Draft COMMISSION DECISION CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL AND STEEL COMMUNITY AND EURATOM 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 ARMENIA, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1996-07-10
Institutions: European Commission
Subjects: Armenia, customs cooperation, interim agreement (EU), trade agreement (EU), trade cooperation

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  10.07.1996 
COM(96)  321 final 

96/0179(ACC) 

Proposal  for a 

COUNCIL  DECISION 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, 
AND THE REPUBLIC OF ARMENIA, 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 AND EURATOM 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 ARMENIA, 
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 
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 Armenia, on the other. 

2.  Pending  ratification  of the Partnership  and  Cooperation  Agreement  with  the  Republic 
of  Armenia,  signed  in  Luxembourg  on  22  April  1996,  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 Armenia. 

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 23 May  1996, and will be concluded  for the period  ending with 
the entry into force of the Partnership and Cooperation Agreement. 

4.  The Interim  Agreement  replaces,  as far  as the Republic  of Armenia  is  concerned,  the 
relevant  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, the 

ECSC and Euratom. 

The Agreement will be concluded as follows : 

-  the  Council,  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 by adopting the Decision contained in Annex II. 

6.  The  Commission  accordingly  requests the  Council to  adopt  the  proposal  contained  in 

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

2. 

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  Armenia,  of  the  other  part,  on 
trade and trade-related matters. 

3 

Proposal for 

COUNCIL DECISION 

OF 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 

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

AND THE REPUBLIC OF ARMENIA, 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, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Republic  of  Armenia,  of  the  other  part,  signed  in  Luxembourg  on  22  April  1996,  it  is 
necessary  to  approve  on behalf  of the European  Community,  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 Armenia, of the other part, 

HAS DECIDED AS FOLLOWS : 

Article 1 

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 Armenia, of the other part, together with 
its  Annexes,  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 is hereby authorised to designate the persons empowered to 
sign the Interim Agreement. 

Article 3 

The President  of the  Council  shall give the  notification  provided  for  in  Article  32  of the 
Interim Agreement on behalf of the European Community. 

Done at Brussels, 

1 

ANNEX H 

Draft  Commission  Decision  concerning  the  conclusion  on  behalf  of  the  European 
Coal  and  Steel  Community  and  of Euratom  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 Armenia,  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 AND EURATOM  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 ARMENIA,  OF 
THE OTHER PART, ON TRADE AND TRADE-RELATED  MATTERS 

THE EUROPEAN COMMISSION, 

(../.../ECSC/EAEC) 

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 
between  the  European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Republic  of  Armenia  of  the  other  part,  signed  in  Luxembourg  on  22  April  1996,  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 Armenia,  of the  other  part,  on  trade  and  trade-related 
matters initialled on 23 May 1996, 

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  and  approval  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 Armenia,  of the other part,  on trade and trade-related  matters,  together  with 
the its Annexes, the Protocol  and the declarations,  are hereby approved  on  behalf of the 
European  Coal and Steel Community and of Euratom. 

These texts are attached to this Decision. 

10 

G> 

Article 2 

The President  of the Commission  shall give the notification  provided  for  in Article  32 of 
the  Interim  Agreement  on  behalf  of  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community. 

Done at Brussels, 

11 

? 

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 ARMENIA, 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  Armenia,  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 
Armenia have adopted  the texts of the Joint declarations listed below and annexed to this 
Final Act : 

Joint Declaration concerning Title II of the Agreement 

Joint Declaration concerning Article 7 of the Agreement 

Joint Declaration concerning Article 8 of the Agreement 

Joint Declaration concerning Article  15 of the Agreement 

Joint Declaration concerning Article 28 of the Agreement 

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

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

Done at Brussels on 

For  the  European  Community,  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community 

For the Republic of Armenia 

12 

<? 

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 ARMENIA OF THE 
OTHER PART 

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 ARMENIA 

of the other part, 

Whereas  an  Agreement  on  Partnership  and  Cooperation  between  the  European 
Communities and their Member  States, of the one part and the Republic of Armenia 
of the other part was signed on 22 April  1996; 

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  Economic 
Community,  the  European  Atomic  Energy  Community  and  the  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,  replace the  relevant  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, which are necessary in order to 
implement the Interim Agreement; 

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

M  Aix^ 

/r?6 

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

THE REPUBLIC OF ARMENIA : 

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

Have agreed as follows : 

TITLE I : GENERAL PRINCIPLES 
fPCA Armenia  : Title H 

Article 1 
[PCA Armenia  : 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 
this Agreement. 

TITLE II : TRADE IN GOODS 
fPCA Armenia  : Title HI1 

Article 2 
[PCA Armenia  : Article 91 

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. 

v> 

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 WTO rules 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  Armenia  acceding  to  the  WTO  or  on  the  31.12.1998, 
whichever  is  earlier,  to  advantages  defined  in  Annex  I  granted  by  the  Republic  of 
Armenia to other states which have emerged from the dissolution of the USSR. 

