Source: EURLEX
Language: en
Format: md

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.09.1996
COM(96) 466 final

96/ 0236 (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 UZBEKISTAN, OF THE OTHER PART, ON TRADE AND TRADE          RELATED MATTERS

```

(presented by the Commission)

Draft

COMMISSION DECISION

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

   AND STEEL COMMUNITY AND EURATOM OF THE INTERIM

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN
COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY

COMMUNITY, OF THE ONE PART, AND THE REPUBLIC OF UZBEKISTAN,
 OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS

```

**Explanatory memorandum**

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

2. Pending ratification of the Partnership and Cooperation Agreement with the Republic
of Uzbekistan, signed in Brussels on 21 June 1996, the* Commission has, in
accordance with the negotiating directives adopted by the Council on 18 July 1994,
negotiated an Interim Agreement with the Republic of Uzbekistan.

3. The Interim Agreement providing for provisional implementation of the part of the
Partnership and Cooperation Agreement on trade and trade-related measures was
initialled in Brussels on 17 July 1996, and will be concluded for the period ending
with the entry into force of the Partnership and Cooperation Agreement.

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

5. The procedures for signing and concluding the Agreement differ between the EC, the
ECSC and the European Atomic Energy Community.

The Agreement will be concluded as follows :

  - the Council, will conclude the Agreement on behalf of the European Community
under Article 113, in conjunction with Article 228 (2), first sentence of the EC Treaty
by adopting the Decision attached at I;

  - the Commission will conclude the Agreement on behalf of the ECSC by adopting the
Decision attached at II in accordance with Article 95 of the ECSC Treaty, with the
unanimous assent of the Council and following consultation of the Consultative
Committee;

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

6. The Commission accordingly requests the Council to adopt the proposal attached at I
and to give its assent and approval to the decision attached at II.

_**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 Uzbekistan, of the other part, on**
**trade and trade-related matters.**

**-**
**3**

Proposal for

```
           COUNCIL DECISION

             OF

  ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE

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

     ATOMIC ENERGY COMMUNITY, OF THE ONE PART,
   AND THE REPUBLIC OF UZBEKISTAN, OF THE OTHER PART,
      ON TRADE AND TRADE-RELATED MATTERS
             ( /EC)

```

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas, pending the entry into force of the Partnership and Cooperation Agreement
between the~European Communities and their Member States, of the one part, and the
Republic of Uzbekistan, of the other part, signed in Brussels^ 21 June 1996, it is
necessary to approve on behalf of the European Community, the Interim Agreement on
trade and trade-related matters between the European Community, the European Coal
and Steel Community and the European Atomic Energy Community, of the one part, and
the Republic of Uzbekistan, of the other part,

HAS DECIDED AS FOLLOWS :

Article 1

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

These texts are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to
sign the Interim Agreement on behalf of the European Community.

Article 3

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

**i**

_\_ _•_
Done at Brussels, "

**-**
_**H**_

**II**

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

_**s**_

Draft

COMMISSION DECISION

OF _ . "

