. 
The plenipotentiaries of the Community and the plenipotentiaries of the Republic of 
Kazakhstan have adopted the texts of the Joint declarations listed below and annexed to 
this Final Act : 
Joint Declaration on Article 7 of the Agreement 
Joint Declaration on Article 14 of the Agreement 
Joint Declaration on Article 27 of the Agreement 
The plenipotentiaries of the Community have taken note of the declaration listed below 
and annexed to this Final Act : 
Declaration by the Republic of Kazakhstan concerning the protection of intellectual, 
industrial and commercial property rights. 
Done at Brussels on 
For the Council and the European Commission 
For the Republic of Kazakhstan 
11 
INTERIM AGREEMENT 
ON TRADE AND TRADE RELATED MATTERS BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY 
OF THE ONE PART AND THE REPUBLIC OF KAZAKHSTAN OF THE 
OTHERPART 
The EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, 
hereinafter referred to as "THE COMMUNITY" 
of the one part, 
and THE REPUBLIC OF KAZAKHSTAN 
of the other part, 
Whereas an Agreement on Partnership and Cooperation between the European 
Communities and Member States, of the one part and the Republic of Kazakhstan of 
the other part was signed on 1994; 
Whereas the aim of the Partnership and Cooperation Agreement is to strengthen and 
widen the relations established previously, notably by the Agreement on Trade and 
Commercial and Economic Cooperation between the European Communities and 
USSR signed on 18 December 1989; 
Whereas it is necessary to ensure the rapid development of trade relations between 
the Parties; 
Whereas to this end it is necessary to implement as speedily as possible, by means of 
an Interim Agreement, the provisions of the Partnership and Cooperation Agreement 
concerning trade and trade-related matters; 
Whereas the said provisions should, accordingly, provisionally replace the trade 
provisions of the Trade and Commercial and Economic Cooperation Agreement; 
Whereas it is necessary to ensure that pending the entry into force of the Partnership 
and Cooperation Agreement and the establishment of the Cooperation Council, the 
Joint Committee set up under the Agreement on Trade and Commercial and 
Economic Cooperation may exercise the powers assigned by the Partnership and 
Cooperation Agreement to the Cooperation Council; 
Whereas these powers are necessary in order to implement the Interim Agreement; 
Have decided to conclude this Agreement and to this end have designated as their 
plenipotentiaries; 
THE EUROPEAN COMMUNITY : 
THE EUROPEAN COAL AND STEEL COMMUNITY : 
THE EUROPEAN ATOMIC ENERGY COMMUNITY : 
THE REPUBLIC OF KAZAKHSTAN : 
Who, having exchanged their Full Powers, found in good and due form, 
Have agreed as follows : 
TITLE I : GENERAL PRINCIPLES 
TPCA Kazakhstan : Title H 
Article 1 
fPCA Kazakhstan : Article 21 
Respect for democracy, principles of international law and human rights as defined in 
particular in the United Nations Charter, the Helsinki Final Act and the Charter of Paris 
for a New Europe, as well as the principles of market economy, including those 
enunciated in the documents of the CSCE Bonn Conference, underpin the internal and 
external policies of the Parties and constitute an essential element of partnership and of 
the present Agreement. 
TITLE H : TRADE IN GOODS 
fPCA Kazakhstan : Title DU 
Article 2 
[PCA Kazakhstan : Article 81 
1. The Parties shall accord to one another most-favoured-nation treatment in all areas in 
respect of : 
- customs duties and charges applied to imports and exports, including the method of 
collecting such duties and charges; 
- provisions relating to customs clearance, transit, warehouses and transhipment; 
- taxes and other internal charges of any kind applied directly or indirectly to imported 
goods; 
- methods of payment and the transfer of such payments related to trade in goods; 
- the rules relating to the sale, purchase, transport, distribution and use of goods on the 
domestic market. 
.st^> 
2. The provisions of paragraph 1 shall not apply to : 
(a) advantages granted with the aim of creating a customs union or a free-trade area 
or pursuant to the creation of such a union or area; 
(b) advantages granted to particular countries in accordance with the General 
agreement on Tariffs and Trade and with other international arrangements in 
favour of developing countries; 
(c) advantages accorded to adjacent countries in order to facilitate frontier traffic. 
