Proposal for a COUNCIL DECISION ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE REPUBLIC OF KAZAKHSTAN, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1995-02-14
Institutions: European Commission
Subjects: EAEC, ECSC, Kazakhstan, customs cooperation, interim agreement (EU), trade agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(95) 29 final 

Brussels,  14.02.1995 

95/  0031(ACC) 

Proposal for a 

COUNCIL DECISION 

95/  0031(ACC) 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY  OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITTY, OF THE ONE PART, AND THE 
REPUBLIC OF KAZAKHSTAN, OF THE OTHER PART, ON TRADE AND 
TRADE-RELATED  MATTERS 

(presented by the Commission) 

Draft 

COMMISSION DECISION 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN  COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND  STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,  OF 
THE ONE PART, AND THE REPUBLIC OF  KAZAKHSTAN,  OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED  MATTERS 

Explanatory memorandum 

1.  The attached proposals for Decisions constitute the legal instrument for the conclusion 
by  the  European  Community  of  the  Interim  Agreement  between  the  European 
Community,  the  European  Atomic  Energy  Community  and  the  European  Coal  and 
Steel Community, on the one hand, and the Republic of Kazakhstan, on the other. 

2.  Pending signature and ratification  of the Partnership and Cooperation Agreement with 
the Republic of Kazakhstan, initialed in Brussels on 20 May  1994, the Commission has, 
in accordance with the negotiating directives adopted by the Council on  18 July  1994, 
negotiated an Interim Agreement with the Republic of Kazakhstan. 

3.  The  Interim  Agreement  providing  for  provisional  implementation  of  the  part  of  the 
Partnership  and  Cooperation  Agreement  on  trade  and  trade-related  measures  was 
initialed in Brussels on 22 December  1994, and will be concluded for the period ending 
with the entry into force of the Partnership and Cooperation Agreement. 

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

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

the ECSC. 

The Agreement will be concluded as follows : 

- the Council, after consulting Parliament, will conclude the Agreement on behalf of the 
European  Community  under  Article  113,  in  conjunction  with  Article  228  (2),  first 
sentence of the EC Treaty by adopting the Decision contained in Annex I; 

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

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

6.  The Interim Agreement should be signed in February. 

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

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

<L 

ANNEX  I 

Proposal  for  a Council Decision  concerning  the  conclusion by the  European  Community 
of  the  Interim  Agreement  between  the  European  Community,  the  European  Coal  and 
Steel  Community  and the European Atomic Energy  Community,  of the  one part,  and the 
Republic of Kazakhstan, of the other part, on Trade and Trade-Related Matters. 

i 

Proposal for 

COUNCIL DECISION 

OF 

95/  003lrAceV 

} 

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

ON TRADE AND TRADE-RELATED MATTERS 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
initialed  in Brussels  on 20 May  1994, it  is necessary  to  approve  the  Interim  Agreement 
between  the  European  Community,  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of 
the other part, on trade and trade-related matters signed in 

on 

HAS DECIDED AS FOLLOWS : 

Article 1 

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

These texts are attached to this Decision. 

Article 2 

The President  of the Council  shall give the notification  provided  for  in Article  28  of the 
Interim Agreement on behalf of the European Community. 

Done at Brussels, 

it 

ANNEX H 

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

r 

Draft 

COMMISSION DECISION 

OF 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF 
THE ONE PART, AND THE REPUBLIC OF KAZAKHSTAN, OF THE OTHER 
PART, ON TRADE AND TRADE-RELATED MATTERS 

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 
initialed  in Brussels  on 20 May  1994,  it  is necessary  to  approve  the  Interim  Agreement 
between  the  European  Community,  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community, of the one part, and the Republic of Kazakhstan, of 
the other part, on trade and trade-related matters signed in 

on 

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

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

HAS DECIDED AS FOLLOWS : 

Article 1 

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

These texts are attached to this Decision. 

C 

Article 2 

The President  of the Commission shall give the notification  provided  for  in Article 28  of 
the  Interim  Agreement  on  behalf  of  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community. 

