Source: EURLEX
Language: en
Format: md

##### **`COMMISSION OF THE EUROPEAN COMMUNITIES`**

```
                          COM(95) 44 final

                          Brussels, 22.02.1995

                           95/ 0057(AVC)

```

**Proposal**
**for a Council and Commission Decision**

**on the conclusion of the Partnership and Cooperation Agreement**

**between the European Communities and their Member States**

**of the one part, and the Republic of Belarus, of the other part**

Explanatory memorandum

1. The attached proposal for a Council and Commission Decision constitutes the legal
instrument for the conclusion of the Partnership and Cooperation Agreement between the
European Communities and their Member States, on the one hand, and the Republic of
Belarus, on the other.

2. Following the Council's adoption of the negotiating directives on 5 October 1992,
negotiations with the Republic of Belarus were held in the course of 1993 and 1994. After
three rounds of negotiations, the Agreement was initialled on 22 December 1994.

3. The Agreement is a mixed agreement covering areas for which both the Communities and
the Member States are competent, and is concluded for an initial period often years.

It establishes a political dialogue. The Agreement covers also trade in goods, labour
conditions, establishment and operation of companies, cross-border supply of services,
payments and capital, competition, intellectual, industrial and commercial property protection,
legislative cooperation, economic cooperation, cultural cooperation and financial cooperation.

The Agreement contains a clause which allows it to be suspended, even unilaterally, if it is
considered that there has been a breach of the essential elements underlying the Agreement i.e.
respect for democracy, human rights and the principles of the market economy.

The Agreement sets out an institutional framework for its implementation with a Cooperation
Council, a Cooperation Committee and a Parliamentary Cooperation Committee.

The Agreement refers to the prospect of a future free trade area. In 1998, circumstances will
be assessed in order to see whether negotiations can begin with a view to a free trade
agreement.
Customs cooperation is covered by a separate protocol.

4. The Agreement will, as far as relations between the Community and the Republic of
Belarus are concerned, replace the Agreement on Trade and Commercial and Economic
Cooperation between the European Economic Community and the European Atomic Energy
Community, and the USSR, signed on 18 December 1989.

5. The procedures of the three Communities (EC, EAEC and ECSC) for signing and
concluding the Agreement differ.

In the case of the EC, account will have to be taken of Opinion 1/94 delivered by the Court of
Justice on 15 November 1994 on the competence of the European Community to conclude the
agreements reached during the Uruguay Round.

For the purpose of concluding the Agreement:

-the Council will conclude the Agreement, with the assent of the European Parliament, on
behalf of the European Community in accordance with Article 54(2), the closing sentence
of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235 in conjunction with Article
228(2) and the second subparagraph of Article 228(3) of the EC Treaty by adopting the
attached decisions;

-the Commission will conclude the Agreement on behalf of the ECSC in accordance with
Article 95 of the ECSC Treaty, after consulting the Consultative Committee and with the
unanimous assent of the Council;

-the Commission will conclude the Agreement (on behalf of the European Atomic Energy
Community) after the Council has approved it in accordance with the second paragraph of
Article 101 of the Euratom Treaty.

The conclusion of the Agreement will have to be ratified by all the Member States given the
mixed nature of the Agreement.

6. In view of the above, the Commission asks the Council to adopt the annexed decision.

**4 i**

**COUNCIL AND COMMISSION DECISION**

**OF**

**on the conclusion of the Partnership and Cooperation Agreement**
**between the European Communities and their Member States**
**of the one part, and the Republic of Belarus, of the other part**

(../.. ./ECSC, EC, EURATOM)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Coal and Steel Community,

Having regard to the Treaty establishing the European Community, and in particular Article
54(2), the closing sentence of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235 in
conjuction with Article 228(2) and the second subparagraph of Article 228(3) there-of,

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

Having regard to the assent of the European Parliament,

Having regard to the approval of the Council given in accordance with Article 101 of the
Treaty establishing the European Atomic Energy Community,

Having consulted the ECSC Consultative Committee and with the unanimous agreement of
the Council,

Whereas, the Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and the Republic of Belarus, of the other part,
signed, should be approved,

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

HAVE DECIDED AS FOLLOWS :

**Article 1**

The Partnership and Cooperation Agreement between the European Communities and their
Member States of the one part, and the Republic of Belarus, of the other part, together with
the Protocol and the declarations, are hereby approved on behalf of the European Community,
the European Coal and Steel Community, and the European Atomic Energy Community.

These texts are attached to this Decision.

Article 2

1. The position to be adopted by the Community in the Cooperation Council shall be
determined by the Council, on a proposal from the Commission, or, where appropriate, by
the Commission, in each case in accordance with the relevant provisions of the Treaties
establishing the European Community, the European Coal and Steel Community and the
European Atomic Energy Community.

2. In accordance with Article 72 of the Partnership and Cooperation Agreement, the President
of the Council shall preside over the Cooperation Council and shall present the
Community's position. A representative of the Commission shall preside over the
Cooperation Committee in accordance with its rules of procédure and shall present the
Community's position.

Article 3

The President of the Council shall give the notification provided for in Article 87(a) of the
Agreement on behalf of the European Community. The President of the Commission shall give
such notification on behalf of the European Coal and Steel Community and the European
Atomic Energy Committee.

Done at Brussels,

_AJL_

**Final** **Act**

The plenipotentiaries of:

THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN, "
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, the Treaty
establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty
establishing the EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as "the Member States", and of

the EUROPEAN COMMUNITY, THE EUROPEAN ATOMIC ENERGY COM-MUNITY
and the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as "the
Community",

of the one part, and

the plenipotentiaries of the Republic of Belarus,

of the other part,

meeting in the year one thousand nine hundred and ninety-five for the signature of the

Partnership and Cooperation Agreement establishing a partnership between the European
Communities and their Members States, of the one part, and the Republic of Belarus, of the
other part, hereinafter referred to as "the Partnership and Cooperation Agreement", have
adopted the following text:

the Partnership and Cooperation Agreement and the Protocol on mutual assistance in customs

matters.

**/**

The plenipotentiaries of the Member States and of the Community and the plenipoten-tiaries
of the Republic of Belarus have adopted the texts of the Joint Declarations listed below and
annexed to this Final Act:

Joint Declaration concerning Article 13 of the Agreement

Joint Declaration concerning Article 13a of the Agreement

Joint Declaration concerning Article 28 and 28a of the Agreement

Joint Declaration concerning Article 28a of the Agreement

Joint Declaration concerning Article 32 of the Agreement

Joint Declaration concerning the notion of "control" in Article 24(b) and Article 32(a) of
the Agreement

Joint Declaration concerning Article 34(a) of the Agreement

Joint Declaration concerning Article 76(a) of the Agreement

The plenipotentiaries of the Member States and of the Community and the plenipoten-tiaries
of the Republic of Belarus have also taken note of the following exchange of letters annexed
to this Final Act:

Exchange of letters between the Community and the Republic of Belarus in rela-tion to the
establishment of companies

The plenipotentiaries of the Member States and of the Community and the plenipoten-tiaries
of the Republic of Belarus have also taken note of the following exchange of letters outside
the Partnership and Cooperation Agreement and annexed to this Final Act:

Exchange of letters on the consequences of enlargement

The plenipotentiaries of the Republic of Belarus have also taken note of the declaration listed
below annexed to this Final Act:

Unilateral Declaration by the French Republic on the OCT

Done at in the year one thousand nine hundred and ninety

five.

For the Council and the Commission of the European Communities.

For the Republic of Belarus.

### **_A I_**

**PARTNERSHIP AND COOPERATION AGREEMENT**

**NEGOTIATIONS**

**WITH**

**BELARUS**

Current draft text on 22/12/94

Third round of negotiations to be held on 20-21-22/12/94

**22/12/94**

**WORKING DOCUMENT**

**PARTNERSHIP** **AND** **COOPERATION** **AGREEMENT** **BETWEEN** **THE** **EUROPEAN**

**COMMUNITIES AND THEIR MEMBER STATES. OF THE ONE PART. AND THE** **REPUBUP.** **OF**

**BELARUS. OF THE OTHER PART.**

THE **KINGDOM OF BELGIUM,**

THE **KINGDOM OF DENMARK,**

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC.

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

contracting parties to the Treaty establishing the European Economic Community, the Treaty establishing
the European Coal and Steel Community, and the Treaty establishing the European Atomic Energy
Community,

hereinafter referred to as "Member States", and

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

hereinafter referred to as "the Community",

of the one part,

and

THE REPUBLIC OF BELARUS

of the other part,

hereinafter referred to as "the Parties",

CONSIDERING the links between the Community, its Member States and the Republic of Belarus and the
common values that they share,

**~)**

**RECOGNIZING that the Community and the Republic of Belarus wish to strengthen these links and to**
**establish partnership and cooperation which would strengthen and widen the relations estabUshed in the**
**past in particular by the Agreement between the European Economic Community and the European**
**Atomic Energy Community and the Union of Soviet Socialist Republics** **on** **Trade and Commercial and**
**Economic** **Cooperation,** **signed on 18 December 1989.**

**CONSIDERING the commitment of the Community and its Member States and of the Republic of Belarus**
**to strengthening the political and economic freedoms which constitute the very basis of the partnership,**

**CONSIDERING the commitment of** **the** **Parties to promote international peace and security as well as the**
**peaceful settlement of disputes and to** **co-operate** **to this end in the** framework **of** **the** United Nations and
**the Conference on Security and Cooperation in Europe,**

**WELCOMING the** decision by the Republic of Belarus to become a party to the Treaty on NonProliferation of Nuclear Weapons **and** the Strategic Arms Reduction Treaty of and the Lisbon Protocol.

