2004/870/EC: Council decision of 29 April 2004 concerning the conclusion of the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: European Community, Pakistan, cooperation agreement (EU), cooperation policy, development policy, ratification of an agreement

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COUNCIL DECISION

of 29 April 2004

concerning the conclusion of the Cooperation Agreement between the European Community and the
Islamic Republic of Pakistan

(2004/870/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Article 1

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 133 and 181, in conjunction with
the first sentence of Article 300(2) and the first subparagraph of
Article 300(3) thereof,

Having regard to the proposal from the Commission (1),

The Cooperation Agreement between the European Community
and the Islamic Republic of Pakistan is hereby approved on behalf
of the Community.

The text of the Agreement is attached to this Decision.

Having regard to the opinion of the European Parliament,

Article 2

Whereas:

The President of the Council shall give the notification provided
for in Article 23 of the Agreement.

(1)

(2)

(3)

(4)

The Commission has negotiated on behalf of the Commu-
nity a Cooperation agreement between the European Com-
munity and the Islamic Republic of Pakistan.

The Agreement has been signed, on behalf of the Commu-
nity subject to its conclusion.

Under Article 177 of the Treaty, Community policy in the
sphere of development cooperation is to foster the sustain-
able economic and social development of the developing
countries, their smooth and gradual integration into the
world economy and the campaign against poverty in these
countries.

The Community should approve, in pursuit of its objec-
tives in the sphere of external relations, the Cooperation
Agreement between the European Community and the
Islamic Republic of Pakistan,

HAS DECIDED AS FOLLOWS:

Article 3

The Commission, assisted by representatives of the Member
States, shall represent the Community in the Joint Commission
provided for in Article 16 of the Agreement.

Article 4

This Decision shall be published in the Official Journal of the Euro-
pean Union.

Done at Luxembourg, 29 April 2004.

For the Council
The President
M. McDOWELL

(1) OJ C 17, 22.1.1999, p. 6.

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COOPERATION AGREEMENT

between the European Community and the Islamic Republic of Pakistan on partnership and
development

THE EUROPEAN COMMUNITY,

of the one part,

THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN,

of the other part,

CONSIDERING the excellent relations and links of friendship and cooperation between the European Community, herein-
after referred to as ‘the Community’, and the Islamic Republic of Pakistan, hereinafter referred to as ‘Pakistan’,

RECOGNISING the importance of further strengthening the links and enhancing the relations between the Community and
Pakistan,

REAFFIRMING the importance which the Community and Pakistan attach to the principles of the United Nations Charter
and to the Universal Declaration on Human Rights,

BEARING IN MIND the 1993 Declaration of Vienna and the Programme of Action of the World Conference on Human
Rights, the 1995 Copenhagen Declaration on social development and Programme of Action, the 1995 Beijing Declaration
and platform of action for the fourth World Conference on Women, the 1992 Rio Declaration on Environment and Devel-
opment and the International Strategy for the Fourth Development Decade,

HAVING REGARD to the foundations for close cooperation between the Community and Pakistan laid by the Agreement
between Pakistan and the Community signed on 16 November 1976,

NOTING with satisfaction the achievements resulting from that Agreement,

INSPIRED by their common will to consolidate, deepen and diversify their relations in areas of mutual interest on the basis
of equality, non-discrimination and mutual benefit and reciprocity,

ACKNOWLEDGING the great importance of social development which should go hand in hand with economic development,

RECOGNISING the need to support Pakistan’s efforts for development, especially improving the living conditions of the poor
and disadvantaged sections of the population,

CONSIDERING the importance attached by the Community and Pakistan to the promotion of balanced demographic
growth, to the eradication of poverty, to the protection of the environment and to the sustainable use of natural resources,
and recognising the link between the environment and development,

DESIROUS of creating favourable conditions for a substantial development and diversification of trade between the Com-
munity and Pakistan and enhancing cooperation in commercial, economic, investment, science and technology and cultural
fields,

TAKING INTO ACCOUNT their commitment to conduct trade in accordance with the Agreement establishing the WTO,

