COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 28.02.1996 
COM(95)245 final 
96/053(ACC) 
Proposal for a 
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 COMMUNITY, OF THE ONE PART, AND THE 
REPUBLIC OF BELARUS, 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 BELARUS, 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 Belarus, on the other. 
2. Pending the entry into force of the Partnership and Cooperation Agreement with the 
Republic of Belarus, signed in Brussels on 6th March 1995, the Commission has, in 
accordance with the negotiating directives adopted by the Council on 14th November 
1994, negotiated an Interim Agreement with the Republic of Belarus. 
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 7th April 1995, 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 Belarus 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 will conclude tlie- 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; in this respect, the Commission 
estimate that it will be suitable to consult the European Parliament, taking especially 
account of the importance of the agreement; 
- the Commission will conclude the Agreement on behalf of the ECSC by adopting the. 
Derision contained in Annex H in accordance with Article 95 uf the ECSC Treaty, with 
the unanimous assent of the Council and following consultation uf 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 third 
paragraph of Article 101 of the hjiratora. treaty; 
6. The Interim Agreement should be signed in Jime 1995, 
7. The Commission accordingly asks the Council to adopt the proposal contained in 
Annex I and to give its assent lo the derision under Annex II 
9 AQu 
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 Belarus, of the other part, on Trade and Trade-Related Matters. 
* A I 
Proposal for 
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 BELARUS, 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 
signed in Brussels on 6th March 1995, 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 Belarus, 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 Belarus, 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 35 of the 
Interim Agreement on behalf of the European Community. 
Done at Brussels, 
1c 
ANNEX n 
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 Belarus, of the other part, on trade and trade-related 
matters. 
4/i cL 
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 BELARUS, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 
(.yEURATOMZECSC) 
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 third paragraph of Article 101 thereof, 
Having consulted the Consultative Committee and with unanimous the assent of the 
Council, 
Whereas, pending the entry into force of the Partnership and Cooperation Agreement 
signed in Brussels on 6th March 1995, 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 Belarus, 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; 
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 Belarus, 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. 
UA C 
Article 2 
The President of the Commission shall give the notification provided for in Article 35 of 
the Interim Agreement on behalf of the European Coal and Steel Community and the 
European Atomic Energy Community. 
Done at Brussels, 
H0-1 
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 BELARUS, 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 Belarus, 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 
Belarus have adopted the texts of the Joint declarations listed below and annexed to this 
Final Act: 
Joint Declaration on Article 9 of the Agreement 
Joint Declaration on Article 10 of the Agreement 
Joint Declaration on Article 17 of the Agreement 
Joint Declaration on Article 30 of the Agreement 
The plenipotentiaries of the Community have taken note of the declaration listed below 
and annexed to this Final Act : 
Unilateral declaration by the Republic of Belarus 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 Belarus 
<â A § 
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 BELARUS . OF THE OTHER PART. 
The EUROPEAN COMMUNITY, the EUROPEAN ATOMIC ENERGY COMMUNITY and 
the EUROPEAN COAL AND STEEL COMMUNITY, 
hereinafter referred to as "the Community", 
of the one part, 
and 
THE REPUBLIC OF BELARUS 
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 Belarus of the other part was signed on 6 March 
1995; 
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 estabUshment 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; 
A h «f«-
THE EUROPEAN COMMUNITY 
THE EUROPEAN COAL AND STEEL COMMUNITY : 
THE EUROPEAN ATOMIC ENERGY COMMUNITY : 
BELARUS: 
Who, having exchanged their Full Powers, found in good and due form, 
Have agreed as follows : 
TITLE I ; GENERAL PRINCIPLES 
fPCA Belarus ; Title II 
Article 1 
fPCA Belarus : Article 21 
Respect for democracy, principles of international law, and human rights as defined in particular in 
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 
this Agreement. 
TITLE II : TRADE IN GOODS 
fPCA Belarus : Title III1 
Article 2 
fPCA Belarus : Article 101 
1. The Parties shall accord to one another most-favoured-nation treatment according to Article I, 
paragraph 1 of the GATT. 
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. 
«8 UZ 
3. The provisions of paragraph 1 and Article 3 paragraph 2 shall not apply, during a transitional 
w period expiring on the date of the Republic of Belarus acceding to GATT or on 31/12/1998, 
whichever is earlier, to advantages defined in Annex I granted by the Republic of Belarus to other 
independent states, which have emerged from the dissolution of the USSR 
Article 3 
fPCA Belarus : Article 111 
1. The parties agree that the principle of free transit of goods 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 Article V, 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 Belarus : Article 121 
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 
IPCA Belarus : Article 131 
Goods originating in Belarus and the Community respectively shall be imported into the Community 
and Belarus respectively free of quantitative restrictions without prejudice to Articles 9, 12, 13, to the 
provisions of Annex II of this Agreement, 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. 