**CONSIDERING the** firm commitment **of** **the** Community **and** its Member States and of **the** Republic of
Belarus to the full implementation of all principles and provisions contained in the Final Act of the
Conference on Security and Cooperation in Europe (CSCE), the Concluding Documents of the Madrid
and Vienna Follow Up Meetings, the Document of the CSCE Bonn Conference on Economic
Cooperation, the Charter of Paris for a New Europe and the CSCE Helsinki Document 1992, "the
Challenges of Change",

RECOGNIZING in that context that support of independence, sovereignty and territorial integrity of the
Republic of Belarus will contribute to safeguarding of peace and stability in the region of Central and
Eastern Europe and on the European Continent as a whole,

CONFIRMING **the** attachment of the Community and its Member States and of the Republic of Belarus to
the European Energy Charter, and to the Declaration of the Lucern Conference, April 1993,

CONVINCED of the paramount importance of the rule of law and respect for human rights, particularly
those of minorities, the establishment of a multiparty system with free and democratic elections and
economic liberalization aimed at setting up a market economy,

BELIEVING that full implementation of this partnership and cooperation Agreement will both depend on
and contribute to continuation and accomplishment of the political, economic and legal reforms in the
Republic of Belarus, as well as the introduction of the factors necessary for cooperation, notably in the
light of the conclusions of the CSCE Bonn Conference,

DESIROUS of encouraging the process of regional cooperation in the areas covered by this agreement
with the neighbouring countries **in** order to promote the prosperity and stability of the region,

DESIROUS of establishing and developing regular political dialogue on bilateral and international issues
of mutual interest,

TAKING ACCOUNT of the Community's willingness to provide for economic cooperation and technical
assistance as appropriate,

BEARING IN MIND the utility of the Agreement, for further involvement of the Republic of Belarus into
the processes of widening cooperation in neighbouring regions and in Europe and its integration into the
world market economy,

RECOGNIZING the changes that are taking place in the political and economic system of the Republic of
Belarus and its efforts aimed at transition of its economy into a market economy,

CONSIDERING the commitment of the Parties to liberalise trade, based on the principles contained in the
General Agreement on Tariffs and Trade,

CONSCIOUS of the need to improve gradually conditions affecting business and investment, and
conditions in areas such as the establishment and operation of enterprises, labour, provision of services and

**conditions in areas such as the establishment and operation** **ofjenterprises,** **labour, provision of services and**
**capital movements,**

**CONVINCED that this Agreement** **will** **create a new climate for economic relations between the Parties**
**and in particular for the development** **of trade and investment, which are essential to economic**
**restructuring and technological modernization,**

**DESIROUS of establishing close cooperation in the area of environment protection taking into account the**
**interdependence existing between the Parties** **in** **this field,**

**DESIROUS of developing and diversifying cultural cooperation and improving the flow of information,**

**Have agreed as follows :**

**Article 1**

**A Partnership is hereby established between the Community and its Member States of the one part, and the**
Republic of Belarus of the other part. The objectives **of** this partnership **are:**

to provide an appropriate framework for the political dialogue between the Parties allowing the
development of political relations,
to promote mutually beneficial trade and investment and harmonious economic relations between
the Parties and so to foster their sustainable economic development,
to provide a solid basis for legislative, economic, social, financial, scientific and technical, and
cultural cooperation,
to support efforts of the Republic of Belarus to consolidate its democracy and to develop its
economy and to complete the transition **into a market economy.**

**TITLE I** **:** **GENERAL PRINCIPLES**

**Article 2**

**Respect for democracy, principles of international law, and human rights as defined in particular in the**
**UN 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
**the present Agreement.**

Article 3

**The Parties** consider **that it** is essential for the future prosperity and stability of the region of the former
**Soviet Union that the** newly **independent** states which have emerged from the dissolution of the Union of
Soviet Socialist Republics, hereinafter called "Independent States", should maintain and develop
cooperation among themselves in compliance with the principles of the Helsinki Final Act and with
international law and spirit of good neighbourly relations and will make every effort to encourage this

process.

Article 3 bis

The Parties undertake to consider, in particular when Belarus has further advanced in the process of
economic reform, developments of the relevant Titles of this Agreement, in particular Title III and Article
34, with **a** view to the establishment of **a** free trade area between them. The Cooperation Council may
make recommendations on such developments to the Parties. Such developments shall only be put into
effect by virtue of an agreement between the Parties in accordance with their respective procedures. The
Parties shall consult each other in the year 1998 as to whether circumstances, and in particular Belarus's
advances in market oriented economic reforms and the economic conditions prevailing there at that time,
allow the beginning of negotiations on the establishment of a free trade area.

Article 3 ter

The Parties undertake to examine together, by mutual consent, amendments which it may be appropriate to
make to any part of the Agreement in view of changes in circumstances, and in particular of the situation
arising from the Republic of Belarus's accession to GATTAVTO. The first examination shall take place
three years after the entry into force of the Agreement or when the Republic of Belarus becomes a
Contracting Party' of GATTAVTO, whichever is earlier.

##### **_A: '_**

**TITLE II** **:** **POLITICAL DIALOGUE**

**Article 4**

**A regular** **political** **dialogue shall be established between the Parties which they intend to develop and**
**intensify. It shall accompany and** **consolidate** **the rapprochement between the Community and the Republic**
**of Belarus, support the democratic changes underway in the political life of, as well as, the process of**
**economic reform in the Repubhc of Belarus and contribute to the establishment of new forms of**
**cooperation. The political** **dialogue:**

**shall strengthen the links of the Republic of Belarus with the Community and its Member States, and**
**thus with the community of democratic nations as a whole. The economic convergence achieved**
**through this** **Agreement** **will lead to more intense political relations;**

**shall bring about an increasing convergence of positions on international issues of mutual concern**
**thus increasing** security **and stability.**

shall foresee that the Parties endeavour to co-operate on matters pertaining to the strengthening of stability
and security in Europe, the observance of the principles of democracy, the respect and promotion of humai
rights, particularly those of minorities and shall hold consultations, if necessary, on the relevant matters.

Article 5

At ministerial level, political dialogue shall take place within the Cooperation council established in Article
66 and on other occasions by mutual agreement.

Article 6

Other procedures and mechanisms for political dialogue shall be set up by the Parties, and in particular in
the following forms:

regular meetings at the level of senior officials between representatives of the Community **and** its
Member States on the one hand, and representatives of the Republic of Belarus on the other hand;

taking full advantage of diplomatic channels, including appropriate contacts in the bilateral as well as
the multilateral field, such as the United Nations, CSCE meetings and elsewhere;

exchanging information on matters of mutual interest concerning political cooperation in Europe;

any other means which would contribute to consolidating and developing this political dialogue.

Article 7

Political dialogue at parliamentary level shall take place within the framework of the Parliamentary
Cooperation Committee established in Article 70.

_**.^:**_

**TITLE** **III:** **TRADE IN GOODS**

**Article 8**

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

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

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

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

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

3. The provisions of paragraph 1 and Article 9.2 shall not apply, during a transitional period
expiring on the date of the Republic of Belarus acceding to GATT or on the 31st December 1998,
whichever is earlier, to advantages defined in Annex I granted by the Republic of Belarus to other
states which have emerged from the dissolution of the USSR.

Article 9

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

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

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

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

Article 10

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 11

Goods originating in Belarus and the Community respectively shall be imported into the Community and
Belarus respectively free of quantitative restrictions without prejudice to Articles 13, 16, 16bis. to the
provisions of annex II of this Agreement, and to the provisions of Articles 77, 81, 244, 249 and 280 of the
Acts of Accession of Spain and Portugal to the European Community.

**Article** **11** **bis**

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

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

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

Article 11 ter

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

(i) Article VII, paragraphs 1, 2, 3, 4a, 4b, 4d, 5;

(ii) Article VIII;

(iii) Article IX;

(iv) Article X.

Article 12

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

Article 13

1. Where any product is being imported into the territory of one of the Parties in such increased
quantities and under such conditions as to cause or threaten to cause substantial injury to domestic
producers of like or direct competitive products, the Community or the Republic of Belarus, 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 Belarus as the case may be shall supply the Cooperation
Committee with all relevant information with a view to seeking a solution acceptable to both Parties.

3. If, as a result of the consultations, the Parties do not reach agreement within 30 days of referral to the
Cooperation 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 Contracting Parties shall give priority to those
which cause least disturbance to the achievement of the aims of this Agreement.

**^**

**Article 13bis**

**Nothing in this Title, and in Article 13 in particular shall prejudice or affect in any way the taking, by**
**either Party, of anti-dumping or countervailing measures in accordance with Article VI of the GATT, the**
**Agreement on implementation of Article VI of the GATT, the Agreement on interpretation and application**
**of Articles VI, XVI and XXIII of the GATT or related internal legislation.**

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

Article **15**

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 16

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

Article 16bis

1. Trade in products covered by the Treaty establishing the European Coal and Steel Community
shall **be** governed by the provisions of this Title III, with the exception of Article 11.

2. A contact group on coal and steel matters is set up, comprising representatives of the Community on
the one hand, and representatives of the Republic of Belarus on the other.

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

Article 17

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

**TITLE** **IV:** **PROVISIONS AFFECTING BUSINESS AND INVESTMENT**

**Chapter** **I:** **Labour conditions**

**Article 18**

**1.** **Subject to the** **laws,** **conditions and procedures applicable in each Member State, the Community**
**and the Member States shall endeavour to ensure that the treatment accorded to Belarusian nationals**
**legally employed in the territory of a Member State shall be free from any** **Discrimination** **based on**
**nationality, as regards working conditions, remuneration or dismissal, as compared to its own**
**nationals.**

**2.** **Subject to the laws, conditions and procedures applicable in Republic of Belarus, the Republic of**
**Belarus shall endeavour to ensure that** the **treatment accorded to nationals of** **a** **Member State** legally
employed in the territory of Republic of Belarus shall be free from any discrimination based on
nationality, as regards working conditions, remuneration or dismissal, as compared to **its** own
nationals.

Article 18 bis

Coordination of Social Security

The Parties shall conclude agreements in order:

(i) to adopt, subject to the conditions and modalities applicable in each Member State, the provisions
necessary for the coordination of Social Security systems for workers of Belarusian nationality,
legally employed in the territory of a Member State. These provisions will in particular ensure that:

all periods of insurance, employment or residence completed by such workers in the various
Member States shall be added together for the purpose of pensions in respect of old age, invalidity
and death and for the purpose of medical care for such workers;

any pensions in respect of old age, death, industrial accident or occupational disease, or of
invalidity resulting therefrom, with the exception of the special non-contributory benefits, shall be
freely transferable at the rate applied by virtue of the law of the debtor Member state or states;

(ii) to adopt, subject to the conditions and modalities applicable in Belarus, the provisions necessary to
accord to workers who are nationals of a Member State and legally employed in Belarus, treatment
similar to that specified in the second indent of paragraph (i).