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RECOGNISING the specific needs of developing countries under the WTO,

HAVING REGARD to the need to create favourable conditions for direct investment,

NOTING their common interest in fostering and strengthening regional cooperation and the north-south dialogue,

BELIEVING that relations between them have developed beyond the scope of the Agreement concluded in 1986,

HAVE DECIDED, as Contracting Parties, hereinafter referred to as ‘the Parties’, to conclude this Agreement and to this end
have designated as their Plenipotentiaries:

THE EUROPEAN COMMUNITY:

Guy VERHOFSTADT
Prime Minister of the Kingdom of Belgium

Romano PRODI
President of the Commission of the European Communities

THE GOVERNMENT OF PAKISTAN:

General Pervez MUSHARRAF
Chief Executive of the Islamic Republic of Pakistan

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

Basis

Respect for human rights and democratic principles as laid down
in the Universal Declaration on Human Rights underpins the
domestic and international policies of the Community and the
Islamic Republic of Pakistan and constitutes an essential element
of this Agreement.

Article 2

Objectives

3.

to promote investment and economic, technical and cultural
links in their mutual interest;

4.

to build Pakistan’s economic capability to interact more effec-
tively with the Community.

Article 3

Trade and commercial cooperation

1. Within the bounds of their respective competences the Par-
ties are committed to conducting trade in accordance with the
Agreement establishing the WTO.

The principal objectives of this Agreement are to enhance and
develop, through dialogue and partnership, the various aspects of
cooperation between the Parties in the areas which fall within the
bounds of their respective competences, with the following aims:

2.
Each Party agrees to inform the other Party of the initiation
of anti-dumping procedures against products of the other Party.

1.

2.

to secure the conditions for and to promote the increase and
development of two-way trade between the Parties in accor-
dance with the Agreement establishing the World Trade
Organisation (WTO);

In full respect of the WTO Agreements on anti-dumping and anti-
subsidy measures, the Parties shall afford sympathetic consider-
ation to, and adequate opportunity for consultation regarding,
representations made by either Party with respect to anti-dumping
procedures and anti-subsidy procedures.

to support Pakistan’s efforts for comprehensive and sustain-
able development, including economic and social develop-
ment policies which take account of the poor and disadvan-
taged sections of its population, particularly women in these
sections, as well as sustainable management of natural
resources;

3.
The Parties also undertake to promote, within the frame-
work of their current legislation, the expansion and diversifica-
tion of trade between them. The objective of cooperation in this
field is to develop and diversify two-way trade by seeking ways
and means to improve market access.

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4.

The Parties shall seek:

(a)

to work towards the elimination of barriers to trade and to
implement measures to improve transparency, in particular
through the timely removal of non-tariff barriers in accor-
dance with work done in this connection by WTO;

(b) within the limits of their respective competences, to improve
cooperation in customs matters between the respective
authorities, especially in professional training, the simplifica-
tion and harmonisation of customs procedures and the pre-
vention, investigation and penalisation of customs offences,
including fraudulent practices, consistent with work done by
the World Customs Organisation (WCO);

(c)

to pursue the consideration of transit/re-export matters;

(d)

to exchange information about mutually beneficial market
statistical cooperation and competition
opportunities,
matters;

(e)

to work towards suitable protection of personal data.

5.

(a) Pakistan shall take all necessary measures to improve
the conditions for adequate and effective protection and
enforcement of intellectual, industrial and commercial
property rights,
in conformity with international
standards.

(b) By the end of the fifth year following the entry into
force of this Agreement, and without prejudice to the
commitments undertaken under the TRIPs Agreement,
Pakistan shall accede to the following multilateral con-
industrial and commercial
ventions on intellectual,
property rights to which Member States are parties or
which are de facto applied by Member States, accord-
ing to the relevant provisions contained in these
conventions:

(i)

Paris Convention for the Protection of Industrial
Property as last revised at Stockholm (Stockholm
Act 1967);

(ii) Madrid Agreement concerning the International
Registration of Marks as last revised at Stockholm
(Stockholm Act 1967);

(iii) Protocol relating to the Madrid Agreement con-
cerning the International Registration of Marks
(1989);

(iv) Patent Cooperation Treaty (PTC Union) as modified

in 1984.