3. The provisions of paragraph 1 shall not apply, during a transitional period expiring on 
the date of the Republic of Kazakhstan acceding to GATT or on the 31.12.1998, 
whichever is earlier, to advantages defined in Annex I granted by the Republic of 
Kazakhstan to other states which have emerged from the dissolution of the USSR. 
Article 3 
fPCA Kazakhstan : Article 91 
1. The Parties agree that the principle of free transit is an essential condition of attaining 
the objectives of this Agreement. In this connection each Party shall secure unrestricted 
transit via or through its territory of goods originating in the customs territory or 
destined for the customs territory of the other Party. 
2. The rules described in the Article 5, paragraphs 2, 3, 4 and 5 of the GATT are 
applicable between the two parties. 
3. The rules contained in this Article are without prejudice to any special rules relating to 
specific sectors, in particular such as transport, or products agreed between the Parties. 
Article 4 
fPCA Kazakhstan : Article 101 
Without prejudice to the rights and obligations stemming from international conventions 
on the temporary admission of goods which bind both Parties, each Party shall 
furthermore grant the other Party exemption from import charges and duties on goods 
admitted temporarily, in the instances and according to the procedures stipulated by any 
other international convention on this matter binding upon it, in conformity with its 
legislation. Account shall be taken of the conditions under which the obligations stemming 
from such a convention have been accepted by the Party in question. 
Article 5 
fPCA Kazakhstan : Article 111 
1. Goods originating in the Republic of Kazakhstan shall be imported into the Community 
free of quantitative restrictions without prejudice to the provisions of Articles 7, 10 
and 11 and to the provisions of Articles 77, 81, 244, 249 and 280 of the Acts of 
Accession of Spain and Portugal to the European Community. 
2. Goods originating in the Community shall be imported into the Republic of Kazakhstan 
free of all quantitative restrictions and measures of equivalent effect, without prejudice 
to the provisions of Articles 7, 10 and 11. 
--v 
Article 6 
fPCA Kazakhstan : Article 121 
Goods shall be traded between the Parties at market-related prices. 
Article 7 
fPCA Kazakhstan : Article 131 
1. Where any product is being imported into the territory of one of the Parties in such 
increased quantities and under such conditions as to cause or threaten to cause injury 
to domestic producers of like or direct competitive products, the Community or the 
Republic of Kazakhstan, which ever is concerned, may take appropriate measures in 
accordance with the following procedures and conditions. 
2. Before taking any measures, or in cases to which paragraph 4 applies as soon as 
possible thereafter, the Community or the Republic of Kazakhstan as the case may be 
shall supply the Joint Committee with all relevant information with a view to seeking a 
solution acceptable to both Parties as provided for in Title IV. 
3. If, as a result of the consultations, the Parties do not reach agreement within 30 days of 
referral to the Joint Committee on actions to avoid the situation, the Party which 
requested consultations shall be free to restrict imports of the products concerned to 
the extent and for such time as is necessary to prevent or remedy the injury, or to 
adopt other appropriate measures. 
4. In critical circumstances where delay would cause damage difficult to repair, the 
Parties may take the measures before the consultations, on the condition that 
consultations shall be offered immediately after taking such action. 
5. In the selection of measures under this Article, the Parties shall give priority to those 
which cause least disturbance to the achievement of the aims of this Agreement. 
6. Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of 
anti-dumping or countervailing measures in accordance with Article VI of the GATT, 
the Agreement on implementation of Article VI of the GATT, the Agreement related 
on interpretation and application of Articles VI, XVI and XXIII of the GATT or 
related internal legislation. 
Article 8 
[PCA Kazakhstan : Article 141 
The Parties undertake to consider development of the provisions in this Agreement on 
trade in goods between them, as circumstances allow, including the situation arising from 
the accession of the Republic of Kazakhstan to the General Agreement on Tariffs and 
Trade. The Joint Committee referred to in Article 16 may make recommendations on such 
developments to the Parties which could be put into effect, where accepted, by virtue of 
agreement between the Parties in accordance with their respective procedures. 
(I 
Article 9 
IPCA Kazakhstan : Article 151 
The Agreement shall not preclude prohibitions or restrictions on imports, exports or 
goods in transit justified on grounds of public morality, public policy or public security; 
the protection of health and life of humans, animals or plants; the protection of natural 
resources; the protection of national treasures of artistic, historic or archaeological value 
or the protection of intellectual, industrial and commercial property or rules relating to 
gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of 
arbitrary discrimination or a disguised restriction on trade between the Parties. 