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

  AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY

COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN

COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE

  EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART,

   AND THE REPUBLIC OF UZBEKISTAN, OF THE OTHER PART,

       ON TRADE AND TRADE-RELATED MATTERS

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

```

THE EUROPEAN COMMISSION,

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

Having regard to the Treaty establishing the European Atomic Energy Community and in
particular the second paragraph of Article 101 thereof, "~

Whereas, pending the entry into force of the Partnership and Cooperation Agreement
between the European Communities and their Member States, of the one part, and the
Republic of Uzbekistan of the other part, signed in Brussels on 21 June 1996, it is
necessary to approve the Interim Agreement between-the European Community, the
European Coal and Steel Community and the European Atomic Energy Community, of
the one part, and the Republic of Uzbekistan, of the other part, oh trade and trade-related
matters initialled on 17 July 1996,

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

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

HAS DECIDED AS FOLLOWS :

**Article 1**

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

**10**

These texts are attached to this Decision.

**Article** _**2**_ _

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

Article 3

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

Done at Brussels,

**H**

**-**
**?**

**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 UZBEKISTAN, of the other part,

meeting at on for the signature of the Interim Agreement on trade and traderelated 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 Uzbekistan, 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
Uzbekistan have adopted the texts of the Joint declarations listed below and annexed to
this Final Act :

Joint Declaration on the protection of individuals with regard to the processing and
movement of personal data

Joint Declaration concerning Title II of the Agreement

Joint Declaration concerning Article 7 of the Agreement

Joint Declaration concerning Article 8 of the Agreement

Joint Declaration concerning Article 15 of the Agreement

Joint Declaration concerning Article 28 of the Agreement

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

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

Done at Brussels on

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

For the Republic of Uzbekistan

**12** **- •** **.**

**-7**

**INTERIM AGREEMENT**

**ON TRADE AND TRADE RELATED MATTERS BETWEEN THE ..**

**EUROPEAN COMMUNITY, THE EUROPEAN COAL AND** **STEEL.**
**COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY**

**OF THE ONE PART AND THE REPUBLIC OF UZBEKISTAN OF THE**

**OTHER** PART

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

hereinafter referred to as "THE COMMUNITY"

of the one part,

and THE REPUBLIC OF UZBEKISTAN

of the other part,

Whereas an Agreement on Partnership and Cooperation between the European
Communities and their Member States, of the one part and the Republic of
Uzbekistan oTthe other part was signed on 21 June 1996;

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

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

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

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

Whereas it is necessary to ensure that pending the entry into force of the Partnership
and Cooperation Agreement and the establishment of the Cooperation Council, the
Joint Committee set up under the Agreement on Trade and Commercial and
Economic Cooperation may exercise the powers assigned by the Partnership and
Cooperation Agreement to the Cooperation Council, which are necessary in order to
implement the Interim Agreement;

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

//' _'_ _[ !]_ _LL_ /-fTé>
_^phc^cyy^itA_,'^S

_7_

**THE EUROPEAN COMMUNITY :**

**THE EUROPEAN COAL AND STEEL COMMUNITY :**

**THE EUROPEAN ATOMIC ENERGY COMMUNITY :**

**THE REPUBLIC OF UZBEKISTAN :**

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

**Have agreed as follows :**

**TITLE I ; GENERAL PRINCIPLES**
**fPCA Uzbekistan : Title** **H**

**_** **Article** _**I**_

**fPCA Uzbekistan : Article 21**

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

**TITLE H : TRADE IN GOODS**

**IPCA** **Uzbekistan : Title III]**

**Article 2**

**IPCA Uzbekistan :** **Article 3i**

**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.**

**/** _**A**_ _**sfj?**_

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

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

**(b) advantages granted to particular countries** **in** **accordance with WTO** **Tules** **and**
**with other international arrangements in favour- of developing countries;**

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

**3.** **The provisions of paragraph 1 shall not apply, during a transitional period expiring on**
**the date of the Republic of Uzbekistan acceding to the WTO or on the** **31.12.1998,**
**whichever is earlier, to advantages defined in Annex I granted by the Republic of**
**Uzbekistan to other states which have emerged from the dissolution of the USSR.**

**Article 3**

**IPCA** **Uzbekistan : Article 91**

**1.** **The Parties agree that the principle of free transit is an essential condition of attaining**
**the objectives of this Agreement.**

**In this connection each Party shall secure unrestricted transit via or through its territory**
**of goods originating in the customs territory or destined for the customs territory of**
**the other Party.**

**2.** **The rules described in the Article V, paragraphs 2, 3,** **4*and** **5 of the GATT are**
**applicable between the Parties.**

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