(c)

In order to enable Pakistan to fulfil the abovementioned
undertakings and obligations, technical assistance may
be envisaged.

6. Within the limits of their respective competences, the Par-
ties agree that they will work to improve exchange of informa-
tion and access to their respective public procurement markets on
the basis of reciprocity.

Article 4

Development cooperation

The Parties recognise that there is a potential for a Commu-
1.
nity contribution to the development efforts of Pakistan in order
to achieve the sustainable economic development and social
progress of its people.

Projects and programmes under development cooperation will
place emphasis on the health, education, human resource devel-
opment, specially for women, population welfare, environment
and rural development sectors and will be specifically targeted
towards the poorer and disadvantaged section of the population.

In light of the above and in accordance with Community policies,
regulations and the limits of financial means available for coop-
eration, the Parties agree that cooperation will continue to be
developed within the context of a clear cooperation strategy and
dialogue aimed at defining mutually agreed priorities, and pursu-
ing effectiveness and sustainability.

2.
The Parties acknowledge the need for enhanced attention to
and cooperation in the fields of drug control and AIDS, taking
into account work done in this connection by international bod-
ies. The Parties affirm their resolve to cooperate in the prevention,
monitoring and reduction of drug abuse and AIDS, in particular
through the strengthening of health services capabilities and sup-
port to key health education activities.

Article 5

Environmental cooperation

1.
The Parties recognise the need to take account of environ-
mental protection as an integral part of economic and develop-
ment cooperation. Moreover, they underline the importance of
environmental issues and their will to establish cooperation in
protecting and improving the environment with particular
emphasis on water, soil and air pollution, erosion, deforestation
and sustainable management of natural resources, taking into
account the work done in international forums.

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Particular attention will be paid to:

(a)

the sustainable management of forest eco-systems;

(d)

strengthening management training in Pakistan with a view
to developing business operators who are able to interact
effectively with the European business environment;

(b) protection and conservation of natural forests;

(e) promoting dialogue between Pakistan and the Community in
the fields of energy policy and transfer of technology;

(c) prevention of industrial pollution;

(d) protection of the urban environment.

2.

Cooperation in this area will centre on:

(f) developing and improving communication,

information,

technology, agriculture, fisheries, mining and tourism.

The Parties agree to pursue the following means to achieve

3.
their aims:

(a)

exchange of information and ideas;

(a)

reinforcing and improving environmental protection
institutions;

(b) preparation of studies;

(b) developing legislation and upgrading standards;

(c) provision of technical assistance;

(c)

research, training and information;

(d)

training programmes;

(d) executing studies and pilot programmes and providing tech-

nical assistance.

(e)

establishment of links between research and training centres,
specialised agencies and business organisations;

Article 6

Economic cooperation

In accordance with their respective policies and objectives
1.
and to the extent of their available resources, the Parties under-
take to foster economic cooperation for mutual benefit. They will
determine together, to their mutual advantage and within the lim-
its of their respective competences, a cooperation strategy, defin-
ing the areas and priorities for economic cooperation pro-
grammes and activities.

2.

The Parties agree to cooperate in the following broad fields:

(a) developing a creative competitive economic environment in
Pakistan by facilitating the use of know-how and technology
from the Community, including, in the fields of design, pack-
aging, standards, such as consumer and environmental stan-
dards, new materials and products;

(f) promotion of investment and joint ventures;

(g)

institutional development of public and private agencies and
administrations;

(h) access to each other’s existing databases and creation of new

ones;

(i) workshops and seminars;

(j)

exchanges of experts.

4. Within the limits of their respective competences, the Par-
ties undertake to encourage an increase in mutually beneficial
investment by establishing a more favourable climate for private
investments through better conditions for the transfer of capital
and by supporting, where appropriate, the conclusion of conven-
tions on the promotion and protection of investments between
the Member States of the Community and Pakistan.