Article 6 
IPCA Belarus : Article 141 
1. The products of the territory of one Party imported into the territory of the other Party shall not be 
subject, directly or indirectly, to internal taxes or other internal charges of any kind in excess of 
those applied, directly or indirectly, to like domestic products. 
TërfJiQ 
2. Moreover, these products shall be accorded treatment no less favourable than that accorded to like 
products of national origin in respect of all laws, regulations and requirements affecting their 
internal sale, offering for sale, purchase, transportation, distribution or use. The provision of this 
paragraph shall not prevent the application of differential internal transportation charges which are 
based exclusively on the economic operation of the means of transport and not on the nationality of 
the product. 
3. Article EH, paragraphs 8,9 and 10 of the GATT shall be applicable, mutatis mutandis, between the 
Parties. 
Article 7 
IPCA Belarus : Article 151 
The following Articles of the GATT shall be applicable mutatis mutandis between the two Parties. 
(i) Article VU, paragraphs 1, 2, 3, 4a, 4b, 4d, 5; 
(ii) Article VIII; 
(in) Article EX; 
(iv) Article X. 
Article 8 
fPCA Belarus : Article 161 
Goods shall be traded between the Parties at market-related prices. 
Article 9 
fPCA Belarus : Article 171 
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 substantial injury to domestic 
producers of like or directly competitive products, the Community or the Republic of the Republic 
of Belarus , whichever is concerned, may take appropriate measures in accordance with the 
following procedures and conditions. 
Before taking any measures, or in cases to which paragraph 4 applies as soon as possible 
thereafter, the Community or the Republic of Belarus 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. 
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. 
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. 
In the selection of measures under this article, the Contracting Parties shall give priority to those 
which cause least disturbance to the achievement of the aims of this Agreement. 
w g&~ 
Article 10 
fPCÀ Belarus : Article 181 
Nothing in this Title, and in Article 9 in particular 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 on interpretation and 
application of Articles VI, XVI and XXIII of the GATT or related internal legislation. 
In respect of anti-dumping or subsidies investigations, each Party agrees to examine submissions by the 
other Party and to inform the interested parties concerned of the essential mets and considerations on 
the basis of which a final decision is to be made. Before definitive anti-dumping and countervailing 
duties are imposed, the Party shall do the utmost to bring about a constructive solution to the problem. 
Article 11 
IPCA Belarus : Article 191 
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 12 
fPCA Belarus : Article 201 
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 1st April 
1993 and applied provisionally since 1st January 1993. 
Article 13 
IPCA Belarus : Article 211 
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. 
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 Belarus on the other. 
The contact group shall exchange, on a regular basis, information on all coal and steel matters 
of interest to the Parties. 
G~ 
Article 14 
' IPCA Belarus : Article 221 
Trade in nuclear items will be conducted in accordance with the provisions of the Treaty establishing 
the European Atomic Energy Community. If necessary, trade in nuclear materials shall be subject to the 
provisions of a specific Agreement to be concluded between the European Atomic Energy Community 
and Belarus. 
fyo-
TITLE m : PAYMENTS. COMPETITION AND OTHER ECONOMIC PROVISIONS 
IPCA Belarus : Titles V and VII 
Article 15 
IPCA Belarus: Article 491 
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 Belarus 
connected with the movement of goods, made in accordance with the provisions of the present 
Agreement. 
Article 16 
IPCA Belarus : Article 501 
1. The parties agree to work to remedy or remove through the application of their competition laws or 
otherwise, restrictions on competition by enterprises or caused by State intervention insofar as they 
may affect trade between the Community and the Republic of Belarus. 
2. In order to attain the objectives mentioned in paragraph 1 : 
2.1 The Parties shall ensure that they have and enforce laws addressing restrictions on competition 
by enterprises within their jurisdiction. 
2.2 The Parties shall refrain from granting State aids favouring certain undertakings or the 
production of goods other than primary products as defined in the General Agreement on Tariffs 
and Trade, or the provision of services, which distort or threaten to distort competition insofar as 
they affect trade between the Community and the Republic of Belarus. 
2.3 Upon request by one Party, the other Party shall provide information on its aid schemes or on 
particular individual cases of State aid. No information needs to be provided which is covered by 
legislative requirements of the Parties on professional or commercial secrets. 
2.4 In the case of State monopolies of a commercial character, the Parties declare their readiness, 
as from the fourth year from the date of entry into force of their Agreement, to ensure that there is 
no œscrimination between nationals of the Parties regarding the conditions under which goods are 
procured or marketed. 