Done at Brussels, 

10 

> 

FINAL ACT 

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

the plenipotentiaries of THE REPUBLIC OF KAZAKHSTAN, of the other part, 

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  the 
Republic of Kazakhstan,  of the other part,  hereinafter  referred  to  as the Agreement,  have 
adopted the following texts : 

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

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

Joint Declaration on Article 7 of the Agreement 

Joint Declaration on Article  14 of the Agreement 

Joint Declaration on Article 27 of the Agreement 

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

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

Done at Brussels on 

For the Council and the European Commission 

For the Republic of Kazakhstan 

11 

INTERIM AGREEMENT 

ON TRADE AND TRADE RELATED MATTERS BETWEEN THE 
EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL 
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY 
OF THE ONE PART AND THE REPUBLIC OF KAZAKHSTAN OF THE 
OTHERPART 

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

of the one part, 

and THE REPUBLIC OF KAZAKHSTAN 

of the other part, 

Whereas  an  Agreement  on  Partnership  and  Cooperation  between  the  European 
Communities and Member States, of the one part and the Republic of Kazakhstan of 
the other part was signed on 

1994; 

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

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

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

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

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

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

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

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

THE REPUBLIC OF KAZAKHSTAN : 

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

Have agreed as follows : 

TITLE I : GENERAL PRINCIPLES 
TPCA Kazakhstan  : Title H 

Article 1 
fPCA Kazakhstan  : Article 21 

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

TITLE H  : TRADE IN GOODS 
fPCA Kazakhstan  : Title DU 

Article 2 
[PCA Kazakhstan  : Article 81 

1.  The Parties  shall accord to  one another most-favoured-nation  treatment  in all areas in 

respect of : 

- customs duties and charges applied to imports and exports,  including the method of 

collecting such duties and charges; 

- provisions relating to customs clearance, transit, warehouses and transhipment; 

- taxes and other internal charges of any kind applied directly or indirectly to imported 
goods; 

- methods of payment and the transfer  of such payments related to trade in goods; 

- the rules relating to the sale, purchase, transport, distribution and use of goods on the 

domestic market. 

.st^> 

2.  The provisions of paragraph  1 shall not  apply to : 

(a)  advantages granted with the aim of creating a customs  union or a  free-trade  area 

or pursuant to the creation of such  a union or  area; 

(b)  advantages  granted  to particular countries  in  accordance with the  General 

agreement  on Tariffs  and Trade  and  with other  international  arrangements  in 
favour  of developing  countries; 

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

3.  The provisions  of paragraph  1 shall  not  apply,  during  a transitional  period  expiring  on 
the  date  of  the  Republic  of  Kazakhstan  acceding  to  GATT  or  on  the  31.12.1998, 
whichever  is  earlier,  to  advantages  defined  in  Annex  I  granted  by  the  Republic  of 
Kazakhstan to  other  states which have emerged from the dissolution  of the  USSR. 

Article  3 
fPCA Kazakhstan  : Article 91 

1.  The Parties  agree  that  the  principle  of  free  transit  is  an  essential  condition  of  attaining 
the objectives  of this Agreement.  In this connection  each Party  shall  secure  unrestricted 
transit  via  or  through  its  territory  of  goods  originating  in  the  customs  territory  or 
destined  for the customs territory  of the other Party. 

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

applicable between the two parties. 

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

Article 4 
fPCA Kazakhstan  : Article 101 

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

Article 5 
fPCA Kazakhstan  : Article 111 

1.  Goods originating in the Republic of Kazakhstan  shall be imported  into the  Community 
free  of  quantitative  restrictions  without  prejudice  to  the  provisions  of  Articles  7,  10 
and  11  and  to  the  provisions  of  Articles  77,  81,  244,  249  and  280  of  the  Acts  of 
Accession  of Spain and Portugal to the European  Community. 

2.  Goods originating in the Community  shall be imported  into the Republic  of Kazakhstan 
free  of all quantitative  restrictions  and  measures  of equivalent  effect,  without  prejudice 
to the provisions of Articles 7,  10 and  11. 

--v 

Article 6 
fPCA Kazakhstan : Article 121 

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

Article 7 
fPCA Kazakhstan : Article 131 

1.  Where  any product  is being imported  into  the territory  of  one  of the Parties  in such 
increased  quantities  and under  such conditions as to  cause or threaten to  cause  injury 
to  domestic  producers  of like  or  direct  competitive  products,  the  Community  or  the 
Republic  of Kazakhstan,  which  ever  is concerned,  may take  appropriate  measures  in 
accordance with the following procedures and conditions. 