(b)

facilitating contacts between economic operators and other
measures designed to promote commercial exchanges, mar-
ket development and investment;

Article 7

Industry and Services

(c)

facilitating exchanges of information on policies relating to
enterprise and to small and medium-sized enterprises (SMEs),
particularly with a view to improving the business environ-
ment and encouraging closer contacts between SMEs, in
order to promote trade and increase industrial cooperation
opportunities;

1.

The Parties shall facilitate:

(a)

the identification of sectors of Industry on which coopera-
tion will centre and the means to promote industrial
cooperation;

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(b)

the expansion and diversification of Pakistan’s production
base in the industrial and service sectors, including moderni-
sation and reform of the public sector, directing their coop-
erative activities at small and medium-sized enterprises and
taking steps to facilitate their access to sources of capital,
markets and technology directed especially towards promot-
ing trade between the Parties as well as at third country
markets.

2.
The parties shall facilitate within the sphere of their respec-
tive competences, access to available information and capital
facilities in order to encourage projects and operations promot-
ing cooperation between firms, such as joint ventures, subcon-
tracting, transfer of technology, licences, applied research and
franchises.

2. Without excluding any area, the Parties agree to give par-
ticular consideration to the following actions:

(a)

technical assistance (services of outside experts, training of
technical staff in certain practical aspects of integration);

(b) promotion of intra-regional trade;

(c)

support for regional institutions and for joint projects and
initiatives established under regional organisations such as
the South Asian Association for Regional Cooperation
(SAARC) and the Economic Cooperation Organisation
(ECO);

Article 8

Agriculture, Livestock and Fisheries

(d)

support for studies on regional/sub-regional issues including,
inter alia, transport, communications, environmental matters
and human and animal health.

The Parties agree to cooperate and develop the agriculture, live-
stock and fisheries sector. In this connection, they undertake to
explore the possibility of joint ventures in the establishment of
food processing units, increasing trade opportunities and collabo-
rating in agricultural research.

Article 12

Cooperation in science and technology

Article 9

Tourism

The Parties agree to cooperate on tourism, through specific mea-
sures, including exchange of information and the carrying out of
studies, training programmes and the promotion of investment
and joint ventures in industries serving the tourism sector.

The Parties, in accordance with their respective policies and com-
petences, will promote scientific and technological cooperation in
areas of common interest, namely through training and joint
research programmes,
links between research institutions,
exchange of information and seminars. The Parties will endeav-
our to foster the transfer of know-how and exchange of informa-
tion on research projects especially in the fields of environment,
information technology, telecommunications, space technology,
biotechnology and marine biology.

Article 10

Energy

Article 13

Drug precursor chemicals and money laundering

The Parties recognise the importance of the energy sector to eco-
nomic and social development and undertake to step up coop-
eration relating particularly to the generating, saving and efficient
use of energy. Such improved cooperation will include planning
concerning energy, non-conventional energy and the consider-
ation of its environmental implications.

Article 11

Regional Cooperation

1.
In conformity with their respective competences and the
pertinent legal provisions, the Parties agree to cooperate in order
to prevent the diversion of drug precursor chemicals. They also
agree on the necessity of making every effort to prevent money
laundering.

Both Parties shall consider special measures against the illicit
2.
cultivation and production of, and trade in drugs, narcotics and
psychotropic substances as well as prevention and reduction of
drug abuse. Cooperation in this area shall include:

1.
The Parties agree that cooperation between them may
include actions undertaken under cooperation agreements with
other countries in the same region, provided that such action is
compatible with this agreement.

(a) assistance for the training and rehabilitation of addicts;

(b) measures for alternative economic development;

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(c)

exchanges of relevant information, ensuring that personal
data are suitably protected.

(b) development of new information technologies and telecom-

munications including mobile communication;

Article 14

Human resource development

The Parties agree that human resource development constitutes
an integral part of both economic and social development.

The Parties recognise that both education and skills development
as well as improving the living conditions of the poorer and dis-
advantaged section of the population, with special emphasis on
women and child welfare in this section, will contribute to creat-
ing a favourable economic and social environment.

