Proposal for COUNCIL DECISION ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND UKRAINE, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1994-07-19
Institutions: European Commission
Subjects: Ukraine, competition, customs cooperation, interim agreement (EU), trade cooperation, trading operation

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0M(94) 341 final 
Brussels, 19.07.1994 

94/0185  (CNS) 

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Proposal for 

COUNCIL DECISION 

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ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND UKRAINE, 
OF THE OTHER PART, 

ON TRADE  AND TRADE-RELATED MATTERS 

(presented  by  the  Commission) 

Draft 
COMMISSION DECISION 

CONCERNING THE  CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF 
THE ONE PART, AND UKRAINE, OF THE OTHER PART, ON TRADE AND 

TRADE-RELATED MATTERS 

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Explanatory memorandum 

1..The attached proposal for Decisions constitute the legal instrument for the conclusion 
by  the  European  Community  of  the  Interim  Agreement  between  the  European 
Community, Euratom and the European Coal and Steel Community, on the one hand, 
and Ukraine, on the other. 

2.  Pending  ratification  of  the  Partnership  and  Cooperation  Agreement  with  Ukraine, 
signed  on  14  June  1994,  the  Commission  has,  in  accordance  with  the  negotiating 
directives adopted by the Council on  13 June  1994, negotiated  an Interim Agreement 
with Ukraine. 

3.  The  Interim  Agreement  providing  for  provisional  implementation  of  the  part  of  the 
Partnership  and  Cooperation  Agreement  on  trade  and  trade-related  measures  was 
initialed in Luxembourg on  14 June 1994, and will be concluded for the period ending 
with the entry into force of the Partnership and Cooperation Agreement. 

4.  The Interim Agreement  suspends, as far as Ukraine is concerned, the trade provisions 
of the Agreement on Trade and Commercial and Economic Cooperation signed on 18 
December  1989  between  the  European  Economic  Community  and  the  European 
Atomic Energy Community, of the one part, and Union of Soviet  Socialist Republics, 
of the other part. 

5.  The procedures for  signing and concluding the Agreement  differ  between the EC and 

ECSC. 

The Agreement will be concluded as follows : 

- the Council, after consulting Parliament, will conclude the Agreement on behalf of the 
European  Community under Article  113 of the EC Treaty by adopting the Decisions 
contained in Annex I; 

- the Commission will conclude the Agreement on behalf of the ECSC by adopting the 
Decisions contained  in Annex II in accordance with Article 95 of the ECSC  Treaty, 
with  the  unanimous  assent  of  the  Council  and  following  consultation  of  the 
Consultative Committee.; 

- the Commission will conclude the Agreement on behalf of Euratom after the Council 
has approved it in accordance with the second paragraph of Article 101 of the Euratom 
treaty; 

6.  The  Interim  Agreement  should  be  signed  as  soon  as  possible  in  order  to  entry  into 

force before the end of 1994. 

7.  The  Commission  accordingly  asks  the  Council  to  adopt  the  proposals  contained  in 

Annex I and to give its assent to the decisions under Annex II. 

•ANflflXJ 

Proposal for  a Council Decision concerning the conclusion  by the  European  Community 
of  the  Interim  Agreement  between  the  European  Community,  the  European  Coal  and 
Steel Community  and  the  European  Atomic  Energy  Community,  on  the  one  part,  and 
Ukraine, of the other part, on trade and trade-related matters. 

Proposal for 

COUNCIL DECISION 

OF 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 

INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND UKRAINE, 
OF THE OTHER PART, 

ON TRADE AND TRADE-RELATED MATTERS 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 113 in conjunction with Article 228 (2) first  sentence thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
signed in Luxembourg on 14 June 1994, it is necessary to approve the Interim Agreement 
between  the  European  Community,  the  European  Atomic  Energy  Community  and  the 
European Coal and Steel Community, of the one part, and Ukraine, of the other part, on 
trade and trade-related matters signed in 

on 

HAS DECIDED AS FOLLOWS : 

Article 1 

The  Interim  Agreement  between  European  Community,  the  European  Coal  and  Steel 
Community and the European Atomic Energy Community, of the one part, and Ukraine, 
of the other part, on trade and trade-related  matters, together  with the Protocol  and the 
declarations, are hereby approved on  behalf of the European  Community. 

These texts are attached to this Decision. 

Article 2 

The President  of the Council shall give the notification  provided  for  in Article 36 of the 
Interim Agreement on behalf of the European Community. 

Done at Brussels, 

A&Nl&JE 

Draft  Commission  Decision  concerning the  conclusion  on  behalf  of  the  European  Coal 
and  Steel  Community  of the  Interim  Agreement  between  the  European  Community,  the 
European  Coal  and  Steel  Community  and the  European  Atomic  Energy Community, of 
the one part, and Ukraine, of the other part, on trade and trade-related matters. 