2.  Before  taking  any  measures,  or  in  cases  to  which  paragraph  4  applies  as  soon  as 
possible thereafter,  the Community or  the Republic of Kazakhstan as  the case may be 
shall supply the Joint Committee with all  relevant information with a view to seeking a 
solution acceptable to both Parties as provided for in Title IV. 

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

4.  In  critical  circumstances  where  delay  would  cause  damage  difficult 

to  repair,  the 
Parties  may  take  the  measures  before  the  consultations,  on  the  condition  that 
consultations shall  be offered  immediately after taking such action. 

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

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

6. Nothing in this Article shall prejudice or affect  in any way the taking, by either Party, of 
anti-dumping  or countervailing measures in accordance with Article VI of the GATT, 
the Agreement  on implementation  of Article VI of the GATT, the Agreement  related 
on  interpretation  and  application  of  Articles  VI,  XVI  and  XXIII  of  the  GATT  or 
related internal legislation. 

Article 8 
[PCA Kazakhstan : Article 141 

The  Parties undertake  to  consider  development  of the  provisions  in this  Agreement  on 
trade in goods between them, as circumstances allow, including the situation  arising  from 
the  accession  of the  Republic  of Kazakhstan  to  the  General  Agreement  on  Tariffs  and 
Trade. The Joint Committee referred to in Article  16 may make recommendations on such 
developments to the Parties which could be put into  effect,  where accepted,  by virtue of 
agreement between the Parties in accordance with their respective procedures. 

(I 

Article 9 
IPCA Kazakhstan : Article 151 

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

Article 10 
FPCA Kazakhstan : Article 161 

This Title II shall not apply to trade in textile products falling under chapters  50 to  63 of 
the  Combined  Nomenclature.  Trade  in these  products  shall  be  governed  by  a  separate 
agreement, initialed on 15 October  1993 and applied provisionally since 1st January  1993. 

Article 11 
fPCA Kazakhstan : Article 171 

1.  Trade  in  products  covered  by  the  Treaty  establishing  the European  Coal  and 
Steel  Community  shall  be  governed  by  the  provisions  of  this  Title  II,  with  the 
exception of Article 5 and upon entry into force, by the provisions of an agreement on 
quantitative arrangements concerning exchange of ECSC steel products. 

2.  A contact group on coal and steel matters shall be set up, comprising representatives of 
the Community on the one hand, and representatives of the Republic of Kazakhstan on 
the other. 

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

Article 12 
IPCA Kazakhstan : Article 181 

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

n 

TITLE  m  : PAYMENTS. COMPETITION AND OTHER  ECONOMIC 
PROVISIONS 
fPCA Kazakhstan  : Title IV! 

Article  13 
1PCA Kazakhstan  : Article 421 

The  Parties undertake to  authorize, in freely convertible currency,  any payments  on 
the current  account  of balance of payments between residents of the Community  and 
of  the  Republic  of  Kazakhstan  connected  with  the  movement  of  goods,  made  in 
accordance with the provisions of the present  Agreement. 

Article  14 

The  Parties  agree  to  examine  ways  to  apply  their  respective  competition  laws  on  a 
concerted  basis in such cases where trade between them is  affected. 

Article  15 
TPCA Kazakhstan  : Article 431 

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

Article  16 

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

TITLE  IV  : INSTITUTIONAL.  GENERAL AND FINAL  PROVISIONS 
FPCA Kazakhstan  : Title 1X1 

Article  17 

The  Joint  Committee  set  up  by  the  Agreement  on  Trade  and  Commercial  and 
Economic  Cooperation  signed  between  the  European  Economic  Community  and 
USSR  on  18  December  1989  shall  perform  the  duties  assigned  to  it  by  this 
Agreement  until  the  Cooperation  Council  provided  for  in  Article  77  of  the 
Partnership  and Cooperation Agreement is  established. 

