EUROPEISKA GEMENSKAPERNAS KOMMISSION 
KOM(95) 44 slutliga 
Bryssel, den 22.02.1995 
95/ 0057(AVC) 
Förslag till 
rådets och kommissionens beslut om slutande av partnerskaps- och samarbetsavtal 
mellan Europeiska gemenskaperna och deras medlemsstater å ena sidan och 
Vitryssland å andra sidan 
(Framlagt av kommissionen) 

Explanatory memorandum 
1. The attached proposal for a Council and Commission Decision constitutes the legal 
instrument for the conclusion of the Partnership and Cooperation Agreement between the 
European Communities and their Member States, on the one hand, and the Republic of 
Belarus, on the other. 
2. Following the Council's adoption of the negotiating directives on 5 October 1992, 
negotiations with the Republic of Belarus were held in the course of 1993 and 1994. After 
three rounds of negotiations, the Agreement was initialled on 22 December 1994. 
3. The Agreement is a mixed agreement covering areas for which both the Communities and 
the Member States are competent, and is concluded for an initial period often years. 
It establishes a political dialogue. The Agreement covers also trade in goods, labour 
conditions, establishment and operation of companies, cross-border supply of services, 
payments and capital, competition, intellectual, industrial and commercial property protection, 
legislative cooperation, economic cooperation, cultural cooperation and financial cooperation. 
The Agreement contains a clause which allows it to be suspended, even unilaterally, if it is 
considered that there has been a breach of the essential elements underlying the Agreement i.e. 
respect for democracy, human rights and the principles of the market economy. 
The Agreement sets out an institutional framework for its implementation with a Cooperation 
Council, a Cooperation Committee and a Parliamentary Cooperation Committee. 
The Agreement refers to the prospect of a future free trade area. In 1998, circumstances will 
be assessed in order to see whether negotiations can begin with a view to a free trade 
agreement. 
Customs cooperation is covered by a separate protocol. 
4. The Agreement will, as far as relations between the Community and the Republic of 
Belarus are concerned, replace the Agreement on Trade and Commercial and Economic 
Cooperation between the European Economic Community and the European Atomic Energy 
Community, and the USSR, signed on 18 December 1989. 
5. The procedures of the three Communities (EC, EAEC and ECSC) for signing and 
concluding the Agreement differ. 
In the case of the EC, account will have to be taken of Opinion 1/94 delivered by the Court of 
Justice on 15 November 1994 on the competence of the European Community to conclude the 
agreements reached during the Uruguay Round. 
A& 
For the purpose of concluding the Agreement: 
-the Council will conclude the Agreement, with the assent of the European Parliament, on 
behalf of the European Community in accordance with Article 54(2), the closing sentence 
of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235 in conjunction with Article 
228(2) and the second subparagraph of Article 228(3) of the EC Treaty by adopting the 
attached decisions; 
-the Commission will conclude the Agreement on behalf of the ECSC in accordance with 
Article 95 of the ECSC Treaty, after consulting the Consultative Committee and with the 
unanimous assent of the Council; 
-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. 
The conclusion of the Agreement will have to be ratified by all the Member States given the 
mixed nature of the Agreement. 
6. In view of the above, the Commission asks the Council to adopt the annexed decision. 
RÅDETS OCH KOMMISSIONENS BESLUT 
av den 
om slutande av partnerskaps- och samarbetsavtal mellan Europeiska 
gemenskaperna och deras medlemsstater å ena sidan och Vitryssland å andra sidan 
(../.../EKSG, EG, EURATOM) 
EUROPEISKA UNIONENS RÅD OCH 
EUROPEISKA GEMENSKAPERNAS KOMMISSION HAR BESLUTAT FÖLJANDE 
med beaktande av Fördraget om upprättandet av Europeiska kol- och stålgemenskapen, 
med beaktande av Fördraget om upprättandet av Europeiska gemenskapen, särskilt artikel 
54.2, den sista meningen i artikel 57.2 samt artiklarna 73c.2, 75, 84.2, 113 och 235 
jämförda med artikel 228.2 och det andra stycket i artikel 228.3 i detta, 
med beaktande av Fördraget om upprättandet av Europeiska atomenergigemenskapen, 
särskilt artikel 101 andra stycket i detta, 
med beaktande av Europaparlamentets samtycke, 
med beaktande av rådets godkännande i enlighet med artikel 101 i Fördraget om 
upprättandet av Europeiska atomenergigemenskapen, 
efter samråd med EKSG:s rådgivande kommitté och efter enhälligt instämmande av rådet, 
och 
med beaktande av följande: 
Partnerskaps- och samarbetsavtalet mellan Europeiska gemenskaperna och deras 
medlemsstater å ena sidan och Vitryssland å andra sidan, undertecknat den , bör 
godkännas. 
Samråd med rådgivande kommittén har ägt rum och rådet har enhälligt instämt i detta 
beslut. 
HÄRIGENOM FÖRESKRIVS FÖLJANDE. 
Artikel 1 
Partnerskaps- och samarbetsavtalet mellan Europeiska gemenskaperna och deras 
medlemsstater å ena sidan och Vitryssland å andra sidan samt protokollet och 
förklaringarna godkänns härmed å Europeiska gemenskapens, Europeiska kol- och 
stålgemenskapens och Europeiska atomenergigemenskapens vägnar. 
si^ 
De texter som avses är bifogade detta beslut. 
Artikel 2 
1. Den ståndpunkt som intas av gemenskapen i samarbetsrådet skall bestämmas av 
rådet efter förslag från kommissionen, eller, där detta är lämpligt, av 
kommissionen, i enlighet med de relevanta bestämmelserna i fördragen om 
upprättandet av Europeiska gemenskapen, Europeiska kol- och stålgemenskapen 
och Europeiska atomenergigemenskapen. 
2. Enligt artikel 72 i partnerskaps- och samarbetsavtalet skall rådets ordförande 
presidera över samarbetsrådet och presentera gemenskapens ståndpunkt. En 
representant från kommissionen skall presidera över samarbetskommittén i 
enlighet med dennas arbetsordning och presentera gemenskapens ståndpunkt. 
Artikel 3 
Rådets ordförande skall på Europeiska gemenkapens vägnar göra den anmälan som 
föreskrivs i artikel 87 a i avtalet. Kommissionens ordförande skall göra samma anmälan på 
Europeiska kol- och stålgemenskapens och Europeiska atomenergigemenskapens vägnar. 
Utfärdat i Bryssel den 
Ad 
Slutakt 
De beftillmäktigade för 
KONUNGARIKET BELGIEN, 
KONUNGARIKET DANMARK, 
FÖRBUNDSREPUBLIKEN TYSKLAND, 
HELLENSKA REPUBLIKEN, 
KONUNGARIKET SPANIEN, 
KONUNGARIKET SVERIGE, 
FRANSKA REPUBLIKEN, 
IRLAND, 
ITALIENSKA REPUBLIKEN, 
STORHERTIGDÖMET LUXEMBURG, 
KONUNGARIKET NEDERLÄNDERNA, 
PORTUGISISKA REPUBLIKEN, 
REPUBLIKEN FINLAND, 
REPUBLIKEN ÖSTERRIKE, 
FÖRENADE KONUNGARIKET STORBRITANNIEN OCH NORDIRLAND, 
avtalsslutande parter i Fördraget om upprättandet av EUROPEISKA GEMENSKAPEN, 
Fördraget om upprättandet av EUROPEISKA KOL- OCH STÅLGEMENSKAPEN, och 
Fördraget om upprättandet av EUROPEISKA ATOMENERGIGEMENSKAPEN, 
nedan kallade "medlemsstaterna", och 
EUROPEISKA GEMENSKAPEN, EUROPEISKA ATOMENERGIGEMENSKAPEN 
OCH EUROPEISKA KOL- OCH STÅLGEMENSKAPEN, nedan kallade 
"gemenskapen", 
å ena sidan, och 
At, 
de befullmäktigade för 
REPUBLIKEN VITRYSSLAND, 
å andra sidan 
som möttes året nittonhundranittiofem för undertecknandet av partnerskaps-
och samarbetsavtalet som upprättar ett partnerskap mellan Europeiska gemenskaperna 
och deras medlemsstater å ena sidan och republiken Vitryssland å andra sidan, nedan 
kallat "partnerskaps- och samarbetsavtalet", har antagit följande text: 
Partnerskaps- och samarbetsavtalet samt protokollet om ömsesidig hjälp i tullfrågor. 
De befullmäktigade för medlemsstaterna och för gemenskapen och de befullmäktigade för 
republiken Vitryssland har antagit texterna till de gemensamma förklaringar som anges 
nedan och är bifogade denna slutakt: 
Gemensam förklaring till artikel 13 i avtalet 
Gemensam förklaring till artikel 13a i avtalet 
Gemensam förklaring till artikel 28 och 28a i avtalet 
Gemensam förklaring till artikel 28a i avtalet 
Gemensam förklaring till artikel 32 i avtalet 
Gemensam förklaring till begreppet "kontroll" i artiklarna 24 b och 32 a i avtalet 
Gemensam förklaring till artikel 34 a i avtalet 
Gemensam förklaring till artikel 76 a i avtalet 
De befullmäktigade för medlemsstaterna och för gemenskapen och de befiillmäktigade för 
republiken Vitryssland har även beaktat följande skriftväxling som är bifogad denna 
slutakt: 
Skriftväxling mellan gemenskapen och republiken Vitryssland om etablering av 
företag 
De befullmäktigade för medlemsstaterna och för gemenskapen och de befullmäktigade för 
republiken Vitryssland har även beaktat följande skriftväxling utanför partnerskaps- och 
samarbetsavtalet som är bifogad denna slutakt: 
Skriftväxling om konsekvenserna av utvidgning 
y\ t 
De befullmäktigade för republiken Vitryssland har också beaktat nedan angivna förklaring 
som är bifogad denna slutakt: 
Ensidig förklaring av Franska republiken om utomeuropeiska länder och territorier 
Utfärdad i året nittonhundranittiofem. 
För Europeiska unionens råd och Europeiska gemenskapernas kommission. 
För republiken Vitryssland. 
*% 
PARTNERSHIP AND COOPERATION AGREEMENT 
NEGOTIATIONS 
WITH 
BELARUS 
Current draft text on 22/12/94 
Third round of negotiations to be held on 20-21-22/12/94 
Ak 
22/12/94 
WORKING DOCUMENT 
PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE E!IROPFfA]* 
COMMUNITIES AND THEIR MEMBER STATES. OF THE ONE PART. AND THE REPUBLIC OF 
BELARUS. OF THE OTHER PART. 
THE KINGDOM OF BELGIUM, 
THE KINGDOM OF DENMARK, 
THE FEDERAL REPUBLIC OF GERMANY, 
THE HELLENIC REPUBLIC, 
THE KINGDOM OF SPAIN, 
THE FRENCH REPUBLIC, 
IRELAND, 
THE ITALIAN REPUBLIC, 
THE GRAND DUCHY OF LUXEMBOURG, 
THE KINGDOM OF THE NETHERLANDS, 
THE PORTUGUESE REPUBLIC, 
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 
contracting parties to the Treaty establishing the European Economic Community, the Treaty establishing 
the European Coal and Steel Community, and the Treaty establishing the European Atomic Energy 
Community, 
hereinafter referred to as "Member States", and 
the EUROPEAN ECONOMIC 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, 
hereinafter referred to as "the Parties", 
CONSIDERING the links between the Community, its Member States and the Republic of Belarus and the 
common values that they share, 
-> 
RECOGNIZING that the Community and the Republic of Belarus wish to strengthen these links and to 
establish partnership and cooperation which would strengthen and widen the relaUons established in the 
past in particular by the Agreement between the European Economic Community and the European 
Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and 
Economic Cooperation, signed on 18 December 1989. 