Draft 
COMMISSION  DECISION 

OF 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF 
THE ONE PART, AND UKRAINE, OF THE OTHER PART, ON TRADE AND 

TRADE-RELATED MATTERS 

THE EUROPEAN COMMISSION, 

(../.../ECSC) 

Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular the first paragraph of Article 95 thereof, 

Having regard to the Treaty establishing the European Atomic Energy Community and in 
particular the second paragraph of Article 101 thereof, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
signed in Luxembourg on 14 June 1994, it is necessary to approve the Interim Agreement 
between  the  European  Community,  the  European  Atomic  Energy  Community  and  the 
European Coal and  Steel Community, of the one part, and Ukraine, of the other part, on 
trade and trade-related matters signed in 

on 

Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of 
the  Community  set  out  in particular  in  Articles  2  and  3  of  the  Treaty  establishing  the 
European Coal and Steel Community and whereas the Treaty did not make provision  for 
all the cases covered by this Decision; 

Having consulted the Consultative Committee and with the assent of the Council, 

HAS DECIDED AS FOLLOWS : 

Article 1 

The Interim Agreement between European Community, Euratom and the European Coal 
and Steel Community, of the one part, and Ukraine, of the other part, on trade and trade-
related matters, together with the Protocol and the declarations, are hereby approved on 
behalf of the European  Coal and Steel Community. 

These texts are attached to this Decision. 

Article 2 

The President  of the Commission  shall give the notification  provided for  in Article 36 of 
the  Interim  Agreement  on  behalf  of  Euratom  and  the  European  Coal  and  Steel 
Community. 

Done at Brussels, 

FIJVAL ACT 

The  plenipotentiaries  of  the  EUROPEAN  COMMUNITY,  EUROPEAN  ATOMIC 
ENERGY  COMMUNITY  and  the EUROPEAN  COAL  AND  STEEL  COMMUNITY, 
hereinafter referred to as "the Community", of the one part, and 

the plenipotentiaries of UKRAINE, of the other part, 

on 

meeting  at 
for  the  signature  of  the  Interim  Agreement  on  trade  and 
trade-related  matters  between  the  European  Community,  the  European  Coal  and  Steel 
Community and the European Atomic Energy Community, of the one part, and Ukraine, 
of the other  part,  hereinafter  referred  to  as the  Agreement,  have adopted  the  following 
texts : 

the Interim Agreement and the Protocol on mutual assistance in customs matters. 

The plenipotentiaries of the Community and the plenipotentiaries of Ukraine have adopted 
the texts of the Joint declarations listed below and annexed to this Final Act : 

Joint Declaration on Article 10 of the Agreement 

Joint Declaration on Article 11 of the Agreement 

Joint Declaration on Article 18 of the Agreement 

Joint Declaration on Article 31 of the Agreement 

The plenipotentiaries  of the Community  have taken  note of the declaration  listed  below 
and annexed to this Final Act : 

Declaration  by  Ukraine  concerning  the  protection  of  intellectual,  industrial  and 
commercial property rights. 

Done at Brussels on 

For the Council and the European Commission 

For Ukraine 

INTERIM AGREEMENT 

ON TRADE AND TRADE RELATED MATTERS BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND  STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY  COMMUNITY 
OF THE ONE PART AND UKRAINE OF THE OTHER  PART 

The EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY 
AND THE  EUROPEAN  ATOMIC  ENERGY  COMMUNITY,  hereinafter  referred  to  as 
MTHE COMMUNITY" 

of the one part, 

and UKRAINE 

of the other part, 

Whereas an Agreement on Partnership and Cooperation between the European Communities 
and Member States, of the one part and Ukraine of the other part was signed on  14 June 
1994; 

Whereas the aim of the Partnership and Cooperation Agreement is to strengthen and widen 
the relations established previously, notably by the Agreement on Trade and Commercial and 
Economic  Cooperation  between  the  European  Communities  and  USSR  signed  on  18 
December 1989; 

Whereas  it  is  necessary  to  ensure  the  rapid  development  of  trade  relations  between  the 
Parties; 

Whereas to this end  it  is necessary to implement as speedily as possible, by means of an 
Interim Agreement, the provisions of the Partnership and Cooperation Agreement concerning 
trade and trade-related matters; 

Whereas the said provisions should, accordingly, provisionally replace the trade provisions 
of the Trade and Commercial and Economic Cooperation Agreement; 

Whereas  it is necessary to ensure that pending the entry into force of the Partnership and 
Cooperation  Agreement  and  the  establishment  of  the  Cooperation  Council,  the  Joint 
Committee  set  up  under  the  Agreement  on  Trade  and  Commercial  and  Economic 
Cooperation  may  exercise  the  powers  assigned  by  the  Partnership  and  Cooperation 
Agreement to the Cooperation Council; 

Whereas these powers are necessary in order to implement the Interim Agreement; 

Have  decided  to  conclude  this  Agreement  and  to  this  end  have  designated  as  their 
plenipotentiaries; 

10 

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

UKRAINE: 

Who, having exchanged their Full Powers, found in good and due form, 

Have agreed as follows : 

TITLE I : GENERAL  PRINCIPLES 
IPCA Ukraine : Title II 

Article I 
IPCA Ukraine : Article 21 

Respect  for  the  democratic  principles  and  human  rights  as  defined  in  particular  in  the 
Helsinki  Final  Act and the Charter of  Paris for a New  Europe, as well  as the principles  of 
market  economy,  including  thpse  enunciated  in  the  documents  of  the  ECSC  Bonn 
Conference,  underpin  the  internal  and  external  policies  of  the  Parties  and  constitute  an 
essential element of partnership and of the present Agreement. 