2.5 In the case of public undertakings or undertakings to which Member States of the European 
Union or the Republic of Belarus grant exclusive rights, the Parties declare their readiness, as from 
the fourth year from the date of entry into force of this Agreement, to ensure that there is neither 
enacted nor maintained any measure distorting trade between the Community and the Republic of 
Belarus to an extent contrary to the Parties' respective interests. This provision shall not obstruct 
the performance, in law or tact, of the particular tasks assigned to such undertakings. 
2.6 The period defined in paragraphs 2.4 and 2.5 may be extended by agreement of the Parties. 
3. Consultations may take place within the Joint Committee at the request of the Community or the 
Republic of Belarus on the restrictions or distortions of competition referred to in paragraphs 1 and 
2 and on the enforcement of their competition rules, subject to limitations imposed by laws 
regarding disclosure of information, confidentiality and business secrecy. Consultations may also 
comprise questions on the interpretation of paragraphs 1 and 2. 
(0 
4. The Parties with experience in applying competition rules shall give full consideration to providing 
other Parties, upon request and within available resources, technical assistance for the development 
and implementation of competition rules. 
5. The above provisions in no way affect the Parties* rights to apply adequate measures, notably those 
referred to in Article 10, in order to address distortions of trade in goods or services. 
Article 17 
IPCA Belarus : Article 511 
Pursuant to the provisions of this Article and of Annex III, Belarus 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 III, including 
comparable means of enforcing such rights. 
Article 18 
IPCA Belarus : Article 751 
Mutual assistance between administrative authorities in customs matters of the Parties shall take place 
in accordance with the protocol annexed to the agreement. 
/Sg&-
TITLE IV : INSTITUTIONAL. GENERAL AND FINAL PROVISIONS 
IPCA Belarus: Title 1X1 
Article 19 
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 85 of the 
Partnership and Cooperation Agreement is established. 
Article 20 
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. 
Article 21 
IPCA Belarus : Article 891 
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 GATT. 
Article 22 
IPCA Belarus : Article 931 
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 Belarus; 
- 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. 
me-
Article 23 
fPCA Belarus ; Article 941 
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 
on the control of dual use industrial goods and technology. 
Article 24 
IPCA Belarus : Article 951 
1. In the fields covered by this Agreement and without prejudice to any special provisions 
contained therein: 
- the arrangements applied by the Republic of Belarus 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 Belarus shall not give 
rise to any discrimination between Belarussian 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 25 
fPCA Belarus : Article 961 
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 conciliators' recommendations shall be taken by majority vote. Such recommendations shall not 
be binding upon the Parties. 
10 Bd/o 
Article 26 
IPCA Belarus ; Article 971 
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 9, 10, 25 and 
30. 
Article 27 
IPCA Belarus : Article 981 
Treatment granted to the Repubhc of Belarus hereunder shall in no case be more favourable than that 
granted by the Member States to each other. 
Article 28 
IPCA Belarus : Article 1001 
Insofar as matters covered by this Agreement are covered by the European 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 29 
1. This Agreement shall be applicable until the entry into force of the Partnership and cooperation 
Agreement signed on 6 March 1995. 
2. 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 30 
IPCA Belarus : Article 1021 
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 obhgation 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. 
Itf a (s 
Article 31 
Annexes I, II, m and the Protocol on mutual assistance between administrative authorities in customs 
matters shall form an integral part of this Agreement. 
Article 32 
fPCA Belarus : Article 1051 
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 Repubhc of Belarus. 
Article 33 
fPCA Belarus : Article 1061 
The Secretary-General of the Council of the European Union shall be the depositary of this Agreement. 
Article 34 
IPCA Belarus : Article 1071 
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, 
Italian, Swedish, Spanish, Greek, Portuguese and Belarussian languages, each of these texts being 
equally authentic. 
Article 35 
fPCA Belarus : Article 1081 
This Agreement will be approved by the Parties in accordance with their own procedures. 
This Agreement shall enter into force on the first day of the second month following the date on 
which the Parties notify the Secretary-General of the Council of the European Union that the 
procedures referred to in this paragraph have been completed. 
Upon its entry into force, and as far as relations between the Repubhc of Belarus 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. 
12 rCo 
Annex I LIST OF ANNEXES 
Indicative list of advantages granted by the Repubhc of Belarus to the other 
Independent States in accordance with Article 2 (3). 
Annex II Exceptional measures which derogate from the provisions of Article 5. 
Annex HI Intellectual, industrial and commercial property (Article 17) 
Protocol on mutual assistance in customs matters. 
H 13 
^/o-
ANNEXI 
Indicative list of advantages granted by the Repubhc of Belarus to the Independent States in accordance 
with Article 2(3). ' • 
1. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, 
Turkmenistan,, Ukraine, Uzbekistan. 
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 apphed on export and import. No excise is applied on export. 
Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, 
Turkmenistan, Ukraine, Uzbekistan - 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, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, 
Turkmenistan, Ukraine, Uzbekistan. 