CONSIDERING the commitment of the Community and its Member States and of the Republic of Belarus 
to strengthening the political and economic freedoms which constitute the very basis of the partnership, 
CONSIDERING the commitment of the Parties to promote international peace and security as well as the 
peaceful settlement of disputes and to co-operate to this end in the framework of the United Nations and 
the Conference on Security and Cooperation in Europe, 
WELCOMING the decision by the Republic of Belarus to become a party to the Treaty on Non-
Proliferation of Nuclear Weapons and the Strategic Arms Reduction Treaty of and the Lisbon Protocol. 
CONSIDERING the firm commitment of the Community and its Member States and of the Republic of 
Belarus to the full implementation of all principles and provisions contained in the Final Act of the 
Conference on Security and Cooperation in Europe (CSCE), the Concluding Documents of the Madrid 
and Vienna Follow Up Meetings, the Document of the CSCE Bonn Conference on Economic 
Cooperation, the Charter of Paris for a New Europe and the CSCE Helsinki Document 1992, "the 
Challenges of Change", 
RECOGNIZING in that context that support of independence, sovereignty and territorial integrity of the 
Republic of Belarus will contribute to safeguarding of peace and stability in the region of Central and 
Eastern Europe and on the European Continent as a whole, 
CONFIRMING the attachment of the Community and its Member States and of the Republic of Belarus to 
the European Energy Charter, and to the Declaration of the Lucern Conference, April 1993, 
CONVINCED of the paramount importance of the rule of law and respect for human rights, particularly 
those of minorities, the establishment of a multiparty system with free and democratic elections and 
economic liberalization aimed at setting up a market economy, 
BELIEVING that full implementation of this partnership and cooperation Agreement will both depend on 
and contribute to continuation and accomplishment of the political, economic and legal reforms in the 
Republic of Belarus, as well as the introduction of the factors necessary for cooperation, notably in the 
light of the conclusions of the CSCE Bonn Conference, 
DESIROUS of encouraging the process of regional cooperation in the areas covered by this agreement 
with the neighbouring countries in order to promote the prosperity and stability of the region, 
DESIROUS of establishing and developing regular political dialogue on bilateral and international issues 
of mutual interest, 
TAKING ACCOUNT of the Community's willingness to provide for economic cooperation and technical 
assistance as appropriate, 
BEARING IN MIND the utility of the Agreement, for further involvement of the Republic of Belarus into 
the processes of widening cooperation in neighbouring regions and in Europe and its integration into the 
world market economy, 
RECOGNIZING the changes that are taking place in the political and economic system of the Republic of 
Belarus and its efforts aimed at transition of its economy into a market economy, 
CONSIDERING the commitment of the Parties to liberalise trade, based on the principles contained in the 
General Agreement on Tariffs and Trade, 
CONSCIOUS of the need to improve gradually conditions affecting business and investment, and 
conditions in areas such as the establishment and operation of enterprises, labour, provision of services and 
conditions in areas such as the establishment and operation ofjenterprises, labour, provision of services and 
capital movements, 
CONVINCED that this Agreement will create a new climate for economic relations between the Parties 
and in particular for the development of trade and investment, which are essential to economic 
restructuring and technological modernization, 
DESIROUS of establishing close cooperation in the area of environment protection taking into account the 
interdependence existing between the Parties in this field, 
DESIROUS of developing and diversifying cultural cooperation and improving the flow ofinformation, 
Have agreed as follows : 
Article 1 
A Partnership is hereby established between the Community and its Member States of the one part, and the 
Republic of Belarus of the other part. The objectives of this partnership are: 
to provide an appropriate framework for the political dialogue between the Parties allowing the 
development of political relations, 
to promote mutually beneficial trade and investment and harmonious economic relations between 
the Parties and so to foster their sustainable economic development, 
to provide a solid basis for legislative, economic, social, financial, scientific and technical, and 
cultural cooperation, 
to support efforts of the Republic of Belarus to consolidate its democracy and to develop its 
economy and to complete the transition into a market economy. 
TITLE I : GENERAL PRINCIPLES 
Article 2 
Respect for democracy, principles of international law, and human rights as defined in particular in the 
UN 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. 
Article 3 
The Parties consider that it is essential for the future prosperity and stability of the region of the former 
Soviet Union that the newly independent states which have emerged from the dissolution of the Union of 
Soviet Socialist Republics, hereinafter called "Independent States", should maintain and develop 
cooperation among themselves in compliance with the principles of the Helsinki Final Act and with 
international law and spirit of good neighbourly relations and will make every effort to encourage this 
process. 
Article 3 bis 
The Parties undertake to consider, in particular when Belarus has further advanced in the process of 
economic reform, developments of the relevant Titles of this Agreement, in particular Title III and Article 
34, with a view to the establishment of a free trade area between them. The Cooperation Council may 
make recommendations on such developments to the Parties. Such developments shall only be put into 
effect by virtue of an agreement between the Parties in accordance with their respective procedures. The 
Parties shall consult each other in the year 1998 as to whether circumstances, and in particular Belarus's 
advances in market oriented economic reforms and the economic conditions prevailing there at that time, 
allow the beginning of negotiations on the establishment of a free trade area. 
Article 3 ter 
The Parties undertake to examine together, by mutual consent, amendments which it may be appropriate to 
make to any part of the Agreement in view of changes in circumstances, and in particular of the situation 
arising from the Republic of Belarus's accession to GATT/WTO. The first examination shall take place 
three years after the entry into force of the Agreement or when the Republic of Belarus becomes a 
Contracting Party of GATT/WTO, whichever is earlier. 
'7: • < 
TITLE n : POLITICAL DIALOGUE 
Article 4 
A regular political dialogue shall be established between the Parties which they intend to develop and 
intensify. It shall accompany and consolidate the rapprochement between the Community and the Republic 
of Belarus, support the democratic changes underway in the political life of, as well as, the process of 
economic reform in the Republic of Belarus and contribute to the establishment of new forms of 
cooperation. The political dialogue: 
shall strengthen the links of the Republic of Belarus with the Community and its Member States, and 
thus with the community of democratic nations as a whole. The economic convergence achieved 
through this Agreement will lead to more intense political relations; 
shall bring about an increasing convergence of positions on international issues of mutual concern 
thus increasing security and stability. 
shall foresee that the Parties endeavour to co-operate on matters pertaining to the strengthening of stability 
and security in Europe, the observance of the principles of democracy, the respect and promotion of human 
rights, particularly those of minorities and shall hold consultations, if necessary, on the relevant matters. 
Article 5 
At ministerial level, political dialogue shall take place within the Cooperation council established in Article 
66 and on other occasions by mutual agreement. 
Article 6 
Other procedures and mechanisms for political dialogue shall be set up by the Parties, and in particular in 
the following forms: 
regular meetings at the level of senior officials between representatives of the Community and its 
Member States on the one hand, and representatives of the Republic of Belarus on the other hand; 
taking full advantage of diplomatic channels, including appropriate contacts in the bilateral as well as 
the multilateral field, such as the United Nations, CSCE meetings and elsewhere; 
exchanging information on matters of mutual interest concerning political cooperation in Europe; 
any other means which would contribute to consolidating and developing this political dialogue. 
Article 7 
Political dialogue at parliamentary level shall take place within the framework of the Parliamentary 
Cooperation Committee established in Article 70. 
/*s<Z 
TITLE III: TRADE IN GOODS 
Article 8 
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. 
3. The provisions of paragraph I and Article 9.2 shall not apply, during a transitional period 
expiring on the date of the Republic of Belarus acceding to GATT or on the 31st December 1998, 
whichever is earlier, to advantages defined in Annex I granted by the Republic of Belarus to other 
states which have emerged from the dissolution of the USSR. 
Article 9 
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 10 
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 11 
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 13, 16, 16bis, 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 11 bis 
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. 
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 III paragraphs 8, 9, and 10 of the GATT shall be applicable mutatis mutandis between the 
Parties. 
Article 11 ter 
The following Articles of the GATT shall be applicable mutatis mutandis between the two Parties, 
(i) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d; 5; 
(ii) Article VIII; 
(hi) Article IX; 
(iv) Article X. 
Article 12 
Goods shall be traded between the Parties at market-related prices. 
Article 13 
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 substantial injury to domestic 
producers of like or direct competitive products, the Community or the Republic of Belarus, 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 Belarus as the case may be shall supply the Cooperation 
Committee with all relevant information with a view to seeking a solution acceptable to both Parties. 
3. If, as a result of the consultations, the Parties do not reach agreement within 30 days of referral to the 
Cooperation 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 Contracting Parties shall give priority to those 
which cause least disturbance to the achievement of the aims of this Agreement. „ 
Article 13bis 
Nothing in this Title, and in Article 13 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 facts and considerations on the 
basis of which a final decision is to be made. Before definitive anti-dumping and countervailing duties are 
imposed, the Parties shall do the utmost to bring about a constructive solution to the problem. 
Article 15 
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 16 
This Title III 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 with effect from 1st January 1993. 
Article 16bis 
1. Trade in products covered by the Treaty establishing the European Coai and Steel Community 
shall be governed by the provisions of this Title III, with the exception of Article 11. 
2. A contact group on coal and steel matters is 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. 
Article 17 
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 Commumnity 
and Belarus. 
^ , y<& 
TITLE IV: PROVISIONS AFFECTING BUSINESS AND INVESTMENT 
Chanter I: Labour conditions 
Article 18 
1. Subject to the laws, conditions and procedures applicable in each Member State, the Community 
and the Member States shall endeavour to ensure that the treatment accorded to Belarusian nationals 
legally employed in the territory of a Member State shall be free from any discrimination based on 
nationality, as regards working conditions, remuneration or dismissal, as compared to its own 
nationals. 
2. Subject to the laws, conditions and procedures applicable in Republic of Belarus, the Republic of 
Belarus shall endeavour to ensure that the treatment accorded to nationals of a Member State legally 
employed in the territory of Republic of Belarus shall be free from any discrimination based on 
nationality, as regards working conditions, remuneration or dismissal, as compared to its own 
nationals. 
Article 18 bis 
Coordination of Social Security 
The Parties shall conclude agreements in order: 
(i) to adopt, subject to the conditions and modalities applicable in each Member State, the provisions 
necessary for the coordination of Social Security systems for workers of Belarusian nationality, 
legally employed in the territory of a Member State. These provisions will in particular ensure that: 
all periods of insurance, employment or residence completed by such workers in the various 
Member States shall be added together for the purpose of pensions in respect of old age, invalidity 
and death and for the purpose of medical care for such workers; 
any pensions in respect of old age, death, industrial accident or occupational disease, or of 
invalidity resulting therefrom, with the exception of the special non-contributory benefits, shall be 
freely transferable at the rate applied by virtue of the law of the debtor Member state or states; 
(ii) to adopt, subject to the conditions and modalities applicable in Belarus, the provisions necessary to 
accord to workers who are nationals of a Member State and legally employed in Belarus, treatment 
similar to that specified in the second indent of paragraph (i). 