TITLE II : TRADE IN GOODS 
fPCA Ukraine: Title HI! 

Article 2 
IPCA Ukraine : Article 81 

1.  The  Parties  shall  accord  to  one  another  most-favoured-nation  treatment  according  to 

Article  1, 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  mternational  arrangements in 
favour  of  developing countries; 

(c)  advantages accorded to adjacent countries in order to facilitate frontier traffic. 

11 

Article 3 
IPCA Ukraine : Article 91 

1.  The parties agree that the principle of freedom of transit of goods is an essential condition 

of attaining the objectives of this Agreement. 

In this  connection  each  Party  shall  provide  for  unrestricted  transit  via  or  through  its 
territory of goods originating in the customs territory or destined for the customs territory 
of the other Party. 

2.  The rules described in Article V, paragraphs  2, 3, 4 and 5 of the GATT are applicable 

between the two Parties. 

3.  The rules contained  in this Article are without prejudice to any special rules  relating to 
specific sectors, in particular such as transport, or products agreed between the_Parties. 

Article 4 
IPCA Ukraine : Article 9bisl 

The  provisions  of Article 2, paragraph  1 and Article 3, paragraph  2 shall  not  apply, 
during  a  transitional  period  expiring  on  the  31.12.1998  or  the  accession  of  Ukraine  to 
GATT, whichever is earlier, to advantages defined  in Annex I granted by Ukraine to  other 
Independent States as from the day preceding the date of entry into force of the Agreement. 

Article 5 
IPCA Ukraine: Article 101 

Without prejudice to the rights and obligations stemming from international conventions on 
the temporary  admission  of goods which  bind  both  Parties, each  Party  shall  furthermore 
grant  the  other  Party  exemption  from  import  charges  and  duties  on  goods  admitted 
temporarily,  in  the  instances  and  according  to  the  procedures  stipulated  by  any  other 
international  convention  on this  matter  binding  upon  it,  in conformity  with  its  legislation. 
Account shall be taken of the conditions under which the obligations stemming from such a 
convention have been accepted by the Parry in question. 

Article 6 
IPCA Ukraine: Article 111 

Goods  originating  in  Ukraine  and  the  Community  respectively  shall  be  imported  into the 
Community and Ukraine respectively free of quantitative restrictions without prejudice to the 
provisions of Articles  10, 13, 14 and annex II, 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. 

12 

Article 7 
IPCA Ukraine : Article  llbisl 

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. 

Articles 
IPCA Ukraine : Article  Uteri 

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 YIII; 

(iii) 

Article IX; 

(iv) 

Article X. 

Article 9 
IPCA Ukraine : Article 121 

Goods shall be traded between the Parties at market-related prices. 

Article  la 
IPCA Ukraine : Article 131 

1.  Where  any  product  is  being  imported  into  the  territory  of  one  of  the  Parties  in  such 
increased quantities and under such conditions as to cause or threaten to cause substantial 
injury to  domestic  producers  of  like or direct  competitive  products,  the  Community  or 
Ukraine, whichever 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 
the  case  may  be  shall  supply  the  Joint 
thereafter,  the  Community  or  Ukraine  as 
Committee with all  relevant information  with a view to seeking a solution acceptable to 
both Parties. 

13 

3.  If,  as a result of the consultations, the Parties do not reach agreement within 30 days of 
referral  to the  Joint Committee  on  actions to avoid the  situation,  the  Party  which 
requested consultations shall be free to restrict imports of the products  concerned  to  the 
extent and for  such  time  as  is necessary  to  prevent or remedy the injury, or to adopt 
other appropriate measures. 

4.  In critical circumstances where delay would cause damage difficult  to repair, the Parties 
may take the measures before the consultations, on the condition that consultations  shall 
be offered immediately after taking such action. 

5.  In the  selection  of  measures  under this  Article,  the  Parties  shall  give  priority  to  those 

which cause least disturbance to the achievement of the aims of this Agreement. 

Article 11 
IPCA Ukraine : Article 13bisl 

Nothing  in this Title, and in Article  10 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 Party shall do the utmost 
to bring about a constructive solution to the problem. 