Article 18 ter

The measures to be taken in accordance with Article 19 bis shall not affect any rights or obligations
arising from bilateral agreements linking Belarus and the Member States where those agreements provide
for more favourable treatment of nationals of Belarus or of the Member States.

Article 19

The Cooperation Council shall examine which joint efforts can be made to control illegal immigration,
taking into account the principle and practice of readmission.

Article 20

The Cooperation Council shall examine which improvements can be made in working conditions for
business people consistent with the international commitments of the Parties, including those set out in the
document of the CSCE Bonn Conference.

**K)**

**Article 21**

**The** **Cooperation** **Council shall make recommendations for the implementation of Articles 18, 19 and 20.**

_**^**_ **11** _**,.-><'**_ _**'**_

**Chapter** **II:** **Conditions affecting the establishment and operations of enterprises**

**Article 22**

**1.** **a)** **The Community and its Member States shall grant for the establishment of Belarusian companies**

**in their territories treatment no less favourable than that accorded to companies of any third**
**country, and this in conformity with their legislation and regulations.**

**b)** **Without prejudice to the reservations listed in Annex III, the Community and its Member States**
**shall grant to subsidiaries of Belarusian companies established in their territories a treatment no**
**less favourable than that granted to any Community company, in respect of their** **operation,** **and**
**this in conformity with their legislation and regulations.**

**c)** **The Community and its Member States shall grant to branches of Belarusian** **companies**
**established in their territories a treatment no less favourable than that accorded to branches of**

companies of any third country, in respect of their operation, and this in conformity **with** their
legislation and regulations.

2. a) Widiout prejudice to the reservations listed in Annex IV, Belarus shall grant for the establishment
of Community companies in its territory, a treatment no less favourable than that accorded to its
own companies or to companies of any third country whichever is the better, and this in
conformity with its legislation and regulations.

b) Belarus shall grant to subsidiaries and branches of Community companies, established in its
territory, **in** respect of their operations, treatment **no** less favourable than that accorded **to** its own
companies or branches, or **to** Belarusian subsidiaries **or** branches of any third country, whichever
**is** the better, and this in conformity with its legislation and regulations.

3. The provisions of paragraphs l.b) and 2.b) cannot be used so as to circumvent **a** Party's legislation
and regulations applicable to access to specific sectors or activities by subsidiaries or branches of
companies of the other Party established in the territory of such first Party.

The treatment referred to in paragraph l.b), l.c) and 2,b) and 2.c) shall benefit companies and
branches established in the Community and Belarus respectively at the date of entry into force of
this Agreement and companies and branches established after that date once they are established.

Article 23

1. The provisions of Article 22 shall not apply to air transport, inland waterways transport and maritime
transport, without prejudice to the provisions of Article 78.

2. However, in respect of activities undertaken by shipping agencies for the provision of international
maritime transport services, including intermodal activities involving a sea leg, each Party shall permit
to the companies of the other Party their commercial presence in its territory in the form of
subsidiaries or branches, under conditions of establishment and operation no less favourable than those
accorded to its own companies or to subsidiaries or branches of companies of any third country,
whichever are the better.

**12** **,-'*-** **'"**

**Such activities include, but are not limited to:**

**(a) marketing and sales of** **maritime** **transport and related services through direct contact with customers,**
**from quotation to invoicing, whether these services are operated or offered** by **the service supplier**
**itself or by service** **suppliers** **with which the service seller has established standing business**
**arrangements;**
**(b) purchase and use, on their own account or on** behalf **of their** customers (and the resale to their
**customers) of any transport and related services, including inward** transport services by any mode,
**particularly inland waterways, road and Tail,** necessary **for the** supply of an integrated service;
**(c) preparation of documentation concerning transport** documents, customs documents, or other
**documents related to the origin and character of the** goods **transported;**
**(d)** provision **of** business **information of** any means, including computerised information systems and
electronic data interchange (subject to any non-discriminatory restrictions concerning
telecommunications);
(e) setting **up** of any business arrangement, including participation in the company's stock and the
appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the relevant
provisions of this Agreement), with any locally established shipping agency;
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.

Article 24

For the purposes of this Agreement:

a) A "Community company" or a "Belarusian company" respectively shall mean a company set up in
accordance with the laws of **a** Member State or of Belarus respectively and having its registered office
or central administration or principal place of business in the territory of the Community or Belarus
respectively. However, should the company, set up in accordance with the laws of a Member State or
Belarus respectively, have only its registered office in the territory of the Community or Belarus
respectively, the company shall be considered a Community or Belarusian company respectively if its
operations possess a real and continuous link with the economy of one of the Member States or
Belarus respectively.
b) "Subsidiary" of a company shall mean a company which is effectively controlled by the first

company.
c) "Branch" of a company shall mean a place of business not having legal personality which has the
appearance of permanency, such as the extension of a parent body, has a management and is
materially equipped to negotiate business with third parties so that the latter, although knowing that
there will if necessary be a legal link with the parent body, the head office of which is abroad, do not
have to deal directly with such parent body but may transact business at the place of business
constituting the extension.
d) "Establishment" shall mean the right of Community or Belarusian companies as referred to in Article
24 a) to take up economic activities by means of the setting up of subsidiaries and branches in
Belarus or in the Community respectively.
e) "Operation" shall mean the pursuit of economic activities.
f) "Economic activities" shall mean activities of an industrial, commercial and professional character.
g) With regard to international maritime transport, including intermodal operations involving a sea leg.
shall also be beneficiaries of the provisions of this Chapter and Chapter III, nationals of the Member
States or of Belarus established outside the Community or Belarus respectively, and shipping
companies established outside the Community or Belarus and controlled by nationals of a Member
State or Belarusian nationals respectively, if their vessels are registered in that Member State or in
Belarus respectively in accordance with their respective legislations.

**Article** **25**

**1.** **Notwithstanding any other provisions of** **the** **Agreement,** **a Party shall not be prevented from taking**
**measures for prudential reasons, including for the protection of** **investors,** **depositors, policy holders**
**or persons to whom a** **fiduciary** **duty is owed by a financial service supplier, or to ensure the integrity**
**and stability of the** **financial** **system. Where such measures do not conform with the provisions of the**
**Agreement, they** **shall** **not be** **used** **as a means of avoiding the obligations of a Party under the**
**Agreement.**

**2.** **Nothing in the Agreement shall be construed to require a Party to disclose information relating to the**
**affairs and accounts of individual customers or any confidential or proprietary information in the**
possession **of public entities.**

3. **For** the purpose **of** this Agreement, "financial services" shall mean those activities described **in** Annex

V.

Article 26

The provisions of the present Agreement shall not prejudice the application by each Party of any measure
necessary to prevent the circumvention of its measures concerning third country access to its market,
through the provisions of this Agreement.

A^ Article 27

Notwithstanding the provisions **of** Chapter I of this Title, a Community company or a Belarusian
company established in the territory of Belarus or the Community respectively shall be entitled to
employ, **or** have employed by one of its subsidiaries or branches, in accordance with the legislation in
force in the host country of establishment, in the territory **of** Belarus and the Community respectively,
employees who are nationals **of** Community Member States and Belarus respectively, provided that
such employees are key personnel as defined in paragraph 2 of this Article, and that they are
employed exclusively by companies, subsidiaries or branches. The residence and work permits of
such employees shall only cover the period of such employment.

Key personnel of the above mentioned companies herein referred to as "organisations" are "intracorporate transferees" as defined in (c) of this Article in the following categories, provided that the
organisation is a juridical person and that the persons concerned have been employed by it or have
been partners in it (other than as majority shareholders), for at least the year immediately preceding
such movement:

(a) Persons working in a senior position with an organisation, who primarily direct the management of
the establishment, receiving general supervision or direction principally from the board of directors
or stockholders of the business or their equivalent, including:

     - directing the establishment or a department or sub-division of the establishment;

     - supervising and controlling the work of other supervisor)', professional or managerial employees;

    - having the authority personally to hire and fire or recommend hiring, firing or other personnel
actions.

(b) Persons working within an organisation who possess uncommon knowledge essential to the
establishment's service, research equipment, techniques or management. The assessment of such
knowledge may reflect, apart from knowledge specific to the establishment, a high level of
qualification referring to a type of work or trade requiring specific technical knowledge, including
membership of an accredited profession.

_**/**_ _**-yy**_

**(c)** **An "intra-corporate** **transferee"** **is defined as a natural person working within an organisation** **in** **the**
**territory of a Party, and being temporarily transferred in the context of pursuit of economic**
**activities in the territory of the other Party; the organisation concerned must have its principal**
**place of business in the territory of a Party and the transfer be to an establishment** **(branch,**
**subsidiary) of that** **organisation,** **effectively pursuing like economic activities in the territory of** **the**
**other Party.**

**Article 27bis**

**1.** **The Parties shall use their best endeavours to avoid taking any measures or actions which render the**
**conditions for the establishment and operation of each other's companies more restrictive than the**
**situation existing on the day preceding the date of signature of the Agreement.**

**2.** **The provisions of this Article are without prejudice to** those of Article 32b : the situations covered by
**such Article 32b shall be** solely **governed by its provisions to** the exclusion of any other.

3. Acting **in the** spirit of partnership **and** cooperation and in the light of the provisions contained in
**Article 35, the Government of Belarus shall inform** the Community of its intentions to submit new**legislation or adopt new regulations which** may **render** the conditions for the establishment or
operation **in** Belarus of subsidiaries and branches of Community companies more restrictive than the
**situation existing on the** day preceding the date of signature of the Agreement. The Community may
request Belarus to communicate the drafts of such legislation or regulations and to enter into
consultations about those drafts.

4> Where **new** legislation or regulations introduced in Belarus would result in rendering the conditions
**for establishment of** Community companies into its territory and for the operation of subsidiaries and
branches of Community companies established in Belarus more restrictive than the situation existing
on **the day** of signature of the Agreement, such respective legislation or regulations shall not apply
**during three years following the** entry **into** force of the relevant act to those subsidiaries and branches
already established **in** Belarus **at** the time of entry into force of the relevant act.

