Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 28.02.1996**
**COM(95)245** **final**

96/053(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 BELARUS, OF THE OTHER PART, ON TRADE AND TRADE           RELATED MATTERS

```

**(presented by the Commission)**

**Draft**

**COMMISSION DECISION**

**CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL**

**AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE**

**EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL**
**COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF**
**THE ONE PART, AND THE REPUBLIC OF BELARUS, OF THE OTHER PART,**

**ON TRADE AND TRADE-RELATED MATTERS**

**Explanatory memorandum**

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

2. Pending the entry into force of the Partnership and Cooperation Agreement with the
Republic of Belarus, signed in Brussels on 6th March 1995, the Commission has, in
accordance with the negotiating directives adopted by the Council on 14th November
1994, negotiated an Interim Agreement with the Republic of Belarus.

3. The Interim Agreement providing for provisional implementation of the part of the
Partnership and Cooperation Agreement on trade and trade-related measures was
initialed in Brussels on 7th April 1995, and will be concluded for the period ending
with the entry into force of the Partnership and Cooperation Agreement.

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

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

The Agreement will be concluded as follows :

  - the Council will conclude tlie- Agreement on behalf of the. European Community
. under Article 113, in conjunction with Article 228 (2), first sentence of the EC Treaty

by adopting the Decision contained in Annex I; in this respect, the Commission
estimate that it will be suitable to consult the European Parliament, taking especially
account of the importance of the agreement;

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

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

_6._ The Interim Agreement should be signed in Jime 1995,

7. The Commission accordingly asks the Council to adopt the proposal contained in
Annex I and to give its assent lo the derision under Annex II

_**9**_ _**AQu**_

**ANNEX I**

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

***** _**A**_ _**[I ]**_

Proposal for

COUNCIL DECISION

OF

```
  ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE

 INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE
  EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN

   ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE
      REPUBLIC OF BELARUS, OF THE OTHER PART,
      ON TRADE AND TRADE-RELATED MATTERS

THE COUNCIL OF THE EUROPEAN UNION,

```

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, pending the entry into force of the Partnership and Cooperation Agreement
signed in Brussels on 6th March 1995, 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 Belarus, of the
other part, on trade and trade-related matters signed in on

HAS DECIDED AS FOLLOWS :

Article 1

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

These texts are attached to this Decision.

Article 2

The President of the Council shall give the notification provided for in Article 35 of the
Interim Agreement on behalf of the European Community.

Done at Brussels,

_**1c**_

**ANNEX** **n**

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

**matters.**

**4/i** _**cL**_

**Draft**

**COMMISSION DECISION**

**OF**

**CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL**

**AND STEEL COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE**

**EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL**
**COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF**
**THE ONE PART, AND THE REPUBLIC OF BELARUS, OF THE OTHER PART,**

**ON TRADE AND TRADE-RELATED MATTERS**

**(.yEURATOMZECSC)**

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 third paragraph of Article 101 thereof,

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

Whereas, pending the entry into force of the Partnership and Cooperation Agreement
signed in Brussels on 6th March 1995, 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 Belarus, of the
other part, on trade and trade-related matters signed in on

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

HAS DECIDED AS FOLLOWS :

Article 1

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

These texts are attached to this Decision.

_**UA**_ _**C**_

**Article 2**

The President of the Commission shall give the notification provided for in Article 35 of
the Interim Agreement on behalf of the European Coal and Steel Community and the
European Atomic Energy Community.

Done at Brussels,

H0-1

**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 BELARUS, of the other part,

meeting at on 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 Belarus, 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
Belarus have adopted the texts of the Joint declarations listed below and annexed to this
Final Act:

Joint Declaration on Article 9 of the Agreement

Joint Declaration on Article 10 of the Agreement

Joint Declaration on Article 17 of the Agreement

Joint Declaration on Article 30 of the Agreement

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

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

Done at Brussels on

For the Council and the European Commission

For the Republic of Belarus

**<â** _**A**_ **§**

```
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 BELARUS . OF THE OTHER PART.