Article 10 
FPCA Kazakhstan : Article 161 
This Title II shall not apply to trade in textile products falling under chapters 50 to 63 of 
the Combined Nomenclature. Trade in these products shall be governed by a separate 
agreement, initialed on 15 October 1993 and applied provisionally since 1st January 1993. 
Article 11 
fPCA Kazakhstan : Article 171 
1. Trade in products covered by the Treaty establishing the European Coal and 
Steel Community shall be governed by the provisions of this Title II, with the 
exception of Article 5 and upon entry into force, by the provisions of an agreement on 
quantitative arrangements concerning exchange of ECSC steel products. 
2. A contact group on coal and steel matters shall be set up, comprising representatives of 
the Community on the one hand, and representatives of the Republic of Kazakhstan on 
the other. 
The contact group shall exchange, on a regular basis, information on all coal and 
steel matters of interest to the Parties. 
Article 12 
IPCA Kazakhstan : Article 181 
Trade in nuclear materials shall be subject to the provisions of a specific Agreement 
to be concluded between the European Atomic Energy Community and the Republic 
of Kazakhstan. 
n 
TITLE m : PAYMENTS. COMPETITION AND OTHER ECONOMIC 
PROVISIONS 
fPCA Kazakhstan : Title IV! 
Article 13 
1PCA Kazakhstan : Article 421 
The Parties undertake to authorize, in freely convertible currency, any payments on 
the current account of balance of payments between residents of the Community and 
of the Republic of Kazakhstan connected with the movement of goods, made in 
accordance with the provisions of the present Agreement. 
Article 14 
The Parties agree to examine ways to apply their respective competition laws on a 
concerted basis in such cases where trade between them is affected. 
Article 15 
TPCA Kazakhstan : Article 431 
Pursuant to the provisions of this Article and of Annex II, the Republic of Kazakhstan 
shall continue to improve the protection of intellectual, industrial and commercial property 
rights in order to provide, by the end of the fifth year after the entry into force of the 
Agreement, for a level of protection similar to that provided in the Community by 
Community acts, in particular the ones referred to in Annex II, including comparable 
means of enforcing such rights. 
Article 16 
Mutual assistance between administrative authorities in customs matters of the 
Parties shall take place in accordance with the protocol annexed to the agreement. 
TITLE IV : INSTITUTIONAL. GENERAL AND FINAL PROVISIONS 
FPCA Kazakhstan : Title 1X1 
Article 17 
The Joint Committee set up by the Agreement on Trade and Commercial and 
Economic Cooperation signed between the European Economic Community and 
USSR on 18 December 1989 shall perform the duties assigned to it by this 
Agreement until the Cooperation Council provided for in Article 77 of the 
Partnership and Cooperation Agreement is established. 
Article 18 
The Joint Committee may, for the purposes of attaining the objectives of the 
Agreement, make recommendations in the cases provided for therein. 
It shall draw up its recommendations by agreement between the two Parties. 
6 
/i 
Article 19 
fPCA Kazakhstan : Article 811 
When examining any issue arising within the framework of this Agreement in relation to a 
provision referring to an article of the GATT, the Joint Committee shall take into account 
to the greatest extent possible the interpretation that is generally given to the article of the 
GATT in question by the Contracting Parties to the General Agreement. 
Article 20 
1PCA Kazakhstan : Article 851 
1. Within the scope of this Agreement, each Party undertakes to ensure that natural and 
legal persons of the other Party have access free of discrimination in relation to its 
own nationals to the competent courts and administrative organs of the Parties to 
defend their individual rights and their property rights, including those concerning 
intellectual, industrial and commercial property. 
2. Within the limits of their respective powers, the Parties : 
- shall encourage the adoption of arbitration for the settlement of disputes 
arising out of commercial and cooperation transactions concluded by economic 
operators of the Community and those of the Republic of Kazakhstan; 
- agree that where a dispute is submitted to arbitration, each Party to the dispute 
may, except where the rules of the arbitration centre chosen by the Parties 
provide otherwise, choose its own arbitrator, irrespective of his nationality, and 
that the presiding third arbitrator or the sole arbitrator may be a citizen of a 
third state; 
- will recommend their economic operators to choose by mutual consent the law 
applicable to their contracts; 
- shall encourage recourse to the arbitration rules elaborated by the United 
Nations Commission on International Trade Law (Uncitral) and to arbitration by 
any centre of a state signatory to the Convention on Recognition and 
Enforcement of Foreign Arbitral Awards done at New York on 10th June 1958. 