Article 12 
IPCA Ukraine : Article 151 

The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in 
transit  justified  on  grounds  of  public  morality,  public  policy  or  public  security;  the 
protection  of  health  and  life  of  humans,  animals  or  plants;  the  protection  of  natural 
resources; the protection of national treasures of artistic, historic or archaeological  value or 
the protection of intellectual, industrial and commercial property or rules relating to gold and 
silver.  Such prohibitions  or restrictions  shall  not,  however,  constitute  a means  of  arbitrary 
discrimination or a disguised restriction on trade between the Parties. 

Article 13 
IPCA Ukraine : Article 161 

f 

This Title II shall not apply to trade in textile products falling under chapters 50 to 63 of the 
Combined  Nomenclature.  Trade  in  these  products  shall  be  governed  by  a  separate 
agreement, initialed on 5th May 1993 and applied provisionally since  1st January 1993. 

14 

Article 14 
IPCA Ukraine ; Article 171 

1.  Trade  in  products  covered  by  the  Treaty  establishing the European  Coal  and  Steel 
Community  shall  be governed  by  the provisions  of  this  Title  II,  with  the  exception  of 
Article  6  and upon entry  into force,  by the provisions  of  an  agreement  on  quantitative 
arrangements concerning exchanges of ECSC steel products. 

2.  A  contact  group  on coal  and  steel  matters  is  set  up, comprising  representatives  of  the 

Community on the one hand, and representatives of Ukraine on tfte other. 

The contact group  shall  exchange, on a regular basis, information  on all coal and steel 
matters of interest  to  the Parties. 

Article 15 
IPCA Ukraine : Article 181 

Trade in nuclear materials shall  be subject to the provisions of  a  specific  Agreement to be 
concluded between the European Atomic Energy Community and Ukraine. 

TITLE HI  : PAYMENTS, COMPETITION AND OTHER  ECONOMIC 
PROVISIONS 
IPCA Ukraine : Titles V and VII 

Article 16 
IPCA Ukraine: Article 411 

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 
Ukraine connected with the movement of goods, made in accordance with the provisions 
of the present Agreement. 

Article 17 
IPCA Ukraine : Article 41 bis! 

1.  The  parties  agree  to  work  to  remedy  or  remove,  through  the  application  of  their 
competition laws or otherwise,  restrictions  on competition by enterprises  or caused by 
State  intervention  insofar  as  they  may  affect  trade  between  the  Community  and  the 
Ukraine. 

2. 

In order to attain the objectives mentioned in paragraph 1 : 

2.1.  The  Parties  shall  ensure  that  they  have  and  enforce  laws  addressing  restrictions  on 

competition by enterprises within their jurisdiction. 

2.2.  The Parties shall  refrain from granting State aids favouring certain undertakings  or the 
production of goods  other than primary products as  defined  in the General  Agreement 
on Tariffs  and Trade, or the provision  of services,  which distort or threaten to  distort 
competition insofar as they affect trade between the Community and the Ukraine. 

15 

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  Ukraine  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 Ukraine 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. 

3.  Consultations  may  take  place  within  the  Joint  Committee  at  the  request  of  the 
Community  or  Ukraine  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. 

4.  The  Parties  with  experience  in applying  competition  rules  shall  give  full  consideration 
to  providing  other  Parties,  upon  request  and  within  available  resources,  technical 
assistance for the development and implementation or competition rules. 

5.  The  above  provisions  in no way  affect  the  Parties1 rights to  apply  adequate  measures, 
notably those referred  to in Article  11, in order to address  distortions  of trade  in goods 
or services. 

Article 18 
IPCA Ukraine : Article 421 

Pursuant to the provisions of this Article and of Annex III, Ukraine shall continue to improve 
the protection  of intellectual,  industrial  and  commercial  property  rights  in order to  provide, 
by  the  end  of  the  fifth  year  after  the  entry  into  force  of  the  Agreement  for  a  level  of 
protection  similar to that  provided  in the  Community  by  Community  acts,  in particular  the 
ones referred  to in Annex III, including comparable means of enforcing  such rights. 

Article 19 

Mutual  assistance  between  administrative  authorities  in customs  matters  of the Parties  shall 
take place in accordance with the protocol annexed to the agreement. 

16 

TITLE IV : INSTITUTIONAL. GENERAL AND FINAL  PROVISIONS 
IPCA Ukraine: Title XI 

Article 20 

The  Joint  Committee  set  up  by  the  Agreement  on  Trade  and  Commercial  and  Economic 
Cooperation  signed  between  the  European  Economic  Community  and  USSR  on  18 
December  1989  shall  perform  the  duties  assigned  to  it  by  this  Agreement  until  the 
Cooperation  Council  provided  for  in  Article  85  of  the  Partnership  and  Cooperation 
Agreement is established. 

Article 21 

The  Joint  Committee  may,  for  the  purposes  of  attaining  the  objectives  of  the  Agreement, 
make recommendations in the cases provided for therein. 