15

**Chapter** **IP:** **Cross-border supply of services between the Community**
**and the Republic of Belarus**

**Article 28**

**1.** **The Parties undertake in accordance with the provisions of** **this** **Chapter to take the necessary**
**steps to allow progressively the supply of services by Community or Belarusian companies who are**
**established in a Party other than that of the person for whom the services are intended taking into**
**account the development of the services sectors in the Parties.**

**2.** The **Cooperation Council shall** make **recommendations for the** implementation of paragraph **1** of
this article.

3. The Parties shall cooperate with the aim of developing **a** market oriented service sector in the
Republic of **Belarus.**

**Article 28bis**

For the sectors listed in Annex VI to this Agreement, the Parties shall grant each other treatment no less
favourable than that accorded to any third country with regard to the conditions affecting the cross border
supply of services, by Community or Belarusian companies into the territory of Belarus or the Communitv
respectively, pursuant to the legislation and regulations applicable in each Party'.

Article 29

Subject to the provisions of Article 32 of this Agreement, the Parties shall permit for the sectors listed in
Annex VI to this Agreement the temporary movement of natural persons, who are representatives of **a**
Community or a Belarusian company and are seeking temporary entry for the purpose of negotiating for
the sales of cross-border services or entering into agreements to sell cross-border services for that
company, where those representatives will not be engaged in making direct sales to the general public or in
supplying services themselves.

Article 30

1. For the sectors listed in Annex VI, each Party may regulate the conditions of cross border supply of

services into its territory. Insofar as these regulations are of general application they shall be
administered in a reasonable, objective and impartial manner.

2. Paragraph 1 is without prejudice to the provisions of Articles 28bis and 32e.

3. By the end of the third year after signature of the Agreement at the latest, the Parties shall examine

within the Cooperation Council:

- measures introduced by either Party since the signature of the Agreement which affect the cross-border
supply of services covered by Article 28bis; and

- whether it is possible for the Parties to assume:

 - the obligation not to take any measures or actions which may render the conditions for the cross-border
supply of services covered by Article 28bis more restrictive than the situation existing at the time of
such examination, or

 - other obligations affecting their freedom of action

 - in areas agreed between the Parties in respect of the commitments assumed in Article 28bis.

**16**
_**y,-y>**_

**If after such examination one Party is of the view that measures introduced by the other Party since the**
**signature of the Agreement result in a situation which is significandy more restrictive in respect of**
**cross-border supply of services covered by Article 28bis as compared with the situation existing at the**
**date of signature of the** **Agreement,** **such** **first** **Party may request the other Party to enter into**
**consultations. In such case the provisions of Part A of Annex VII shall apply.**

**4.** **In furtherance of the aims of this Article, measures shall be taken as indicated in Part B of Annex VII.**

**5. The provisions of this Article are without prejudice to those of Article 32b: the** situations covered by
**such Article 32b shall be solely governed by its provisions to the exclusion** of any other.

Article 30bis

1. **The** Parties undertake **to** apply effectively **the** principle of unrestricted access to the international
maritime market and traffic on a'commercial basis.

a) The above provision does not prejudice the rights and obligations arising from the United
Nations Code of Conduct for Liner Conferences, as applicable to one or other Contracting
Party to the present Agreement. Non-conference lines will be free to operate in competition
with a conference as long as they adhere to the principle of fair competition on a commercial
basis.

b) The Parties affirm their commitment to a freely competitive environment as being an essential
feature of the dry and liquid bulk trade.

2. In applying the principles of paragraph 1, the Parties shall:

a) not apply, as from entry into force of this agreement, any cargo sharing provisions of bilateral
agreements between any Member State of the Community and the former Soviet Union;

b) not introduce cargo sharing clauses in future bilateral agreements with third countries, other
than in those exceptional circumstances where liner shipping companies from one or other Party
to the present agreement would not otherwise have an effective opportunity to apply for trade to
and from the third country concerned;

c) prohibit cargo sharing arrangements in future bilateral agreements concerning dry and liquid
bulk trade;

d) abolish, upon entry into force of this Agreement, all unilateral measures, administrative,
technical and other obstacles which could have restrictive or discriminatory effects on the free
supply of services in international maritime transport.

Each Party shall grant, inter alia, no less favourable treatment for the ships operated by
nationals or companies of the other party than that accorded to a Party's own ships with regard
to access to ports open to international trade, the use of infrastructure and auxiliary' maritime
services of the ports, as well as related fees and charges, customs facilities and the assignment
of berths and facilities for loading and unloading.

3. Nationals and companies of the Community providing international maritime transport services shall
be free to provide international sea-river services in the inland waterways of the Republic of Belarus
and vice versa.

Article 30ter

With a view to assuring a co-ordinated development of transport between the Parties, adapted to their
commercial needs, the conditions of mutual market access and provision of services in transport by road.

17 / " . ' . 

**rail and inland waterways and, if applicable, in air transport may be dealt with by specific agreements**
**where appropriate negotiated between the Parties as defined in Article 75d after entry into force of this**
**Agreement.**

**> '** **18** _**.4**_

**Chapter** **IV:** **General Provisions**

**Article** **31**

**1.** **The provisions of this Title shall be applied subject to limitations justified on grounds of public**
**policy, public security or public health.**

**2.** **They shall not apply to activities which in the territory of either** Party **are** connected, even
**occasionally, with the** exercise **of** official authority.

Article 32

For **the** purpose of Title IV, nothing in this Agreement shall prevent the Parties from applying
**their laws and** regulations regarding entry and stay, work, labour conditions and establishment
**of natural persons and supply of** services, provided **that,** in so doing, they do not apply them in a
manner as to nullify or impair the benefits accruing to any Party under the terms of a specific
provision of the Agreement. The above provision does not prejudice the application of Article 31.

Article 32a

Companies which are controlled and exclusively owned by Belarusian companies and Community
companies jointly shall also be beneficiaries of the provisions of Chapters **II,** III and IV of this Title.

Article 32b

Treatment granted by either Party to the other hereunder shall, as from the day one month prior to the date
of entry into force of the relevant obligations of the GATS, in respect of sectors or measures covered by
the GATS, in no case be more favourable than that accorded by such first Party under the provisions of
GATS and this in respect of each service sector, sub-sector and mode of supply.

Article 32c

For the purposes of Chapters **II, III** and IV of this Title, no account shall be taken of treatment accorded
by the Community, its Member States or Belarus pursuant to commitments entered into in economic
integration agreements in accordance with the principles of Article V of the GATS.

Article 32d

1. The Most Favoured Nation treatment granted in accordance with the provisions of this Title shall not
apply to the tax advantages which the Parties are providing or will provide in the future on the basis
of agreements to avoid double taxation, or other tax arrangements.

2. Nothing in this Title shall be construed to prevent the adoption or enforcement by the Parties of anv
measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of
agreements to avoid double taxation and other tax arrangements, or domestic fiscal legislation.

3. Nothing in this Title shall be construed to prevent Member States or Belarus from distinguishing, in
the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in
identical situations, in particular as regards their place of residence.

19 >''

Article 32e

Without prejudice to Article 27, no provision of Chapters II, III and IV hereof shall be interpreted as
giving the right to:

- nationals of the Member States or of Belarus respectively to enter, or stay in, the territory of Belarus or
the Community respectively in any capacity whatsoever, and in particular as a shareholder or partner in
a company or manager or employed thereof or supplier or recipient of services;

Community subsidiaries or branches of Belarusian companies to employ or have employed in the
territory of the Community nationals of Belarus;

- Belarusian subsidiaries or branches of Community companies to employ or have employed in the
territory of Belarus nationals of the Member States;

- Belarusian companies or Community subsidiaries or branches of Belarusian companies to supply
worker who are Belarusian nationals to act for and under the control of other persons by temporary
employment contracts;

- Community companies or Belarusian subsidiaries or branches of Community companies to supplv
workers who are nationals of the Member States to act for and under the control of other persons by
temporary employment contracts.

**20** **Jf**

**TITLE** **V:** **Current payments and capital**

**Article 33**

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

**2.** **With regard to transactions on the** **capital** **account of balance** of payments, from entry into force of
**the Agreement the free movement of capital relating to direct** investments made **in** companies
**formed in accordance with the laws of the host country and** investments made in accordance with
**the provisions of Chapter** **II** **of Title IV, and the** liquidation or repatriation of these investments
**and of any profit stemming therefrom shall be ensured.**

**3.** **Without prejudice to Paragraph** 2 **or to Paragraph** 5, as from entry into force of this Agreement, no
new foreign exchange restrictions on the movement of capital and current payments connected
therewith between residents of the Community and the Republic of Belarus shall be introduced and
the existing arrangements shall not become more restrictive.

4. The Parties shall consult each other with a view to facilitate the movement of forms of capital other
than those referred to in paragraph 2 between the Community and the Republic of Belarus, in order
to promote the objectives of the present Agreement.

5. With reference to the provisions of this Article, until a full convertibility of the Belarusian currency
within the meaning of Article **VIII** of the articles of agreement of the International Monetary Fund is
introduced, the Republic of Belarus may in exceptional circumstances apply exchange restrictions
connected with the granting or taking up of short and medium-term financial credits to the extent that
such restrictions are imposed on the Republic of Belarus for the granting of such credits and are
permitted according to the Republic of Belarus's status under the IMF.

The Republic of Belarus shall apply these restrictions in a non-discriminatory manner. They shall be
applied in such a manner as to cause the least possible disruption to this Agreement. The Republic
of Belarus shall inform the Cooperation Council promptly of the introduction of such measures and
of any changes therein.

6. Without prejudice to paragraph 1 and 2, where, in exceptional circumstances, movements of capital
between the Community and the Belarus cause, or threaten to cause, serious difficulties for the
operation of exchange rate policy or monetary policy in the Community or Belarus, the Community
and Belarus, respectively, may take safeguard measures with regard to movements of capital between
the Community and Belarus for a period not exceeding six months if such measures are strictly

necessary.