The EUROPEAN COMMUNITY, the EUROPEAN ATOMIC ENERGY COMMUNITY and
the EUROPEAN COAL AND STEEL COMMUNITY,

```

**hereinafter referred to as** **"the** **Community",**

**of the one** **part,**

**and**

**THE REPUBLIC OF BELARUS**

**of the other** **part,**

**Whereas an Agreement on** **Partnership** **and Cooperation between the European Communities and**
**Member States, of the one part and the Republic of Belarus of** **the** **other part was signed on 6 March**
**1995;**

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

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

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

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

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

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

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

### **«f«-**

_**A**_ **h**

**THE EUROPEAN** **COMMUNITY**

**THE EUROPEAN COAL AND STEEL COMMUNITY :**

**THE EUROPEAN** **ATOMIC** **ENERGY** **COMMUNITY** **:**

**BELARUS:**

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

**Have agreed as follows :**

**TITLE I ; GENERAL PRINCIPLES**
**fPCA** **Belarus ; Title** **II**

**Article 1**

**fPCA Belarus : Article** **21**

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

**TITLE II : TRADE IN GOODS**

**fPCA Belarus : Title III1**

**Article 2**

**fPCA Belarus : Article 101**

1. The Parties shall accord to one another most-favoured-nation treatment according to Article I,
paragraph 1 of the GATT.

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

(a) advantages granted with the aim of creating a customs union or a free-trade area or pursuant to
the creation of such a union or area;

(b) advantages granted to particular countries in accordance with the General Agreement on Tariffs
and Trade and with other international arrangements in favour of developing countries;

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

### **«8 UZ**

**3.** **The provisions of paragraph 1 and Article 3 paragraph 2 shall not apply, during a transitional**

**w** **[ period expiring on the date of the Republic of Belarus acceding]** **[ to]** **[ GATT or on]** **[ 31/12/1998, ]**
**whichever is earlier, to advantages defined in Annex I granted by the Republic of Belarus to other**
**independent states, which have emerged** **from** **the dissolution of the USSR**

**Article 3**

**fPCA Belarus : Article 111**

**1.** **The parties agree that the principle of free transit of goods 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 two Parties.**

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

**Article 4**

**fPCA Belarus : Article 121**

**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**

**IPCA** **Belarus : Article 131**

**Goods originating in Belarus and the Community respectively shall be imported into the Community**
**and Belarus respectively free of quantitative restrictions without prejudice to Articles 9, 12, 13, to the**
**provisions of Annex II of this** **Agreement,** **and to the provisions of Articles 77, 81, 244, 249 and 280 of**
**the Acts of Accession of Spain and Portugal to the European Community.**

**Article 6**

**IPCA** **Belarus : Article 141**

**1.** **The products of the territory of** **one** **Party imported into the territory of the other Party shall not be**
**subject,** **directly or indirectly, to internal taxes or other internal charges of any kind in excess of**
**those** **applied,** **directly or indirectly, to like domestic products.**

_**TërfJiQ**_

**2.** **Moreover, these products shall be accorded treatment no less favourable than that accorded to like**
**products of national origin in respect of all laws, regulations and requirements affecting their**
**internal sale, offering for sale, purchase,** **transportation,** **distribution or use. The provision of this**
**paragraph shall not prevent the application of differential internal transportation charges which are**
**based exclusively on the economic operation of the means of transport and not on the nationality of**
**the product.**

**3.** **Article** **EH,** **paragraphs 8,9 and** **10** **of the GATT shall be applicable,** _**mutatis mutandis,**_ **between the**
**Parties.**

**Article 7**

**IPCA** **Belarus : Article 151**

**The following Articles of the GATT shall be applicable mutatis mutandis between the two Parties.**

**(i)** **Article VU, paragraphs 1, 2, 3,** **4a,** **4b, 4d, 5;**
**(ii)** **Article VIII;**
**(in)** **Article** **EX;**
**(iv)** **Article** **X.**

**Article 8**

**fPCA Belarus : Article 161**

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

**Article 9**

**fPCA Belarus : Article 171**

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

**Before taking any measures, or in cases to which paragraph 4 applies as soon as possible**
**thereafter, the Community or the Republic of Belarus 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.**

**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.**

**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.**

**In the selection of measures under this article, the Contracting Parties shall give priority to those**
**which cause least disturbance to the achievement of the aims of this Agreement.**

##### **w**
#### **g&~**

**Article 10**
**fPCÀ** **Belarus** : **Article** **181**

Nothing in this Title, and in Article 9 in particular 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 on interpretation and
application of Articles VI, XVI and XXIII of the GATT or related internal legislation.

In respect of anti-dumping or subsidies investigations, each Party agrees to examine submissions by the
other Party and to inform the interested parties concerned of the essential mets and considerations on
the basis of which a final decision is to be made. Before definitive anti-dumping and countervailing
duties are imposed, the Party shall do the utmost to bring about a constructive solution to the problem.

Article 11

IPCA Belarus : Article 191

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 12

fPCA Belarus : Article 201

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

Article 13

IPCA Belarus : Article 211

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.