Article 3 
fPCA Armenia  : Article 101 

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  V,  paragraphs  2,  3,  4  and  5  of  the  GATT  are 

applicable between the 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 Armenia : Article 111 

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 Armenia : Article 121 

1.  Goods  originating  in the Republic  of  Armenia  shall be  imported  into  the  Community 
free  of quantitative  restrictions  without  prejudice  to  the  provisions  of  Articles  7,  10 
and  11 of this Agreement. 

2.  Goods  originating  in the  Community  shall  be  imported  into  the  Republic  of  Armenia 

free of all quantitative restrictions and measures of equivalent  effect. 

U 

Article 6 
fPCA  Armenia  : Article 131 

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

Article 7 
[PCA Armenia  : Article 141 

1.  Where  any  product  is being  imported  into  the  territory  of  one  of  the  Parties  in  such 
increased  quantities or 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  Armenia,  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  thereafter,  the  Community  or  the  Republic  of  Armenia  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 
fPCA  Armenia  : Article 151 

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  Armenia  to  the  World  Trade  Organisation.  The  Joint 
Committee referred  to in Article  17 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. 

II 

Article 9 
fPCA Armenia  : Article 161 

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 
1PCA Armenia  : Article 171 

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,  initialled  on  18 January  1996  and  applied  provisionally  with  effect  from  1st 
January 1996. 

Article 11 
fPCA Armenia  ; Article 181 

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. 

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 Armenia 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 
fPCA Armenia  : Article 191 

Trade in nuclear materials will be conducted in accordance with the provisions of the 
Treaty establishing the European Atomic Energy Community.  If necessary, trade in 
nuclear  materials  shall  be  subject  to  the  provisions  of  a  specific  Agreement  to  be 
concluded  between  the European  Atomic  Energy  Community  and the Republic  of 
Armenia. 

73 

TITLE HI : 
PAYMENTS. COMPETITION AND OTHER ECONOMIC PROVISIONS 
TPCA Armenia  : Title IV! 

Article 13 
IPCA Armenia  : Article 41 (1)1 

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

Article 14 
TPCA Armenia  : Article 43 (4)1 

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 
IPCA Armenia  : Article 42 (1)1 

Pursuant to the provisions of this Article and of  Anrtex II, the Republic of Armenia 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  in  customs  matters  between  administrative  authorities  of  the 
Parties shall take place in accordance with the Protocol annexed to this Agreement. 

AT* 

TITLE IV : INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 
iPCA Armenia  : Title XH 

Article 17 

The  Joint  Committee  set  up  by  the  Agreement  on  Trade  and  Commercial  and 
Economic Cooperation signed between the European Economic Community and the 
USSR  on  18  December  1989  shall  perform  the  duties  assigned  to  it  by  this 
Agreement  until  the  Cooperation  Council  provided  for  in  Article  81  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 Parties. 

Article 19 
IPCA Armenia  : Article 851 

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

Article 20 
IPCA Armenia  : Article 891 

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 
those  concerning 
defend  their  individual  rights and their property rights, including 
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 Armenia; 

- 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. 

/b 

Article 21 
fPCA  Armenia  : Article 901 

Nothing in the Agreement  shall prevent a Party from faking 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. 

Article 22 
[PCA Armenia  : Article 911 

1. 

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

-  the  arrangements  applied  by  the  Republic  of  Armenia  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 
Armenia shall not  give  rise to  any discrimination  between  Armenian nationals, 
or Armenian 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 
[PCA Armenia  : Article 921 

1. Each  Party  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, either Party may notify  the other of the appointment of a conciliator; 
the other Party must then appoint a second conciliator within two months. 

The Joint Committee shall appoint a third  conciliator. 

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

4.  The Joint Committee may establish rules of procedure for dispute settlement. 

IG 

x 

Article  24 
IPCA Armenia  : Article 931 

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, 23  and  28. 

Article  25 
IPCA  Armenia  : Article 941 

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

Article  26 
fPCA  Armenia  : Article 961 

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 

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

and  Cooperation  Agreement  signed  on 22 April  1996. 

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  28 
fPCA  Armenia  : Article 981 

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

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

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

Article  29 
[PCA  Armenia  : Article 991 

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

(> 

Article 30 
[PCA Armenia  : Article 1011 

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 
Armenia. 

Article 31 

This  Agreement  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish, 
French,  German,  Italian,  Spanish,  Swedish,  Greek,  Portuguese,  and  Armenian 
languages, each of these texts being equally authentic. 

Article 32 

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

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

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

I* 

LIST OF DOCUMENTS ATTACHED 

Annex I 

Indicative list of advantages granted by the Republic of Armenia to the 
Independent States in accordance with Article 2(3). 