Article  18 

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

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

6 

/i 

Article 19 
fPCA Kazakhstan  : Article 811 

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

Article 20 
1PCA Kazakhstan : Article 851 

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

2.  Within the limits of their respective powers, the Parties : 

-  shall  encourage  the  adoption  of  arbitration  for  the  settlement  of  disputes 
arising out of commercial and cooperation transactions concluded by economic 
operators of the Community and those of the Republic of Kazakhstan; 

- agree that where a dispute is submitted to arbitration, each Party to the dispute 
may,  except  where  the  rules  of  the  arbitration  centre  chosen  by  the  Parties 
provide otherwise, choose its own arbitrator,  irrespective of his nationality, and 
that  the  presiding  third  arbitrator  or  the  sole  arbitrator  may  be  a  citizen  of  a 
third state; 

- will recommend their economic operators to choose by mutual consent the law 
applicable to their contracts; 

-  shall  encourage  recourse  to  the  arbitration  rules  elaborated  by  the  United 
Nations Commission on International Trade Law (Uncitral) and to arbitration by 
any  centre  of  a  state  signatory  to  the  Convention  on  Recognition  and 
Enforcement  of Foreign Arbitral Awards done at New York on 10th June 1958. 

Article 21 
1PCA Kazakhstan  : Article 861 

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

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

to its essential security interests; 

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

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

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

commitments in the control of dual use industrial goods and technologies. 

if 

Article 22 
fPCA Kazakhstan  : Article 871 

1. 

In  the  fields covered by this Agreement  and without prejudice  to  any special 
provisions contained therein : 

-  the  arrangements  applied  by  the  Republic  of  Kazakhstan  in  respect  of  the 
Community  shall  not  give  rise  to  any  discrimination  between  the  Member 
States, their  nationals or their companies or  firms; 

-  the  arrangements  applied  by  the  Community  in  respect  of  the  Republic  of 
Kazakhstan shall not  give rise to any discrimination between Kazakh nationals, 
or  its companies or  firms. 

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

Article 23 
TPCA Kazakhstan  : Article 881 

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

the application or interpretation of this Agreement. 

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

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

The Joint Committee shall appoint a third conciliator. 

The  conciliator's  recommendations  shall  be  taken  by  majority  vote.  Such 
recommendations shall not be binding upon the Parties. 

Article 24 
fPCA Kazakhstan  ; Article 891 

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

The  provisions  of  this  Article  shall  in  no  way  affect  and  are  without  prejudice  to 
Articles 7, 22 and 27. 

Article 25 
TPCA Kazakhstan  : Article 901 

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

/c 

Article 26 
TPCA Kazakhstan  ; Article 921 

Insofar  as  matters  covered  by  this  Agreement  are  covered  by  the  Energy  Charter 
Treaty and Protocols thereto,  such Treaty and Protocols  shall upon  entry into  force 
apply  to  such  matters  but  only  to  the  extent  that  such  application  is  provided  for 
therein. 

Article 27 

This  Agreement  shall  be  applicable  until  the  entry  into  force  of  the  Partnership 
and Cooperation Agreement  signed on 

1994. 

Either  Party  may  denounce  this  Agreement  by  notifying  the  other  Party.  This 
Agreement shall cease to apply six months after the date of such  notification. 

Article 28 
fPCA  Kazakhstan  : Article 941 

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

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

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

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

Article 29 

Article 30 
fPCA  Kazakhstan  : Article 971 

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

Article 31 
TPCA Kazakhstan  : Article 981 

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

Article 32 
TPCA Kazakhstan  : Article 991 

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

Article 33 
rPCA Kazakhstan  : Article 1001 

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

This  Agreement  shall enter into force on the first day of  the second  month following  the 
date  on  which  the  Parties  notify  each  other  that  the  procedures  referred  to  above  have 
been completed. 

Upon  its  entry  into  force,  and  as  far  as  relations  between  the  Republic  of  Kazakhstan 
and  the  Community  are  concerned, 
this  Agreement  shall  replace  Article  2,  Article  3, 
except for  the fourth  indent thereof,  and Articles 4 to  16 of the  Agreement  between  the 
European  Economic  Community,  the  European  Atomic  Energy  Community  and  the 
Union  of 
Socialist  Republics  on  trade  and  economic  and  commercial 
cooperation  signed in Brussels on  18 December  1989. 