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 Belarus on the other.

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

_**G~**_

**Article 14**

**'** **IPCA** **Belarus** **:** **Article 221**

Trade in nuclear items 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 Belarus.

_**fyo-**_

**TITLE** **m** **: PAYMENTS. COMPETITION AND OTHER ECONOMIC PROVISIONS**

**IPCA** **Belarus** **:** **Titles V and** **VII**

**Article 15**

**IPCA** **Belarus:** **Article** **491**

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

**Article 16**

**IPCA** **Belarus** **:** **Article** **501**

1. The parties agree to work to remedy or remove through the application of their competition laws or
otherwise, restrictions on competition by enterprises or caused by State intervention insofar as they
may affect trade between the Community and the Republic of Belarus.

2. In order to attain the objectives mentioned in paragraph 1 :

2.1 The Parties shall ensure that they have and enforce laws addressing restrictions on competition
by enterprises within their jurisdiction.

2.2 The Parties shall refrain from granting State aids favouring certain undertakings or the
production of goods other than primary products as defined in the General Agreement on Tariffs
and Trade, or the provision of services, which distort or threaten to distort competition insofar as
they affect trade between the Community and the Republic of Belarus.

2.3 Upon request by one Party, the other Party shall provide information on its aid schemes or on
particular individual cases of State aid. No information needs to be provided which is covered by
legislative requirements of the Parties on professional or commercial secrets.

2.4 In the case of State monopolies of a commercial character, the Parties declare their readiness,
as from the fourth year from the date of entry into force of their Agreement, to ensure that there is
no œscrimination between nationals of the Parties regarding the conditions under which goods are
procured or marketed.

2.5 In the case of public undertakings or undertakings to which Member States of the European
Union or the Republic of Belarus grant exclusive rights, the Parties declare their readiness, as from
the fourth year from the date of entry into force of this Agreement, to ensure that there is neither
enacted nor maintained any measure distorting trade between the Community and the Republic of
Belarus to an extent contrary to the Parties' respective interests. This provision shall not obstruct
the performance, in law or tact, of the particular tasks assigned to such undertakings.

2.6 The period defined in paragraphs 2.4 and 2.5 may be extended by agreement of the Parties.

3. Consultations may take place within the Joint Committee at the request of the Community or the
Republic of Belarus on **the** restrictions or distortions of competition referred to in paragraphs 1 and
2 and on the enforcement of their competition rules, subject to limitations imposed by laws
regarding disclosure of information, confidentiality and business secrecy. Consultations may also
comprise questions on the interpretation of paragraphs 1 and 2.

_**(0**_

4. The Parties with experience in applying competition rules shall give full consideration to providing
other Parties, upon request and within available resources, technical assistance for the development
and implementation of competition rules.

5. The above provisions in no way affect the Parties* rights to apply adequate measures, notably those
referred to in Article 10, in order to address distortions of trade in goods or services.

Article 17

IPCA Belarus : Article 511

Pursuant to the provisions of this Article and of Annex III, Belarus 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 III, including
comparable means of enforcing such rights.

Article 18

IPCA Belarus : Article 751

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

**/Sg&-**

**TITLE IV : INSTITUTIONAL. GENERAL AND FINAL PROVISIONS**

**IPCA** **Belarus:** **Title 1X1**

**Article 19**

**The Joint Committee set up by the Agreement on Trade** **and** **Commercial and Economic Cooperation**
**signed between the European Economic Community and USSR on 18 December 1989 shall perform the**
**duties assigned to it by this Agreement until the** **Cooperation** **Council provided for in Article 85 of the**
**Partnership and Cooperation Agreement is established.**

**Article 20**

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

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

**Article 21**

**IPCA Belarus : Article 891**

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

**Article 22**

**IPCA Belarus : Article 931**

**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 Belarus;**

**- 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.**

# **_me-_**

Article 23
fPCA Belarus ; Article 941

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
on the control of dual use industrial goods and technology.

Article 24

IPCA Belarus : Article 951

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

   - the arrangements applied by the Republic of Belarus 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 Belarus shall not give
rise to any discrimination between Belarussian nationals, or its companies or firms.

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

Article 25

fPCA Belarus : Article 961

1. Each of the two Parties may refer to the Joint Committee any dispute relating to the application or
interpretation of this Agreement.

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

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

The Joint Committee shall appoint a third conciliator.