Article 21 
1PCA Kazakhstan : Article 861 
Nothing in the Agreement shall prevent a Party from taking any measures: 
(a) which it considers necessary to prevent the disclosure of information contrary 
to its essential security interests; 
(b) which relate to the production of, or trade in arms, munitions or war materials 
or to research, development or production indispensable for defence purposes, 
provided that such measures do not impair the conditions of competition in 
respect of products not intended for specifically military purposes; 
(c) which it considers essential to its own security in the event of serious internal 
disturbances affecting the maintenance of law and order, in time of war or 
serious international tension constituting threat of war or in order to carry out 
obligations it has accepted for the purpose of maintaining peace and 
international security; 
(d) which it considers necessary to respect its international obligations and 
commitments in the control of dual use industrial goods and technologies. 
if 
Article 22 
fPCA Kazakhstan : Article 871 
1. In the fields covered by this Agreement and without prejudice to any special 
provisions contained therein : 
- the arrangements applied by the Republic of Kazakhstan in respect of the 
Community shall not give rise to any discrimination between the Member 
States, their nationals or their companies or firms; 
- the arrangements applied by the Community in respect of the Republic of 
Kazakhstan shall not give rise to any discrimination between Kazakh nationals, 
or its companies or firms. 
2. The provisions of Paragraph 1 are without prejudice to the right of the Parties 
to apply the relevant provisions of their fiscal legislation to tax payers who are 
not in identical situations as regards their place of residence. 
Article 23 
TPCA Kazakhstan : Article 881 
1. Each of the two Parties may refer to the Joint Committee any dispute relating to 
the application or interpretation of this Agreement. 
2. The Joint Committee may settle the dispute by means of a recommendation. 
3. In the event of it not being possible to settle the dispute in accordance with 
paragraph 2 of this Article, either Party may notify the other of the appointment 
of an conciliator ; the other Party must then appoint a second conciliator within 
two months. For the application of this procedure, the Community and the 
Member States shall be deemed to be one Party to the dispute. 
The Joint Committee shall appoint a third conciliator. 
The conciliator's recommendations shall be taken by majority vote. Such 
recommendations shall not be binding upon the Parties. 
Article 24 
fPCA Kazakhstan ; Article 891 
The Parties agree to consult promptly through appropriate channels at the request of 
either Party to discuss any matter concerning the interpretation or implementation of 
this Agreement and other relevant aspects of the relations between the Parties. 
The provisions of this Article shall in no way affect and are without prejudice to 
Articles 7, 22 and 27. 
Article 25 
TPCA Kazakhstan : Article 901 
Treatment granted to the Republic of Kazakhstan hereunder shall in no case be more 
favourable than that granted by the Member States to each other. 
/c 
Article 26 
TPCA Kazakhstan ; Article 921 
Insofar as matters covered by this Agreement are covered by the Energy Charter 
Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force 
apply to such matters but only to the extent that such application is provided for 
therein. 
Article 27 
This Agreement shall be applicable until the entry into force of the Partnership 
and Cooperation Agreement signed on 1994. 
Either Party may denounce this Agreement by notifying the other Party. This 
Agreement shall cease to apply six months after the date of such notification. 
Article 28 
fPCA Kazakhstan : Article 941 
1. The Parties shall take any general or specific measures required to fulfil their 
obligations under the Agreement. They shall see to it that the objectives set out 
in the Agreement are attained. 
2. If either Party considers that the other Party has failed to fulfil an obligation under 
the Agreement, it may take the appropriate measures. Before so doing, except in 
cases of special urgency, it shall supply the Joint Committee with all relevant 
information required for a thorough examination of the situation with a view to 
seeking a solution acceptable to the Parties. 
In the selection of these measures, priority must be given to those which least 
disturb the functioning of the Agreement. These measures shall be notified 
immediately to the Joint Committee if the other Party so requests. 
Article 29 
Annexes I, II, and the Protocol on mutual assistance between administrative 
authorities in customs matters shall form an integral part of this Agreement. 
Article 30 
fPCA Kazakhstan : Article 971 
This Agreement shall apply, on the one hand, to the territories in which the treaties 
establishing the European Community, the European Atomic Energy Community 
and the European Coal and Steel Community are applied and under the conditions 
laid down in those Treaties and, on the other hand, to the territory of the Republic of 
Kazakhstan. 
