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 AZERBAIJAN, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1996-11-27
Institutions: European Commission
Subjects: Azerbaijan, cooperation agreement (EU), economic cooperation, trade agreement (EU), trade cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.11.1996 
COM(96) 613  final 

96/0299 (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 AZERBAIJAN, 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 THE EUROPEAN ATOMIC ENERGY 
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 AZERBAIJAN, 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 Azerbaijan, on the other. 

2.  Pending ratification  of the Partnership and Cooperation  Agreement  with the  Republic 
of  Azerbaijan,  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  Azerbaijan. 

3.  The  Interim  Agreement  providing  for  provisional  implementation  of  the  part  of  the 
Partnership  and  Cooperation  Agreement  on  trade  and  trade-related  measures  was 
initialled  in  Brussels  on  20  September  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 Azerbaijan  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 the EAEC. 

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 attached at I; 

- the  Commission  will  conclude  the  Agreement  on behalf  of the  European  Coal  and 
Steel  Community  by  adopting  the  Decision  attached  at  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  attached  at  II,  in  accordance  with  the 
second paragraph of Article  101 of the EAEC Treaty, with the approval of the Council 
acting by qualified  majority. 

6.  The Commission  accordingly  requests the Council  to adopt the proposal  attached  at I 

and to give its assent and approval to the decision attached at II. 

/ 

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

A 

Proposal for 

COUNCIL DECISION 

0F 

96/0299  (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 COMMUNITY, OF THE ONE PART, 
AND THE REPUBLIC OF AZERBAIJAN, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 
(  /EC) 

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 Azerbaijan,  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 Azerbaijan, of the other part, 

HAS DECIDED AS FOLLOWS : 

Article  31 

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 thé one part, and the Republic of Azerbaijan,  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 on behalf of the European Community. 

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, 

5 

II 

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

/f 

(>7 

Draft 

COMMISSION DECISION 

OF 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN C O AL 
AND STEEL C O M M U N I TY AND THE EUROPEAN ATOMIC ENERGY 
C O M M U N I TY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN 
COMMUNITY, THE EUROPEAN COAL AND STEEL C O M M U N I TY AND THE 
EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE O NE PART, 
AND THE REPUBLIC OF AZERBAIJAN, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 

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

THE EUROPEAN COMMISSION, 

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

Having regard to the Treaty establishing the European Atomic Energy Community and in 
particular the 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 Azerbaijan  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 Azerbaijan,  of the other part, on trade and trade-related 
matters initialled on 20 September  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 I 

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 Azerbaijan, 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 the European Atomic Energy Community. 

These texts are attached to this Decision. 

b 

Arlickl 

The President of the European Commission is hereby authorised to designate the persons 
empowered  to  sign  the  Interim Agreement  on  behalf  of  the  European  Coal  and  Steel 
Community and the European Atomic Energy Community. 

Article 3 

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, 

<« 

G 

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 AZERBAIJAN, 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  Azerbaijan,  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 
Azerbaijan 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  Azerbaijan  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 Azerbaijan 

7-

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 AZERBAIJAN 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 AZERBAIJAN 

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 
Azerbaijan 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: 

r 

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

THE REPUBLIC OF AZERBAIJAN : 

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

Have agreed as follows : 

TITLE I : GENERAL PRINCIPLES 
[PCA Azerbaijan; Title I] 

Article _A. 
[PCA Azerbaijan ; Article 2] 

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 
[PCA Azerbaijan  : Title III] 

Arikki 
[PCA Azerbaijan i Article 9] 

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. 

*r 

a 1 

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

Article 3 
[PÇA Azerbaijan  ; Article IQ] 

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, 
or to the provisions of Article 21. 

Article 4 
[PCA Azerbaijan ; Article 11] 

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 
[PCA Azerbaijan : Article 12] 

1.  Goods  originating  in  the  Republic  of  Azerbaijan  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 
Azerbaijan  free  of  all  quantitative  restrictions  and  measures  of  equivalent  effect, 
without prejudice to Articles 7, 10 and 11 of this Agreement. 

/© 

Article 6 
[PCA Azerbaijan ; Article 113] 

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

Article 7 
[PCA Azerbaijan ; Article 14] 

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  directly  competitive  products,  the  Community  or  the 
Republic  of  Azerbaijan,  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 Azerbaijan  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 S 
[PCA Azerbaijan  ; Article 15] 

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 Azerbaijan  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. 

// 

Article 9 
[PCA Azerbaijan  : Article 16] 

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 
[PCA Azerbaijan  ; 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 December  1995 and  applied  provisionally  since  1st  January 
1996. 

Article 11 
[PCA Azerbaijan  ; Article 18] 

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  Azerbaijan 
on the other. 

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

[PCA Azerbaijan  ; Article 19] 

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 Azerbaijan. 