**Article 4**

**IPCA** **Uzbekistan : 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** **Uzbekistan : Article** **111**

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

_**41**_
#### **/ [a ]**

**Article 6**

**fPCA Uzbekistan : Article 121**

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

**Article 7**

**[PCA Uzbekistan : Article 131**

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

**2.** **Before taking any measures, or in cases to which paragraph 4 applies as soon as**
**possible thereafter, the Community or the Republic of Uzbekistan as the case may be**
**shall supply the Joint Committee with all relevant information with a view to seeking a**
**solution acceptable to both Parties as provided for in Title IV.**

**3.** **If, as a result of the consultations, the Parties do not reach agreement within 30 days of**
**referral to the Joint Committee on actions to avoid the situation, the Party which**
**requested consultations shall be free to restrict imports of the products concerned to**
**the extent and for such time as is necessary to prevent or remedy the injury, or to**
**adopt other appropriate measures.**

**4.** **In critical circumstances where delay would cause** **damage** **difficult** **to repair, the**
**Parties may take the measures before the consultations, on the condition that**
**consultations shall be offered immediately after taking such action.**

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

**6.** **Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of**
**anti-dumping or countervailing measures in accordance with Article VI of the GATT,**
**the Agreement on implementation of Article VI of the GATT, the Agreement related**
**on interpretation and application of Articles VI, XVI and XXIII of the GATT or**
**related internal legislation.**

**Article 8**

**IPCA** **Uzbekistan : Article 141**

**The Parties undertake to consider development of the provisions in this Agreement on**
**trade in goods between them, as circumstances allow, including the situation arising from**
**the accession of the Republic of Uzbekistan to the World Trade Organisation. The Joint**
**Committee referred to in Article 17 may make recommendations on such developments to**
**the Parties which could be put into effect, where accepted, by virtue of agreement**
**between the Parties in accordance with their respective procedures.**

_**4***_
_**/Il**_

**Article 9**

**IPCA Uzbekistan : Article** **151**

**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** **ana** **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**

**fPCA** **Uzbekistan : Article 161**

**This** **Title H 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 4 December** **1995** **and applied provisionally since 1st January**
**1996.**

**Article** **11**

**(PCA** **Uzbekistan : Article** **171**

**1.** **Trade-** **in products covered by the Treaty** **establishingihe** **European Coal and**
**Steel Community shall be governed by the provisions of this Title II, with the**
**exception of Article 5.**

**2.** **A contact group on coal and steel matters shall be set up, comprising representatives of**
**the Community on the one hand, and representatives of the Republic of Uzbekistan 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**

**IPCA** **Uzbekistan ; Article 181**

**Trade in nuclear materials shall be subject to the provisions of** **a** **specific Agreement**
**to be concluded between the European Atomic Energy Community and the** **Republic**
**of** **Uzbekistan.**

###### **_m. r • n_**

**TITLE HI :**

**PAYMENTS,** **COMPETITION AND OTHER ECONOMIC PROVISIONS**

**IPCA** **Uzbekistan : Title IV1**

**Article 13** **-**

**fPCA Uzbekistan : Article 40 (1)1**

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

**Article 14**

**IPCA** **Uzbekistan : Article 42 (4)1**

**The Parties agree to examine ways to apply their respective competition laws on a**
**concerted basis in such cases where trade between them is affected.**

**Article 15**

**IPCA** **Uzbekistan : Article 41 (1)1**

**Pursuant to the provisions of this Article and of Annex II,** **trie** **Republic of Uzbekistan**
**shall continue to improve the protection of intellectual, industrial and commercial property**
**rights in order to provide, by the end of the fifth year after the entry into force of the**
**Agreement, for a level of protection similar to that provided in the Community by**
**Community acts, in particular the ones referred to in Annex II, including comparable**
**means of enforcing such rights.**

**Article 16**

**Mutual assistance in customs matters between administrative authorities of the**

**Parties shall take place in accordance with the Protocol annexed to this agreement.**

_**Hi**_

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

**IPCA** **Uzbekistan** : **Title XII**

Article 17                   -                   

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

Article 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 drawjjp its recommendations by agreement between the Parties.

Article 19
IPCA Uzbekistan : Article 821

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

Article 20
IPCA Uzbekistan : Article 861

1. Within the scope of this Agreement, each Party undertakes to ensure that natural and