Payments could be made in national currency of these countries or any other currencies accepted by 
the Repubhc of Belarus or these countries. 
Armenia, Azerbaijan, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Lithuania, Moldova, Russia, 
Ukraine, Tadjikistan, Turkmenistan, Uzbekistan- special system of non-commercial operations, 
including payments resulting from these operations. 
3. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan, 
Turkmenistan, Uzbekistan- special system of current payments. 
4. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan, 
Turkmenistan, Uzbekistan - special price system in trade with some raw materials and semi­
finished products. 
5. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan, 
Turkmenistan, Uzbekistan- special conditions of transit. 
6. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan, 
Turkmenistan, Uzbekistan- special conditions of customs procedures. 
14 
7Sdlt>-
ANNEX II 
Exceptional measures which derogate from the provisions of Article 5 
1. Exceptional measures which derogate from the provisions of Article 5 may be taken by the 
Repubhc of Belarus in the form of quantitative restrictions on a non-discriminatory basis. 
2. These measures may only concern infant industries, or certain sectors undergoing restructuring or 
racing serious difficulties, particularly where these difficulties produce important social problems. 
3. The total value of imports of the products which are subject to these measures may not exceed 15 
% of total imports from thé Community during the last year, prior to the introduction of any 
quantitative restrictions for which statistics are available. 
These provisions shall not be circumvented by increased tariff protection on the imported goods 
concerned. 
4. These measures may only be applied during a transitional period ending 31st December 1998 
unless parties agree otherwise, or when Belarus becomes a contracting Party to GATT whichever 
is earlier. 
5. The Repubhc of Belarus shall inform the Joint Committee of any measures it intends to take under 
the terms of this present Annex, and, at the request of the Community, consultations shall be held 
in the Joint Committee on such measures and the sectors to which they apply before they enter into 
force. 
Mék © 
ANNEX HI 
Intellectual. Industrial and Commercial Property (Article 17) . 
1. Community acts referred to in Article 17. 
- 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 Belarus, with a view to reaching 
mutually satisfactory solutions. 
16 
PROTOCOL 
ON MUTUAL ASSISTANCE 
BETWEEN ADMINISTRATIVE AUTHORITIES 
IN CUSTOMS MATTERS 
17 
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 admimstrative 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. 
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 apphcant authority, the requested authority shall take the necessary steps to 
18 
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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) movements of goods notified as possibly giving rise to substantial contraventions of customs 
legislation; 
(c) 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. 
(d) places 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 customs 
legislation of the other Party. 
Article 4 
Spontaneous assistance 
The Parties shall within their competences 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. 
Article 5 
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. 
19 
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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 apphcant authority malting 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. 
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. 
Iff 20 
<J) 
Article 8 
Form in which information is to be communicated 
1. The requested authority shall communicate results of enquiries to the apphcant authority in the form 
of documents, certified copies of documents, reports and the like. 
2. The 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. 
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 tact 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. 
3. 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. 
tà 22 
••-:«-.•.••'••-•;-'. V'.; 
Article 14 
Implementation 
1. The management of this Protocol shall be entrusted to the central customs authorities of the 
Repubhc of Belarus 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 
apphcation, 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 IS 
Complementarity 
1. This Protocol shall complement and not impede the apphcation 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 Belarus. Nor shall it preclude more extensive 
mutual assistance granted under such agreements. 
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. 
23 
Tôt?® 
JOINT DECLARATION CONCERNING ARTICLE 9 
The Community and the Republic of Belarus declare that the text of the safeguard clause does not grant 
GATT safeguard treatment. 
Vf 24 » 
JOINT DECLARATION CONCERNING ARTICLE 10 
It is understood that the provisions of Article 10 are neither intended to, nor shall slow down, hinder or 
impede the procedures provided for in the respective legislations of the Parties regarding anti-dumping 
and subsidies investigations. 
25 
^Sfc-
JOINT DECLARATION CONCERNING ARTICLE 17 
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 unrair 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. 
^J> 26 
JOINT DECLARATION CONCERNING ARTICLE 30 
The Parties agree, for the purpose of its correct interpretation and its practical apphcation, that the term 
"cases of special urgency" included in Article 30 of the Agreement mean 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. 
«&-
Unilateral declaration bv the Republic of Belarus concerning the protection of intellectual. 
industrial and commercial property rights 
Belarus declares that : 
1. By the end of the fifth year after entry into force of the Agreement, the Repubhc of Belarus 
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: 
- Beme 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, 1991) 
3. Belarus confirms the importance it attaches to the obhgations 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 Belarus 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 Belarus to 
any third country on an effective reciprocal basis or to advantages granted by the Republic of 
Belarus to another country of the former USSR. 
,7 28 
~"<P 
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