Article 18 ter 
The measures to be taken in accordance with Article 19 bis shall not affect any rights or obligations 
arising from bilateral agreements linking Belarus and the Member States where those agreements provide 
for more favourable treatment of nationals of Belarus or of the Member States. 
Article 19 
The Cooperation Council shall examine which joint efforts can be made to control illegal immigration, 
taking into account the principle and practice of readmission. 
Article 20 
The Cooperation Council shall examine which improvements can be made in working conditions for 
business people consistent with the international commitments of the Parties, including those set out in the 
document of the CSCE Bonn Conference. 
10 
The Cooperation Council shall make recommendations for the implementation of Articles 18, 19 and 20. 
2^ 11 <-^' 
Chapter II: Conditions affecting the establishment and operations of enterprises 
Article 22 
1. a) The Community and its Member States shall grant for the establishment of Belarusian companies 
in their territories treatment no less favourable than that accorded to companies of any third 
country, and this in conformity with their legislation and regulations. 
b) Without prejudice to the reservations listed in Annex III, the Community and its Member States 
shall grant to subsidiaries of Belarusian companies established in their territories a treatment no 
less favourable than that granted to any Community company, in respect of their operation, and 
this in conformity with their legislation and regulations. 
c) The Community and its Member States shall grant to branches of Belarusian companies 
established in their territories a treatment no less favourable than that accorded to branches of 
companies of any third country, in respect of their operation, and this in conformity with their 
legislation and regulations. 
2. a) Widiout prejudice to the reservations listed in Annex IV, Belarus shall grant for the establishment 
of Community companies in its territory, a treatment no less favourable than that accorded to its 
own companies or to companies of any third country whichever is the better, and this in 
conformity with its legislation and regulations. 
b) Belarus shall grant to subsidiaries and branches of Community companies, established in its 
territory, in respect of their operations, treatment no less favourable than that accorded to its own 
companies or branches, or to Belarusian subsidiaries or branches of any third country', whichever 
is the better, and this in conformity with its legislation and regulations. 
3. The provisions of paragraphs l.b) and 2.b) cannot be used so as to circumvent a Party's legislation 
and regulations applicable to access to specific sectors or activities by subsidiaries or branches of 
companies of the other Party established in the territory of such first Party. 
The treatment referred to in paragraph l.b), l.c) and 2.b) and 2.c) shall benefit companies and 
branches established in the Community and Belarus respectively at the date of entry into force of 
this Agreement and companies and branches established after that date once they are established. 
Article 23 
1. The provisions of Article 22 shall not apply to air transport, inland waterways transport and maritime 
transport, without prejudice to the provisions of Article 78. 
2. However, in respect of activities undertaken by shipping agencies for the provision of international 
maritime transport services, including intermodal activities involving a sea leg, each Party shall permit 
to the companies of the other Party their commercial presence in its territory in the form of 
subsidiaries or branches, under conditions of establishment and operation no less favourable than those 
accorded to its own companies or to subsidiaries or branches of companies of any third country, 
whichever are the better. 
- •••••• V: 
12 . '- '" 
Such activities include, but are not limited to: 
(a) marketing and sales of maritime transport and related services through direct contact with customers, 
from quotation to invoicing, whether these services are operated or offered by the service supplier 
itself or by service suppliers with which the service seller has established standing business 
arrangements; 
(b) purchase and use, on their own account or on behalf of their customers (and the resale to their 
customers) of any transport and related services, including inward transport services by any mode, 
particularly inland waterways, road and Tail, necessary for the supply of an integrated service; 
(c) preparation of documentation concerning transport documents, customs documents, or other 
documents related to the origin and character of the goods transported; 
(d) provision of business information of any means, including computerised information systems and 
electronic data interchange (subject to any non-discriminatory restrictions concerning 
telecommunications); 
(e) setting up of any business arrangement, including participation in the company's stock and the 
appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant 
provisions of this Agreement), with any locally established shipping agency; 
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. 
Article 24 
For the purposes of this Agreement: 
a) A "Community company" or a "Belarusian company" respectively shall mean a company set up in 
accordance with the laws of a Member State or of Belarus respectively and having its registered office 
or central administration or principal place of business in the territory of the Community or Belarus 
respectively. However, should the company, set up in accordance with the laws of a Member State or 
Belarus respectively, have only its registered office in the territory of the Community or Belarus 
respectively, the company shall be considered a Community or Belarusian company respectively if its 
operations possess a real and continuous link with the economy of one of the Member States or 
Belarus respectively. 
b) "Subsidiary" of a company shall mean a company which is effectively controlled by the first 
company. 
c) "Branch" of a company shall mean a place of business not having legal personality which has the 
appearance of permanency, such as the extension of a parent body, has a management and is 
materially equipped to negotiate business with third parties so that the latter, although knowing that 
there will if necessary be a legal link with the parent body, the head office of which is abroad, do not 
have to deal directly with such parent body but may transact business at the place of business 
constituting the extension. 
d) "Establishment" shall mean the right of Community or Belarusian companies as referred to in Article 
24 a) to take up economic activities by means of the setting up of subsidiaries and branches in 
Belarus or in the Community respectively. 
e) "Operation" shall mean the pursuit of economic activities. 
f) "Economic activities" shall mean activities of an industrial, commercial and professional character. 
g) With regard to international maritime transport, including intermodal operations involving a sea leg. 
shall also be beneficiaries of the provisions of this Chapter and Chapter III, nationals of the Member 
States or of Belarus established outside the Community or Belarus respectively, and shipping 
companies established outside the Community or Belarus and controlled by nationals of a Member 
State or Belarusian nationals respectively, if their vessels are registered in that Member State or in 
Belarus respectively in accordance with their respective legislations. 
Article 25 
1. Notwithstanding any other provisions of the Agreement, a Party shall not be prevented from taking 
measures for prudential reasons, including for the protection of investors, depositors, policy holders 
or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity 
and stability of the financial system. Where such measures do not conform with the provisions of the 
Agreement, they shall not be used as a means of avoiding the obligations of a Party under the 
Agreement. 
2. Nothing in the Agreement shall be construed to require a Party to disclose information relating to the 
affairs and accounts of individual customers or any confidential or proprietary information in the 
possession of public entities. 
3. For the purpose of this Agreement, "financial services" shall mean those activities described in Annex 
V. 
Article 26 
The provisions of the present Agreement shall not prejudice the application by each Party of any measure 
necessary to prevent the circumvention of its measures concerning third country access to its market, 
through the provisions of this Agreement. 
Article 27 
1. Notwithstanding the provisions of Chapter I of this Title, a Community company or a Belarusian 
company established in the territory of Belarus or the Community respectively shall be entitled to 
employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in 
force in the host country of establishment, in the territory of Belarus and the Community respectively, 
employees who are nationals of Community Member States and Belarus respectively, provided that 
such employees are key personnel as defined in paragraph 2 of this Article, and that they are 
employed exclusively by companies, subsidiaries or branches. The residence and work permits of 
such employees shall only cover the period of such employment. 
2. Key personnel of the above mentioned companies herein referred to as "organisations" are "intra­
corporate transferees" as defined in (c) of this Article in the following categories, provided that the 
organisation is a juridical person and that the persons concerned have been employed by it or have 
been partners in it (other than as majority shareholders), for at least the year immediately preceding 
such movement: 
(a) Persons working in a senior position with an organisation, who primarily direct the management of 
the establishment, receiving general supervision or direction principally from the board of directors 
or stockholders of the business or their equivalent, including: 
- directing the establishment or a department or sub-division of the establishment; 
- supervising and controlling the work of other supervisory, professional or managerial employees; 
- having the authority personally to hire and fire or recommend hiring, firing or other personnel 
actions. 
(b) Persons working within an organisation who possess uncommon knowledge essential to the 
establishment's service, research equipment, techniques or management. The assessment of such 
knowledge may reflect, apart from knowledge specific to the establishment, a high level of 
qualification referring to a type of work or trade requiring specific technical knowledge, including 
membership of an accredited profession. 
(c) An "intra-corporate transferee" is defined as a natural person working within an organisation in the 
territory of a Party, and being temporarily transferred in the context of pursuit of economic 
activities in the territory of the other Party; the organisation concerned must have its principal 
place of business in the territory of a Party and the transfer be to an establishment (branch, 
subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the 
other Party. 
Article 27bis 
1. The Parties shall use their best endeavours to avoid taking any measures or actions which render the 
conditions for the establishment and operation of each other's companies more restrictive than the 
situation existing on the day preceding the date of signature of the Agreement. 
2. The provisions of this Article are without prejudice to those of Article 32b : the situations covered by 
such Article 32b shall be solely governed by its provisions to the exclusion of any other. 
3. Acting in the spirit of partnership and cooperation and in the light of the provisions contained in 
Article 35, the Government of Belarus shall inform the Community of its intentions to submit new-
legislation or adopt new regulations which may render the conditions for the establishment or 
operation in Belarus of subsidiaries and branches of Community companies more restrictive than the 
situation existing on the day preceding the date of signature of the Agreement. The Community may 
request Belarus to communicate the drafts of such legislation or regulations and to enter into 
consultations about those drafts. 
4: Where new legislation or regulations introduced in Belarus would result in rendering the conditions 
for establishment of Community companies into its territory and for the operation of subsidiaries and 
branches of Community companies established in Belarus more restrictive than the situation existing 
on the day of signature of the Agreement, such respective legislation or regulations shall not apply 
during three years following the entry into force of the relevant act to those subsidiaries and branches 
already established in Belarus at the time of entry into force of the relevant act. 
•-^1 
Chapter IB: Cross-border supply of services between the Community 
and the Republic of Belarus 
Article 28 
1. The Parties undertake in accordance with the provisions of this Chapter to take the necessary 
steps to allow progressively the supply of services by Community or Belarusian companies who are 
established in a Party other than that of the person for whom the services are intended taking into 
account the development of the services sectors in the Parties. 
2. The Cooperation Council shall make recommendations for the implementation of paragraph 1 of 
this article. 
3. The Parties shall cooperate with the aim of developing a market oriented service sector in the 
Republic of Belarus. 
Article 28bis 
For the sectors listed in Annex VI to this Agreement, the Parties shall grant each other treatment no less 
favourable than that accorded to any third country with regard to the conditions affecting the cross border 
supply of services, by Community or Belarusian companies into the territory of Belarus or the Community 
respectively, pursuant to the legislation and regulations applicable in each Part}'. 
Article 29 
Subject to the provisions of Article 32 of this Agreement, the Parties shall permit for the sectors listed in 
Annex VI to this Agreement the temporary movement of natural persons, who are representatives of a 
Community or a Belarusian company and are seeking temporary entry for the purpose of negotiating for 
the sales of cross-border services or entering into agreements to sell cross-border services for that 
company, where those representatives will not be engaged in making direct sales to the general public or in 
supplying services themselves. 