legal persons of the other Party have access free of discrimination in relation to its
own nationals to the competent courts and administrative organs of the Parties to
defend their individual rights and their property rights, including those concerning
intellectual, industrial and commercial property.

2. Within the limits of their respective powers, the Parties :

  - shall encourage the adoption of arbitration for the settlement of disputes
arising out of commercial and cooperation transactions concluded by economic
operators of the Community and those of the Republic of Uzbekistan;

   - 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.

**V** **i**

_**K**_

**Article 21**
**IPCA** **Uzbekistan : Article 871**

**Nothing in the Agreement shall prevent a Party from taking any measures:**

**(a) which it considers necessary to prevent the disclosure of information contrary**
**to its essential security interests;**
**(b) which relate to the production of, or trade in arms, munitions or war materials**
**or to research, development or production indispensable for defence purposes,**
**provided that such measures do not impair the conditions of competition in**
**respect of products not intended for specifically military purposes;**
**(c) which it considers essential to its own security in the event of serious internal**
**disturbances affecting the maintenance of law and order, in time of war or**
**serious international tension constituting threat of war or in order to carry out**
**obligations it has accepted for the purpose of maintaining peace and**
**international security;**
**(d) which it considers necessary to respect its international obligations and**
**commitments in the control of** **dual** **use industrial goods and technologies.**

**-** **Article 22**

**IPCA Uzbekistan** **: Article 881**

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

**- the arrangements applied by the Republic of** **Uzbekistan 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**
**Uzbekistan shall not give rise to any discrimination between Uzbek nationals,**
**or Uzbek companies or firms.**

**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**
**IPCA** **Uzbekistan : Article 891**

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

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

**3.** **In the event of it not being possible to settle the dispute in accordance with**
**paragraph 2, either Party may** **notify** **the other of** **the** **appointment of** **a** **conciliator;**
**the other Party must then appoint a second conciliator within two months.** **-**

**The Joint Committee shall appoint a third conciliator.**

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

**/ ;**

_**u**_

_**y**_ _**A**_

**Article 24**

**[PCA** **Uzbekistan : Article 90]**

**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 Uzbekistan : Article 91]**

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

**Article 26**

**[PCA Uzbekistan : Article 93]**

**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.** **~~**

**Article27**

**1.** **This Agreement shall be applicable until the entry into force of the Partnership**
**and Cooperation Agreement signed on** **21** **June** **1996.**

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

**Article 28**

**[PCA Uzbekistan : Article 95]**

**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 Uzbekistan : Article 96]**

**Annexes** **I-and** **II and the Protocol on mutual** **assistance,** **in** **custojnsjnatters** **between**
**administrative authorities shall form an integral part of this Agreement.** **\**
**,y/**

**/ >**

**Article 30**

**IPCA** **Uzbekistan : Article 981**

**This Agreement shall apply, on the one hand, to the territories in which the treaties**
**establishing the European Community, the European Atomic Energy Community**
**and the European Coal and Steel Community are applied and under the conditions**
**laid down in those Treaties and, on the other hand, to the territory of** **the** **Republic of**
**Uzbekistan.**

**Article** **31**

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

**Article 32**

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

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

**Upon its** **entry** **into force, and as far as relations between the Republic of Uzbekistan 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.**

**10**

**LIST** **OF DOCUMENTS ATTACHED**

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

**Annex II** Intellectual, industrial and commercial property conventions referred to in
Article 15.

**Protocol** on mutual assistance in customs matters between administrative authorities.

**11**

**/'""".J***

ANNEX I

Advantages granted by **the** Republic **of Uzbekistan to the Independent** **States** **in**

accordance **with Article 2 (3)**              - 

Advantages are accorded to those Independent States which are party to the agreement
on establishing a free trade zone and with which free trade agreements with Uzbekistan
have been signed.

In respect of Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, the Russian
Federation, Turkmenistan and Ukraine:

1. Import/export taxation

No import duties are levied.
No export duties levied regarding goods supplied in accordance with intergovernmental or
credit agreements, within quantitative limits set by the Government of Uzbekistan in the
light of national requirements.

No VAT or excise duties are applied to trade which takes place within the context of
cooperation agreements.

2. Allocation of quotas and licensing procedures