It shall draw up its recommendations by agreement between the two Parties. 

Article 22 
IPCA Ukraine: Article 811 

When  examining  any  issue  arising  within  the framework of  this  Agreement  in  relation  to  a 
provision  referring  to an article of the GATT, the Joint Committee shall take  into account to the 
greatest  extent  possible  the  interpretation  that  is  generally  given  to  the  article  of  the  GATT  in 
question by the Contracting Parties to the GATT. 

Article 23 
IPCA Ukraine : Article 851 

1.  Within the scope  of this Agreement, each  Party undertakes to  ensure that  natural  and 
legal  persons  of the other Party  have  access  free  of  discrimination  in relation  to  its 
own nationals to the competent  courts and  administrative  organs of the Parties to defend 
their 
concerning 
intellectual, industrial and commercial property. 

their  property  rights,  including 

individual  rights  and 

those 

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 Ukraine; 

- 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. 

17 

Article 24 
IPCA Ukraine : Article 861 

Nothing in the Agreement shall prevent a Party from taking any measures: 

(a)  which  it considers  necessary to  prevent the disclosure of  information  contrary  to  its 

essential security interests; 

(b)  which relate to the production of,  or trade in arms, munitions or war materials  or to 
research, development or production indispensable for defence purposes, provided that 
such measures do not impair the conditions of competition  in respect of products not 
intended for specifically military purposes; 

(c)  which  it  considers  essential  to  its  own  security  in  the  event  of  serious  internal 
disturbances  affecting  the  maintenance  of  law and  order,  in time of  war  or  serious 
international tension constituting threat of war or in order to carry out obligations it has 
accepted for the purpose of maintaining peace and international security. 

(d)  which it considers necessary to respect its international obligations and commitments 

on the control of dual use industrial goods and technologies. 

Article 25 
IPCA Ukraine : Article 871 

1. 

the  fields  covered  by  this  Agreement  and  without  prejudice 

In 
provisions contained therein: 

to  any  special 

- the arrangements applied by Ukraine 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 Ukraine shall not  give rise 
to any discrimination between Ukrainian nationals,  or  its companies or  firms. 

2.  The provisions of Paragraph  1  are without prejudice to the right of the Parties to apply 
the relevant provisions of their fiscal legislation to tax payers who are not in identical 
situations as regards their place of residence. 

Article 26 
IPCA Ukraine : Article 881 

1.  Each  of  the two  Parties  may  refer  to the  Joint  Committee  any  dispute  relating  to  the 

application or interpretation of this Agreement. 

2.  The Joint Committee may settle the dispute by means of a recommendation. 

3.  In the event of it not being possible to settle the dispute in accordance with paragraph 2 of 
this Article, either Party may notify  the other of the appointment  of an conciliator;  the 
other  Party  must  then  appoint  a  second  conciliator  within  two  months.  For  the 
application of this procedure, the Community and the Member States shall be deemed to 
be one Party to the dispute. 

The Joint Committee shall appoint a third conciliator. 

The  conciliators  recommendations  shall  be  taken  by  majority  vote 
recommendations shall not be binding upon the Parties. 

Such 

18 

Article 27 
IPCA Ukraine: Article 891 

The Parties agree to consult promptly through appropriate channels at the request of either 
party to discuss any matter concerning the interpretation or implementation of this 
Agreement and other relevant aspects of the relations between the Parties. 

Hie provisions of this Article shall in no way affect and are without prejudice to Articles  10, 
11,26 and 31. 

Article 28 
IPCA Ukraine : Article 901 

Treatment  granted  to  Ukraine  hereunder  shall  in  no  case  be  more  favourable  than  that 
granted by the Member States to each other. 

Article 29 
IPCA Ukraine  : Article 921 

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 30 

1.  This  Agreement  shall  be  applicable  until  the  entry  into  force  of  the  Partnership  and 

cooperation Agreement signed on  14 June 1994. 

2.  Either Party may denounce this Agreement by notifying  the other Party. This Agreement 

shall cease to apply six months after the date of such notification. 

Article 31 
IPCA Ukraine : Article 941 

1.  The Parties shall take any general or specific  measures required to fulfil  their obligations 
under the Agreement.  They shall see to it that the objectives set out in the Agreement are 
attained. 

2.  If either Party considers  that the other  Party has  failed  to fulfil  an obligation  under the 
Agreement,  it may take the  appropriate  measures.  Before  so  doing,  except  in  cases  of 
special urgency, it shall supply the Joint Committee with all relevant information required 
for a thorough examination of the situation with a view to seeking a solution acceptable to 
the Parties. 

In the selection of these measures, priority must be given to those which least disturb the 
functioning  of the Agreement.  These measures  shall be notified  immediately to the Joint 
Committee if the other  Party so requests. 

19 

Article 32 

Annexes I, II, III and the Protocol  on mutual assistance between admistrative authorities in 
customs matters shall form an integral part of this Agreement. 