Soviet 

10 

/* 

List of annexes 

• Annex I : Exceptions to MFN for advantages granted among Independent States 
(article 2) 

• Annex II : IPR conventions (article 14) 

Protocol nr 1  on the mutual assistance in customs matters 

Joint Declaration concerning Article 7 

Joint Declaration concerning Article 14 

Joint Declaration concerning Article 27 

Unilateral declaration by the Republic of Kazakhstan concerning the protection of 
intellectual, industrial and commercial property rights 

11 

(1 

ANNEX I 

Indicative list of advantages granted by the Republic of Kazakhstan to the 
Independent  States in accordance with Article 2, paragrah 3. 

1.  Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, 

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

2.  Armenia, Belarus, Estonia, Georgia, Lithuania, Moldova, Ukraine, 

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

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

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

and semi-finished  products. 

5.  All Independent States - special conditions of transit. 

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

12 

%» 

Intellectual, Industrial and Commercial Property conventions (Article 14) 

ANNEX  n 

1.  Community acts referred to in Article 14. 

-  First Council Directive 89/104/EEC of 21 December  1988 to approximate the 

laws of the Member States relating to trade marks. 

-  Council Directive 87/54/EEC of 16 December  1986 on the legal protection of 

topographies of semi-conductor products. 

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

computer programs. 

-  Council Regulation (EEC) No  1768/92 of 18 June  1992 concerning the 
creation of a supplementary protection certificate for medicinal products. 

-  Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of 

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

-  Council Directive 93/83/EEC of 27 September  1993 on the coordination of 

certain rules concerning copyright and rights related to copyright applicable to 
satellite broadcasting and cable retransmission. 

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

protection of copyright and certain related rights. 

-  Council  Directive 92/100/EEC of 19 November  1992 on rental right and 

lending right and on certain rights related to copyright in the field of intellectual 
property. 

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

13 

r/ 

PROTOCOL 

ON MUTUAL ASSISTANCE 

BETWEEN ADMINISTRATIVE AUTHORITIES 

IN CUSTOMS MATTERS 

14 

l'L-

Article 1 

Definitions 

For the purposes of this Protocol : 

a)  "customs legislation"  shall mean provisions  applicable  in the territories  of the  Parties 
governing  the  import,  export,  transit  of  goods  and  their  placing  under  any  customs 
procedure,  including  measures  of prohibition,  restriction  and  control  and  adopted  by 
the said Parties; 

b)  "customs duties" shall mean all duties, taxes, fees or any other charges which are levied 
and collected  in the territories of the Parties, in application of customs legislation, but 
not including fees and charges which are limited in amount to the approximate costs of 
services rendered; 

c)  "applicant  authority",  shall mean a competent  administrative  authority which has been 
appointed  by  a  Party  for  this  purpose  and  which  makes  a  request  for  assistance  in 
customs matters; 

d)  "requested authority",  shall mean a competent administrative authority which has been 
appointed  by  a Party  for  this purpose  and which  receives  a  request  for  assistance  in 
customs matters; 

e)  "contravention",  shall  mean  any  violation  of  the  customs  legislation  as  well  as  any 

attempted violation of such legislation. 

Article 2 

Scope 

1.  The Parties shall assist each other, within their competences, in the manner  and under 
the  conditions  laid  down  in  this  Protocol,  in  ensuring  that  customs  legislation  is 
correctly  applied,  in  particular  by  the  prevention,  detection  and  investigation  of 
contraventions of this legislation. 

2.  Assistance,  in  customs  matters,  as  provided  for  in  this  Protocol,  applies  to  any 
administrative  authority  of the  Parties  which  is  competent  for  the  application  of this 
Protocol.  It  shall  not  prejudice  the  rules  governing  mutual  assistance  in  criminal 
matters. Nor shall it cover information  obtained under powers exercised  at the request 
of the judicial authority, unless those authorities so agree. 

15 

it 

Article 3 

Assistance on request 

1.  At the request of the applicant authority, the requested authority shall furnish  it with all 
relevant information to enable it to ensure that customs legislation is correctly applied, 
including  information  regarding  operations  noted  or  planned  which  contravene  or 
would contravene such legislation. 

