Source: EURLEX
Language: en
Format: md

**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 10.07.1996**
COM(96) 321 final

96/0179(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 ARMENIA, 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 ARMENIA,
 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 Armenia, on the other.

2. Pending ratification of the Partnership and Cooperation Agreement with the Republic
of Armenia, signed in Luxembourg on 22 April 1996, the Commission has, in
accordance with the negotiating directives adopted by the Council on 18 July 1994,
negotiated an Interim Agreement with the Republic of Armenia.

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 23 May 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 Armenia 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 Euratom.

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 contained in Annex I;

  - the Commission will conclude the Agreement on behalf of the ECSC by adopting the
Decision contained in Annex 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 contained in Annex II.

6. The Commission accordingly requests the Council to adopt the proposal contained in
Annex I and to give its assent and approval to the decision under Annex II.

**2.**

**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 Armenia, 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 ARMENIA, 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,

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 Armenia, of the other part, signed in Luxembourg on 22 April 1996, it is
necessary to approve on behalf of the European Community, the Interim Agreement on
trade and trade-related matters between the European Community, the European Coal and
Steel Community and the European Atomic Energy Community, of the one part, and the
Republic of Armenia, 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 Armenia, 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.

**Article** 3

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

Done at Brussels,

**1**

**ANNEX H**

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

Draft

COMMISSION DECISION

OF

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 ARMENIA, 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 Armenia of the other part, signed in Luxembourg on 22 April 1996, it is
necessary to approve the Interim Agreement between the European Community, the
European Coal and Steel Community and the European Atomic Energy Community, of
the one part, and the Republic of Armenia, of the other part, on trade and trade-related
matters initialled on 23 May 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 Armenia, 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 Euratom.

These texts are attached to this Decision.

**10** **G>**

Article 2

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,

#### **11 ?**

**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 ARMENIA, 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 Armenia, 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
Armenia have adopted the texts of the Joint declarations listed below and annexed to this
Final Act :

Joint Declaration concerning Title II of the Agreement

Joint Declaration concerning Article 7 of the Agreement

Joint Declaration concerning Article 8 of the Agreement

Joint Declaration concerning Article 15 of the Agreement

Joint Declaration concerning Article 28 of the Agreement

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

Declaration by the Republic of Armenia 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 Armenia

**12**

_**<?**_

```
          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 ARMENIA 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 ARMENIA

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 Armenia
of the other part was signed on 22 April 1996;

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

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

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

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

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

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

_M_ _Aix^_ /r?6

```
THE EUROPEAN COMMUNITY :

THE EUROPEAN COAL AND STEEL COMMUNITY :

THE EUROPEAN ATOMIC ENERGY COMMUNITY :