_**~^~**_

**21**

**TITLE VI:**

**COMPETITION. INTELLECTUAL. INDUSTRIAL AND COMMERCIAL**

**PROPERTY PROTECTION AND LEGISLATIVE COOPERATION**

**Article 34**

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

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

2. **1** The **Parties shall ensure that** they have and enforce laws addressing restrictions on competition
by enterprises within their jurisdiction.

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

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

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

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

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

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

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

5. The above provisions in no way affect the Parties' rights to apply adequate measures, notably those
referred to in Article 14, in order to address distortions of trade in goods or services.

**Article 34a**

**1.** **Pursuant to the provisions of** **this** **Article and of Annex VIII, Belarus shall continue to improve the**
**protection of intellectual, industrial and commercial property** **rights** **in order to provide,** by the **end** of
**the fifth year after the entry into force of the Agreement for a level of protection similar to that**
**existing in the Community, including effective means of enforcing such rights.**

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

Article 35

**1.** **The** **Parties** recognize **that an** important condition for strengthening the economic links between the
Republic of Belarus and the Community is the approximation of the Republic of Belarus'existing
and future legislation to that ofthe Community. The Republic of Belarus shall endeavour to ensure
that its legislation will be gradually made compatible with that ofthe Community.

2. The approximation of laws shall extend to the following areas in particular: customs law,
company law, banking law, company accounts and taxes, intellectual property, general and
professional education, protection of workers at the workplace, financial services, rules on
competition, public procurement, protection of health and life of humans, animals and plants, the
environment, consumer protection, indirect taxation, technical rules and standards, nuclear laws and
regulations, rules regulating the movement and use of gold and silver, and transport.

3 The Community shall provide the Republic of Belarus with technical assistance for the
implementation of these measures, which may include i.e.:

   - the exchange of experts,

   - the provisions of early information specially on relevant legislation,

   - organization of seminars,

    - training activities,

   - aid for translation of Community legislation in the relevant sectors.

**23**

**TITLE** **VII:** **ECONOMIC COOPERATION**

**Article 36**

**1.** **The Community and the Republic of Belarus** **shall establish economic cooperation aimed at**
**contributing to the process of economic reform and recovery and sustainable development of the**
**Republic of Belarus. Such cooperation shall strengthen existing economic links, to the benefit of both**
**parties.**

**2.** **Policies and other measures will be designed to bring about economic and social reforms and**
**restructuring in the Republic of Belarus and will be guided by the requirements of sustainability and**
**harmonious social development; they will also fully incorporate environmental considerations.**

**3.** **To this end the cooperation will concentrate on industrial** **cooperation,** **investment promotion and**
**protection,** **public procurement, standards and** conformity assessment, mining and raw materials,
**science and technology, education and training, agriculture and** the **agro-industrial** sector, energy,
**environment, transport, telecommunications, financial services,** money laundering, monetary policy,
regional development, social cooperation, tourism, **small and** medium sized entreprises, information
and communication, consumer protection, customs, statistical cooperation, economics and drugs."

4. Where appropriate, economic cooperation and other forms of cooperation provided for in this
Agreement may be supported by technical assistance from the Community, taking into account
the Community's relevant Council regulation applicable to technical assistance in the Independent
States, the priorities agreed upon in the indicative programme related to European Community
technical assistance to the Republic of Belarus and its established co-ordination and implementation
procedures. Special attention shall be devoted to measures capable of fostering cooperation between
the Independent States with a view to stimulating a harmonious development ofthe region.

5. The Cooperation Council shall make recommendations as to the development of cooperation in fields
identified in paragraph 3 of this Article.

Article 37

Industrial cooperation

1. Cooperation shall aim at promoting the following in particular:

the development of business links between economic operators of both sides ;

Community participation in the Republic of Belarus' efforts to restructure its industry;
the improvement of management;
the development of appropriate commercial rules and practices;
environmental protection.
adaptation ofthe structure of industrial production to the standards of an advanced market economy;
the conversion ofthe military-industrial complex.

2. The provisions of this article shall not affect the enforcement of Community competition rules
applicable to undertakings.

**24**

**Article 38**

**Investment promotion and protection**

**1.** **Bearing in mind the respective powers and competences** **ofthe** **Community and the Member States,**
**cooperation shall aim to establish a favourable climate for private** **investment,** **both domestic and**
**foreign,** **especially through better conditions for investment** **protection,** **the transfer of capital and the**
**exchange of information on investment opportunities.**

**2.** **The particular aims of cooperation shall be:**

**- the** **conclusion,** **where appropriate, between the Member** States and the Republic of
**Belarus, of agreements for the promotion and protection of** investment;

    - the conclusion, where appropriate, between the Member States and the Republic of
Belarus, of agreements to avoid double taxation;

     - the creation of favourable conditions for attracting foreign investments into the
Belarusian economy;

     - to establish stable and adequate business law and conditions, and to exchange
information on laws, regulations and administrative practices in the field of
investment;

    - to exchange information on investment opportunities in the form of inter alia trade

fairs, exhibitions, trade weeks and other events.

Article 39

Public Procurement

The Parties shall co-operate to develop conditions for open and competitive award of contracts for goods
and services in particular through calls for tenders.

Article 40

Cooperation in the field of standards and conformity assessment

1. Cooperation between the Parties shall promote alignment with internationally agreed criteria, principles
and guidelines followed **in** the field of quality. The required actions will facilitate progress towards
mutual recognition in the field of conformity assessment, as well as the improvement of Belarusian
product quality.

2. To this end they shall seek:

to promote appropriate cooperation between organisations and institutions specialised in these fields;
to promote the use of Community technical regulations and the application of European standards
and conformity assessment procedures;
to permit the sharing of experience and technical information in the field of quality management.]

**25**

**Article 41**

**Mining and raw materials**

**1.** **The Parties shall aim at increasing investment and trade in mining arid raw materials.**

**2.** **The cooperation shall focus in particular on the following areas:**

**exchange of information on the prospects** **ofthe** **mining and non-ferrous metals sectors,**
**the establishment of a legal** **framework** **for cooperation,**
**trade matters,**
**the adoption and implementation of environmental** **legislation,**
**training.**
**the development of legislative** and other measures in **the field** of environmental protection
safety in the **mining** industry

Article 42

Cooperation in science and technology

1. The Parties shall promote cooperation in civil scientific research and technological development
(RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate
access to their respective programmes and subject to appropriate levels of effective protection of
intellectual, industrial and commercial property rights (IPR).

2. Science and technology cooperation shall cover:

the exchange of scientific and technical information;
joint RTD activities;

training activities and mobility programmes for scientists, researchers and technicians engaged

in RTD in both sides.

Where such cooperation takes the form of activities involving education and/or training, it should be
carried out in accordance with the provisions of article 48.

The Parties, on the basis of mutual agreement, can engage in other forms of cooperation in science
and technology.

In carrying out such cooperation activities, special attention shall be devoted to the redeployment of
scientists, engineers, researchers and technicians which are or have been engaged in research on/and
production of weapons of mass destruction.

3. The Cooperation covered by this article shall be implemented according to specific arrangements to
be. negotiated and concluded in accordance with the procedures adopted by each party, and which
shall set out, inter alia, appropriate IPR provisions.

Article 43

Education and training

1. The Parties shall co-operate with the aim of raising the level of general education and professional
qualifications in the Republic of Belarus, both in the public and private sectors.

2. The cooperation shall focus in particular on the following areas:

updating higher education and training systems in the Republic of Belarus;

**c** **•••'>'•-**

**the training** of public and private sector executives and civil servants in priority areas to be
**determined;**
**cooperation** between educational establishments and between educational establishments **and**
**firms;**
**mobility for** teachers, graduates, administrators young scientists and researchers and young
**people;**
**promoting teaching** **in** **the** **field** **of European Studies** within **the** appropriate institutions;
**teaching Community languages;**
**training journalists;**
**postgraduate** training **in** conference interpretation;
**training of trainers.**

3. The possible participation of one Party in the respective programmes in the field of education and
training **of the** other Party could be considered **in** accordance with their respective procedures and,
where appropriate, institutional frameworks and plans of cooperation will then be established
building on participation ofthe Republic of Belarus in the Community's TEMPUS programme.

Article 44

Agriculture and the agro-industrial sector

The purpose of cooperation in this area shall be the pursuance of agrarian reform; the modernisation,
privatisation and restructuring of agriculture, the agro-industrial and services sectors in the Republic of
Belarus; and the development of domestic and foreign markets for Belarusian products, in conditions that
ensure the protection ofthe environment, and taking into account the necessity to improve security of food
supply. The Parties shall also aim at the gradual approximation of Belarusian standards to Community
technical regulations concerning industrial and agricultural food products including sanitary and
phytosanitary standards.

Article 45

Energy

1. Cooperation shall take place within the principles ofthe market economy and the European Energy
Charter against a background ofthe progressive integration ofthe energy markets in Europe.

The cooperation shall include among others die following areas:

the environmental impact of energy production supply and consumption, in order to minimise
the environmental damage resulting from these activities;
improvement ofthe quality and security of energy supply including diversification of suppliers,
in an economic and environmentally sound manner;
formulation of energy policy;
improvement in management and regulation ofthe energy sector in line with a market economy;
the introduction of the range of institutional, legal, fiscal and other conditions necessary to
encourage increased energy trade and investment;
promotion of energy saving and energy effectiveness;
modernisation, development and diversification of energy infrastructure;
improvement of energy technologies in supply and end use across the range of energy t>pes;
management and technical training in the energy sector.

**27**

**Article 46**

**Environment**

**Bearing in mind the European Energy Charter and the Declaration of** **the** **Luzern Conference 1993,**
**the Parties shall develop and strengthen their cooperation in the broad field of environmental**
**protection,** **including disaster planning and other emergency situations as well as to address the**
**consequences** **ofthe** **Chernobyl disaster.**

**Cooperation shall aim at combating the deterioration** **ofthe** **environment and in particular :**

**- effective monitoring of pollution levels and assessment of environment; system of**
**information on the state** **ofthe** **environment;**

**- combatting local, regional and transboundary air and water pollution;**

   - ecological restoration;

   - sustainable, efficient and environmentally effective production **and** use of energy; safety
of industrial plants;

   - classification and safe handling of chemicals;

   - water quality;

   - waste reduction, recycling and safe disposal, implementation ofthe Basle Convention;

   - the environmental impact of agriculture, soil erosion, and chemical pollution;

   - the protection of forests;

   - the conservation of biodiversity, protected areas and sustainable use and management
of biological resources;

   - land-use planning, including construction and urban planning;

   - use of economic and fiscal instruments;

   - global climate change;

   - environmental education and awareness;

   - implementation ofthe Espoo Convention on Environmental Impact Assessment in a
transboundary context.