Article 33 
IPCA Ukraine : Article 971 

This  Agreement  shall  apply,  on  the  one  hand,  to  the territories in  which 
the  treaties 
establishing the European Community, the European  Atomic  Energy  Community  and the 
European  Coal  and  Steel  Community  are  applied  and  under the  conditions  laid  down  in 
those Treaties and, on the other hand, to the territory of Ukraine. 

Article 34 
IPCA Ukraine : Article 97 bisl 

The Secretary-General of the Council  of the European Union shall be the depositary of this 
Agreement. 

Article 35 
IPCA Ukraine : Article 981 

This  original  of  the  Agreement,  of  which  the  Danish,  Dutch,  English,  French,  German, 
Italian,  Spanish,  Greek,  Portuguese and Ukrainian  languages are equally authentic,  shall 
be deposited with the Secretary-General of the Council of the European Union. 

Article 36 
IPCA Ukraine : Article 991 

This Agreement will be approved by the Parties in accordance with their own procedures. 

This  Agreement  shall  enter into force on the first day of  the second  month following  the 
date on which the Parties notify the Secretary-General of the Council of the European Union 
that the procedures referred to in this paragraph have been completed. 

Upon its entry  into force,  and as  far  as  relations  between  Ukraine and the Community  are 
concerned,  this  Agreement  shall  replace  Articles  2  to  16  of  the  Agreement  between  the 
European Economic Community, the European Atomic Energy Community and the Union of 
Soviet  Socialist  Republics  on  trade  and  economic  and  commercial  cooperation  signed  in 
Brussels on  18 December  1989. 

20 

ANNEX! 

Indicative list of advantages granted by Ukraine to the Independent States in accordance with 
Article 4. 

1.  Armenia, Belarus, Estonia, Georgia, Kazakhstan, Lithuania, Moldova, Turkmenistan, 

Russia 
No import duties are implemented. 
No export duties are implemented as regards goods delivered under clearing and 
interstate agreements within the volumes stipulated in these agreements. 
No VAT is applied on export and import.  No excise is applied on export. 
All Independent States - export quotas for deliveries of products under annual interstate 
trade and cooperation agreements are opened in the same way as for deliveries for sjtate 
needs. 

2.  Armenia, Belarus, Estonia, Georgia, Kazakhstan, Lithuania, Moldova, Turkmenistan, -

Payments could be made in roubles 
Russia - payments could be made in roubles or karbovanets. 
All Independent States - special system of non-commercial operations, including 
payments resulting from these operations. 

3.  All Independent States - special system of current payments. 

4.  All Independent States - special price system in trade with some raw materials and semi 

finished  products. 

5.  All Independent States - special conditions of transit. 

6.  All Independent States - special conditions of customs procedures. 

21 

ANNEX II 

Exceptional measures which derogate from the provisions of Article 6 

1 

Exceptional measures which derogate from the provisions of Article 6 may be taken by 
Ukraine 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. 

4.  These measures may only be applied during a transitional period ending 31st December 

1998 unless parties agree otherwise, or when Ukraine becomes a contracting Party to 
GATT whichever is earlier. 

5.  Ukraine shall inform the Joint Committee of any measures it intends to take under the 

terms of the present annex, and, at the request of the Community, consultations shall be 
held in the Joint Committee on such measures and the sectors to which they apply 
before they enter into force. 

22 

Intellectual, Industrial and Commercial Property conventions (Article 18) 

1.  Community acts referred to in Article 18. 

-  First Council Pireetive $9/lQ4/EpC of 21 Pecember f 988 to ar^rpxinpte the Jaws of 

the Member States relating to trade marks. 

-  Council Directive 87/54/ÇEÇ of  16 December 1986 on the J^gal projection of 

topographies of semi-conductor products. 

-  Council Pireetive 91/250/EEC of  14 May  1991 on the legal protection of computer 

programs. 

-  Council Regulation (EEC) No  1768/92 pf  18 June 1992 concerning the creation of a 

supplementary protection certificate for medicinal products. 

-  Council Regulation (EEC) No 208 J/92 of  14 July  1992 pn the protection of 

geographical indications and designations of origin for agricultural products and 
foodstuffs. 

-  Council Pireetive 93/83/EEC of 27 September  1993 on the coordination of certain 
rules concerning copyright and rights related to copyright applicable tp satellite 
broadcasting and cahle retransmission. 

-  Council Directive 93/98/]EEC of 29 October  1993 harmonizing the term of protection 

of copyright and certain related rights. 

-  Council  Directive 92/100/EEC pf J 9 Npvpmber 1992 pn rental right and lending right 

and on certain rights related tp copyright in the field pf intellectual property. 

2.  If problems in the area of intellectual, industrial and commercial property as addressed in 
the  above  Community  acts  and  affecting  trading  conditions  were  to  occur,  urgent 
consultations will he undertaken, at the request of the Cpirununity or Ukraine, with a view 
to reaching mutually satisfactory solutions. 