The Parties recall the importance of the observance of internation-
ally recognised core labour standards set in the relevant instru-
ments of the International Labour Organisation, which is the
competent body to set and deal with these standards, as a major
factor of social and economic progress. They also recognise that
economic growth and development fostered by increased trade
and further trade liberalisation contribute to the promotion of
these standards.

(c)

the information society, including the promotion of the Glo-
bal Navigation Satellite Systems;

(d) multimedia technologies for telecommunication;

(e)

telematic networks and applications (transportation, health,
education, environment);

(f) promotion of investment and joint ventures.

Article 16

Institutional aspects

The Parties agree to set up a Joint Commission whose tasks

1.
shall be to:

(a)

ensure the proper functioning and implementation of this
Agreement;

They commit their support to the promotion of these standards
and to the discussion between the WTO and ILO Secretariats.

(b)

set priorities in relation to the aims of this Agreement;

The Community will provide assistance to programmes, includ-
ing ILO initiated programmes, aimed at supporting Pakistan’s
efforts in this respect.

(c) make recommendations for promoting the objectives of this

Agreement.

Article 15

Information, Culture and Communication

Within the sphere of their respective competences, the Parties
shall cooperate in the field of information, culture and commu-
nications, both to create a better mutual understanding and to
strengthen cultural
inter alia,
ties between them,
through studies and technical assistance for the preservation of
cultural heritage.

including,

The Parties also recognise the importance of cooperation in the
fields of telecommunications, the information society and multi-
media applications which contribute to increased economic devel-
opment and trade.

The Parties consider that cooperation in this area, within the
sphere of their respective competences, may facilitate:

(a)

regulation and policy for telecommunications;

Provisions will be laid down on the chairmanship of the meetings
and the setting up of subgroups.

2.
The Joint Commission shall be composed of representatives
of both sides, at an appropriate high level. The Joint Commission
shall normally meet on an annual basis, alternately in Brussels and
in Islamabad, on a date to be fixed by mutual agreement. Extraor-
dinary meetings may also be convened by agreement between the
Parties.

3.
The Joint Commission may set up specialised subgroups to
assist in the performance of its tasks and to coordinate the for-
mulation and implementation of projects and programmes in the
framework of the Agreement.

The agenda for meetings of the Joint Commission shall be

4.
determined by agreement between the Parties.

5.
The Parties agree that it shall also be the task of the Joint
Commission to ensure the proper functioning of any sectoral
agreements concluded or to be concluded between the Commu-
nity and Pakistan.

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Article 17

Evolutive clause

Article 20

Facilities

The Parties may by mutual consent expand this Agreement with
a view to enhancing the level of cooperation and add to it by
means of agreements on specific sectors or activities.

To facilitate cooperation in the framework of this Agreement, the
Pakistani authorities will grant to EC officials and experts involved
in implementing cooperation the guarantees and facilities neces-
sary for the performance of their functions. The detailed provi-
sions will be set out by way of a separate Exchange of Letters.

With regard to the implementation of this Agreement, either of
the Parties may put forward suggestions for widening the scope
of cooperation, taking into account the experience gained in its
application.

Article 21

Territorial application

Article 18

Other agreements

This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community is applied
and under the conditions laid down in that Treaty and, on the
other, to the territory of Pakistan.

Without prejudice to the relevant provisions of the Treaties estab-
lishing the European Communities, neither this Agreement nor
action taken thereunder shall in any way affect the powers of the
Member States of the European Union to undertake bilateral
activities with Pakistan in the framework of economic and devel-
opment cooperation or to conclude, where appropriate, new eco-
nomic and development cooperation agreements with Pakistan.

This Agreement shall not affect the application or implementa-
tion of commitments undertaken by the respective Parties in rela-
tions with third parties.

Article 22

Annexes

Annexes I and II to this Agreement shall form an integral part
thereof.

Article 23

Entry into force and renewal

Article 19

Non-execution of the Agreement

1.
This Agreement shall enter into force on the first day of the
month following the date on which the Parties notify each other
of the completion of the procedures necessary for this purpose.