THE REPUBLIC OF ARMENIA :

```

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

**Have agreed as follows :**

**TITLE I : GENERAL PRINCIPLES**

**fPCA** **Armenia : Title** **H**

**Article 1**

**[PCA Armenia : 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 II : TRADE IN** **GOODS**

**fPCA Armenia : Title** **HI1**

**Article 2**

**[PCA** **Armenia : Article 91**

**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.**

### **_v>_**

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

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

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

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

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

**Article 3**

**fPCA Armenia : Article 101**

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**

**FPCA Armenia** : **Article** **111**

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**

**fPCA Armenia** **: Article 121**

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

2. Goods originating in the Community shall be imported into the Republic of Armenia
free of all quantitative restrictions and measures of equivalent effect.

_**U**_

Article 6

fPCA Armenia : Article 131

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

Article 7

[PCA Armenia : Article 141

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 Armenia, whichever is concerned, may take appropriate measures in
accordance with the following procedures and conditions.

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

fPCA Armenia : Article 151

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 Armenia 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.

_**II**_

**Article 9**

**fPCA Armenia : Article 161**

**The Agreement shall not preclude** **prohibitions** **or restrictions on imports, exports or**
**goods in transit justified on grounds of public morality,** **public** **policy or public security;**
**the protection of health and life of humans, animals or plants; the protection of natural**
**resources; the protection of national treasures of artistic, historic or archaeological value**
**or the protection of intellectual, industrial and commercial property or rules relating to**
**gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of**
**arbitrary discrimination or a disguised restriction on trade between the Parties.**

**Article 10**

**1PCA Armenia : Article 171**

**This Title II shall not apply to trade in textile products falling under chapters 50 to 63 of**
**the Combined Nomenclature. Trade in these products shall be governed by a separate**
**agreement, initialled on 18 January 1996 and applied provisionally with effect from 1st**
**January 1996.**

**Article** **11**
**fPCA Armenia ; Article 181**

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

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

**fPCA Armenia : Article 191**

**Trade in nuclear materials will be conducted in accordance with the provisions of the**
**Treaty establishing the European Atomic Energy Community. If necessary, trade in**
**nuclear materials shall be subject to the provisions of a specific Agreement to be**
**concluded between the European Atomic Energy Community and the Republic of**
**Armenia.**

**73**

**TITLE HI :**

**PAYMENTS. COMPETITION AND OTHER ECONOMIC PROVISIONS**

**TPCA** **Armenia : Title** **IV!**

**Article 13**

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

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

**Article 14**
**TPCA Armenia : Article 43 (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 Armenia : Article 42 (1)1**

**Pursuant to the provisions of** **this** **Article and of Anrtex II, the Republic of Armenia 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.**

_**AT***_

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

**iPCA** **Armenia : Title XH**

**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 draw up its recommendations by agreement between the Parties.**

**Article 19**
**IPCA** **Armenia : Article 851**

**When examining any issue arising within the framework of this Agreement in relation to a**
**provision referring to an article of the GATTAVTO, the Joint Committee 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** **Armenia : Article 891**

**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 Armenia;**

**- 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.**

_**/b**_

Article 21
fPCA Armenia : Article 901

Nothing in the Agreement shall prevent a Party from faking 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

[PCA Armenia : Article 911

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

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

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

Article 23

[PCA Armenia : Article 921

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

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

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

The Joint Committee shall appoint a third conciliator.

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

4. The Joint Committee may establish rules of procedure for dispute settlement.

_**IG**_

###### **x**

**Article** 24

**IPCA** Armenia : **Article 931**

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**

**IPCA** **Armenia : Article 941**

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

**Article 26**
**fPCA Armenia : Article 961**

Insofar as matters covered by this Agreement are covered by the Energy Charter
Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force
apply to such matters but only to the extent that such application is provided for
therein.

**Article** 27

1. This Agreement shall be applicable until the entry into force of the Partnership
and Cooperation Agreement signed on 22 April 1996.

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

**Article** 28

fPCA **Armenia** : **Article 981**

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 Armenia : Article 991**

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

_**( >**_

**Article 30**

**[PCA Armenia : Article** **1011**

**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**
**Armenia.**

**Article 31**

**This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish,**
**French, German, Italian, Spanish, Swedish, Greek, Portuguese, and Armenian**
**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 each other 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 Armenia 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.**

_**I***_

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

**Annex I** **Indicative list of advantages granted by the Republic of Armenia 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.**

**ANNEX I**

**Indicative list of advantages granted by the Republic of Armenia to the**
**Independent States in accordance with Article 2, paragraph 3.**

**All Independent States -**
**No import duties are** **implemented.**

_**to**_

_**-rr**_

**ANNEX II**

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

1. Community acts referred to in Article 15.

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

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

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

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

  - Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agricultural products and
foodstuffs.

  - Council Directive 93/83/EEC of 27 September 1993 on the coordination of
certain rules concerning copyright and rights related to copyright applicable to
satellite broadcasting and cable retransmission.

  - Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of
protection of copyright and certain related rights.

  - Council Directive 92/100/EEC of 19 November 1992 on rental right and
lending right and on certain rights related to copyright in the field of intellectual
property.

2. If problems in the area of intellectual, industrial and commercial property as
addressed in the above Community acts and affecting trading conditions were to
occur, urgent consultations will be undertaken, at the request of the Community
or the Republic of Armenia, with a view to reaching mutually satisfactory
solutions.

**2/**

_**AT**_

**PROTOCOL**

**ON MUTUAL ASSISTANCE**

**BETWEEN ADMINISTRATIVE AUTHORITIES**

**IN CUSTOMS MATTERS**

###### **_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** **[N]** **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**
**customs procedure applied to the** **goods.**

_**J3**_

**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.**

**2M**

**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** **itjs** **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.**

## **_ar_**

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 Armenia 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.

_**2.0**_

**fa**

**\ ),**

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 dov/n 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.**

### **_2*_**

**9**
**N**

**ARTICLE** **13**

**Application**

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

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

**ARTICLE 14**

**Complementarity**

**Without prejudice to Article 10, any agreements on mutual** **assistance** **which have**
**been concluded between one or more Member States of** **the** **European Union and the**
**Republic of Armenia 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.**

##### **3£**

**JOINT DECLARATION CONCERNING TITLE II**

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

**z4**

**•<J**

**JOINT DECLARATION CONCERNING ARTICLE 7**

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

_**50**_

_**Jiff**_

**JOINT DECLARATION CONCERNING ARTICLE 8**

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

_**3/**_

**JOINT DECLARATION CONCERNING ARTICLE 15**

Within the limits of their respective competences, the Parties agree that for the purpose
of the Agreement, intellectual, industrial and commercial property includes in particular
copyright, including the copyright in computer programs, and neighbouring rights, the
rights relating to patents, industrial designs, geographical 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.

**32-**

**-2<**

**JOINT DECLARATION CONCERNING ARTICLE 28**

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

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.

_**33**_

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

The Republic of Armenia declares that :

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

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

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

- International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting 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 Microorganisms 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 Armenia confirm the importance it attaches to the obligations
arising from the following multilateral conventions:

  - Paris Convention for the Protection of Industrial Property (Stockholm Act,
1967 and amended in 1979);

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

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

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

_**3^**_

_**—26**_

**ISSN** **0254-1475**

**COM(96)** **321 final**

# **DOCUMENTS**

**EN** **11** **02**

**Catalogue number :** **CB-CO-96-350-EN-C**

**ISBN** **92-78-06863-2**

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

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