2011/188/EC: Council Decision of 27 July 2009 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 Turkmenistan, of the other part, on trade and trade-related matters
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: Turkmenistan, cooperation policy, interim agreement (EU), trade agreement (EU)




L_2011080EN.01001901.xml










26.3.2011   


EN


Official Journal of the European Union


L 80/19








            COUNCIL DECISION
         
of 27 July 2009
         
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 Turkmenistan, of the other part, on trade and trade-related matters
(2011/188/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,


Having regard to the proposal from the Commission,


Having regard to the Opinion of the European Parliament,

Whereas:







(1)


Pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, signed in Brussels on 25 May 1998, 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 Turkmenistan, of the other part, signed in Brussels on 10 November 1999.












(2)


Article 31 of that Interim Agreement on trade and trade-related matters should be amended in order to take into account the new official languages of the Community since the signature of the Agreement, through the Exchange of Letters between the European Community and Turkmenistan amending 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 Turkmenistan, of the other part, as regards the authentic language versions,





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 Turkmenistan, of the other part, together with its Annexes, the Protocol and the declarations, and the Exchange of Letters between the European Community and Turkmenistan amending 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 Turkmenistan, of the other part, as regards the authentic language versions, which amends Article 31 of that Interim Agreement on trade and trade-related matters, 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 Exchange of Letters 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.


Article 4
This Decision shall take effect on the date of its adoption.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            









            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 Turkmenistan 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
TURKMENISTAN,
of the other part,
WHEREAS a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part and Turkmenistan of the other part was initialled on 24 May 1997;
WHEREAS the aim of the Partnership and Cooperation Agreement is to strengthen and widen the relations established previously, notably by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation 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 Agreement on Trade and Commercial and Economic Cooperation;
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:
THE EUROPEAN COMMUNITY:
THE EUROPEAN COAL AND STEEL COMMUNITY:
THE EUROPEAN ATOMIC ENERGY COMMUNITY:
TURKMENISTAN:
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED AS FOLLOWS:



TITLE I


GENERAL PRINCIPLES

(PCA Turkmenistan: Title I)


Article 1

(PCA Turkmenistan: Article 2)

Respect for democracy and fundamental and human rights, as defined in the Universal Declaration of Human Rights, 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 this Agreement.



TITLE II


TRADE IN GOODS

(PCA Turkmenistan: Title III)


Article 2

(PCA Turkmenistan: Article 7)


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.






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 World Trade Organisation (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 31 December 1998, to advantages defined in Annex I granted by Turkmenistan to other states which have emerged from the dissolution of the USSR.



Article 3

(PCA Turkmenistan: Article 8)


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 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

(PCA Turkmenistan: Article 9)

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 Turkmenistan: Article 10)


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


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



Article 6

(PCA Turkmenistan: Article 11)

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


Article 7

(PCA Turkmenistan: Article 12)


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 Turkmenistan, 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 Turkmenistan 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 1994, the Agreement on Implementation of Article VI of the GATT 1994, the Agreement on Subsidies and Countervailing Measures or related internal legislation.



Article 8

(PCA Turkmenistan: Article 13)

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 future accession of Turkmenistan to the WTO. 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 Turkmenistan: Article 14)

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 Turkmenistan: Article 15)

This Title 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 30 December 1995 and applied provisionally since 1 January 1996.


Article 11

(PCA Turkmenistan: Article 16)


1.   Trade in products covered by the Treaty establishing the European Coal and Steel Community shall be governed by the provisions of this Title, 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 Turkmenistan 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

(PCA Turkmenistan: Article 17)

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 Turkmenistan.



TITLE III


PAYMENTS, COMPETITION AND OTHER ECONOMIC PROVISIONS

(PCA Turkmenistan: Title IV)


Article 13

(PCA Turkmenistan: Article 39(1))

The Parties undertake to authorise, in freely convertible currency, any current payments between residents of the Community and of Turkmenistan connected with the movement of goods, made in accordance with the provisions of this Agreement.


Article 14

(PCA Turkmenistan: Article 41(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 Turkmenistan: Article 40(1))

Pursuant to the provisions of this Article and of Annex II, Turkmenistan 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 effective means of enforcing such rights.