Article 30 
1. For the sectors listed in Annex VI, each Party may regulate the conditions of cross border supply of 
services into its territory. Insofar as these regulations are of general application they shall be 
administered in a reasonable, objective and impartial manner. 
2. Paragraph 1 is without prejudice to the provisions of Articles 28bis and 32e. 
3. By the end of the third year after signature of the Agreement at the latest, the Parties shall examine 
within the Cooperation Council: 
- measures introduced by either Party since the signature of the Agreement which affect the cross-border 
supply of services covered by Article 28bis; and 
- whether it is possible for the Parties to assume: 
- the obligation not to take any measures or actions which may render the conditions for the cross-border 
supply of services covered by Article 28bis more restrictive than the situation existing at the time of 
such examination, or 
- other obligations affecting their freedom of action 
- in areas agreed between the Parties in respect of the commitments assumed in Article 28bis. 
If after such examination one Party is of the view that measures introduced by the other Party since the 
signature of the Agreement result in a situation which is significantly more restrictive in respect of 
cross-border supply of services covered by Article 28bis as compared with the situation existing at the 
date of signature of the Agreement, such first Party may request the other Party to enter into 
consultations. In such case the provisions of Part A of Annex VII shall apply. 
4. In furtherance of the aims of this Article, measures shall be taken as indicated in Part B of Annex VII. 
5. The provisions of this Article are without prejudice to those of Article 32b: the situations covered by 
such Article 32b shall be solely governed by its provisions to the exclusion of any other. 
Article 30bis 
1. The Parties undertake to apply effectively the principle of unrestricted access to the international 
maritime market and traffic on a commercial basis. 
a) The above provision does not prejudice the rights and obligations arising from the United 
Nations Code of Conduct for Liner Conferences, as applicable to one or other Contracting 
Party to the present Agreement. Non-conference lines will be free to operate in competition 
with a conference as long as they adhere to the principle of fair competition on a commercial 
basis. 
b) The Parties affirm their commitment to a freely competitive environment as being an essential 
feature of the dry and liquid bulk trade. 
2. In applying the principles of paragraph 1, the Parties shall: 
a) not apply, as from entry into force of this agreement, any cargo sharing provisions of bilateral 
agreements between any Member State of the Community and the former Soviet Union; 
b) not introduce cargo sharing clauses in future bilateral agreements with third countries, other 
than in those exceptional circumstances where liner shipping companies from one or other Party 
to the present agreement would not otherwise have an effective opportunity to apply for trade to 
and from the third country concerned; 
c) prohibit cargo sharing arrangements in future bilateral agreements concerning dry and liquid 
bulk trade; 
d) abolish, upon entry into force of this Agreement, all unilateral measures, administrative, 
technical and other obstacles which could have restrictive or discriminatory effects on the free 
supply of services in international maritime transport. 
Each Party shall grant, inter alia, no less favourable treatment for the ships operated bv 
nationals or companies of the other party than that accorded to a Party's own ships with regard 
to access to ports open to international trade, the use of infrastructure and auxiliary maritime 
services of the ports, as well as related fees and charges, customs facilities and the assignment 
of berths and facilities for loading and unloading. 
3. Nationals and companies of the Community providing international maritime transport services shall 
be free to provide international sea-river services in the inland waterways of the Republic of Belarus 
and vice versa. 
Article 30ter 
With a view to assuring a co-ordinated development of transport between the Parties, adapted to their 
commercial needs, the conditions of mutual market access and provision of services in transport bv road. 
17 ^..->. 
rad and inland waterways and, if applicable, in air transport may be dealt with by specific agreements 
where appropriate negotiated between the Parties as defined in Article 75d after entry mto force of this 
Agreement. 
? i8 /y^ 
Chapter IV: General Provisions 
Article 31 
1. The provisions of this Title shall be applied subject to limitations justified on grounds of public 
policy, public security or public health. 
2. They shall not apply to activities which in the territory of either Party are connected, even 
occasionally, with the exercise of official authority. 
Article 32 
For the purpose of Title IV, nothing in this Agreement shall prevent the Parties from applying 
their laws and regulations regarding entry and stay, work, labour conditions and establishment 
of natural persons and supply of services, provided that, in so doing, they do not apply them in a 
manner as to nullify or impair the benefits accruing to any Party under the terms of a specific 
provision of the Agreement. The above provision does not prejudice the application of Article 31. 
Article 32a 
Companies which are controlled and exclusively owned by Belarusian companies and Community 
companies jointly shall also be beneficiaries of the provisions of Chapters II, III and IV of this Title. 
Article 32b 
Treatment granted by either Party to the other hereunder shall, as from the day one month prior to the date 
of entry into force of the relevant obligations of the GATS, in respect of sectors or measures covered by 
the GATS, in no case be more favourable than that accorded by such first Party under the provisions of 
GATS and this in respect of each service sector, sub-sector and mode of supply. 
Article 32c 
For the purposes of Chapters II, III and IV of this Title, no account shall be taken of treatment accorded 
by the Community, its Member States or Belarus pursuant to commitments entered into in economic 
integration agreements in accordance with the principles of Article V of the GATS. 
Article 32d 
1. The Most Favoured Nation treatment granted in accordance with the provisions of this Title shall not 
apply to the tax advantages which the Parties are providing or will provide in the future on the basis 
of agreements to avoid double taxation, or other tax arrangements. 
2. Nothing in this Title shall be construed to prevent the adoption or enforcement by the Parties of anv 
measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of 
agreements to avoid double taxation and other tax arrangements, or domestic fiscal legislation. 
3. Nothing in this Title shall be construed to prevent Member States or Belarus from distinguishing, in 
the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in 
identical situations, in particular as regards their place of residence. 
i9 v; 
Article 32e 
Without prejudice to Article 27, no provision of Chapters II, III and IV hereof shall be interpreted as 
giving the right to: 
- nationals of the Member States or of Belarus respectively to enter, or stay in, the territory of Belarus or 
the Community respectively in any capacity whatsoever, and in particular as a shareholder or partner in 
a company or manager or employed thereof or supplier or recipient of services; 
- Community subsidiaries or branches of Belarusian companies to employ or have employed in the 
territory of the Community nationals of Belarus; 
- Belarusian subsidiaries or branches of Community companies to employ or have employed in the 
territory of Belarus nationals of the Member States; 
- Belarusian companies or Community subsidiaries or branches of Belarusian companies to supply 
worker who are Belarusian nationals to act for and under the control of other persons by temporary 
employment contracts; 
- Community companies or Belarusian subsidiaries or branches of Community companies to supply-
workers who are nationals of the Member States tö act for and under the control of other persons bv 
temporary employment contracts. 
20 ' '"^ 
TITLE V: Current payments and capital 
Article 33 
1. 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, services or persons made in accordance with the provisions 
of the present Agreement. 
2. With regard to transactions on the capital account of balance of payments, from entry into force of 
the Agreement the free movement of capital relating to direct investments made in companies 
formed in accordance with the laws of the host country and investments made in accordance with 
the provisions of Chapter II of Title IV, and the liquidation or repatriation of these investments 
and of any profit stemming therefrom shall be ensured. 
3. Without prejudice to Paragraph 2 or to Paragraph 5, as from entry into force of this Agreement, no 
new foreign exchange restrictions on the movement of capital and current payments connected 
therewith between residents of the Community and the Republic of Belarus shall be introduced and 
the existing arrangements shall not become more restrictive. 
4. The Parties shall consult each other with a view to facilitate the movement of forms of capital other 
than those referred to in paragraph 2 between the Community and the Republic of Belarus, in order 
to promote the objectives of the present Agreement. 
5. With reference to the provisions of this Article, until a full convertibility of the Belarusian currency 
within the meaning of Article VIII of the articles of agreement of the International Monetary Fund is 
introduced, the Republic of Belarus may in exceptional circumstances apply exchange restrictions 
connected with the granting or taking up of short and medium-term financial credits to the extent that 
such restrictions are imposed on the Republic of Belarus for the granting of such credits and are 
permitted according to the Republic of Belarus's status under the IMF. 
The Republic of Belarus shall apply these restrictions in a non-discriminatory manner. They shall be 
applied in such a manner as to cause the least possible disruption to this Agreement. The Republic 
of Belarus shall inform the Cooperation Council promptly of the introduction of such measures and 
of any changes therein. 
"6. Without prejudice to paragraph 1 and 2, where, in exceptional circumstances, movements of capital 
between the Community and the Belarus cause, or threaten to cause, serious difficulties for the 
operation of exchange rate policy or monetary policy in the Community or Belarus, the Community 
and Belarus, respectively, may take safeguard measures with regard to movements of capital between 
the Community and Belarus for a period not exceeding six months if such measures are strictly 
necessary. 
~^~ 
21 
TITLE VI: 
COMPETITION. INTELLECTUAL. INDUSTRIAL AND COMMERCIAL 
PROPERTY PROTECTION AND LEGISLATIVE COOPERATION 
Article 34 
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 Belarus. 
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 thev 
affect trade between the Community and the 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 
discrimination 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 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 Belarus to an extent 
contrary to the Parties' respective interests. This provision shall not obstruct the performance, in law 
or fact, 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. 
Consultations may take place within the Cooperation Committee at the request of the Community or 
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. 
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. 
The above provisions in no way affect the Parties' rights to apply adequate measures, notably those 
referred to in Article 14, in order to address distortions of trade in goods or services. 
n 
Article 34a 
1. Pursuant to the provisions of this Article and of Annex VH1, 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 
existing in the Community, including effective means of enforcing such rights. 
2. By the end of the fifth year after entry into force of the Agreement, Belarus shall accede to the 
multilateral conventions on intellectual, industrial and commercial property rights referred to in 
Paragraph 1 of Annex VIII 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. 
Article 35 
1. The Parties recognize that an important condition for strengthening the economic links between the 
Republic of Belarus and the Community is the approximation of the Republic of Belarus' existing 
and future legislation to that of the Community. The Republic of Belarus shall endeavour to ensure 
that its legislation will be gradually made compatible with that of the Community. 
2. The approximation of laws shall extend to the following areas in particular: customs law, 
company law, banking law, company accounts and taxes, intellectual property, general and 
professional education, protection of workers at the workplace, financial services, rules on 
competition, public procurement, protection of health and life of humans, animals and plants, the 
environment, consumer protection, indirect taxation, technical rules and standards, nuclear laws and 
regulations, rules regulating the movement and use of gold and silver, and transport. 
3 The Community shall provide the Republic of Belarus with technical assistance for the 
implementation of these measures, which may include i.e.: 
- the exchange of experts, 
- the provisions of early information specially on relevant legislation, 
- organization of seminars, 
- training activities, 
- aid for translation of Community legislation in the relevant sectors. 
TITLE VII ECONOMIC COOPERATION 
Article 36 
1. The Community and the Republic of Belarus shall establish economic cooperation aimed at 
contributing to the process of economic reform and recovery and sustainable development of the 
Republic of Belarus. Such cooperation shall strengthen existing economic links, to the benefit of both 
parties. 
2. Policies and other measures will be designed to bring about economic and social reforms and 
restructuring in the Republic of Belarus and will be guided by the requirements of sustainability and 
harmonious social development; they will also fully incorporate environmental considerations. 