Annex II  Intellectual, industrial and commercial property conventions referred to in 

Article 15. 

Protocol on mutual assistance in customs matters between administrative authorities. 

ANNEX I 

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

All Independent States -
No import duties are implemented. 

to 
-rr 

ANNEX II 

Intellectual, Industrial and Commercial Property  conventions 
referred  to in Article 15 

1.  Community acts referred  to in Article  15. 

-  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  Armenia,  with  a  view  to  reaching  mutually  satisfactory 
solutions. 

2/ 
AT 

PROTOCOL 

ON MUTUAL ASSISTANCE 

BETWEEN ADMINISTRATIVE AUTHORITIES 

IN CUSTOMS MATTERS 

71 

ARTICLE 1 

Definitions 

For the purposes of this Protocol : 

a)  "customs  legislation"  shall  mean any legal  or  regulatory  provisions  applicable 
in the  territory  of  the  Parties  governing  the  import,  export,  transit  of  goods 
and  their  placing  under  any  customs  procedure,  including  measures  of 
prohibition, restriction and control; 

b)  "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; 

c)  "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; 

d)  "personal  data",  shallN mean  all  information  relating  to  an  identified  or 

identifiable  individual. 

ARTICLE 2 

Scope 

1.  The Parties shall  assist  each other,  in the areas within their jurisdiction,  in the  manner 
and  under  the  conditions  laid  down  in  this  Protocol,  in  preventing,  detecting  and 
investigating  operations in breach of customs legislation. 

2.  Assistance  in  customs  matters,  as  provided  for  in  this  Protocol,  shall  apply  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  authorities, 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  which  may  enable  it  to  ensure  that  customs  legislation  is 
correctly applied,  including  information  regarding  operations  noted  or  planned  which 
are or could be in breach of 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. 

J3 

At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  within  the 
framework  of its laws, take the necessary  steps to  ensure that a special  watch is kept 
on : 

(a) 

natural  or legal  persons  of whom there are reasonable  grounds  for  believing 
that they are breaching or have breached customs legislation; 

(b)  places  where  goods  are  stored  in  a  way  that  gives  grounds  for  suspecting 

that they are intended to supply operations in breach of customs legislation; 
(c)  movements  of goods  notified  as  possibly  giving rise to  breaches  of  customs 

legislation; 

(d)  means of transport for which there are reasonable  grounds  for believing that 
they  have  been,  are  or  might  be  used  in  operations  in  breach  of  customs 
legislation. 

ARTICLE 4 

Spontaneous  assistance 

The  Parties  shall  provide  each  other,  as  far  as  their  national  laws,  rules  and  other  legal 
instruments  allow,  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  are  or  appear  to  be  in  breach  of  such  legislation  and  which 

may be of interest to the other Party; 

-  new means or methods employed  in carrying out such operations; 
-  goods known to be subject to breaches of customs legislation. 
-  natural  or  legal  persons  of  whom  there  are  reasonable  grounds  for  believing 

that they are or have been in breach of customs legislation 

-  means  of  transport  for  which  there  are  reasonable  grounds  for  believing  that 
they  have  been,  are  or  might  be  used  in  operations  in  breach  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 cases, Article 6(3)  shall apply as far as the request itself is concerned. 

2M 

ARTICLE 6 

Form and substance of requests for  assistance 

1.  Requests  pursuant  to  this  Protocol  shall  be  made  in  writing.  They  shall  be 
accompanied  by  the  documents  necessary  to  enable  compliance  with  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 shall include the following  information : 

(a) 
(b) 
(c) 
(d) 
(e) 

the applicant authority making the request; 
the measure requested; 
the object of and the reason for the request; 
the laws, rules and other legal elements involved; 
indications  as exact  and comprehensive  as possible  on  the  natural  or  legal 

persons who  are 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 that authority. 

4. 

If a request  does  not  meet the formal  requirements,  its correction  or completion  may 
be requested; precautionary measures may, however,  be ordered. 

ARTICLE 7 

Execution  of requests 

1. 

In  order  to  comply  with  a  request  for  assistance,  the  requested  authority  shall 
proceed,  within the limits of 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.  This  provision  shall  also  apply  to  the 
administrative  department  to  which  the  request  has  been  addressed  by the  requested 
authority when the latter cannot act on itjs own. 

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

legal instruments of the requested Party. 

3.  Duly  authorized  officials  of  a  Party  may,  with  the  agreement  of  the  other  Party 
involved  and subject to  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  operations  which  are  or  may  be  in  breach  of 
customs  legislation  which  the  applicant  authority  needs  for  the  purposes  of  this 
Protocol. 

ar 

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

ARTICLE 8 

Form in which information  is to be communicated 

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

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

information  produced in any form for the same purpose. 