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

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

necessary steps to ensure that a surveillance is kept on : 

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

they are contravening or have contravened customs legislation; 

(b)  place where  stocks  of goods  have  been  assembled  in  such  a way  that  there  are 
reasonable grounds for supposing that they are intended as supplies for  operations 
contrary to the legislation of the other Party; 

(c)  movements of goods notified  as possibly giving rise to  substantial  contraventions 

of customs legislation; 

(d)  means of transport  for which there are reasonable grounds for  believing that they 

have been, are or may be used in the contravening of customs legislation. 

Article 4 

Spontaneous assistance 

The Parties  shall provide each other,  in accordance with their laws, rules and other legal 
instruments, with assistance without prior request if they consider that to be necessary for 
the  correct  application  of  customs  legislation,  particularly  when  they  obtain  information 
pertaining to: 

-  operations  which have  contravened,  contravene  or would  contravene  such  legislation 

and which may be of interest to other Parties; 

-  new means or methods employed in realizing such operations; 

-  goods known to be subject to substantial contravention of customs legislation. 

16 

ts 

Article S 

Delivery/Notification 

At the request of the applicant authority, the requested authority shall in accordance with 
its legislation take all necessary measures : 

- in order to deliver all documents, 
- to notify all decisions, 

falling  within  the  scope  of  this Protocol  to  an  addressee,  residing  or  established  in  its 
territory. In such a case Article 6, point 3 is applicable. 

Article 6 

Form and substance of requests for assistance 

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

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

information: 

(a)  the applicant authority making the request; 
(b)  the measure requested; 
(c)  the object of and the reason for the request; 
(d)  the laws, rules and other legal elements involved; 
(e)  indications as exact and comprehensive as possible on the natural or legal persons 

being the target of the investigations; 

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

cases provided for in Article 5. 

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

language acceptable to such authority. 

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

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

17 

2 S 

Article 7 

Execution of requests 

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

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

legal instruments of the requested Party. 

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

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

Article 8 

Form in which information is to be communicated 

1.  The  requested  authority  shall  communicate  results  of  enquiries  to  the  applicant 
authority in the form of documents certified  copies of documents, reports and the like. 

2.  Thé  documents  provided  for  in  paragraph  1  may  be  replaced  by  computerized 

information  produced in any form for the same purpose. 

Article 9 

Exceptions to the obligation to provide assistance 

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

so would : 

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

interests; 
or 

(b)  involve currency or tax regulations other than regulations concerning customs 

duties; 
or 

(c)  violate an industrial, commercial or professional  secret. 

18 

76 

2.  Where  the  applicant  authority  asks  for  assistance  which  it  would  itself  be  unable  to 
provide if so asked, it shall draw attention to that fact in its request.  It shall then be left 
to the requested authority to decide how to respond to such a request. 

3.  If  assistance  is  withheld  or  denied,  the  decision  and  the  reasons  therefore  must  be 

notified to the applicant authority without delay. 

Article  10 

Obligation  to observe  confidentiality 

1.  Any information  communicated  in whatsoever form pursuant to  this Protocol  shall  be 
of  a  confidential  nature.  It  shall  be  covered  by  the  obligation  of  official  secrecy  and 
shall  enjoy the protection  extended  to  like  information  under the  relevant  laws  of  the 
Party which  received  it  and the  corresponding  provisions  applying to  the  Community 
authorities. 

2.  Nominative  data  shall  not  be  transmitted  whenever  there  are  reasonable  grounds  to 
believe that the transfer  or the use  made  of the  date transmitted  would  be  contrary  to 
the  basic  legal  principles  of  one  of  the  Parties,  and,  in  particular,  if  the  person 
concerned  would  suffer  undue  disadvantages.  Upon  request,  the  receiving  Party  shall 
inform  the  furnishing  Party  of  the  use  made  of  the  information  supplied  and  of  the 
results achieved. 

3.  Nominative  data  may  only  be  transmitted  to  customs  authorities  and,  in  the  case  of 
need  for  prosecution  purposes,  to  public  prosecution  and judicial  authorities.  Other 
persons or authorities may obtain such information  only upon previous authorisation by 
the furnishing authority. 