3. To this end the cooperation will concentrate on industrial cooperation, investment promotion and 
protection, public procurement, standards and conformity assessment, mining and raw materials, 
science and technology, education and training, agriculture and the agro-industrial sector, energy, 
environment, transport, telecommunications, financial services, money laundering, monetary policy, 
regional development, social cooperation, tourism, small and medium sized entreprises, information 
and communication, consumer protection, customs, statistical cooperation, economics and drugs." 
4. Where appropriate, economic cooperation and other forms of cooperation provided for in this 
Agreement may be supported by technical assistance from the Community, taking into account 
the Community's relevant Council regulation applicable to technical assistance in the Independent 
States, the priorities agreed upon in the indicative programme related to European Community 
technical assistance to the Republic of Belarus and its established co-ordination and implementation 
procedures. Special attention shall be devoted to measures capable of fostering cooperation between 
the Independent States with a view to stimulating a harmonious development of the region. 
5. The Cooperation Council shall make recommendations as to the development of cooperation in fields 
identified in paragraph 3 of this Article. 
Article 37 
Industrial cooperation 
1. Cooperation shall aim at promoting the following in particular: 
the development of business links between economic operators of both sides ; 
Community participation in the Republic of Belarus' efforts to restructure its industry; 
the improvement of management; 
the development of appropriate commercial rules and practices; 
environmental protection. 
adaptation of the structure of industrial production to the standards of an advanced market economy, 
the conversion of the military-industrial complex. 
2. The provisions of this article shall not affect the enforcement of Community competition rules 
applicable to undertakings. 
24 . -•'-'"'*' 
Article 38 
Investment promotion and protection 
1. Bearing in mind the respective powers and competences of the Community and the Member States, 
cooperation shall aim to establish a favourable climate for private investment, both domestic and 
foreign, especially through better conditions for investment protection, the transfer of capital and the 
exchange ofinformation on investment opportunities. 
2. The particular aims of cooperation shall be: 
- the conclusion, where appropriate, between the Member States and the Republic of 
Belarus, of agreements for the promotion and protection of investment; 
- the conclusion, where appropriate, between the Member States and die Republic of 
Belarus, of agreements to avoid double taxation; 
- the creation of favourable conditions for attracting foreign investments into the 
Belarusian economy; 
- to establish stable and adequate business law and conditions, and to exchange 
information on laws, regulations and administrative practices in the field of 
investment; 
- to exchange information on investment opportunities in the form of inter alia trade 
fairs, exhibitions, trade weeks and other events. 
Article 39 
Public Procurement 
The Parties shall co-operate to develop conditions for open and competitive award of contracts for goods 
and services in particular through calls for tenders. 
Article 40 
Cooperation in the field of standards and conformity assessment 
1. Cooperation between the Parties shall promote alignment with internationally agreed criteria, principles 
and guidelines followed in the field of quality. The required actions will facilitate progress towards 
mutual recognition in the field of conformity assessment, as well as the improvement of Belarusian 
product quality. 
2. To this end they shall seek: 
to promote appropriate cooperation between organisations and institutions specialised in these fields; 
to promote the use of Community technical regulations and the application of European standards 
and conformity assessment procedures; 
to permit the sharing of experience and technical information in the field of quality management.] 
25 
Article 41 
Mining and raw materials 
1. The Parties shall aim at increasing investment and trade in mining and raw materials. 
2. The cooperation shall focus in particular on the following areas: 
exchange of information on the prospects of the mining and non-ferrous metals sectors, 
the establishment of a legal framework for cooperation, 
trade matters, 
the adoption and implementation of environmental legislation, 
training. 
the development of legislative and other measures in the field of environmental protection 
safety in the mining industry 
Article 42 
Cooperation in science and technology 
1. The Parties shall promote cooperation in civil scientific research and technological development 
(RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate 
access to their respective programmes and subject to appropriate levels of effective protection of 
intellectual, industrial and commercial property rights (IPR). 
2. Science and technology cooperation shall cover: 
the exchange of scientific and technical information; 
joint RTD activities; 
training activities and mobility programmes for scientists, researchers and technicians engaged 
in RTD in both sides. 
Where such cooperation takes the form of activities involving education and/or training, it should be 
carried out in accordance with the provisions of article 48. 
The Parties, on the basis of mutual agreement, can engage in other forms of cooperation in science 
and technology. 
In carrying out such cooperation activities, special attention shall be devoted to the redeployment of 
scientists, engineers, researchers and technicians which are or have been engaged in research on/and 
production of weapons of mass destruction. 
3. The Cooperation covered by this article shall be implemented according to specific arrangements to 
be. negotiated and concluded in accordance with the procedures adopted by each party, and which 
shall set out, inter alia, appropriate IPR provisions. 
Article 43 
Education and training 
1. The Parties shall co-operate with the aim of raising the level of general education and professional 
qualifications in the Republic of Belarus, both in the public and private sectors. 
2. The cooperation shall focus in particular on the following areas: 
updating higher education and training systems in the Republic of Belarus; 
26 > ; -
the training of public and private sector executives and civil servants in priority areas to be 
determined; 
cooperation between educational establishments and between educational establishments and 
firms; 
mobility for teachers, graduates, administrators young scientists and researchers and young 
people; 
promoting teaching in the field of European Studies within the appropriate institutions; 
teaching Community languages; 
training journalists; 
postgraduate training in conference interpretation; 
training of trainers. 
3. The possible participation of one Party in the respective programmes in the field of education and 
training of the other Party could be considered in accordance with their respective procedures and, 
where appropriate, institutional frameworks and plans of cooperation will then be established 
building on participation of the Republic of Belarus in the Community's TEMPUS programme. 
Article 44 
Agriculture and the agro-industrial sector 
The purpose of cooperation in this area shall be the pursuance of agrarian reform; the modernisation, 
privatisation and restructuring of agriculture, the agro-industrial and services sectors in the Republic of 
Belarus; and the development of domestic and foreign markets for Belarusian products, in conditions that 
ensure the protection of the environment, and taking into account the necessity to improve security of food 
supply. The Parties shall also aim at the gradual approximation of Belarusian standards to Community 
technical regulations concerning industrial and agricultural food products including sanitary and 
phytosanitary standards. 
Article 45 
Energy 
1. Cooperation shall take place within the principles of the market economy and the European Energy 
Charter against a background of the progressive integration of the energy markets in Europe. 
2. The cooperation shall include among others the following areas: 
the environmental impact of energy production supply and consumption, in order to minimise 
the environmental damage resulting from these activities; 
improvement of the quality and security of energy supply including diversification of suppliers, 
in an economic and environmentally sound manner; 
formulation of energy policy; 
improvement in management and regulation of the energy sector in line with a market economy; 
the introduction of the range of institutional, legal, fiscal and other conditions necessary to 
encourage increased energy trade and investment; 
promotion of energy saving and energy effectiveness; 
modernisation, development and diversification of energy infrastructure; 
improvement of energy technologies in supply and end use across the range of energy types; 
management and technical training in the energy sector. 
J s 
ii y 
ArtiçMy 
Environment 
1. Bearing in mind the European Energy Charter and the Declaration of the Luzem Conference 1993, 
the Parties shall develop and strengthen their cooperation in the broad field of environmental 
protection, including disaster planning and other emergency situations as well as to address the 
consequences of the Chernobyl disaster. 
2. Cooperation shall aim at combating the deterioration of the environment and in particular : 
- effective monitoring of pollution levels and assessment of environment; system of 
information on the state of the environment; 
- combatting local, regional and transboundary air and water pollution; 
- ecological restoration; 
- sustainable, efficient and environmentally effective production and use of energy; safety 
of industrial plants; 
- classification and safe handling of chemicals; 
- water quality; 
- waste reduction, recycling and safe disposal, implementation of the Basle Convention; 
- the environmental impact of agriculture, soil erosion, and chemical pollution; 
- the protection of forests; 
- the conservation of biodiversity, protected areas and sustainable use and management 
of biological resources; 
- land-use planning, including construction and urban planning; 
- use of economic and fiscal instruments; 
- global climate change; 
- environmental education and awareness; 
- implementation of the Espoo Convention on Environmental Impact Assessment in a 
transboundary context. 
3. Cooperation shall take place particularly through : 
- planning for the handling of disasters and other emergency situations; 
- exchange of information and experts, including information and experts dealing with the 
transfer of clean technologies and the safe and environmentally sound use of 
biotechnologies; 
- joint research activities; 
- improvement of laws towards Community standards; 
- cooperation at regional level, including cooperation within the framework of the European 
Environment Agency, and at international level; 
- development of strategies, particularly with regard to global and climatic issues and also 
in view of achieving sustainable development; 
- environmental impact studies. 
Article 47 
Transport 
1. The Parties shall develop and strengthen their cooperation in the field of transport. 
2. This cooperation shall, inter alia, aim at restructuring and modernising transport systems and networks 
in the Republic of Belarus and developing and ensuring, where appropriate, compatibility of 
transportation systems in the context of achieving a more global transport system. 
28 ..'•,''' 
The cooperation shall include, inter alia : 
- the modernising of management and operations of road transport, railways, ports and airports 
- modernisation and development of railways, waterways, road, port, airport and air navigation 
infrastructure including the modernisation of major routes of common interest and the trans-
European links for the above modes; 
- promotion and development of multi-modal transport; 
- the promotion of joint research and development programmes; 
- preparation of the legislative and institutional framework for policy development and 
implementation including privatisation of the transport sector. 
3. The Parties agree to promote, through technical assistance, the improvement of conditions, the 
reduction of waiting times and the easing of transit at the border crossings on the Belarusian sections of the 
multimodal Crete corridors n° 2 and n° 9. 
Such technical assistance could consist of appropriate training schemes as well as studies of necessary 
infrastructure, administrative, organisational and personnel requirements. 
The Parties agree to adhere to the norms set by international agreements of the European Union to secure 
interoperability. 
4. For the purpose of establishing favourable conditions for rail transport between the Parties, it is agreed 
that both Parties will, in the framework of this Agreement and through appropriate bilateral and 
multilateral mechanisms, promote: * 
- the facilitation of customs and other border clearance procedures for freight and for rolling stock; 
- cooperation in the creation of suitable rolling stock meeting the requirements of international traffic; 
- the approximation of regulations and procedures which govern international transport; 
- the development of international passenger traffic between the Member States and Belarus. 
Article 48 
Postal Services and Telecommunications 
Within their respective powers and competences the Parties shall expand and strengthen cooperation 
in the following areas: 
the establishment of policies and guidelines for the development of the telecommunications sector and 
postal services; 
development of principles of a tariff policy and marketing in telecommunications and postal services; 
encourage the development of projects for telecommunications and postal services and attracting 
investment; 
enhancing efficiency and quality of the provision of telecommunications and postal services, amongst 
others through liberalization of activities of sub-sectors; 
advanced application of telecommunications, notably in the area of electronic funds transfer; 
management of telecommunications networks and their "optimization"; 
an appropriate regulatory basis for the provision of telecommunications and postal services and for 
the use of a radio frequency spectrum; 
training in the field of telecommunications and postal services for operations in market conditions. 