Cooperation shall take place particularly through :

   - planning for the handling of disasters and other emergency situations;

   - exchange of information and experts, including information and experts dealing with the
transfer of clean technologies and the safe and environmentally sound use of
biotechnologies;

   - joint research activities;

   - improvement of laws towards Community standards;

   - cooperation at regional level, including cooperation within the framework ofthe European
Environment Agency, and at international level;

   - development of strategies, particularly with regard to global and climatic issues and also
in view of achieving sustainable development;

   - environmental impact studies.

Article 47

Transport

1. The Parties shall develop and strengthen their cooperation in the field of transport.

2. This cooperation shall, inter alia, aim at restructuring and modernising transport systems and networks
in the Republic of Belarus and developing and ensuring, where appropriate, compatibility of
transportation systems in the context of achieving a more global transport system.

**28** **. - • ' - ' • •**

**The cooperation shall include, inter alia :**

**- the modernising of management and operations of road** **transport,** **railways, ports and airports**

**- modernisation and development of railways, waterways,** **road,** **port,** **airport and air navigation**
**infrastructure including the modernisation of major routes of common interest and the trans-**
**European links for** **the** **above modes;**

**- promotion and development of multi-modal transport;**

**- the promotion of joint research and development programmes;**

**- preparation** **ofthe** **legislative and** **institutional** **framework** **for** policy development and
**implementation including privatisation** **ofthe** **transport** sector.

3. **The Parties agree to promote,** through technical assistance, the improvement of conditions, the
**reduction of waiting times and the** easing **of transit at** the border crossings on the Belarusian sections ofthe
**multimodal Crete corridors n° 2 and n° 9.**

**Such technical** assistance **could** consist of appropriate training schemes as well as studies of necessary
infrastructure, administrative, organisational and personnel requirements.

The Parties agree to adhere to the norms set by international agreements ofthe European Union to secure
interoperability.

4. For the purpose of establishing favourable conditions for rail transport between die Parties, it is agreed
that both Parties will, in the framework of this Agreement and through appropriate bilateral and
multilateral mechanisms, promote:

- the facilitation of customs and other border clearance procedures for freight and for rolling stock;

- cooperation in the creation of suitable rolling stock meeting the requirements of international traffic;

- the approximation of regulations and procedures which govern international transport;

- the development of international passenger traffic between the Member States and Belarus.

Article 48

Postal Services and Telecommunications

Within their respective powers and competences the Parties shall expand and strengthen cooperation
in the following areas:

the establishment of policies and guidelines for the development ofthe telecommunications sector and
postal services;
development of principles of a tariff policy and marketing in telecommunications and postal services;
encourage the development of projects for telecommunications and postal services and attracting
investment;
enhancing efficiency and quality ofthe provision of telecommunications and postal services, amongst
others through liberalization of activities of sub-sectors;
advanced application of telecommunications, notably in the area of electronic funds transfer;
management of telecommunications networks and their "optimization";
an appropriate regulatory basis for the provision of telecommunications and postal services and for
the use of a radio frequency spectrum;
training in the field of telecommunications and postal services for operations in market conditions.

**29**

**Article 49**

Financial Services

**Cooperation** **shall in particular aim at facilitating the involvement** **ofthe** **Republic of** **Belarus** **in universally**
**accepted systems of mutual settlements. Technical assistance shall focus on:**

**the development of banking and financial services, the development of common market of credit**
**resources, the involvement of the Republic of Belarus in universally** accepted **systems of mutual**
settlements;

the development ofthe fiscal system, fiscal institutions in the Republic of Belarus and the exchange of
experience **and** personnel training on fiscal matters;

the development of insurance services, which would inter alia create **a** favourable framework for the
Community's companies' participation in the establishment of joint ventures in the insurance sector in
the Republic of Belarus, as well as the development of export credit insurance.

This cooperation shall in particular contribute to foster the development of relations between the Republic
of Belarus and the EC Member States in the financial services sector.

Article 49a

Monetary policy.

At the request of the Belarusian monetary policy authorities, the Community shall provide technical
assistance designed to support the efforts of Belarus towards the strengthening of its own monetary
system, achieving the eventual convertibility of its currency and the gradual adjustment of its policies to
those of the European Monetary System. This will include informal exchange of views concerning the
principles and the functioning ofthe European Monetary System.

Article 50

Money laundering

1. The Parties agree on the necessity of making efforts and co-operating in order to prevent the use of
their financial systems for laundering of proceeds from criminal activities in general and drug offences
in particular.

2. Cooperation in this area shall include administrative and technical assistance with the purpose of
establishing suitable standards against money laundering equivalent to those adopted by the
Community and international fora in this field, including the Financial Action Task Force (FATF).

Article 51

Regional development

1. The Parties shall strengthen cooperation on regional development and land-use planning.

2. To this end, they shall encourage exchange of information by national, regional and local authorities on
regional and land-use planning policy and on methods of formulation of regional policies with special
emphasis on the development of disadvantaged areas.

They shall also encourage direct contacts between the respective regions and public organizations

responsible for regional development planning with the aim, inter alia, to exchange methods and ways
of fostering regional development.

Article 52

Social cooperation

1. With regard to health and safety, the parties shall develop cooperation between them with the aim of
improving the level of protection ofthe health and safety of workers.

The cooperation shall include notably:

education and training on health and safety, issues with specific attention to high risk
sectors of activity;
development and promotion of preventive measures to combat work related diseases
and other work related ailments;
prevention of major accident hazards and the management of toxic chemicals;

research to develop the knowledge base in relation to working environment and the
health and safety of workers.

2. With regard to employment, the cooperation shall include notably technical assistance to:

optimization of the labour market;
modernisation ofthe job-finding and consulting services;
planning and management ofthe restructuring programmes;
encouragement of local employment development;
exchange of information on the programmes of flexible employment, including those
stimulating self-employment and promoting entrepreneurship.

3. The Parties shall pay special attention to cooperation in the sphere of social protection which, inter
alia, shall include cooperation in planning and implementing social protection reforms in the Republic
of Belarus.

These reforms shall aim to develop in the Republic of Belarus methods of protection intrinsic to
market economies and shall comprise all directions of social protection.

Article 53

Tourism

The Parties shall increase and develop cooperation between them, which shall include:

facilitating the tourist trade;
increasing the flow of information;
transferring know-how;
studying the opportunities for joint operations.
cooperation between official tourism bodies.

Article 54

Small and medium-sized enterprises

1. The Parties shall create conditions for developing, strengthening and supporting small and mediumsized enterprises and cooperation between SMEs in the Community and the Republic of Belarus.

2. Cooperation shall include technical assistance, in particular in the following areas:

**31**
_**/**_
**» .**

**the development of a legislative** **framework** **for SMEs;**
**the development of an appropriate infrastructure (an agency to support SMEs, communications,**

**assistance to the creation of a fund for SMEs);**
**the development of technology parks.**

**Article 55**

Information and communication

The Parties shall support the development of modern methods of information handling, including the
media, and stimulate the effective mutual exchange of information. Priority shall be given **to** programmes
aimed at providing the general public with basic information about the Community, including, where
possible, access to Community databases in full respect of intellectual property rights.

Article 56

Consumer Protection

The Parties will enter into close cooperation aimed at achieving compatibility between their systems of
consumer protection. This cooperation may include the exchange of information on legislative work
and institutional reform, the establishment of permanent systems of mutual information on dangerous
products, the improvement of information provided to consumers especially on prices, characteristics
of products and services offered, the development of exchanges between the consumer interest
representatives, increasing the compatibility of consumer protection policies and the organization of
seminars and training periods.

Article 57

Customs

1. The aim of cooperation shall be to guarantee compliance with all the provisions scheduled for
adoption in connection with trade and fair trade and to achieve the approximation of Belarus's
customs system to that ofthe Community.

2. Cooperation shall include the following in particular:

the exchange of information;
the improvement of working methods;
the introduction of the Combined Nomenclature and the single administrative document;
' the interconnection between the transit systems ofthe Community and Belarus;
the simplification of inspections and formalities in respect ofthe carriage of goods;
the support in the introduction of modern customs information systems;
the organization of seminars and training periods.

Technical assistance shall be provided where necessary.

Without prejudice to further cooperation foreseen in this Agreement and in particular Article 60, the
mutual assistance between administrative authorities in customs matters of the Parties shall take
place in accordance with the provisions ofthe Protocol attached to this Agreement.

Article 58

Statistical cooperation

_**sr**_

_**32**_ _**•/**_
_**,**_ _**y**_

**Cooperation** **in this area shall have as its aim the development of an efficient statistical** system **to**
**provide the reliable statistics needed to support and monitor the process of economic reform and**
**contribute to the development of private enterprise** **in** **the Republic of Belarus.**

**The Parties, shall cooperate in particular, in the following fields:**
**adaptation** **ofthe** **Belarusian statistical system to international** **methods,** **standards and classification;**
**exchange of statistical information;**
**provision of necessary statistical macro and microeconomic information to implement and** manage
economic **reforms.**

**To this end the Community** **shall** **contribute by rendering** technical assistance to the Republic of

Belarus.

Article 59

Economics

The Parties shall facilitate the process of economic reform and the co-ordination of economic policies bv
co-operating to improve understanding ofthe fundamentals of their respective economies and the design
and implementation of economic policy in market economies. To this end the Parties shall exchange
information on macro economic performance and prospects.

The Community shall provide technical assistance so as to:

assist the Republic of Belarus in the process of economic reform by providing expert advisory and
technical assistance,

encourage cooperation among economists in order to expedite the transfer of know-how for the
drafting of economic policies, and provide for wide dissemination of policy-relevant research.