Article 16
Mutual administrative assistance in customs matters between the authorities of the Parties shall take place in accordance with the Protocol annexed to this Agreement.



TITLE IV


INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

(PCA Turkmenistan: Title XI)


Article 17
The Joint Committee set up by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation signed on 18 December 1989 shall perform the duties assigned to it by this Agreement until the Cooperation Council provided for in Article 77 of the Partnership and Cooperation Agreement is established.


Article 18
The Joint Committee may, for the purposes of attaining the objectives of the Agreement, make recommendations in the cases provided for therein.
It shall draw up its recommendations by agreement between the Parties.


Article 19

(PCA Turkmenistan: Article 81)

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


Article 20

(PCA Turkmenistan: Article 85)


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 Turkmenistan,










—


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 10 June 1958.







Article 21

(PCA Turkmenistan: Article 86)

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 technology.






Article 22

(PCA Turkmenistan: Article 87)


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






—


the arrangements applied by Turkmenistan 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 Turkmenistan shall not give rise to any discrimination between Turkmen nationals, or Turkmen 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 Turkmenistan: Article 88)


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 2 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.



Article 24

(PCA Turkmenistan: Article 89)

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 Turkmenistan: Article 90)

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


Article 26

(PCA Turkmenistan: Article 92)

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 initialled on 24 May 1997.


2.   Either Party may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply 6 months after the date of such notification.



Article 28

(PCA Turkmenistan: Article 94)


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 Turkmenistan: Article 95)

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


Article 30

(PCA Turkmenistan: Article 97)

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 Turkmenistan.


Article 31
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Italian, Spanish, Swedish, Greek, Portuguese and Turkmen 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 the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between Turkmenistan 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.





Hecho en Bruselas, el diez de noviembre de mil novecientos noventa y nueve.
Udfærdiget i Bruxelles den tiende november nitten hundrede og nioghalvfems.
Geschehen zu Brüssel am zehnten November neunzehnhundertneunundneunzig.
Έγινε στις Βρυξέλλες, στις δέκα Νοεμβρίου χίλια εννιακόσια ενενήντα εννέα.
Done at Brussels on the tenth day of November in the year one thousand nine hundred and ninety-nine.
Fait à Bruxelles, le dix novembre mil neuf cent quatre-vingt-dix-neuf.
Fatto a Bruxelles, addì dieci novembre millenovecentonovantanove.
Gedaan te Brussel, de tiende november negentienhonderd negenennegentig.
Feito em Bruxelas, em dez de Novembro de mil novecentos e noventa e nove.
Tehty Brysselissä kymmenentenä päivänä marraskuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdeksän.
Som skedde i Bryssel den tionde november nittonhundranittionio.






Por las Comunidades Europeas
For De Europæiske Fællesskaber
Für die Europäischen Gemeinschaften
Για τις Ευρωπαϊκές Κοινότητες
For the European Communities
Pour les Communautés européennes
Per le Comunità europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
Euroopan yhteisöjen puolesta
For Europeiska gemenskaperna
Европа Билелешигшшн адындан












Por Turkmenistán
For Turkmenistan
Für Turkmenistan
Για το Тουρκμενιστάν
For Turkmenistan
Pour le Turkménistan
Per il Turkmenistan
Voor Turkmenistan
Pelo Turquemenistão
Turkmenistanin puolesta
På Turkmenistans vägnar
Туркменнстаньн адындан











LIST OF DOCUMENTS ATTACHED







ANNEX I


:


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




ANNEX II


:


Intellectual, industrial and commercial property acts referred to in Article 15.




Protocol on mutual administrative assistance in customs matters.



ANNEX I

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

1.   Import/export taxation
No import or export duties are levied.
Services such as customs clearance, commissions and other duties levied by the State Customs, the State Commodity Exchange and the State Tax Inspection are not payable in the case of the following goods:






—


import of grain, baby food, foodstuffs which are sold to the population at state controlled prices,










—


goods imported on a contract basis and financed by the Turkmenistan state budget.