29 
Article 49 
Financial Services 
Cooperation shall in particular aim at facilitating the involvement of the Republic of Belarus in universally 
accepted systems of mutual settlements. Technical assistance shall focus on: 
the development of banking and financial services, the development of common market of credit 
resources, the involvement of the Republic of Belarus in universally accepted systems of mutual 
settlements; 
the development of the fiscal system, fiscal institutions in the Republic of Belarus and the exchange of 
experience and personnel training on fiscal matters; 
the development of insurance services, which would inter alia create a favourable framework for the. 
Community's companies' participation in the establishment of joint ventures in the insurance sector in 
the Republic of Belarus, as well as the development of export credit insurance. 
This cooperation shall in particular contribute to foster the development of relations between the Republic 
of Belarus and the EC Member States in the financial services sector. 
Article 49a 
Monetary policy 
At the request of the Belarusian monetary policy authorities, the Community shall provide technical 
assistance designed to support the efforts of Belarus towards the strengthening of its own monetary 
system, achieving the eventual convertibility of its currency and the gradual adjustment of its policies to 
those of the European Monetary System. This will include informal exchange of views concerning the 
principles and the functioning of the European Monetary System. 
Article 50 
Money laundering 
1. The Parties agree on the necessity of making efforts and co-operating in order to prevent the use of 
their financial systems for laundering of proceeds from criminal activities in general and drug offences 
in particular. 
2. Cooperation in this area shall include administrative and technical assistance with the purpose of 
establishing suitable standards against money laundering equivalent to those adopted by the 
Community and international fora in this field, including the Financial Action Task Force (FATF). 
Article 51 
Regional development 
1. The Parties shall strengthen cooperation on regional development and land-use planning. 
2. To this end, they shall encourage exchange ofinformation by national, regional and local authorities on 
regional and land-use planning policy and on methods of formulation of regional policies with special 
emphasis on the development of disadvantaged areas. 
They'shall also encourage direct contacts between the respective regions and public organizations 
30 ^yV>-
responsible for regional development planning with the aim, inter alia, to exchange methods and ways 
of fostering regional development. 
Article 52 
Social cooperation 
1. With regard to health and safety, the parties shall develop cooperation between them with the aim of 
improving the level of protection of the health and safety of workers. 
The cooperation shall include notably: 
education and training on health and safety, issues with specific attention to high risk 
sectors of activity; 
development and promotion of preventive measures to combat work related diseases 
and other work related ailments; 
prevention of major accident hazards and the management of toxic chemicals; 
research to develop the knowledge base in relation to working environment and the 
health and safety of workers. 
2. With regard to employment, the cooperation shall include notably technical assistance to: 
- optimization of the labour market; 
modernisation of the job-finding and consulting services; 
planning and management of the restructuring programmes; 
encouragement of local employment development; 
exchange of information on the programmes of flexible employment, including those 
stimulating self-employment and promoting entrepreneurship. 
3. The Parties shall pay special attention to cooperation in the sphere of social protection which, inter 
alia, shall include cooperation in planning and implementing social protection reforms in the Republic 
of Belarus. 
These reforms shall aim to develop in the Republic of Belarus methods of protection intrinsic to 
market economies and shall comprise all directions of social protection. 
Article 53 
Tourism 
The Parties shall increase and develop cooperation between them, which shall include: 
facilitating the tourist trade; 
increasing the flow ofinformation; 
transferring know-how; 
studying the opportunities for joint operations. 
cooperation between official tourism bodies. 
Article 54 
Small and medium-sized enterprises 
1. The Parties shall create conditions for developing, strengthening and supporting small and medium-
sized enterprises and cooperation between SMEs in the Community and the Republic of Belarus. 
2. Cooperation shall include technical assistance, in particular in the following areas: 
— 31 //', 
the development of a legislative framework for SMEs; 
the development of an appropriate infrastructure (an agency to support SMEs, communications, 
assistance to the creation of a fund for SMEs); 
the development of technology parks. 
Article 55 
Information and communication 
The Parties shall support the development of modem methods of information handling, including the 
media, and stimulate the effective mutual exchange of information. Priority shall be given to programmes 
aimed at providing the general public with basic information about the Community, including, where 
possible, access to Community databases in full respect of intellectual property rights. 
Article 56 
Consumer Protection 
The Parties will enter into close cooperation aimed at achieving compatibility between their systems of 
consumer protection. This cooperation may include the exchange of information on legislative work 
and institutional reform, the establishment of permanent systems of mutual information on dangerous 
products, the improvement of information provided to consumers especially on prices, characteristics 
of products and services offered, the development of exchanges between the consumer interest 
representatives, increasing the compatibility of consumer protection policies and the organization of 
seminars and training periods. 
Article 57 
Customs 
1. The aim of cooperation shall be to guarantee compliance with all the provisions scheduled for 
adoption in connection with trade and fair trade and to achieve the approximation of Belarus's 
customs system to that of the Community. 
2. Cooperation shall include the following in particular: 
the exchange of information; 
the improvement of working methods; 
the introduction of the Combined Nomenclature and the single administrative document; 
the interconnection between the transit systems of the Community and Belarus; 
the simplification of inspections and formalities in respect of the carriage of goods; 
the support in the introduction of modem customs information systems; 
the organization of seminars and training periods. 
Technical assistance shall be provided where necessary. 
Without prejudice to further cooperation foreseen in this Agreement and in particular Article 60, the 
mutual assistance between administrative authorities in customs matters of the Parties shall take 
place in accordance with the provisions of the Protocol attached to this Agreement. 
Article 58 
Statistical cooperation 
« •; >-; - . 
Cooperation in this area shall have as its aim the development of an efficient statistical system to 
provide the reliable statistics needed to support and monitor the process of economic reform and 
contribute to the development of private enterprise in the Republic of Belarus. 
The Parties, shall cooperate in particular, in the following fields: 
adaptation of the Belarusian statistical system to international methods, standards and classification: 
exchange of statistical information; 
provision of necessary statistical macro and microeconomic information to implement and manage 
economic reforms. 
To this end the Community shall contribute by rendering technical assistance to the Republic of 
Belarus. 
Article 59 
Economics 
The Parties shall facilitate the process of economic reform and the co-ordination of economic policies by 
co-operating to improve understanding of the fundamentals of their respective economies and the design 
and implementation of economic policy in market economies. To this end the Parties shall exchange 
information on macro economic performance and prospects. 
The Community shall provide technical assistance so as to: 
assist the Republic of Belarus in the process of economic reform by providing expert advisory and 
technical assistance, 
encourage cooperation among economists in order to expedite the transfer of know-how for the 
drafting of economic policies, and provide for wide dissemination of policy-relevant research. 
Article 60 
Drugs 
Within the framework of their respective powers and competences, the Parties shall co-operate in 
increasing the effectiveness and efficiency of policies and measures to counter the illicit production, supply 
and traffic of narcotic drugs and psychotropic substances, including the prevention of diversion of 
precursor chemicals, as well as in promoting drug demand prevention and reduction. The cooperation in 
this area shall be based on mutual consultation and close co-ordination between the Parties over the 
objectives and measures on the various drug-related fields. 
Article 60a 
Nuclear smuggling 
The Parties agree on the necessity to make efforts to cooperate, within the framework of their respective 
powers and competences, in order to combat nuclear smuggling. Co-operation in this area should include 
exchange of information, technical support for analysing and identifying the material, administrative and 
technical assistance for the insallation of efficient customs controls. Further cooperation in this field could 
be identified as need arises. 
33 / ,• 
y x. 
TITLE VII: CULTURAL COOPERATION 
Article 61 
The Parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate 
the Community's cultural cooperation programmes or those of one or more Member.States may be 
the subject of cooperation and further activities of mutual interest may be developed. 
34 ^ 
TITLE Vffl: FINANCIAL COOPERATION 
Article 62 
In order to achieve the objectives of this Agreement and in accordance with Articles 63, 64 and 65 the 
Republic of Belarus shall benefit from temporary financial assistance from the Community by way of 
technical assistance in the form of grants to accelerate the economic transformation of the Republic of 
Belarus. 
Article 63 
This financial assistance shall be covered within the framework of TACIS as foreseen in the 
Community's relevant Council Regulation. 
Article 64 
The objectives and the areas of the Community's financial assistance shall be laid down in an indicative 
programme reflecting established priorities to be agreed between the two Parties taking into account the 
Republic of Belarus's needs, sectoral absorption capacities and progress with reform. The Parties shall 
inform the Cooperation Council thereof. 
Article 65 
In order to permit optimum use of the resources available, the Parties shall ensure that Community's 
technical assistance contributions are made in close co-ordination with those from other sources such 
as the Member States, other countries, and international organisations such as the International Bank 
for Reconstruction and Development and the European Bank for Reconstruction and Development as well 
as the United Nations Development Programme (UNDP) and the IMF. 
i 
y^ 
TITLE IX : INSTITUTIONAL. GENERAL AND FINAL PROVISIONS 
Article 66 
A Cooperation Council is hereby established which shall supervise the implementation of this Agreement. 
It shall meet at ministerial level once a year. It shall examine any major issues arising within the 
framework of the Agreement and any other bilateral or international issues of mutual interest for the 
purpose of attaining the objectives of this Agreement. The Cooperation Council may also make 
appropriate recommendations, by agreement between the two Parties. 
Article 67 
1. The Cooperation Council shall consist of the members of the Council of the European Communities 
and members of the Commission of the European Communities, on the one hand, and of members 
of the Government of the Republic of Belarus, on the other. 
2. The Cooperation Council shall establish its rules of procedure. 
3. The office of President of the Cooperation Council shall be held alternately by a representative of 
the Community and bv a member of the Government of the Republic of Belarus. 
Article 68 
1. The Cooperation Council shall be assisted in the performance of its duties by a Cooperation 
Committee composed of representatives of the members of the Council of the European 
Communities and of members of the Commission of the European Communities on the one hand 
and of representatives of the Government of the Republic of Belarus on the other, normally at 
senior civil servant level. The office of President of the Cooperation Committee shall be held 
alternately by the Community and by the Republic of Belarus. 
In its rules of procedure the Cooperation Council shall determine the duties of the Cooperation 
Committee, which shall include the preparation of meetings of the Cooperation Council, and how 
the Committee shall function. 
2. The Cooperation Council may delegate any of its powers to the Cooperation Committee, which 
will ensure continuity between meetings of the Cooperation Council. 
Article 69 
The Cooperation Council may decide to set up any other special committee or body that can assist it in 
carrying out its duties and shall determine the composition and duties of such committees or bodies and 
how they shall function. 
Article 69a 
When examining any issue arising within the framework of this Agreement in relation to a provision 
referring to an article of the GATT, the Cooperation Council 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 70 
A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members of the 
Belarusian Parliament and the European Parliament to meet and exchange views. It shall meet at intervals 
which it shall itself determine. 
36 r,<s 
Article 71 
1. The ParUamentary Cooperation Committee shall consist of members of the European Parliament, on 
the one hand, and of members of the Belarusian Parliament, on the other. 
2. The Parliamentary Cooperation Committee shall establish its rules of procedure. 
3. The Parliamentary Cooperation Committee shall be presided in tum by the European Parliament and 
the Belarusian Parliament respectively, in accordance with the provisions to be laid down in its 
rules of procedure. 
Article 72 
The Parliamentary Cooperation Committee may request relevant information regarding the 
implementation of this Agreement from the Cooperation Council, which shall then supply the 
Committee with the requested information. 