23 

PROTOCOL 

ON MUTUAL ASSISTANCE 

BETWEEN ADMINISTRATIVE AUTHORITIES 

IN CUSTOMS MATTERS 

24 

Definitions 

For the purposes of this Protocol : 

a)  "customs  legislation"  shall  mean  provisions  applicable  k  the territories of  the  Parties  and 
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. 

25 

2.  At the request of the applicant authority, the requested authority shall inform it whether goods 
exported from the territory of one of the Parties have been properly imported into the territory 
of the other Party, specifying, where appropriate, the customs procedure applied to the goods. 

3.  At the request of the applicant authority, the requested authority shall take the necessary  steps 

to ensure that a surveillance is kept on : 

(a)  natural or legal persons of whom there are reasonable grounds for believing that they are 

contravening or have contravened customs legislation; 

(b)  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. 

Article 4 

Spontaneous  assistance 

The  Parties  shall  provide  each  other,  in  accordance  with  their  laws,  rules  and  other  legal 
instruments,  with  assistance  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. 

26 

Article 6 

Form and substance of requests for assistance 

1.  Requests  pursuant  to  this  Protocol  shall  be  made  in  writing.  Documents  necessary  for  the 
execution of such requests shall accompany the request. When required because of the urgency 
of the situation, oral requests may be accepted, but must be confirmed in writing immediately. 

2.  Requests pursuant to paragraph  1  of this Article shall include the following information : 

(a)  the applicant authority making the request; 
(b)  the measure requested; 
(c)  the object of and the reason for the request; 
(d)  the laws, rules and other legal elements involved; 
(e) 

indications as exact and comprehensive as possible on the natural or legal persons 
being the target of the investigations; 

(f)  a summary of the relevant facts and of the enquiries already carried out, except in 

cases provided for in Article 5. 

3.  Requests  shall be submitted in an official  language of the requested authority or in a  language 

acceptable to such authority. 

4.  If  a  request  does  not  meet  the  formal  requirements,  its  correction  or  completion  may  be 

demanded ; the ordering of precautionary measures may, however, take place. 

Article 7 

Execution of requests 

1.  In order to comply with a request for assistance, the requested authority or, when the latter can 
not act on its  own, the administrative department to which the request has been  addressed  by 
this authority, shall  proceed, within  its competence  and available  resources,  as though  it were 
acting on its own account or at the request of other authorities of that same Party, by supplying 
information already possessed,  by carrying out appropriate enquiries or by arranging for them 
to be carried out. 

2.  Requests  for  assistance  will  be  executed  in  accordance  with  the  laws,  rules  and  other  legal 

instruments of the requested Party. 

3.  Duly  authorised  officials  of a  Party  may, with the agreement  of  the other  Party  involved  and 
within the conditions  laid down by the latter, obtain from the offices  of the requested authority 
or other authority  for which the  requested authority  is  responsible,  information  relating to the 
contravention  of  customs  legislation  which  the  applicant  authority  needs  for  the  purposes  of 
this Protocol. 

4.  Officials  of  a  Party  may,  with  the  agreement  of  the  other  Party  involved  and  within  the 
conditions laid down by the latter, be present at enquiries carried out in the latter's territory. 

27 

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. 

Article 9 

Exceptions to the obligation to provide assistance 

1.  The Parties may refuse to give assistance as provided for in this Protocol, where to do so would 

(a)  be likely to prejudice sovereignty, public policy, security or other essential interests; 

(b) 

or 
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  authorisation  by  the  furnishing 
authority. 

28 

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 ojut the coirectjon or deletion. 

5. 

Without prejudice to cases of prevailing public interest, the person concerned may obtain, tipon 
request, information on the data stores and the purpose of this storage. 

Article II 

Use of information 

1.  Information  obtained  shall be used solely for the purposes of this  Protocol  and may be used 
within each Party for other purposes only with the prior written consent of the administrative 
authority which furnished  the information  and shall be subject to any restrictions laid down by 
that authority. 

2.  Paragraph  1  shall  not  impede  the  use  of  information  in  any  judicial  or  administrative 

proceedings subsequently instituted for failure to comply with customs legislation. 

3.  The Parties may, in their records of evidence, reports and testimonies and in proceedings and 
charges  brought  before  the  courts,  use  as  evidence  information  obtained  and  documents 
consulted in accordance with the provisions of this Protocol. 

Article 12 

Experts and witnesses 

An official  of a  requested  authority  may  be authorized  to  appear,  within  the  limitations  of the 
authorization granted, as expert or witness in judicial or administrative proceedings regarding the 
matters  covered  by this  Protocol  in the jurisdiction  of another Party,  and produce such objects, 
documents or authenticated copies thereof, as may be needed for the proceedings. The request for 
an  appearance  must  indicate  specifically  on  what  matters  and  by  virtue  of  what  title  or 
qualification the official  will be questioned. 