2.   Conditions of transportation and transit
In respect of the CIS countries which are Parties to the Multilateral Agreement ‘on the principles and conditions of relations in the field of transport’ and/or on the basis of bilateral agreements on transportation and transit, no taxes or fees are applied on a reciprocal basis for the transportation and customs clearing of goods (including goods in transit) and transit of vehicles.
Vehicles from CIS States are exempted from paying any duties when in transit through the territory of Turkmenistan.




ANNEX II

Intellectual, Industrial and Commercial Property acts 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 harmonising 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.










—


Regulation of the European Parliament and Council (EC) No 1610/96 of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products.










—


Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.










—


Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.
















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 Turkmenistan, with a view to reaching mutually satisfactory solutions.










            PROTOCOL
         
on mutual administrative assistance in customs matters



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 and transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control adopted by the said Parties;










(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;










(e)


‘operation in breach of the customs legislation’ shall mean any violation or attempted violation of customs legislation.






Article 2

Scope


1.   The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of customs legislation, in particular by preventing, detecting and investigating operations in breach of that 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, except where communication of such information is authorised by the said authorities.



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 compliance with customs legislation, including information regarding operations noted or planned which are or might 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.


3.   At the request of the applicant authority, the requested authority shall, within the framework of its laws, take the necessary steps to ensure special surveillance of:






(a)


natural or legal persons of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;










(b)


places where goods are stored in a way that gives grounds for suspecting that they are intended to be used in operations in breach of customs legislation;










(c)


movements of goods notified as possibly giving rise to operations in breach of customs legislation;










(d)


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







Article 4

Spontaneous assistance

The Parties shall provide each other, at their own initiative and in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:






—


operations which are or appear to be in breach of such legislation and which may be of interest to another Party,










—


new means or methods employed in carrying out such operations,










—


goods known to be subject to operations in breach of customs legislation,










—


natural or legal persons concerning whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,










—


means of transport concerning which there are reasonable grounds for believing that they have been, are or may 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 a case, Article 6(3) shall apply to the requests for communication or notification.


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)


the applicant authority making the request;










(b)


the measure requested;










(c)


the object of and the reason for the request;










(d)


the laws, rules and other legal elements involved;










(e)


indications as exact and comprehensive as possible on the natural or legal persons 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 authorised 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.


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 computerised information produced in any form for the same purpose.


3.   Original files and documents shall be requested only in cases where certified copies would be insufficient. Originals which have been transmitted shall be returned at the earliest opportunity.



Article 9

Exceptions to the obligation to provide assistance


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






(a)


be likely to prejudice the sovereignty of Turkmenistan or that of a Member State which has been asked to provide 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










(c)


involve currency or tax regulations other than customs legislation; or










(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 therefore 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 similar information under the relevant laws of the Party which received it and the corresponding provisions applying to the Community institutions.


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. Such use shall then 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 11

Experts and witnesses

An official of a requested authority may be authorised to appear, within the limitations of the authorisation 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.


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.


Article 13

Application


1.   The application of this Protocol shall be entrusted to the central customs authorities of Turkmenistan on the one hand and to the competent services of the Commission of the European Communities and, where appropriate, the customs authorities of the Member States 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

Other agreements


1.   Taking into account the respective competences of the European Community and the Member States, the provisions of this Protocol shall:






—


not affect the obligations of the Parties under any other international agreement or convention,










—


be deemed complementary with agreements on mutual assistance which have been or may be concluded between individual Member States and Turkmenistan, and










—


not affect the provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this agreement which could be of interest to the Community.






2.   Notwithstanding the provisions of paragraph 1, the provisions of this agreement shall take precedence over the provisions of the bilateral agreement on mutual assistance which have been or may be concluded between individual Member States and Turkmenistan insofar as the provisions of the latter are incompatible with those of this Protocol.


3.   In respect of questions relating to the applicability of this Protocol, the Parties shall consult each other to resolve the matter in the framework of the Joint Committee referred to in Article 17 of this Agreement.









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 ‘TURKMENISTAN’,
of the other part,
meeting at Brussels on 10 November 1999 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 Turkmenistan, of the other part, hereinafter referred to as the ‘Agreement’, have adopted the following texts:
the Agreement including its Annexes and the following Protocol:
Protocol on mutual administrative assistance in customs matters.