^T 

fi-

TITLE III • 
PAYMENTS. COMPETITION AND OTHER ECONOMIC PROVISIONS 
[PCA Azerbaijan : Title IV] 

Article 13 
[PCA Azerbaijan ; Article 41 (1Ï] 

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

Article 14 
[PCA Azerbaijan : Article 43 (4)] 

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 
[PCA Azerbaijan  ; Article 42 (1)] 

Pursuant  to the provisions  of this Article  and  of  Annex  II, the  Republic  of  Azerbaijan 
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. 

^ 

/2 

TITLE IV ; INSTITUTIONAL, GENERAL ANP FINAL PROVISIONS 
[PCA Azerbaijan  ; Title XII 

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 13 

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 
[PCA Azerbaijan  ; Article 85] 

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

Article 20 
[PCA Azerbaijan  : Article 89] 

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 Azerbaijan; 

- 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. 

h 

Article 21 
[PCA Azerbaijan  : Article 90] 

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. 

Article 22 
[PÇA Azerbaijan ; Article 91] 

1. 

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

-  the  arrangements  applied  by  the  Republic  of  Azerbaijan  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 
Azerbaijan  shall  not  give  rise  to  any  discrimination  between  Azerbaijani 
nationals,  or  Azerbaijani  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. 

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. 

/r 

Article 24 
[PCA Azerbaijan  Î Article 93] 

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 
[PCA Azerbaijan  : Article 94] 

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

Article 26 
[PCA Azerbaijan  : Article 96] 

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 
[PCA Azerbaijan  : Article 98] 

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 Azerbaijan  : Article 99] 

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

fC, 

Aiîkklû 
[PCA Azerbaijan î Article 101] 

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 
Azerbaijan. 

Article 31 

This  Agreement  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish, 
French,  German,  Italian,  Spanish,  Swedish,  Greek,  Portuguese,  and  Azerbaijani 
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  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  Azerbaijan 
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. 

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LIST OF DOCUMENTS ATTACHED 

Annex I 

Indicative list of advantages granted by  the Republic of Azerbaijan 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. 

JJK' 

rf 

ANNEXI 

Advantages granted by the Republic of Azerbaijan to the Independent States in 
accordance with Article 2 (3) 

1.  No import duties are applied. 

2.  No  export  duties  are  applied  with  respect  to  goods  delivered  under  annual  bilateral 
interstate  trade  and  cooperation  arrangements,  within  the  nomenclature  stipulated 
therein. 

3.  No VAT is applied on import. 

4.  No excise duties are applied on import. 

S* 

fc? 

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  Azerbaijan,  with  a  view  to  reaching  mutually  satisfactory 
solutions. 

J*T 

PROTOCOL 

ON MUTUAL ASSISTANCE 

BETWEEN ADMINISTRATIVE  AUTHORITIES 

IN CUSTOMS MATTERS 

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ià£$JLtkscJLJCu,L 

Munitions 

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",  shall  mean  all  information  relating  to  an  identified  or 

identifiable  individual. 

ARILCLO 

SÊÛPÊ 

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. 

ARTICLED 

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 

&SÀ 

imported  into  the  territory  of  the  other  Party,  specifying,  where  appropriate,  the 
customs procedure applied to the goods. 

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 

AKJUvLfc «> 

Pelivery/Notifieation 

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. 

^f 

di 

ARTICLED 

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 its 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. 

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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. 

ARTICLED 

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. 

ARTICLED 

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 Azerbaijan  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. 

1ST 

6>s 

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 down 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 U 

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. 

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Application 

1.  The application  of this Protocol  shall be entrusted  to the central customs  authorities 
of  the  Republic  of  Azerbaijan  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  Azerbaijan  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. 

a T 

JOINT DECLARATION CONCERNING TITLE II 

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

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2F 

JOINT DECLARATION CONCERNING ARTICLE 7 

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

JOINT DECLARATION CONCERNING ARTICLE 8 

Until the Republic of Azerbaijan  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 
rights  relating  to  patents,  industrial  designs,  geographical 
including 
appellations  of origin, trademarks  and service marks,  topographies of integrated  circuits 
as  well  as  protection  against  unfair  competition  as  referred  to  in  Article  10 bis  of  the 
Paris  Convention  for  the protection  of Industrial  Property  and  protection  of  undisclosed 
information  on know-how. 

indications, 

X 

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 

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

a) 
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. 

^3ff 

32 

Unilateral declaration by the Republic of Azerbaijan concerning the protection 

of intellectual, industrial and commercial property rights 

The Republic of Azerbaijan declares that : 

1.  By  the  end  of  the  fifth  year after  entry  into  force  of the Agreement, the 
on 
Republic  of  Azerbaijan  shall  accede  to  the  multilateral  conventions 
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 Azerbaijan  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  Azerbaijan  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 Azerbaijan to any third country on an effective  reciprocal basis or to 
advantages  granted  by  the  Republic  of  Azerbaijan  to  another  country  of  the 
former USSR. 

^_Oér 

32 

ISSN 0254-1475 

COM(96) 613 final 

DOCUMENTS 

EN 

11  02  12 

Catalogue  number  :  CB-CG-96-628-BN-C 

ISBN  92-78- 12866-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

3^7