1.
If either Party considers that the other Party has failed to ful-
fil any of its obligations under this Agreement, it may take appro-
priate measures.

2.
This Agreement is concluded for a period of five years. It
shall be automatically renewed on a yearly basis unless one of the
Parties renounces it at least six months before its expiry date.

Before doing so, except in cases of special urgency, it shall
2.
supply the other Party with all relevant information required for
a thorough examination of the situation with a view to seeking a
solution acceptable to the Parties.

Article 24

Authentic texts

3.
In the selection of measures, priority shall be given to those
which least disturb the functioning of this Agreement. These mea-
sures shall be notified immediately to the other Party and shall be
the subject of consultations if the other Party so requests.

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

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EN FE DE LO CUAL, los abajo firmantes, debidamente autorizados, suscriben el presente
Acuerdo.

TIL BEKRÆFTELSE HERAF har undertegnede behørigt befuldmægtigede underskrevet denne
aftale.

ZU URKUND DESSEN haben die Unterzeichneten, hierzu gehörig befugten Bevollmächtigten
dieses Abkommen unterschrieben.

EIΣ ΠIΣTΩΣH TΩN ANΩTEPΩ oι υπoγράφoυτες πληρεξoύσιoι δεόντως εξουσιοδοτημένοι προς
τούτο έθεσαν την υπογραφή τους κάτω από την παρούα συμφωνία.

IN WITNESS WHEREOF the undersigned, being duly authorised, have signed the present
Agreement.

EN FOI DE QUOI, les soussignés, dûment mandatés, ont apposé leur signature au bas du présent
accord.

IN FEDE DI CHE i sottoscritti, muniti di regolari poteri, hanno firmato il presente accordo.

TEN BLIJKE WAARVAN de ondergetekenden, naar behoren gemachtigd, hun handtekening
onder deze overeenkomst hebben geplaatst.

EM FÉ DO QUE os abaixo assinados, com os devidos poderes para o efeito, apuseram as suas
assinaturas no presente Acordo.

TÄMÄN VAKUUDEKSI jäljempänä mainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän
sopimuksen.

TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta avtal.

Hecho en Islamabad, el veinticuatro de noviembre del dos mil uno.

Udfærdiget i Islamabad den fireogtyvende november to tusing og en.

Geschehen zu Islamabad am vierundzwanzigsten November zweitausendundeins.

Eγινε στο Iσλαμαμπάντ, στις είκοσι τέσσερις Nοεμβρίου δύο χιλιάδες ένα.

Done at Islamabad on the twenty-fourth day of November in the year two thousand and one.

Fait à Islamabad, le vingt-quatre novembre deux mille un.

Fatto a Islamabad, addi’ ventiquattro novembre duemilauno.

Gedaan te Islamabad, de vierentwintigste november tweeduizendeneen.

Feito em Islamabade, em vinte e quatro de Novembro de dois mil e um.

Tehty Islamabadissa kahdentenakymmenentenäneljäneljäntenä päivänä marraskuuta vuonna
kaksituhattayksi.

Som skedde i Islamabad den tjugofjärde november tjugohundraett.

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Por la Communidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Гια την Eυρωπαϊκή Koινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

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ANNEX I

INTERPRETATIVE DECLARATIONS ON ARTICLE 19 – NON-EXECUTION OF THE AGREEMENT

(a)

For the purposes of the interpretation and practical application of the Agreement, the Parties agree that the cases of
special urgency referred to in Article 19 of the Agreement mean cases of material breach of the Agreement by one of
the two parties. A material breach of the Agreement consists in:

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

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

(b) The Parties agree that the ‘appropriate measures’ referred to in Article 19 are measures taken in accordance with inter-
national law. If a Party takes a measure in case of special urgency pursuant to Article 19, the other Party may avail itself
of the dispute settlement procedure.

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ANNEX II

JOINT DECLARATION ON INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY

The Parties agree for the purpose of this Agreement, that ‘intellectual, industrial and commercial property’ includes in par-
ticular protection of copyright and related rights, patents, industrial designs, trademarks and service marks, software, topog-
raphies of integrated circuits, geographical indications, as well as protection against unfair competition and protection of
undisclosed information on know-how.