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






 


Joint Declaration on personal data










 


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 further taken note of the Unilateral Declaration listed below and annexed to this Final Act:
Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights.



Hecho en Bruselas, el diez de noviembre de mil novecientos noventa y nueve.
Udfærdiget i Bruxelles den tiende november nitten hundrede og nioghalvfems.
Geschehen zu Brüssel am zehnten November neunzehnhundertneunundneunzig.
Έγινε στις Βρυξέλλες, στις δέκα Νοεμβρίου χίλια εννιακόσια ενενήντα εννέα.
Done at Brussels on the tenth day of November in the year one thousand nine hundred and ninety-nine.
Fait à Bruxelles, le dix novembre mil neuf cent quatre-vingt-dix-neuf.
Fatto a Bruxelles, addì dieci novembre millenovecentonovantanove.
Gedaan te Brussel, de tiende november negentienhonderd negenennegentig.
Feito em Bruxelas, em dez de Novembro de mil novecentos e noventa e nove.
Tehty Brysselissä kymmenentenä päivänä marraskuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäyhdekcsän.
Som skedde i Bryssel den tionde november nittonhundranittionio.






Por las Comunidades Europeas
For De Europæiske Fællesskaber
Für die Europäischen Gemeinschaften
Για τις Ευρωπαϊκές Κοινότητες
For the European Communities
Pour les Communautés européennes
Per le Comunità europee
Voor de Europese Gemeenschappen
Pelas Comunidades Europeias
Euroopan yhteisöjen puolesta
For Europeiska gemenskaperna
Европа Билелешигшшн адындан












Por Turkmenistán
For Turkmenistan
Für Turkmenistan
Για το Τουρκμενιστάν
For Turkmenistan
Pour le Turkménistan
Per il Turkmenistan
Voor Turkmenistan
Pelo Turquemenistão
Turkmenistanin puolesta
På Turkmenistans vägnar
Туркменнстаньн адындан












Joint declaration on personal data

In applying the agreement, the Parties are aware of the necessity of an adequate protection of individuals with regard to the processing of personal data and on the free movement of such data.





Joint declaration concerning Article 7 of the Agreement

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





Joint declaration concerning Article 8 of the Agreement

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





Joint declaration concerning Article 15 of the Agreement

Within the limits of their respective competences, the Parties agree that for the purpose of this 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 indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how.





Joint declaration concerning article 28 of the agreement


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.







Unilateral Declaration by Turkmenistan concerning the protection of intellectual, industrial and commercial property rights

Turkmenistan declares that:






1.


By the end of the fifth year after entry into force of the Agreement, Turkmenistan 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 Organisations (Rome, 1961),










—


Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967, and amended in 1979),










—


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.


Turkmenistan confirms 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),










—


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














4.


From the entry into force of this Agreement, Turkmenistan 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 Turkmenistan to any third country on an effective reciprocal basis or to advantages granted by Turkmenistan to another country of the former USSR.









Exchange of letters between the European Community and Turkmenistan amending 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 Turkmenistan, of the other part, as regards the authentic language versions

A.   Letter from the European Community

Sir,
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 Turkmenistan, of the other part, was signed on 10 November 1999.
Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.
Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.
You will find these additional language versions attached to the present letter.
I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
This Instrument will enter into force on the date of its signature.
Please accept, Sir, the assurance of my highest consideration.


For the European Community


B.   Letter from Turkmenistan

Sir,
I have the honour to acknowledge receipt of your letter of today’s date and the Annexed language versions 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 Turkmenistan, of the other part, which reads as follows:


                  ‘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 Turkmenistan, of the other part, was signed on 10 November 1999.
Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.
Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.
You will find these additional language versions attached to the present letter.
I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
This Instrument will enter into force on the date of its signature.’
               

I have the honour to express Turkmenistan’s acceptance of the language versions attached to that letter as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.
As set out in your letter, this instrument will enter into force on the date of its signature.
Please accept, Sir, the assurance of my highest consideration.


For Turkmenistan