Article 60

Drugs

Within the framework of their respective powers and competences, the Parties shall co-operate in
increasing the effectiveness and efficiency of policies and measures to counter the illicit production, supply
and traffic of narcotic drugs and psychotropic substances, including the prevention of diversion of
precursor chemicals, as well as in promoting drug demand prevention and reduction. The cooperation in
this area shall be based on mutual consultation and close co-ordination between the Parties over the
objectives and measures on the various drug-related fields.

Article 60a

Nuclear smuggling

The Parties agree on the necessity to make efforts to cooperate, within the framework of their respective
powers and competences, in order to combat nuclear smuggling. Co-operation in this area should include
exchange of information, technical support for analysing and identifying the material, administrative and
technical assistance for the insallation of efficient customs controls. Further cooperation in this field could
be identified as need arises.

**33** _**/**_ _**y**_ _**/^**_

**TITLE** **VII:** **CULTURAL** **COOPERATION**

**Article 61**

**The Parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate,**
**the Community's cultural cooperation programmes or those of one or more** **Member.States** **may be**
**the subject of cooperation and further activities of mutual interest may be developed.**

**34** **, - > > ^ ^ _ .**

**TITLE Vffl: FINANCIAL COOPERATION**

**Article 62**

**In order to achieve the objectives of** **this** **Agreement and in accordance with Articles 63, 64 and 65 the**
**Republic of Belarus shall benefit from temporary financial assistance from the Community by** way of
**technical** assistance **in the form of grants to accelerate the** economic transformation of the Republic of
**Belarus.**

Article 63

This financial assistance shall **be** covered within the framework of TACIS as foreseen in the
Community's relevant Council Regulation.

Article 64

The objectives and the areas ofthe Community's financial assistance shall be laid down in an indicative
programme reflecting established priorities to be agreed between the two Parties taking into account the
Republic of Belarus's needs, sectoral absorption capacities and progress with reform. The Parties shall
inform the Cooperation Council thereof.

Article 65

In order to permit optimum use of the resources available, the Parties shall ensure that Community's
technical assistance contributions are made in close co-ordination with those from other sources such

as the Member States, other countries, and international organisations such as the International Bank
for Reconstruction and Development and the European Bank for Reconstruction and Development as well
as the United Nations Development Programme (UNDP) and the IMF.

**35** _**y**_ _**•'/**_

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

**Article 66**

**A Cooperation Council is hereby established which shall supervise the implementation of this Agreement.**
**It shall meet at ministerial level once a year. It shall examine any major issues arising within the**
**framework of the Agreement and any other bilateral or international issues of mutual interest for the**
**purpose** **of attaining the** objectives **of this Agreement. The** Cooperation Council may also make
**appropriate recommendations, by agreement between the two Parties.**

Article 67

1. The Cooperation Council shall consist of the members of the Council of the European Communities
**and** members of the Commission of **the** European Communities, **on** the one hand, **and** of members
ofthe Government of the Republic of Belarus, **on** the other.

2. The Cooperation Council shall establish its rules of procedure.

3. The office of President of the Cooperation Council shall be held alternately by a representative of
the Community and by a member ofthe Government ofthe Republic of Belarus.

Article 68

1. The Cooperation Council shall be assisted in the performance of its duties by a Cooperation
Committee composed of representatives of the members of the Council of the European
Communities and of members of the Commission of the European Communities on the one hand
and of representatives of the Government of the Republic of Belarus on the other, normally at
senior civil servant level. The office of President of the Cooperation Committee shall be held
alternately by the Community and by the Republic of Belarus.

In its rules of procedure the Cooperation Council shall determine the duties of the Cooperation
Committee, which shall include the preparation of meetings of the Cooperation Council, and how
the Committee shall function.

2. The Cooperation Council may delegate any of its powers to the Cooperation Committee, which
will ensure continuity between meetings of the Cooperation Council.

Article 69

The Cooperation Council may decide to set up any other special committee or body that can assist it in
carrying out its duties and shall determine the composition and duties of such committees or bodies and
how they shall function.

Article 69a

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

Article 70

A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members of the
Belarusian Parliament and the European Parliament to meet and exchange views. It shall meet at intervals
which it shall itself determine.

36 _,C-_

**Article** **71**

**1.** **The Parliamentary Cooperation Committee shall consist of members** **ofthe** **European** **Parliament,** **on**
**the one** **hand,** **and of members** **ofthe** **Belarusian Parliament, on the other.**

**2.** **The Parliamentary Cooperation Committee shall establish its rules** **of** **procedure.**

**3.** **The Parliamentary Cooperation Committee shall be presided in turn by the European Parliament and**
**the Belarusian Parliament respectively, in accordance with the provisions to be laid down in** its
**rules of procedure.**

**Article 72**

**The Parliamentary** **Cooperation** **Committee may request relevant information** **regarding the**
**implementation of this Agreement from the** **Cooperation Council,** which shall then supply the
Committee with **the** requested information.

The Parliamentary Cooperation Committee shall be informed of the recommendations of the
Cooperation Council.

The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.

Article 73

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
Belarus;
agree that where a dispute is submitted to arbitration, each Party to the dispute may, except where the
rules of the arbitration centre chosen by the Parties provide otherwise, choose its own arbitrator,
irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a
citizen of **a** third state;
will recommend their economic operators to choose by mutual consent the law applicable to their

contracts;
shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on
International Trade Law (Uncitral) and to arbitration by any centre of a state signatory to the
Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10th
June 1958.

Article 74

Nothing in die 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;

**37** **X,<X%**

**(c)** **which it considers essential to its own security in the event of serious internal disturbances affecting**
**the maintenance of law and order, in time of war or serious international tension constituting threat of**
**war or in order to carry out obligations it has accepted for the purpose of maintaining peace and**
**international security.**

**(d)** **which it considers necessary to respect its** international obligations **and** commitments **in the** control of
**dual use industrial goods and** technology.

Article 75

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

the arrangements applied by the Republic of Belarus in respect ofthe 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 ofthe Republic of Belarus shall not give rise
to any discrimination between Belarusian nationals, or its companies or firms.

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

Article 75a

1. Each ofthe two Parties may refer to the Cooperation Council any dispute relating to the application or
interpretation of this Agreement.

2. The Cooperation Council may settle the dispute by means of a recommendation.

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

The Cooperation Council shall appoint a third conciliator.

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

Article 75b

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 13, 13 bis, 75a
and 76a.

Article 75c

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

**r^~** **38** _**i/y**_ _**-**_ _**• ''"'**_

Article **75d**

**For** **the purposes of this** **Agreement,** **the term** **"Parties"** **shall mean the Repubhc of Belarus on the one part,**
**and the Community, or the Member States, or the Commumty and the Member States, in** accordance with
their respective powers, on the other part.

Article 75e

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

Article 76

This Agreement is concluded for an initial period of 10 years. The Agreement shall be automatically
renewed year by year provided that neither Party gives the other Party written notice of denunciation of
the Agreement six months before it expires.

Article 76a

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 Cooperation Council 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 Cooperation Council if the other
Party so requests.

Article 77

Annexes I, II, III, IV, V, VI, VII, and VIII together with the Protocol on mutual assistance between
Administrative Authorities in Customs Matters shall form an integral part of this Agreement.

Article 78

This Agreement shall not, until equivalent rights for individuals and economic operators have been
achieved hereunder, affect rights assured to them through existing Agreements binding one or more
Member States on the one hand and the Republic of Belarus on the other except in areas falling within
Community competence and without prejudice to the obligations of Member States resulting from this
Agreement in areas falling within their competence.

Article 79

This Agreement shall apply, on the one hand, to the territories in which the treaties establishing the
European Economic 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 ofthe Republic of Belarus.

Article 79a

The Secretary-General ofthe Council ofthe European Union shall be the depository of this Agreement.

**Article 80**

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

**Article 81**

**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 Belarus and the Community are**
**concerned,** **this Agreement shall replace 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.**

Article 82

In the event that, pending the completion of the procedures necessary for the entry into force of this
Agreement, the provisions of certain parts of this Agreement are put into effect in 1994 by means of an
interim agreement between the Community and Belarus, the Contracting Parties agree that, in such
circumstances, the term "date of entry into force ofthe Agreement" shall mean the date of entry into force
ofthe interim Agreement.

**40** _._ _<_ _•_ _'_ _<_

Annex I

Annex II

Annex **III**

Annex IV

Annex V

Annex VI

Annex VII

Annex **VIII**

**LIST OF DOCUMENTS ATTACHED**

**Indicative list of advantages** granted by the Republic of Belarus to the Independent
**States in** **accordance** **with Article 8(3)**

Exceptional measures which derogate from the provisions of Article 11

Community reservations in accordance with Article 22(1 )(b)

Belarusian reservations in accordance with Article 22(2)(a)

Financial Services definitions (Article 25)

List of services for which the Parties shall grant MFN treatment in accordance with
art 28

Provisions in relation to Articles 28 and 30

Intellectual, industrial and commercial property' rights conventions referred to in
Article 34a(2)

Protocol on mutual assistance between administrative authorities in customs matters.

41 **-.;.**

**ANNEX I**

**Indicative list of advantages granted by the Republic of Belarus to the Independent States in accordance**
**with Article 8(3).**

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

**No import duties are implemented.**

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

No VAT is applied on export and import. No excise is applied on export.

Armenia, Azerbaijan, Moldova, Georgia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan,
Ukraine, Uzbekistan: export quotas for deliveries of products under annual interstate trade and
cooperation agreements are opened in the same way as for deliveries for state needs.

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

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

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

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

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

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

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

_**y**_ _***~**_ _**s**_
**42** _**A**_ _**y.<>'**_ **- .**

_•/••'_ _•_

ANNEX II

Exceptional measures which derogate from the provisions of Article 11

1. Exceptional measures which derogate from the provisions of Article 11 may be taken by the Republic
of Belarus in the form of quantitative restrictions on a non-discriminatory basis.

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

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

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

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

5. The Republic of Belarus shall inform the Cooperation Council of any measures it intends to take under
the terms of this Annex, and, at the request ofthe Community, consultations shall be held in die
Cooperation Council on such measures and the sectors to which they apply before they enter into
force.