Article 13 

Assistance expenses 

The  Parties  shall  waive  all  claims  on  each  other  for  the  reimbursement  of  expenses  incurred 
pursuant  to this  Protocol,  except,  as  appropriate,  for  expenses to experts  and  witnesses  and to 
interpreters and translators who are not dependent upon public services. 

29 

Article 14 

Implementation 

1.  The  management  of  this  Protocol  shall  be  entrusted  to  the  central  customs  authorities  of 
Ukraine  on  the  one  hand  and  the  competent  services  of  the  Commission  of  the  European 
Communities  and,  where  appropriate,  the  customs  authorities  of  the  Member  States  of  the 
European  Union on the other.  They  shall  decide on all  practical  measures  and  arrangements 
necessary for its application, taking into consideration rules in the field of data protection. They 
may  recommend  to  the  competent  bodies  amendments  which  they  consider  be  made  to  this 
Protocol. 

2.  The Parties shall consult each other and subsequently keep each other informed of the detailed 
rules of implementation which are adopted in accordance with the provisions of this Protocol. 

Article 15 

Complementarity 

1.  This  Protocol  shall  complement and not  impede the application  of any  agreements  on mutual 
assistance  which  have  been  concluded  or  may  be  concluded  between  individual  or  several 
Member  States  of  the  European  Union  and  Ukraine.  Nor  shall  it  preclude  more  extensive 
customs cooperation 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. 

30 

JOINT DECLARATION CONCERNING ARTICLE 10 

The Community and Ukraine declare that the text of the safeguard  clause does not grant GATT 
safeguard treatment. 

31 

JOINT DECLARATION CONCERNING ARTICLE 11 

It  is  understood  that the  provisions  of  Article  11  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. 

32 

JOINT DECLARATION CONCERNING ARTICLE U 

The  Parties  decide $#  the tmm t^fa^, 
traijsla^ iato UkiaW 

industrial  %$ wmms®$  f f f ^"  sliaH be 

33 

JOINT DECLARATION CONCERNING ARTICLE 31 

The Parties agree, for the purpose of its correct interpretation and its practical application, that the 
term  "cases of  special  urgency" included in Article  31  of the Agreement  mean cases  of material 
breach of the Agreement by one of the Parties.  A material breach of the Agreement consists in 

a) 

repudiation of the Agreement not sanctioned by the general rules of international law 

or 

b) 

violation of the essential elements of the Agreement set out in Article 1. 

34 

Unilateral  declaration  bv Ukraine concerning thei protectimt of  totelkcttial,  industrial 

ami commercial property  rights 

Ukraine declares that : 

1.  By  the  end  of  the  fifth  year after  entry  into  force  of the Agreement, Ukraine Shall 
accede to the multilateral conventions  on intellectual, industrial and commercial property 
rights  referred  to 
in  Paragraph  2  of  this  declaration  to  which  Member  States  of  the 
Community  are parties or which are de facto applied by Member States according to the 
relevant provisions contained in these conventions. 

2.  Paragraph  1  of this declaration concerns the following multilateral  conventions: 

-  Beme  Convention  for the Protection of Literary  and Artistic Works  (Paris Act,  1971); 

- 

International  Convention  for  the  Protection  of Performers,  Producers  of  Phonograms 
and Broadcasting Organizations  (Rome, 1961); 

-  Protocol  relating  to  the  Madrid  Agreement  concerning the International  Registration 

of Marks  (Madrid,  1989); 

-  Nice Agreement concerning the International Classification of Goods and Services  for  the 

purposes of the Registration of Marks (Geneva  1977, amended  1979); 

-  Budapest Treaty on the  International  Recognition of the Deposit  of Micro-organisms  for 

the purposes of Patent Procedures  (1977, modified  in  1980); 

- 

International  Convention  for  the Protection  of New Varieties  of Plants  (UPOV)  (Geneva 
Act,  1978) 

3.  Ukraine shall  make  its  best endeavours to accede, without  undue delay,  to  the  1991  Act 
of the International  Convention for the Protection of New Varieties of Plants (UPOV). 

4.  Ukraine confirm  the  importance  it attaches  to the obligations  arising  from  the  following 

multilateral conventions: 

-  Paris  Convention  for  the  Protection  of  Industrial  Property  (Stockholm  Act,  1967  and 

amended in  1979); 

-  Madrid  Agreement  concerning the  International  Registration  of  Marks  (Stockholm  Act, 

1967, and amended in  1979); 

-  Patent Cooperation Treaty (Washington  1970, amended and modified  in  1979 and  1984); 

5.  From the entry into force of this Agreement Ukraine 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. 

6.  The provisions  of  paragraph  5  shall  not apply  to advantages  granted  by  Ukraine  to  any 
third  country  on  an  effective  reciprocal  basis  or  to  advantages  granted  by  Ukraine  to 
another country of the former  USSR. 

35 

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