Article 31 
TPCA Kazakhstan : Article 981 
The Secretary-General of the Council of the European Union shall be the depositary 
of this Agreement. 
Article 32 
TPCA Kazakhstan : Article 991 
This original of the Agreement, of which the Danish, Dutch, English, French, 
German, Italian, Spanish, Greek, Portuguese and Kazakh languages, are equally 
authentic, shall be deposited with the Secretary-General of the Council of the 
European Union. 
Article 33 
rPCA Kazakhstan : Article 1001 
This Agreement will be approved by the Parties in accordance with their own procedures. 
This Agreement shall enter into force on the first day of the second month following the 
date on which the Parties notify each other that the procedures referred to above have 
been completed. 
Upon its entry into force, and as far as relations between the Republic of Kazakhstan 
and the Community are concerned, this Agreement shall replace Article 2, Article 3, 
except for the fourth indent thereof, and Articles 4 to 16 of the Agreement between the 
European Economic Community, the European Atomic Energy Community and the 
Union of Soviet Socialist Republics on trade and economic and commercial 
cooperation signed in Brussels on 18 December 1989. 
10 
/* 
List of annexes 
• Annex I : Exceptions to MFN for advantages granted among Independent States 
(article 2) 
• Annex II : IPR conventions (article 14) 
Protocol nr 1 on the mutual assistance in customs matters 
Joint Declaration concerning Article 7 
Joint Declaration concerning Article 14 
Joint Declaration concerning Article 27 
Unilateral declaration by the Republic of Kazakhstan concerning the protection of 
intellectual, industrial and commercial property rights 
11 
(1 
ANNEX I 
Indicative list of advantages granted by the Republic of Kazakhstan to the 
Independent States in accordance with Article 2, paragrah 3. 
1. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, 
Turkmenistan, Russia 
No import duties are implemented. 
No export duties are implemented as regards goods delivered under clearing and 
interstate agreements within the volumes stipulated in these agreements. 
No VAT is applied on export and import. No excise is applied on export. 
All Independent States - export quotas for deliveries of products under annual 
interstate trade and cooperation agreements are opened in the same way as for 
deliveries for state needs. 
2. Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, 
Turkmenistan, -
Payments could be made in roubles 
Russia - payments could be made in roubles or tenge. 
All Independent States - special system of non-commercial operations, including 
payments resulting from these operations. 
3. All Independent States - special system of current payments. 
4. All Independent States - special price system in trade with some raw materials 
and semi-finished products. 
5. All Independent States - special conditions of transit. 
6. All Independent States - special conditions of customs procedures. 
12 
%» 
ANNEX n 
Intellectual, Industrial and Commercial Property conventions (Article 14) 
1. Community acts referred to in Article 14. 
- First Council Directive 89/104/EEC of 21 December 1988 to approximate the 
laws of the Member States relating to trade marks. 
- Council Directive 87/54/EEC of 16 December 1986 on the legal protection of 
topographies of semi-conductor products. 
- Council Directive 91/250/EEC of 14 May 1991 on the legal protection of 
computer programs. 
- Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the 
creation of a supplementary protection certificate for medicinal products. 
- Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of 
geographical indications and designations of origin for agricultural products and 
foodstuffs. 
- Council Directive 93/83/EEC of 27 September 1993 on the coordination of 
certain rules concerning copyright and rights related to copyright applicable to 
satellite broadcasting and cable retransmission. 
- Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of 
protection of copyright and certain related rights. 
- Council Directive 92/100/EEC of 19 November 1992 on rental right and 
lending right and on certain rights related to copyright in the field of intellectual 
property. 
2. If problems in the area of intellectual, industrial and commercial property as 
addressed in the above Community acts and affecting trading conditions were to 
occur, urgent consultations will be undertaken, at the request of the Community 
or the Republic of Kazakhstan, with a view to reaching mutually satisfactory 
solutions. 