4.  The  furnishing  Party  shall  verify  the  accuracy  of  the  information  to  be  transferred. 
Whenever it appears that the information  supplied was inaccurate or to  be deleted,  the 
receiving Party shall be notified  without  delay.  The latter shall be  obliged  to  carry  out 
the correction or deletion. 

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

Article  11 

Use of  information 

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

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

proceedings subsequently instituted for failure to comply with customs legislation. 

19 

il 

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

Article 12 

Experts and witnesses 

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

Article 13 

Assistance expenses 

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

Article 14 

Implementation 

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

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

Article 15 

Complementarity 

1.  This Protocol  shall complement  and not impede the application  of any agreements on 
mutual assistance which have been concluded or may be concluded between  individual 
or several Member States of the European Union and the Republic of Kazakhstan. Nor 
shall it preclude more extensive mutual assistance granted under such agreements. 
20 

ij? 

2.  Without  prejudice  to  Article  11,  these  agreements  do  not  prejudice  Community 
provisions  governing  the  communication  between  the  competent  services  of  the 
Commission  and  the  customs  authorities  of  the  Member  States  of  any  information 
obtained in customs matters which could be of Community interest. 

21 

V 

JOINT DECLARATION CONCERNING ARTICLE 7 

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

22 

> 

JOINT DECLARATION CONCERNING ARTICLE 14 

Within the limits of their respective competences, the Parties agree that for  the  purpose 
of the  Agreement,  intellectual,  industrial  and  commercial  property  includes  in  particular 
copyright,  including  the  copyright  in  computer  programs,  and  neighbouring  rights,  the 
including 
rights  relating 
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. 

industrial  designs,  geographical 

to  patents, 

indications, 

23 

"V 

JOINT DECLARATION  CONCERNING ARTICLE  27 

The Parties agree, for the purpose of its correct interpretation and its practical application, 
that  the  term  "cases  of  special  urgency"  included  in Article  27  of  the  Agreement  means 
cases of material breach of the Agreement by one of the Parties.  A  material breach of the 
Agreement consists in 

a) 

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

or 

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

24 

12. 

Unilateral  declaration  by the Republic of Kazakhstan  concerning  the 
protection  of intellectual,  industrial  and commercial  property  rights 

The Republic of Kazakhstan declares that : 

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

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

-  Berne  Convention  for the Protection of Literary  and Artistic Works  (Paris Act, 

1971); 

-  International  Convention  for 

the  Protection  of  Performers,  Producers  of 

Phonograms and Broadcasting Organizations  (Rome,  1961); 

-  Protocol  relating 

to 

the  Madrid  Agreement  concerning  the  International 

Registration of Marks  (Madrid,  1989); 

-  Nice  Agreement  concerning  the  International  Classification  of  Goods  and 
Services for the  purposes  of the Registration  of Marks  (Geneva  1977,  amended 
1979); 

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

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

-  International  Convention  for the  Protection  of New  Varieties  of Plants  (UPOV) 

(Geneva Act,  1978) 

3.  The Republic of Kazakhstan confirm the importance it attaches to the  obligations 

arising from the following multilateral conventions: 

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

1967 and amended in 1979); 

-  Madrid Agreement concerning the International Registration of Marks 

(Stockholm Act,  1967, and amended in 1979); 

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

and 1984); 

4.  From  the  entry  into  force  of  this  Agreement  the  Republic  of  Kazakhstan  shall 
grant to  Community  companies  and  nationals,  in  respect  of  the  recognition  and 
protection  of  intellectual,  industrial  and  commercial  property,  treatment  no  less 
favourable than that granted by it to any third country under bilateral agreements. 

5.  The  provisions  of  paragraph  4  shall  not  apply  to  advantages  granted  by  the 
Republic of Kazakhstan to any third country on an effective  reciprocal basis or to 
advantages  granted  by  the  Republic  of  Kazakhstan  to  another  country  of  the 
former USSR. 

25 

13 

ISSN 0254-1475 

COM(95) 29  final 

DOCUMENTS 

EN 

02  U 

Catalogue number  :  CB-CO-95-048-EN-C 

ISBN 92-77-85550-9 

Office for Official Publications of the European Communities 

L-2985 Luxembourg