The Parliamentary Cooperation Committee shall be informed of the recommendations of the 
Cooperation Council. 
The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council. 
Article 73 
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 
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. 
Article 74 
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 mil i tan-
purposes; 
37 S,<S-
(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 rnamtaining 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 technology. 
Article 75 
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 Belarusian 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 legislation to tax payers who are not in identical situations as regards their place 
of residence. 
Article 75a 
1. Each of the two Parties may refer to the Cooperation Council any dispute relating to the application or 
interpretation of this Agreement. 
2. The Cooperation Council 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 Cooperation Council 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 75b 
The Parties agree to consult promptly through appropriate channels at the request of either part}' 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 13, 13 bis, 75a 
and 76a. 
Article 75c 
Treatment granted to the Republic of Belarus hereunder shall in no case be more favourable than that 
granted by the Member States to each other. 
Article 75d 
For the purposes of this Agreement, the term "Parties" shall mean the Republic of Belarus on the one part, 
and the Community, or the Member States, or the Community and the Member States, in accordance with 
their respective powers, on the other part. 
Article 75e 
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 76 
This Agreement is concluded for an initial period of 10 years. The Agreement shall be automatically 
renewed year by year provided that neither Party gives the other Party written notice of denunciation of 
the Agreement six months before it expires. 
Article 76a 
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 Cooperation Council 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 Cooperation Council if the other 
Party so requests. 
Article 77 
Annexes I, II, III, IV, V, VI, VII, and VIII together with the Protocol on mutual assistance between 
Administrative Authorities in Customs Matters shall form an integral part of this Agreement. 
Article 78 
This Agreement shall not, until equivalent rights for individuals and economic operators have been 
achieved hereunder, affect rights assured to them through existing Agreements binding one or more 
Member States on the one hand and the Republic of Belarus on the other except in areas falling within 
Community competence and without prejudice to the obligations of Member States resulting from this 
Agreement in areas falling within their competence. 
Article 79 
This Agreement shall apply, on the one hand, to the territories in which the treaties establishing the 
European Economic 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 Belarus. 
Article 79a 
The Secretary-General of the Council of the European Union shall be the depository of this Agreement. 
'^ 39 sf.^yZ^ 
Article 80 
This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Italian, Spanish, 
Greek, Portuguese and Belarusian languages, each of these texts being equally authentic. 
Article 81 
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 in the first paragraph have been completed. 
Upon its entry into force, and as fru* as relations between the Republic of Belarus and the Community are 
concerned, this Agreement shall replace 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. 
Article 82 
In the event that, pending the completion of the procedures necessary for the entry into force of this 
Agreement, the provisions of certain parts of this Agreement are put into effect in 1994 by means of an 
interim agreement between the Community and Belarus, the Contracting Parties agree that, in such 
circumstances, the term "date of entry into force of the Agreement" shall mean the date of entry into force 
of the interim Agreement 
i 
40 <• 
LIST OF DOCUMENTS ATTACHED 
Annex I Indicative list of advantages granted by the Republic of Belarus to the Independent 
States in accordance with Article 8(3) 
Annex II Exceptional measures which derogate from the provisions of Article 11 
Annex III Community reservations in accordance with Article 22(1 )(b) 
Annex IV Belarusian reservations in accordance with Article 22(2)(a) 
Annex V Financial Services definitions (Article 25) 
Annex VI List of services for which the Parties shall grant MFN treatment in accordance with 
art 28 
Annex VII Provisions in relation to Articles 28 and 30 
Annex VIII Intellectual, industrial and commercial property' rights conventions referred to in 
Article 34a(2) 
Protocol on mutual assistance between administrative authorities in customs matters. 
41 ...^ 
ANNEX I 
Indicative list of advantages granted by the Republic of Belarus to the Independent States in accordance 
with Article 8(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 applied 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 Republic of Belarus or these countries. 
Armenia, Azerbaijan, Moldova, Estonia, Georgia, Kazakhstan, Lithuania, Russia, Tajikistan, 3 
Turkmenistan, Ukraine, Uzbekistan : special system of non-commercial operations, including 
payments resulting from these operations. 
3. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, 
Ukraine, Uzbekistan : special system of current payments. 
4. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, *» 
Ukraine, Uzbekistan : special price system in trade with some raw materials and semi-finished fc. 
products. 
5. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, 
Ukraine, Uzbekistan : special conditions of transit. 
6. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan, 
Ukraine, Uzbekistan, special conditions of customs procedures. 
i 
sCy~. 
ANNEX If 
Exceptional measures which derogate from the provisions of Article 11 
1. Exceptional measures which derogate from the provisions of Article 11 may be taken by the Republic 
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 
facing 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 the 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 31 December 1998 unless 
parties agree otherwise, or when the Republic of Belarus becomes a Contracting Part)' to GATT 
whichever is earlier. 
5. The Republic of Belarus shall inform the Cooperation Council of any measures it intends to take under 
the terms of this Annex, and, at the request of the Community, consultations shall be held in the 
Cooperation Council on such measures and the sectors to which they apply before they enter into 
force. 
43 .//^ 
ANNEX III 
Community reservations in accordance with Artide 22(1 ïïb) 
Mining 
In some Member States, a concession may be required for mining and mineral rights for non-EC controlled 
companies. 
Fishing 
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming 
under the sovereignty or within the jurisdiction of Member States of the Community is restricted to fishing 
vessels flying the flag of a Community Member State and registered in Community territory unless 
otherwise provided for. 
Real estate purchase 
In some Member States, the purchase of real estate by non-EC companies is subject to restrictions. 
Audiovisual services including radio 
National treatment concerning production and distribution, including broadcasting and other forms of 
transmission to the public, may be reserved to audiovisual works meeting certain origin criteria. 
Telecommunications services including mobile and satellite services 
Reserved services 
In some Member States market access concerning complementary services and infrastructures is restricted. 
Professional services 
Services reserved to natural persons nationals of Member States. Under certain conditions those persons 
may create companies. 
Agriculture 
In some Member States national treatment is not applicable to non-EC controlled companies which wish to 
undertake an agricultural enterprise. The acquisition of vineyards by non-EC controlled companies is 
subject to notification, or, as necessary, authorization. 
News agency services 
In some Member States limitations of foreign participation in publishing companies and broadcasting 
companies. 
44 
ANNEX IV 
Belarusian reservations in accordance with Artide 22(2)(a) 
The Republic of Belarus reserves the right to maintain limited exceptions to national treatment, as 
provided in Article 22, paragraph 2 (a), in the sectors or matters indicated below: 
- Ownership of insurance companies for foreigners is limited to 49% of the capital 
- Electric, power stations connected to the United Energy System 
- Ownership of land; exploration and exploitation of natural resources; ownership of real property: 
Community companies established in the territory of Belarus shall have, from entry into force of 
this Agreement, the right to acquire, use rent and sell real property, and as regards natural 
resources, agricultural land and forestry, the right to lease, where these are directly necessary for 
the conduct of the economic activities for which they are established. This right does not include 
the right of establishment for the purposes of dealing and agency in the area of real estate and 
natural resources. 
- Acquisition of state and municipal property in the course of denationalization and privatization 
- Special licensing requirement for dealership in Government securities of the Republic of Belarus 
- Specific licensing for the provision of common carrier, telephone, and telegraph network services 
- Ownership and specific licensing for operation of broadcast or common carrier, radio, and television 
stations 
- Customhouse brokers 
- Detective and security services 
These reservations shall apply during a transitional period not exceeding five years from the date of entry 
into force of this Agreement. They shall be applied on a non discriminatory basis. 
45 . ^c-V 
ANNEX V 
FINANCIAL SERVICES: DEFINITIONS (Artide 251 
A financial service is any service of a financial nature offered by a financial service provider of a party. 
Financial services include the following activities: 
A. All insurance and insurance-related services; 
1. Direct insurance (including co-insurance), 
(i) Jife 
(ii) non-life 
2. Reinsurance and retrocession. 
3. Insurance intermediation, such as brokerage and agency. 
4. Services auxiliary tö insurance, such as consultancy, actuarial, risk assessment and 
claim settlement services. 
B. Banking and other financial services (excluding insurance). 
1. Acceptance of deposits and other repayable funds from the public. 
2. Lending of all types, including, inter-alia, consumer credit, mortgage credit, factoring and 
financing of commercial transaction. 
3. financial leasing. 
4. All payment and money transmission services, including credit charge and debit cards, 
travellers cheques and bankers drafts. 
5. Guarantees and commitments. 
6. Trading for own account or for the account of customers, whether on an exchange, in an 
over the counter market or otherwise, the following: 
(a) money market instruments (cheques, bills, certificates of deposits, etc.) 
(b) foreign exchange 
(c) derivative products including, but not limited to, futures and options 
(d) exchange rates and interest rate instruments, including products such as swaps, 
forward rate agreements, etc. 
(e) transferable securities 
(f) other negotiable instruments and financial assets, including bullion. 
X yy~ 
46 //'•'y-^* ^ 
7. Participation in issues ofall kinds of securities, including under-writing and placement as 
agent (whether publicly or privately) and provision of services related to such issues. 
8. Money brokering. 
9. Asset management, such as cash or portfolio management, all forms of collective 
investment management, pension fund management, custodial depository and trust 
services. 
10. Settlement and clearing services for financial assets, including securities, derivative 
products, and other negotiable instruments. 
11. Advisory intermediation and other auxiliary financial services on all the activities listed in 
points 1 to 10 above, including credit reference and analysis, investment and portfolio 
research and advice, advice on acquisitions and on corporate restructuring and strategy. 
12. Provision and transfer of financial information, and financial data processing and related 
software by providers of other financial services. 
Are excluded from the definition of financial services the following activities: 
(a) Activities carried out by central banks or by any otlier public institution in pursuit of monetary and 
exchange rate policies. 
(b) Activities conducted by central banks, government agencies or departments, or public institutions, for 
the account or with the guarantee of the government, except when those activities may be carried out 
by financial service providers in competition with such public entities. 
(c) Activities forming part of a statutory system of social security or public retirement plans, except when 
those activities may be carried out by financial service providers in competition with public entities or 
private institutions. 
47 f 
ANNEX VI 
Cross-border supply of services 
List of services for which the Parties shall grant MFN treatment in accordance with art 28 
Sectors to be covered, according to the provisional Central Product Classification (CPC) of the United 
Nations Organization: 
Consultancy services relating to accounting review services: part of CPC 86212 other than "auditing 
services" 
Consultancy services relating to bookkeeping services CPC 86220 
Engineering services CPC 8672 
Integrated engineering services CPC 8673 
Advisory and Pre-design architectural services CPC 86711 
Architectural design services CPC 86712 
Urban planning and landscape architectural services CPC 8674 
Computer and related services: 
Consultancy services related to the installation of computer hardware CPC 841 
Software implementation services CPC 842 
Data base services CPC 844 
Advertising CPC 871 
Market research and opimon polling CPC 864 
Management consulting services CPC 866 
Technical testing and Analysis services CPC 8676 
Advisory and consulting services relating to agriculture, hunting and forestry 
Advisory and consulting services relating to fishing 
Advisory and consulting services relating to mining 
Printing and publishing CPC 88442 
Convention services 
Translation services CPC 87905 
Interior design services CPC 87907 
Telecommunications: 
Value added services including (but not limited to) Electronic Mail, Voice Mail, On-line information and 
Data base retrieval, Data processing, EDI, Code and Protocol conversion 
Packet and Circuit switched data services 
Construction and related engineering services: site investigation work CPC 5111 
Franchising CPC 8929 
Adult education services by correspondence part of CPC 924 
News and press agency services CPC 962 
Rental/leasing services without operators related to other transport equipment (CPC 83101 private cars, 
83102 goods transport vehicles, 83105) and relating to other machinery and equipment (CPC 83106, 
83107,83108,83109) 
Commission agents services and wholesale trade services related to import-export trade (part of CPC 621 
and 622) 
Research and development in software 
Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk 
assessment and claim settlement services 
Insurance of risks relating to: 
-_ x y 
(i) maritime shippmg and commercial aviation and space launching and freight (including satellites), 
with such insurance to cover any or all of the following: persons being transported, the goods being 
exported from or imported to, the same vehicle transporting the goods and any liability arising therefrom 
(ii) goods in international transit. 