13 
r/ 
PROTOCOL 
ON MUTUAL ASSISTANCE 
BETWEEN ADMINISTRATIVE AUTHORITIES 
IN CUSTOMS MATTERS 
14 
l'L-
Article 1 
Definitions 
For the purposes of this Protocol : 
a) "customs legislation" shall mean provisions applicable in the territories of the Parties 
governing the import, export, transit of goods and their placing under any customs 
procedure, including measures of prohibition, restriction and control and adopted by 
the said Parties; 
b) "customs duties" shall mean all duties, taxes, fees or any other charges which are levied 
and collected in the territories of the Parties, in application of customs legislation, but 
not including fees and charges which are limited in amount to the approximate costs of 
services rendered; 
c) "applicant authority", shall mean a competent administrative authority which has been 
appointed by a Party for this purpose and which makes a request for assistance in 
customs matters; 
d) "requested authority", shall mean a competent administrative authority which has been 
appointed by a Party for this purpose and which receives a request for assistance in 
customs matters; 
e) "contravention", shall mean any violation of the customs legislation as well as any 
attempted violation of such legislation. 
Article 2 
Scope 
1. The Parties shall assist each other, within their competences, in the manner and under 
the conditions laid down in this Protocol, in ensuring that customs legislation is 
correctly applied, in particular by the prevention, detection and investigation of 
contraventions of this legislation. 
2. Assistance, in customs matters, as provided for in this Protocol, applies to any 
administrative authority of the Parties which is competent for the application of this 
Protocol. It shall not prejudice the rules governing mutual assistance in criminal 
matters. Nor shall it cover information obtained under powers exercised at the request 
of the judicial authority, unless those authorities so agree. 
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Article 3 
Assistance on request 
1. At the request of the applicant authority, the requested authority shall furnish it with all 
relevant information to enable it to ensure that customs legislation is correctly applied, 
including information regarding operations noted or planned which contravene or 
would contravene such legislation. 
2. At the request of the applicant authority, the requested authority shall inform it 
whether goods exported from the territory of one of the Parties have been properly 
imported into the territory of the other Party, specifying, where appropriate, the 
customs procedure applied to the goods. 
3. At the request of the applicant authority, the requested authority shall take the 
necessary steps to ensure that a surveillance is kept on : 
(a) natural or legal persons of whom there are reasonable grounds for believing that 
they are contravening or have contravened customs legislation; 
(b) place where stocks of goods have been assembled in such a way that there are 
reasonable grounds for supposing that they are intended as supplies for operations 
contrary to the legislation of the other Party; 
(c) movements of goods notified as possibly giving rise to substantial contraventions 
of customs legislation; 
(d) means of transport for which there are reasonable grounds for believing that they 
have been, are or may be used in the contravening of customs legislation. 
Article 4 
Spontaneous assistance 
The Parties shall provide each other, in accordance with their laws, rules and other legal 
instruments, with assistance without prior request if they consider that to be necessary for 
the correct application of customs legislation, particularly when they obtain information 
pertaining to: 
- operations which have contravened, contravene or would contravene such legislation 
and which may be of interest to other Parties; 
- new means or methods employed in realizing such operations; 
- goods known to be subject to substantial contravention of customs legislation. 
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Article S 
Delivery/Notification 
At the request of the applicant authority, the requested authority shall in accordance with 
its legislation take all necessary measures : 
- in order to deliver all documents, 
- to notify all decisions, 
falling within the scope of this Protocol to an addressee, residing or established in its 
territory. In such a case Article 6, point 3 is applicable. 
Article 6 
Form and substance of requests for assistance 
1. Requests pursuant to this Protocol shall be made in writing. Documents necessary for 
the execution of such requests shall accompany the request. When required because of 
the urgency of the situation, oral requests may be accepted, but must be confirmed in 
writing immediately. 
2. Requests pursuant to paragraph 1 of this Article shall include the following 
information: 
(a) the applicant authority making the request; 
(b) the measure requested; 
(c) the object of and the reason for the request; 
(d) the laws, rules and other legal elements involved; 
(e) indications as exact and comprehensive as possible on the natural or legal persons 
being the target of the investigations; 
(f) a summary of the relevant facts and of the enquiries already carried out, except in 
cases provided for in Article 5. 
3. Requests shall be submitted in an official language of the requested authority or in a 
language acceptable to such authority. 
4. If a request does not meet the formal requirements, its correction or completion may be 
demanded ; the ordering of precautionary measures may, however, take place. 
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Article 7 
Execution of requests 
1. In order to comply with a request for assistance, the requested authority or, when the 
latter can not act on its own, the administrative department to which the request has 
been addressed by this authority, shall proceed, within its competence and available 
resources, as though it were acting on its own account or at the request of other 
authorities of that same Party, by supplying information already possessed, by carrying 
out appropriate enquiries or by arranging for them to be carried out. 