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

10
##### _Bd/o_

#### Itf

**Article 26**

**IPCA** **Belarus ; Article 971**

**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 9, 10, 25 and**
**30.**

**Article 27**

**IPCA** **Belarus : Article 981**

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

**Article 28**

**IPCA** **Belarus : Article 1001**

**Insofar as matters covered by this Agreement are covered by the European 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 29**

**1.** **This Agreement shall be applicable until the entry into force of the Partnership and cooperation**
**Agreement signed on 6 March 1995.**

**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 30**

**IPCA** **Belarus : Article 1021**

**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 obhgation 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.**

**a**
_**(s**_

**Article 31**

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

**Article 32**

**fPCA Belarus : Article** **1051**

**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 Repubhc of Belarus.**

**Article 33**

**fPCA** **Belarus : Article 1061**

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

**Article 34**
**IPCA Belarus : Article 1071**

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

**Article 35**

**fPCA** **Belarus : Article 1081**

**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 this paragraph have been completed.**

**Upon its entry into force, and as far as relations between the Repubhc of Belarus 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.**

**12** **r** **Co**

**Annex** **I**

**LIST** **OF ANNEXES**

**Indicative list of advantages granted by the Repubhc of Belarus to the other**
**Independent States in accordance with Article 2 (3).**

###### **H**

**Annex II** **Exceptional measures which derogate** **from** **the provisions of Article** **5.**

**Annex** **HI** **Intellectual, industrial and commercial property (Article 17)**

**Protocol on mutual assistance in customs matters.**

**13**

**^ / o -**

**ANNEXI**

Indicative list of advantages granted by the Repubhc of Belarus to the Independent States in accordance
with Article 2(3). _'_ _•_

1. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan,
Turkmenistan,, Ukraine, Uzbekistan.

No import duties are implemented.

No export duties are implemented as regards goods delivered under clearing and interstate
agreements within the volumes stipulated in these agreements.

No VAT is apphed on export and import. No excise is applied on export.
Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan - export quotas for deliveries of products under annual
interstate trade and cooperation agreements are opened in the same way as for deliveries for state
needs.

2. Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan.

Payments could be made in national currency of these countries or any other currencies accepted by
the Repubhc of Belarus or these countries.

Armenia, Azerbaijan, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Lithuania, Moldova, Russia,
Ukraine, Tadjikistan, Turkmenistan, Uzbekistan- special system of non-commercial operations,
including payments resulting from these operations.

3. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan,
Turkmenistan, Uzbekistan- special system of current payments.

4. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan,
Turkmenistan, Uzbekistan - special price system in trade with some raw materials and semifinished products.

5. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan,
Turkmenistan, Uzbekistan- special conditions of transit.

6. Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Ukraine, Tadjikistan,
Turkmenistan, Uzbekistan- special conditions of customs procedures.

**14**

_7Sdlt>-_

**ANNEX II**

**Exceptional measures which derogate** **from** **the provisions of Article 5**

**1.** **Exceptional measures which derogate from the provisions of Article 5 may be taken by the**
**Repubhc of Belarus** **in the** **form of quantitative restrictions on a** **non-discriminatory** **basis.**

**2.** **These measures may only concern infant industries, or certain sectors undergoing restructuring or**
**racing serious difficulties, particularly where these difficulties produce important social problems.**

**3.** **The total value of imports of the products which are subject to these measures may not exceed 15**
**% of total imports from** **thé** **Community during the last year, prior to the introduction of any**
**quantitative restrictions for which statistics are available.**

**These provisions shall not be circumvented by increased tariff protection on the imported goods**
**concerned.**

**4.** **These measures may only be applied during a transitional period ending 31st December 1998**
**unless parties agree otherwise, or when Belarus becomes a contracting Party to GATT whichever**
**is earlier.**

**5.** **The Repubhc of Belarus shall inform the Joint Committee of any measures it intends to take under**
**the terms of this present** **Annex,** **and,** **at the request of** **the** **Community, consultations shall be held**
**in the Joint Committee on such measures and the sectors to which they apply before they enter into**
**force.**

###### _Mék_

**©**

**ANNEX HI**

**Intellectual. Industrial and Commercial Property (Article** **17)** **.**

**1.** **Community acts referred** **to** **in Article 17.**

**-** **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 Belarus, with a view to reaching**
**mutually satisfactory solutions.**

**16**

**PROTOCOL**

**ON MUTUAL ASSISTANCE**

**BETWEEN ADMINISTRATIVE AUTHORITIES**

**IN CUSTOMS MATTERS**

**17**

**Article 1**

**Definitions**

**For the purposes of this Protocol :**

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

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

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

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

**e) "contravention", shall mean any violation of the customs legislation as well as any attempted**
**violation of such legislation.**

**Article 2**

**Scope**

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

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

**Article 3**

**Assistance on request**

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

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

**3.** **At the request of the apphcant authority, the requested authority shall take the necessary steps to**

**18**
#### **>3*~**

**ensure that a surveillance is kept on :**

**(a) natural or legal persons of whom there are reasonable grounds for believing that they are**
**contravening or have contravened customs legislation;**

**(b) movements of goods notified as possibly giving rise to substantial contraventions of customs**
**legislation;**

**(c) means of transport for which there are reasonable grounds for believing that they have been,**
**are or may be used in the contravening of customs legislation.**

**(d) places where stocks of goods have been assembled in such a way that there are reasonable**
**grounds for supposing that they are intended as supplies for operations contrary to the customs**
**legislation of the other Party.**

**Article 4**

**Spontaneous assistance**

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

**- operations which have** **contravened,** **contravene or would contravene such legislation and which may**
**be of interest to other Parties;**

**- new means or methods employed in realizing such operations;**

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

**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, point 3 is applicable.**

**19**

**^/(P~**

### Iff

Article 6

Form **and** substance of requests for assistance

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

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

(a) the apphcant authority malting the request;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the laws, rules and other legal elements involved;
(e) indications as exact and comprehensive as possible on the natural or legal persons
being the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already carried out, except in
cases provided for in Article 5.