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 would: 

(a) 

be likely to prejudice the sovereignty of the Republic of Armenia or that of a 
Member  State  of the European  Union  which  has been  asked  for  assistance 
under this Protocol; or 

(b)  be  likely  to  prejudice  public  policy,  security  or  other  essential  interests,  in 

particular in the cases referred  to under Article 10 (2); or 
involve currency or tax regulations other than customs legislation; or 

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

2.  Where the  applicant  authority  requests  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 refused,  the decision  and the reasons therefor  must  be notified  to  the 
applicant authority without delay; 

ARTICLE 10 

Information  exchange and confidentiality 

- -~~. 

1  Any information  communicated  in whatsoever form pursuant to this Protocol  shall be 
of a confidential  or restricted  nature, depending on the rules applicable in each of the 
Parties.  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 institutions. 

\ ), 

2.0 

fa 

2.  Personal data may be exchanged  only where the receiving Party undertakes to protect 
such data in at least an equivalent way to the one applicable to that particular  case in 
the supplying Party. 

3. 

Information  obtained  shall  be  used  solely for  the  purposes  of this Protocol.  Where 
one of the Parties requests the use of such information  for other purposes, it shall ask 
for  the  prior  written  consent  of  the  authority  which  furnished  the  information. 
Moreover, it shall be subject to any restrictions laid dov/n by that authority. 

4.  Paragraph  3 shall not  impede the use  of information  in any judicial  or  administrative 
proceedings  subsequently  instituted  for  failure  to  comply  with  customs  legislation. 
The competent authority which supplied that information  shall be notified  of such use. 

5.  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 11 

Experts and witnesses 

1. An official  of a requested  authority  may be authorized  to appear, within the limitations 
of  the  authorization  granted,  as  an  expert  or  witness  in  judicial  or  administrative 
proceedings regarding the matters covered by this Protocol in the jurisdiction of the other 
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. 

2.  The authorized  official  shall  enjoy  the  protection  guaranteed  by existing  legislation  to 
officials  of the applicant authority on its territory. 

ARTICLE 12 

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 public service employees. 

2* 

ARTICLE 13 

Application 

1.  The  application  of this  Protocol  shall  be  entrusted  to  the  central  customs  authorities 
of  the  Republic  of  Armenia  on  the  one  hand  and  the  competent  services  of  the 
European  Commission  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 the 
rules in force  in the field of data protection.  They may recommend  to  the  competent 
bodies amendments which they consider should 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  14 

Complementarity 

Without  prejudice  to  Article  10,  any  agreements  on  mutual  assistance  which  have 
been concluded  between  one  or more Member  States of the European  Union and the 
Republic  of  Armenia  shall  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. 

N9 

3£ 

JOINT DECLARATION  CONCERNING TITLE II 

All references to the GATT are to the text of the GATT as modified in 1994. 

z4 

JOINT DECLARATION CONCERNING ARTICLE 7 

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

•<J 

50 
Jiff 

JOINT DECLARATION  CONCERNING ARTICLE 8 

Until the Republic of Armenia accedes to the WTO, the Parties shall hold  consultations in 
the Joint  Committee on their  import  tariff  policies, including  changes in tariff  protection. 
In particular, such consultations shall be offered  prior to the increase of tariff protection. 

3/ 

JOINT DECLARATION  CONCERNING ARTICLE 15 

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, 

32-
-2< 

JOINT DECLARATION CONCERNING ARTICLE 28 

1.  The  Parties  agree,  for  the  purpose  of  its  correct  interpretation  and  its  practical 
application,  that  the  term  "cases  of  special  urgency"  included  in  Article  28  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. 

2.  The  parties  agree  that  the  "appropriate  measures"  referred  to  in  Article  28  are 
measures taken  in accordance with international  law.  If a party takes  a measure in a 
case  of  special  urgency  as  provided  for  under  Article  28,  the  other  party  may avail 
itself of the procedure relating to settlement of disputes. 

33 

Unilateral  declaration  by the Republic  of Armenia  concerning the protection  of 

intellectual, industrial  and  commercial  property  rights 

The Republic of Armenia declares that : 

1.  By  the  end  of  the  fifth  year  after  entry  into  force  of the  Agreement,  the 
Republic of Armenia  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, 1991). 

3.  The  Republic  of  Armenia  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 Armenia  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  Armenia  to  any  third  country  on  an  effective  reciprocal  basis  or  to 
advantages granted by the Republic of Armenia to another country of the  former 
USSR. 

3^ 

—26 

ISSN 0254-1475 

COM(96) 321  final 

DOCUMENTS 

EN 

11  02 

Catalogue number  : CB-CO-96-350-EN-C 

ISBN 92-78-06863-2 

Office  for Official  Publications of the Europein Communities 

L-2985 Luxembourg