2. Requests for assistance will be executed in accordance with the laws, rules and other 
legal instruments of the requested Party. 
3. Duly authorised officials of a Party may, with the agreement of the other Party 
involved and within the conditions laid down by the latter, obtain from the offices of 
the requested authority or other authority for which the requested authority is 
responsible, information relating to the contravention of customs legislation which the 
applicant authority needs for the purposes of this Protocol. 
4. Officials of a Party may, with the agreement of the other Party involved and within the 
conditions laid down by the latter, be present at enquiries carried out in the latter's 
territory. 
Article 8 
Form in which information is to be communicated 
1. The requested authority shall communicate results of enquiries to the applicant 
authority in the form of documents certified copies of documents, reports and the like. 
2. Thé documents provided for in paragraph 1 may be replaced by computerized 
information produced in any form for the same purpose. 
Article 9 
Exceptions to the obligation to provide assistance 
1. The Parties may refuse to give assistance as provided for in this Protocol, where to do 
so would : 
(a) be likely to prejudice sovereignty, public policy, security or other essential 
interests; 
or 
(b) involve currency or tax regulations other than regulations concerning customs 
duties; 
or 
(c) violate an industrial, commercial or professional secret. 
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76 
2. Where the applicant authority asks for assistance which it would itself be unable to 
provide if so asked, it shall draw attention to that fact in its request. It shall then be left 
to the requested authority to decide how to respond to such a request. 
3. If assistance is withheld or denied, the decision and the reasons therefore must be 
notified to the applicant authority without delay. 
Article 10 
Obligation to observe confidentiality 
1. Any information communicated in whatsoever form pursuant to this Protocol shall be 
of a confidential nature. It shall be covered by the obligation of official secrecy and 
shall enjoy the protection extended to like information under the relevant laws of the 
Party which received it and the corresponding provisions applying to the Community 
authorities. 
2. Nominative data shall not be transmitted whenever there are reasonable grounds to 
believe that the transfer or the use made of the date transmitted would be contrary to 
the basic legal principles of one of the Parties, and, in particular, if the person 
concerned would suffer undue disadvantages. Upon request, the receiving Party shall 
inform the furnishing Party of the use made of the information supplied and of the 
results achieved. 
3. Nominative data may only be transmitted to customs authorities and, in the case of 
need for prosecution purposes, to public prosecution and judicial authorities. Other 
persons or authorities may obtain such information only upon previous authorisation by 
the furnishing authority. 
4. The furnishing Party shall verify the accuracy of the information to be transferred. 
Whenever it appears that the information supplied was inaccurate or to be deleted, the 
receiving Party shall be notified without delay. The latter shall be obliged to carry out 
the correction or deletion. 
5. Without prejudice to cases of prevailing public interest, the person concerned may 
obtain, upon request, information on the data stores and the purpose of this storage. 
Article 11 
Use of information 
1. Information obtained shall be used solely for the purposes of this Protocol and may be 
used within each Party for other purposes only with the prior written consent of the 
administrative authority which furnished the information and shall be subject to any 
restrictions laid down by that authority. 
2. Paragraph 1 shall not impede the use of information in any judicial or administrative 
proceedings subsequently instituted for failure to comply with customs legislation. 
19 
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The Parties may, in their records of evidence, reports and testimonies and in 
proceedings and charges brought before the courts, use as evidence information 
obtained and documents consulted in accordance with the provisions of this Protocol. 
Article 12 
Experts and witnesses 
An official of a requested authority may be authorized to appear, within the limitations of 
the authorization granted, as expert or witness in judicial or administrative proceedings 
regarding the matters covered by this Protocol in the jurisdiction of another Party, and 
produce such objects, documents or authenticated copies thereof, as may be needed for 
the proceedings. The request for an appearance must indicate specifically on what matters 
and by virtue of what title or qualification the official will be questioned. 
Article 13 
Assistance expenses 
The Parties shall waive all claims on each other for the reimbursement of expenses 
incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and 
witnesses and to interpreters and translators who are not dependent upon public services. 
Article 14 
Implementation 
1. The management of this Protocol shall be entrusted to the central customs authorities 
of the Republic of Kazakhstan on the one hand and the competent services of the 
Commission of the European Communities and, where appropriate, the customs 
authorities of the Member States of the European Union on the other. They shall 
decide on all practical measures and arrangements necessary for its application, taking 
into consideration rules in the field of data protection. They may recommend to the 
competent bodies amendments which they consider be made to this Protocol. 