Export quotas for deliveries of Uzbek products under annual bilateral interstate trade and
cooperation agreements are opened in the same way as for "deliveries for state needs".

3. Conditions of transportation and transit

As regards Parties to the Multilateral Agreement "on the principles and conditions of
relations in the field of transport" and/or on the basis of bilateral arrangements 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.

4. Communication services including postal, courier, telecommunication, audio-visual
and other types of communication services.

5. Access to information systems and databases

In respect of the Russian Federation, Ukraine, Belarus, Kazakhstan: Payments may be
made in the national currencies of these countries.

In respect of Kazakhstan, Kyrgyzstan:
Simplified-system of customs procedure.

**12**
**-f-**
**H**
_**1***_

**ANNEX II**

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

1. Community acts referred to in Article 15.

  - First Council Directive 89/104/EEC of 21 December 1988 to approximate the
laws of the Member States relating to trade marks.

  - Council Directive 87/54/EEC of 16 December 1986 on the legal protection of
topographies of semi-conductor products.

  - Council Directive 91/250/EEC of 14 May 1991 on the legal protection of
computer programs.

  - Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the
creation of a supplementary protection certificate for medicinal products.

  CouncifRegulation (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 Uzbekistan, with a view to reaching mutually satisfactory
solutions.

**13**
## **A, S '" Z(**

**PROTOCOL**

**ON MUTUAL ASSISTANCE**

**BETWEEN ADMINISTRATIVE AUTHORITIES**

**IN CUSTOMS MATTERS**

**14**

**.** _**jf**_

_**71**_

**ARTICLE 1**

**Definitions**

**For the purposes of** **this** **Protocol :** **-**

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

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

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

**d) "personal data", shall mean all information relating to an identified or**
**identifiable individual.**

**ARTICLE 2**

**Scope**

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

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

**ARTICLE 3**

**Assistance on request**

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

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

**15**

_**2?**_

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

on :

(a) natural or legal persons of whom there~are reasonable grounds for believing
that they are breaching or have breached customs legislation;
(b) places where goods are stored in a way that gives grounds for suspecting
that they are intended to supply operations in breach of customs legislation;
(c) movements of goods notified as possibly giving rise to breaches of customs
legislation;
(d) means of transport for which there are reasonable grounds for believing that
they have been, are or might be used in operations in breach of customs
legislation.

ARTICLE 4

Spontaneous assistance

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

    - operations which are or appear to be in breach of such legislation and which
may be of interest to the other Party;

    - new means or methods employed in carrying out such operations;

    - goods known to be subject to breaches of customs legislation.

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

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

ARTICLE 5

Delivery/Notification

At the request of the applicant authority, the requested authority shall, in accordance with
its legislation, take all necessary measures in order :

    - to deliver all documents,

     - to notify all decisions,
falling within the scope of this Protocol to an addressee, residing or established in its
territory. In such cases, Article 6(3) shall apply as far as the request itself is concerned.

**16**

**i**

**:** _**7/n**_

**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 authorized officials of a Party may, with the agreement of the other Party**
**involved and subject to the conditions laid down by the latter, obtain from the** **"offices**
**of the requested authority or other authority for which the requested authority is**
**responsible, information relating to operations which are or may be in breach** **.of**
**customs legislation which the applicant** **authority** **needs for the purposes of this**
**Protocol.**

**17** **>** _**\**_

_**r^**_

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

**ARTICLE** **8 ~** **-**

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

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

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

**ARTICLE 9**

**Exceptions to the obligation to provide assistance**

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

**. do would:**

**(a)** **be likely to prejudice the sovereignty of the Republic of Uzbekistan or that**
**of a Member State of the European Union which has been asked for**
**assistance under this Protocol; or**
**(b)** **be likely to prejudice public policy, security or other essential interests, in**
**particular in the cases referred to under Article 10 (2); or**
**(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 therefor must be notified to the**
**applicant authority without delay.**

**ARTICLE 10**

**Information exchange and confidentiality**

**1.** **Any information communicated in whatsoever form pursuant to this Protocol shall be**
**of** **a** **confidential or restricted nature, depending on the rules** **applicable^** **in each of the**
**Parties. It shall be covered by the obligation of official secrecy and shall enjoy the**
**protection extended to like information under the relevant laws of the Party which**
**received it and the corresponding provisions applying to the Community institutions.**

**18**

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