Data processing services CPC 843 
Provision and transfer of financial information and financial data processing (see paragraphs B. 11 
and B. 12 of Annex V). 
49 y 
ANNEX VII 
Provisions in relation to Artide 30 
Part A 
The consultations shall begin within thirty days of the request therefor by the first Party. They shall be 
held with a view to reaching agreement either on: 
withdrawal by the other Party of the measures which have resulted in the significantly more 
restrictive situation; or 
adjustments of the obligations of both Parties; or 
adjustments to be made by the first Party to compensate for the more restrictive situation created by 
the other Party. 
If agreement is not reached within sixty days of the request for consultations made by the first Party, such 
first Party may make appropriate compensatory adjustments to its obligations. Such adjustments shall be 
made to the extent and for such time as is necessary to take account of the significantly more restrictive 
situation created by the other Party. Priority must be given to those measures which least disturb the 
functioning of the Agreement. The rights which economic operators have acquired under the Agreement at 
the time such adjustments are made shall not be affected by the said adjustments. 
Part B 
Acting in the spirit of partnership and cooperation the Government of Belarus shall inform the 
Community, during a transitional period of three years following the signature of the Agreement, of 
its intentions to submit new legislation or adopt new regulations which may render the conditions for 
for cross-border supply of services by Community companies or branches more restrictive than the 
situation existing on the day preceding the date of signature of the Agreement. The Community may 
request Belarus to communicate the drafts of such legislation or regulations and to enter into 
consultations about those drafts. 
Where new legislation or regulations introduced in Belarus within the transitional period mentioned in 
paragraph 1 would result in rendering the conditions for cross-border supply of services by 
Community companies or branches more restrictive than the situation existing on the day of signature 
of the Agreement, such respective legislation or regulations shall not apply to such companies and 
branches, until the expiry of a period of three years from such entry into force. 
50 ,U 
ANNEX VIII 
Intellectual, industrial and commercial property rights conventions 
referred to in Article 34a(2) 
1. Paragraph 2 of Article 34a 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, 1991). 
2. The Cooperation Council may recommend that paragraph 2 of Article 34a shall apply to other 
multilateral conventions. If problems in the area of intellectual, industrial, and commercial property 
affecting trading conditions were to occur, urgent consultation shall be undertaken, at the request of 
either Party, with a view to reaching mutually satisfactory solutions. 
3. The Parties confirm the importance they attach 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 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. 
s. y/y-
PROTOCOL 
ON MUTUAL ASSISTANCE 
BETWEEN ADMINISTRATIVE AUTHORITIES 
IN CUSTOMS MATTERS 
52 ^V.. 
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. 
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. 
53 S&-
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) 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. 
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. i 
2. Requests pursuant to paragraph 1 of this Artide 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. 
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 I 
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 authorized 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. The documents provided for in paragraph 1 may be replaced by computerized information produced in £ 
any form for the same purpose. 
s<y^ 
55 
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 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 authorization 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. 
^ ^ 56 
2. Paragraph 1 shall not impede the use ofinformation 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. r 
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 wimess in judicial or administrative proceedings regarding the matters covered by this C 
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 
I 
Implementation 
1. The management of this Protocol shall be entrusted to the central customs authorities of the Republic 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 application, taking into 
consideration rules in the field of data protection. They may recommend to the competent bodies rT 
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 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. 
JOINT DECLARATION CONCERNING ARTICLE 13 
The Community and the Republic of Belarus declare that the text of the safeguard clause does not grant 
GATT safeguard treatment. 
58 <V^> ^ 
JOINT DECLARATION CONCERNING ARTICLE 13bis 
It is understood that the provisions of Article 13bis 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. 
59 / .' s> 
I 
JOINT DECLARATION CONCERNING ARTICLE 22 
Without prejudice to the reservations listed in Annexes III and IV and to the provisions of Artides 32b and 
23e, the Parties agree that the words Min conformity with their legislation and regulations" mentioned in 
paragraphs 1 and 2 of Artide 22 mean that each Party may regulate the establishment and operation of 
companies on its territory, provided that these regulations do not create for the establishment and 
operations of companies of the other Party any new reservation resulting in a less favourable treatment 
than that accorded to their own companies or to companies or branches or subsidiaries of companies of 
any third country. 
60 
JOINT DECLARATION CONCERNING ARTICLES 28 and 28bis 
The Community declares that the cross-border supply of services as referred to in Artides 28 and 28bis 
does not imply the movement of the service supplier into the territory of the country for which the service 
is destined, nor the movement of the recipient of the service into the territory of the country from which the 
service comes. 
. <;:. 
JOINT DECLARATION CONCERNING ARTICLE 28bis 
The Parties agree that die words "pursuant to the legislation and regulations applicable in **eh Party" 
mean that each party may regulate the conditions of cross border supply of services into its territory 
provided that in so doing it does not result in a less favourable treatment for the companies of the other 
Party than that accorded to companies of any third country. 
y., 
JOINT DECLARATION CONCERNING ARTICLE 32 
The sole met of requiring a visa for natural persons of certain Parties and not for those of others shall not 
be regarded as nullifying or impairing benefits under aspedfic commitment 
/ 
JOINT DECLARATION CONCERNING THE NOTION OF "CONTROL-
IN ARTICLE 24ftrt AND ARTICLE 32a 
1. The Parties confirm their mutual understanding that the question of control shall depend on the factual 
circumstances of the particular case. 
2. A company shall, for example, be considered as being "controlled" by another company, and thus a 
subsidiary of such other company if: 
the other company holds directly or indirectly a majority of the voting rights, or 
the other company has the right to appoint or dismiss a majority of the administrative organ, of the 
management organ or of the supervisory organ and is at the same time a shareholder or member of 
the subsidiary. 
3 Both Parties consider the criteria in paragraph 2 to be non-cxhaustivc. 
. s y 
JOINT DECLARATION CONCERNING ARTICLE 34» 
The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property 
includes in particular copyright, induding 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. 
y 
JOINT DECLARATION CONCERNING ARTICLE 76a 
The Parties agree, for the purpose of its correct interpretation and its practical application, that the term 
"cases of special urgency" induded in Artide 76a 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 dements of the Agreement set out in Article 2. 
66 
UNILATERAL DECLARATION BY THE FRENCH GOVERNMENT 
The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Belarus 
does not apply to the overseas countries and territories assoaated with the European Community pursuant 
to the Treaty establishing the European Community. 
y . . •-
EXCHANGE OF LETTERS 
BETWEEN THE COMMUNITY 
AND THE REPUBLIC OF BELARUS 
IN RELATION TO THE ESTABLISHMENT OF COMPANIES 
A. Letter from the Republic of Belarus 
Dear Sir, 
I refer to the Partnership and Cooperation Agreement initialled on ...„ 1994. 
As I underlined during the negotiations, the Republic of Belarus grants to Community companies 
establishing and operating in the Republic of Belarus in certain respects a privileged treatment. I 
explained that this reflects the Bdarusian policy to promote by all means the establishment of Community 
companies in the Republic of Belarus. 
With this in mind, it is my understanding that during the period between the date of initialling of this 
Agreement and the entry into force of the relevant articles on establishment of companies, the Republic of 
Belarus shall not adopt measures or regulations which would introduce or worsen discrimination of 
Community companies vis-à-vis Belarusian companies or companies from any third country as compared 
to the situation existing on the date of initialling of this agreement. 
I would be obliged if you could acknowledge receipt of this letter. 
Please accept. Sir, the assurance of my highest consideration. 
For the Government of die Republic of Belarus 
s s 
B. Letter from the Community 
Dear Sir, 
Thank you for your letter of today's date, which reads as follows: 
T refer to the Partnership and Cooperation Agreement initialled on 1994. 
As I underlined during the negotiations, the Republic of Belarus grants to Community companies 
establishing and operating in the Republic of Belarus in certain respects a privileged treatment. I 
explained that this reflects the Belarusian policy to promote by all means the establishment of 
Community companies in the Republic of Belarus. 
With this in mind, it is my understanding that during the period between the date of initialling of this 
agreement and the entry into force of the relevant articles on establishment of companies, the Republic 
of Belarus shall not adopt measures or regulations which would introduce or worsen discrimination of 
Community companies vis-à-vis Belarusian companies or companies from any third country as 
compared to the situation existing on the date of initialling of this agreement. 
I would be obliged if you could acknowledge receipt of this letter." 
I can acknowledge receipt of this letter. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the European Communities 
70 S' ^" ~> y 
Outside the Agreement: 
Exchange of Letters 
on the consequences of enlargement 
A. Letter from the Community 
Dear Sir, 
I refer to the Partnership and Cooperation Agreement signed today and confirm that if any amendment to 
this Agreement might become necessary as a result of an enlargement of the Community, this would 
become the subject of consultations between the Parties pursuant to Article 82 and in this context account 
would be taken, to the extent possible, of the character of bilateral trade and economic relations between 
the Republic of Belarus and acceding States. 
I would be obliged if you could confirm the agreement of the Republic of Belarus to the content of this 
letter. 
B. Letter from the Republic of Belarus 
Dear Sir, 
Thank you for your letter of today's date, which reads as follows: 
"I refer to the Partnership and Cooperation Agreement signed today and confirm that if any amendment to 
this Agreement might become necessary as a result of an enlargement of the Community, this would 
become the subject of consultations between the Parties pursuant to Article 82 and in this context account 
would be taken, to the extent possible, of the character of bilateral trade and economic relations between 
the Republic of Belarus and acceding States. 
I would be obliged if you could confirm the agreement of the Republic of Belarus to the content of this 
letter." 
I can acknowledge receipt of this letter and confirm the agreement of the Republic of Belarus to its 
content. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Republic of Belarus 
71 
COMMISSION EUROPÉENNE 
FICHE FINANCIERE 
La présente proposition de décision n'a pas d'implications budgétaires directes 
Rue de la Loi 200. B-1049 Bruxelles, Belgique - Bureau: ARN 68 3-41. 
Téléphone: standard (+32-2)299.11.11, ligne directe 64263. Télécopieur: 64305. 
Télex: COMEU B 21877. Adresse télégraphique: COMEUR Bruxelles. 
>^ 
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DOKUMENT 
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