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

4. If a request does not meet the formal requirements, its correction or completion may be demanded ;
the ordering of precautionary measures may, however, take place.

Article 7

Execution of requests

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

2. Requests for assistance will be executed in accordance with the laws, rules and other legal
instruments of the requested Party.

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

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

**20**

_**<J)**_

**Article 8**

**Form in which information is to be** **communicated**

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

**2.** **The documents provided for in paragraph 1 may be replaced by computerized information produced**
**in any form for the same purpose.**

**Article 9**

**Exceptions to the obligation to provide assistance**

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

**(a) be likely to prejudice sovereignty, public policy, security or other essential**
**interests; or**
**(b) involve currency** **or** **tax regulations other than regulations concerning customs**
**duties; or**
**(c) violate an industrial, commercial or professional secret.**

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

**3.** **If assistance is withheld or** **denied,** **the decision and the reasons therefore must be notified to the**
**applicant authority without delay.**

**Article 10**

**Obligation to observe confidentiality**

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

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

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

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

**'<&_**

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

**Article 11**

**Use** **of information**

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

**2.** **Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings**
**subsequently instituted for failure to comply with customs legislation.**

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

**Article 12**

**Experts and witnesses**

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

**Article 13**

**Assistance expenses**

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

**22**

**tà**

**••-:«-.•.••'••-•;-'.** **V'.;**

**Article 14**

**Implementation**

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

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

**Article** **IS**

**Complementarity**

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

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

**23**

_Tôt?®_

**JOINT DECLARATION CONCERNING ARTICLE** **9**

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

**24**
**Vf** _**»**_

**JOINT DECLARATION CONCERNING ARTICLE 10**

**It is understood that the provisions of Article** **10** **are neither intended to, nor shall slow** **down,** **hinder or**
**impede the procedures provided for in the respective legislations of the Parties regarding** **anti-dumping**
**and subsidies investigations.**

**25**

**^ S f c -**

**JOINT DECLARATION CONCERNING ARTICLE 17**

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 indications, including appellations of origin, trademarks and service marks,
topographies of integrated circuits as well as protection against unrair 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.

**^J>** **26**

**JOINT DECLARATION CONCERNING ARTICLE 30**

**The Parties agree, for the purpose of its correct interpretation and its practical** **apphcation,** **that the term**
**"cases** **of special urgency" included in Article 30 of the Agreement mean 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.**

**«** **&** **-**

#### **,7**

**Unilateral declaration bv the Republic of Belarus concerning the protection** of **intellectual.**

**industrial and commercial property** rights

Belarus declares that :

1. By the end of the fifth year after entry into force of the Agreement, the Repubhc of Belarus
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:

 - Beme 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. Belarus confirms the importance it attaches to the obhgations 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 Belarus 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 Belarus to
any third country on an effective reciprocal basis or to advantages granted by the Republic of
Belarus to another country of the former USSR.

28

_**~"<P**_

**ISSN 0254-1475**

**COM(95)** **245 final**

## **DOCUMENTS**

**EN** **11**

**Catalogue number** **:** **CB-CO-95-284-EN-C**

**ISBN 92-77-90360-0**

**Office for Official Publications of the European Communities**

**L-2985** **Luxembourg** _**^f\**_