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

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

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

**ARTICLE** **11**

**Experts and witnesses**

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

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

**ARTICLE 12**

**Assistance expenses**

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

**19**

**I »** **V**

_**y**_ **v**

**ARTICLE 13**

**Application**

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

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

**ARTICLE 14**

**Complementarity**

**.Without** **prejudice to Article 10, any agreements on** **mutqal** **assistance which have**
**been concluded between one or more Member States of** **the** **European Union and the**
**Republic of Uzbekistan shall not prejudice Community provisions governing the**
**communication between the competent services of the Commission and the customs**
**authorities of the Member States of any information obtained in customs matters**
**which could be of Community interest.**

**20**

**JOINT DECLARATION**

**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.**

**^** **4** *****

**21**
# **11**

_**r~~-**_ _**y**_ _**J?**_

_**/}%**_

**21**

_**r~~-**_ _**y**_ _**J?**_

**JOINT DECLARATION CONCERNING TITLE** **n**

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

**22**

**A3** _**I t**_

**JOINT DECLARATION CONCERNING ARTICLE 7**

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

**23**

_**-**_
_**U',**_

_**M**_

**JOINT DECLARATION CONCERNING ARTICLE 8**

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

**k l**
**24**

### **_v_**

**/ l * \ | .**

_**n**_ **ï**

**JOINT DECLARATION CONCERNING ARTICLE 15**

**Within the limits of their respective competences, the Parties agree that for the purpose**
**of the Agreement, intellectual, industrial and commercial property includes in particular**
**copyright, including the copyright in** **computer** **programs, and neighbouring rights, the**
**rights relating to patents, industrial designs, geographical 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** **10** **bis of the Paris**
**Convention for the protection of Industrial Property and protection of undisclosed**
**information on know-how.**

_**a**_

**V**

_**J**_

**JOINT DECLARATION CONCERNING ARTICLE 28**

**1.** **The Parties agree, for the purpose of its correct interpretation and its practical**
**application,** **that the term "cases of special urgency" included in Article 28 of the**
**Agreement means cases of material breach of the Agreement by one of** **the** **Parties. A**
**material breach of the Agreement consists in**

**a)** **repudiation of the Agreement not sanctioned by the general rules of international law**

**or**

**b)** **violation of the essential elements of the Agreement set out in Article 1.**

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

**I**

**?/,**

**Unilateral declaration bv the Republic of Uzbekistan concerning the protection**
**of** **intellectual,** **industrial and commercial property rights**

**The Republic of Uzbekistan declares that :**

**1.** **By the end of the fifth year after entry into force of the Agreement, the**
**Republic of Uzbekistan shall accede to the multilateral conventions** **on**
**intellectual, industrial and commercial property rights referred to in Paragraph 2**
**of** **this** **declaration to which Member Statesof the Community are parties or**
**which are de facto applied by Member States according to the relevant provisions**
**contained in these conventions.**

**2.** **Paragraph 1 of this declaration concerns the following multilateral conventions:**

**- Berne Convention for the Protection of** **Literary** **and Artistic Works (Paris Act,**
**1971);**

**- International Convention for the Protection of Performers, Producers of**
**Phonograms and Broadcasting Organizations (Rome, 1961);**

**- Protocol** **relating to the Madrid Agreement concerning the International**
**Registration of** **Marks** **(Madrid, 1989);**

**- Nice Agreement concerning the International Classification of Goods and**
**Services for the purposes of the Registration of Marks** **(Geneva** **1977, amended**
**1979);**

**- Budapest Treaty on the International Recognition of the Deposit of** **Micro-**
**organisms** **for** **the purposes of Patent Procedures** **(1977,** **modified in** **1980);**

**- International Convention for the Protection of New Varieties of Plants (UPOV)**
**(Geneva Act,** **1991)**

**3.** **The Republic of Uzbekistan 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);**

**- 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 Uzbekistan 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** **paragraphs** **shall not apply to advantages granted by the**
**Republic of Uzbekistan to any third country on an effective reciprocal basis or to**
**advantages granted by the Republic of Uzbekistan to another country of the**
**former USSR.**

**-\u**
_tfk_

**1**

**ISSN 0254-1475**

**COM(96)** **466 final**

##### **DOCUMENTS**

**EN** **11**

**Catalogue number :** **CB-CO-96-480-EN-C**

**ISBN 92-78-09300-9**

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

**L-2985** **Luxembourg**