2. The Parties shall consult each other and subsequently keep each other informed of the 
detailed rules of implementation which are adopted in accordance with the provisions 
of this Protocol. 
Article 15 
Complementarity 
1. This Protocol shall complement and not impede the application of any agreements on 
mutual assistance which have been concluded or may be concluded between individual 
or several Member States of the European Union and the Republic of Kazakhstan. Nor 
shall it preclude more extensive mutual assistance granted under such agreements. 
20 
ij? 
2. Without prejudice to Article 11, these agreements do not prejudice Community 
provisions governing the communication between the competent services of the 
Commission and the customs authorities of the Member States of any information 
obtained in customs matters which could be of Community interest. 
21 
V 
JOINT DECLARATION CONCERNING ARTICLE 7 
The Community and the Republic of Kazakhstan declare that the text of the safeguard 
clause does not grant GATT safeguard treatment. 
22 
> 
JOINT DECLARATION CONCERNING ARTICLE 14 
Within the limits of their respective competences, the Parties agree that for the purpose 
of the Agreement, intellectual, industrial and commercial property includes in particular 
copyright, including the copyright in computer programs, and neighbouring rights, the 
rights relating to patents, industrial designs, geographical indications, including 
appellations of origin, trademarks and service marks, topographies of integrated circuits 
as well as protection against unfair competition as referred to in Article 10 bis of the Paris 
Convention for the protection of Industrial Property and protection of undisclosed 
information on know-how. 
23 
"V 
JOINT DECLARATION CONCERNING ARTICLE 27 
The Parties agree, for the purpose of its correct interpretation and its practical application, 
that the term "cases of special urgency" included in Article 27 of the Agreement means 
cases of material breach of the Agreement by one of the Parties. A material breach of the 
Agreement consists in 
a) repudiation of the Agreement not sanctioned by the general rules of international law 
or 
b) violation of the essential elements of the Agreement set out in Article 1. 
24 
12. 
Unilateral declaration by the Republic of Kazakhstan concerning the 
protection of intellectual, industrial and commercial property rights 
The Republic of Kazakhstan declares that : 
1. By the end of the fifth year after entry into force of the Agreement, the 
Republic of Kazakhstan shall accede to the multilateral conventions on 
intellectual, industrial and commercial property rights referred to in Paragraph 2 
of this declaration to which Member States of the Community are parties or 
which are de facto applied by Member States according to the relevant provisions 
contained in these conventions. 
2. Paragraph 1 of this declaration concerns the following multilateral conventions: 
- Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 
1971); 
- International Convention for the Protection of Performers, Producers of 
Phonograms and Broadcasting Organizations (Rome, 1961); 
- Protocol relating to the Madrid Agreement concerning the International 
Registration of Marks (Madrid, 1989); 
- Nice Agreement concerning the International Classification of Goods and 
Services for the purposes of the Registration of Marks (Geneva 1977, amended 
1979); 
- Budapest Treaty on the International Recognition of the Deposit of Micro­
organisms for the purposes of Patent Procedures (1977, modified in 1980); 
- International Convention for the Protection of New Varieties of Plants (UPOV) 
(Geneva Act, 1978) 
3. The Republic of Kazakhstan confirm the importance it attaches to the obligations 
arising from the following multilateral conventions: 
- Paris Convention for the Protection of Industrial Property (Stockholm Act, 
1967 and amended in 1979); 
- Madrid Agreement concerning the International Registration of Marks 
(Stockholm Act, 1967, and amended in 1979); 
- Patent Cooperation Treaty (Washington 1970, amended and modified in 1979 
and 1984); 
4. From the entry into force of this Agreement the Republic of Kazakhstan shall 
grant to Community companies and nationals, in respect of the recognition and 
protection of intellectual, industrial and commercial property, treatment no less 
favourable than that granted by it to any third country under bilateral agreements. 
5. The provisions of paragraph 4 shall not apply to advantages granted by the 
Republic of Kazakhstan to any third country on an effective reciprocal basis or to 
advantages granted by the Republic of Kazakhstan to another country of the 
former USSR. 
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13 
ISSN 0254-1475 
COM(95) 29 final 
DOCUMENTS 
EN 02 U 
Catalogue number : CB-CO-95-048-EN-C 
ISBN 92-77-85550-9 
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