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FINAL ACT

The Plenipotentiaries of:

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF PAKISTAN,

of the other part,

meeting at Islamabad on 24 November 2001 for the signature of the Cooperation Agreement between the European Com-
munity and the Islamic Republic of Pakistan on partnership and development,

have at the time of signature of this Cooperation Agreement

— adopted the following texts:

Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on partnership and
development

Annex I

Interpretative Declarations on Article 19: non-execution of the Agreement

Annex II

Joint Declaration on intellectual, industrial and commercial property

— adopted the text of the following declaration annexed to this Final Act:

Declaration by the European Community and the Islamic Republic of Pakistan.

The Plenipotentiaries of the European Community and the Islamic Republic of Pakistan have taken note of the following
statements:

Statement by the Islamic Republic of Pakistan on the Declaration on readmission agreements.

Unilateral statement by the Community on the occasion of the signing of the Cooperation – Agreement between the
European Community and the Islamic Republic of Pakistan.

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In witness whereof, the undersigned Plenipotentiaries have hereunto set their hands.

Hecho en Islamabad, el veinticuatro de noviembre del dos mil uno.

Udfærdiget i Islamabad den fireogtyvende november to tusing og en.

Geschehen zu Islamabad am vierundzwanzigsten November zweitausendundeins.

Eγινε στο Iσλαμαμπάντ, στις είκοσι τέσσερις Nοεμβρίου δύο χιλιάδες ένα.

Done at Islamabad on the twenty-fourth day of November in the year two thousand and one.

Fait à Islamabad, le vingt-quatre novembre deux mille un.

Fatto a Islamabad, addi’ ventiquattro novembre duemilauno.

Gedaan te Islamabad, de vierentwintigste november tweeduizendeneen.

Feito em Islamabade, em vinte e quatro de Novembro de dois mil e um.

Tehty Islamabadissa kahdentenakymmenentenäneljäneljäntenä päivänä marraskuuta vuonna kaksituhattayksi.

Som skedde i Islamabad den tjugofjärde november tjugohundraett.

Por la Communidad Europea
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Гια την Eυρωπαϊκή Koινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Voor de Europese Gemeenschap
Pela Comunidade Europeia
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

L 378/36

EN

Official Journal of the European Union

23.12.2004

DECLARATION BY THE EUROPEAN COMMUNITY AND THE ISLAMIC REPUBLIC OF
PAKISTAN

The European Community recalls the importance attached by its Member States to effective cooperation with third coun-
tries to facilitate the readmission of nationals of the latter who are present illegally in the territory of a Member State.

The Islamic Republic of Pakistan undertakes to conclude readmission agreements with the Member States of the European
Union which so request.

STATEMENT BY THE ISLAMIC REPUBLIC OF PAKISTAN ON THE DECLARATION ON
READMISSION AGREEMENTS

In agreeing to the undertaking ‘to conclude readmission agreements with the Member States of the European Union which
so request’, the Islamic Republic of Pakistan desires to make it clear that the undertaking exclusively represents Pakistan’s
readiness to enter into negotiations with the objective of concluding mutually acceptable readmission agreements with the
Member States of the European Union which so request. At present Pakistan does not have such readmission agreements
with any Member State of the European Union. However, on the request of EU Member States, Pakistan is willing to start
negotiations or intensify where such negotiations are already under way. Pakistan considers these negotiations as indepen-
dent of any other bilateral or multi-lateral agreements that it has concluded or is in the process of negotiating with EU Mem-
ber States or the European Commission. Also, Pakistan does not accept any non-negotiable text for such bilateral readmis-
sion agreements.

UNILATERAL STATEMENT BY THE COMMUNITY ON THE OCCASION OF THE
SIGNING OF THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN
COMMUNITY AND PAKISTAN

The joint declaration by the parties to the Agreement on the conclusion of readmission agreements in no way prejudices the
division of competence between the Community and its Member States under the provisions of Title IV (Article 63) of Part
Three of the Treaty establishing the European Community.