**43** **/ /**

**ANNEX HI**

**Community reservations in accordance with Article** **22(l)(b)**

**Mining**

**In some Member States, a concession may be required for mining and mineral** **rights** **for non-EC controlled**
**companies.**

**Fishing**

**Access to and use** **ofthe** **biological resources and fishing grounds situated in the maritime waters coming**
**under the** **sovereignty** **or within the jurisdiction of Member States** **ofthe** **Community is restricted to** fishing
**vessels flying the flag of a Community Member State and registered in Community territory unless**
**otherwise provided for.**

Real estate purchase

In some Member States, the purchase of real estate by non-EC companies is subject to restrictions.

Audiovisual services including radio

**National treatment concerning production and distribution,** including broadcasting and other forms of
transmission **to** the public, may be reserved to audiovisual works meeting certain origin criteria.

Telecommunications services including mobile and satellite services

Reserved services

In some Member States market access concerning complementary services and infrastructures is restricted.

Professional services

Services reserved to natural persons nationals of Member States. Under certain conditions those persons
may create companies.

Agriculture

In some Member States national treatment is not applicable to non-EC controlled companies which wish to
undertake an agricultural enterprise. The acquisition of vineyards by non-EC controlled companies is
subject to notification, or, as necessary, authorization.

News agency services

In some Member States limitations of foreign participation in publishing companies and broadcasting
companies.

**44** _**y-s***_

**ANNEX IV**

**Belarusian reservations in accordance with Article** 22(2)(a)

**The Republic of Belarus reserves the right to maintain limited exceptions to** **national** **treatment,** as
**provided in Article 22, paragraph 2 (a), in the sectors or matters indicated** below:

   - Ownership of insurance companies **for** **foreigners** **is limited to** **49%** ofthe capital

   - Electric, power stations connected to **the** United Energy System

   - Ownership of land; exploration and exploitation of natural resources; ownership of real property:

Community companies established in the territory of Belarus shall have, from entry into force of
this Agreement, the right to acquire, use rent and sell real property, and as regards natural
resources, agricultural land and forestry, the right to lease, where these are directly necessary for
the conduct ofthe economic activities for which they are established. This right does not include
the right of establishment for the purposes of dealing and agency in the area of real estate and
natural resources.

   - Acquisition of state and municipal property in the course of denationalization and privatization

   - Special licensing requirement for dealership in Government securities of die Republic of Belarus

   - Specific licensing for the provision of common carrier, telephone, and telegraph network services

   - Ownership and specific licensing for operation of broadcast or common carrier, radio, and television
stations

   - Customhouse brokers

   - Detective and security services

These reservations shall apply during a transitional period not exceeding five years from the date of entry
into force of this Agreement. They shall be applied on a non discriminatory basis.

**45** _**y**_ _**y<--**_ **-**

**ANNEX V**

**FINANCIAL SERVICES:** **DEFINITIONS (Article** **25)**

**A financial service is any service of a** **financial** **nature offered by a financial service provider of a party.**
**Financial services include the following activities:**

**A. All insurance and insurance-related** services;

1. Direct insurance (including co-insurance),

(i) life

(ii) non-life

2. Reinsurance and retrocession.

3. Insurance intermediation, such as brokerage and agency.

4. Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and
claim settlement services.

B. Banking and other financial services (excluding insurance).

1. Acceptance of deposits and other repayable funds from the public.

2. Lending of all types, including, inter-alia, consumer credit, mortgage credit, factoring and
financing of commercial transaction.

3. financial leasing.

4. All payment and money transmission services, including credit charge and debit cards,
travellers cheques and bankers drafts.

5. Guarantees and commitments.

6. Trading for own account or for the account of customers, whether on an exchange, in an
over the counter market or otherwise, the following:

(a) money market instruments (cheques, bills, certificates of deposits, etc.)

(b) foreign exchange

(c) derivative products including, but not limited to, futures and options

(d) exchange rates and interest rate instruments, including products such as swaps,
forward rate agreements, etc.

(e) transferable securities

(f) other negotiable instruments and financial assets, including bullion.

**46** _**y,**_
## **_fy^._**

**7. Participation in issues of all kinds of securities, including under-writing and placement as**
**agent (whether publicly or privately) and provision of services related to such issues.**

**8. Money brokering.**

**9. Asset** **management,** **such as cash or portfolio** **management,** **all forms of collective**
**investment** **management,** **pension fund** **management,** **custodial depository and trust**
**services.**

**10.** **Settlement and clearing services for financial assets, including securities, derivative**
**products, and other negotiable instruments.**

**11.** **Advisory intermediation and other auxiliary** **financial** **services on** **all** **the activities listed in**
**points** **1** **to 10 above, including credit reference and analysis, investment and portfolio**
**research and advice, advice on acquisitions and on corporate restructuring and** strategy.

12. Provision and transfer of financial information, and financial data processing and related
software by providers of other financial services.

Are excluded from the definition of financial services the following activities:

(a) Activities carried out by central banks or by any otiier public institution in pursuit of monetary and
exchange rate policies.

(b) Activities conducted by central banks, government agencies or departments, or public institutions, for
the account or with the guarantee ofthe government, except when those activities may be carried out
by financial service providers in competition with such public entities.

(c) Activities forming part of **a** statutory system of social security or public retirement plans, except when
those activities may be carried out by financial service providers in competition with public entities or
private institutions.

**47** _**X''1>**_

**ANNEX VI**

Cross-border supply **of** services
List of services for which the Parties shall grant **MFN** treatment in accordance with art 28

Sectors to be covered, according to the provisional Central Product Classification (CPC) ofthe United
Nations Organization:

Consultancy services relating to accounting review services: part of CPC 86212 other than "auditing

services"

Consultancy services relating to bookkeeping services CPC 86220
Engineering services CPC 8672
Integrated engineering services CPC 8673
Advisory and Pre-design architectural services CPC 86711
Architectural design services CPC 86712
Urban planning and landscape architectural services CPC 8674

Computer and related services:

Consultancy services related to the installation of computer hardware CPC 841
Software implementation services CPC 842
Data base services CPC 844

Advertising CPC 871
Market research and opimon polling CPC 864
Management consulting services CPC 866
Technical testing and Analysis services CPC 8676
Advisory and consulting services relating to agriculture, hunting and forestry
Advisory and consulting services relating to fishing
Advisory and consulting services relating to mining
Printing and publishing CPC 88442
Convention services

Translation services CPC 87905

Interior design services CPC 87907

Telecommunications:

Value added services including (but not limited to) Electronic Mail, Voice Mail, On-line information and
Data base retrieval, Data processing, EDI, Code and Protocol conversion
Packet and Circuit switched data services

Construction and related engineering services: site investigation work CPC 5111
Franchising CPC 8929
Adult education services by correspondence part of CPC 924
News and press agency services CPC 962
Rental/leasing services without operators related to other transport equipment (CPC 83101 private cars,

83102 goods transport vehicles, 83105) and relating to other machinery and equipment (CPC 83106,
83107,83108,83109)
Commission agents services and wholesale trade services related to import-export trade (part of CPC 621
and 622)
Research and development in software
Reinsurance and retrocession and the services auxiliary to insurance, such as consultancy, actuarial, risk
assessment and claim ijettlement services

Insurance of risks relating to:

**- _** _**//**_ _**'y**_

**- S T " ^** **4 8** _**.<'**_ **---** **•«.**

(i) maritime shipping and commercial aviation and space launching and freight (including satellites),
with such insurance to cover any or all ofthe following: persons being transported, the goods being
exported from or imported to, the same vehicle transporting the goods and any liability arising therefrom;

(ii) goods in international transit.

Data processing services CPC 843
Provision and transfer of financial information and financial data processing (see paragraphs B. 11

and B. 12 of Annex V).

_'ZZT^_ 49 _f-_

**ANNEX VII**

**Provisions in** **relation** **to Article 30**

**Part** **A**

The consultations **shall begin within** thirty days **ofthe** request therefor by the first Party. They shall **be**
**held with a view to reaching agreement either** on:

**withdrawal by the other Party** **ofthe** **measures** which **have resulted in the** significantly more
restrictive situation; **or**

- adjustments ofthe obligations of both Parties; or

- adjustments to be made by the first Party to compensate for the more restrictive situation created by
the other Party.

If agreement is not reached within sixty days ofthe request for consultations made by the first Party, such
first Party may make appropriate compensatory adjustments to its obligations. Such adjustments shall be
made to the extent and for such time as is necessary to take account ofthe significantly more restrictive
situation created by the other Party'. Priority must be given to those measures which least disturb the
functioning ofthe Agreement. The rights which economic operators have acquired under the Agreement at
the time such adjustments are made shall not be affected by the said adjustments.

PartB

Acting in the spirit of partnership and cooperation the Government of Belarus shall inform the
Community, during a transitional period of three years following the signature ofthe Agreement, of
its intentions to submit new legislation or adopt new regulations which may render the conditions for
for cross-border supply of services by Community companies or branches more restrictive than the
situation existing on the day preceding the date of signature ofthe Agreement. The Community may
request Belarus to communicate the drafts of such legislation or regulations and to enter into
consultations about those drafts.

Where new legislation or regulations introduced in Belarus within the transitional period mentioned in
paragraph 1 would result in rendering the conditions for cross-border supply of services by
Community' companies or branches more restrictive than the situation existing on the day of signature
ofthe Agreement, such respective legislation or regulations shall not apply to such companies and
branches, until the expiry of a period of three years from such entry into force.

50 /,

**ANNEX VIII**

**Intellectual,** **industrial and commercial property** **rights** **conventions**
**referred to in Article** **34a(2)**

**1.** **Paragraph 2 of Article 34a 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
ofthe Registration of Marks (Geneva 1977, amended 1979);

Budapest Treaty on the International Recognition ofthe 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).

2. The Cooperation Council may recommend that paragraph, 2 of Article 34a shall apply to other
multilateral conventions. If problems in the area of intellectual, industrial, and commercial property
affecting trading conditions were to occur, urgent consultation shall be undertaken, at the request of
either Party, with a view to reaching mutually satisfactory solutions.

3. The Parties confirm the importance they attach 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 conœrning the International Registration of Marks (Stockholm Act, 1967, and
amended in 1979);

Patent Cooperation Treaty (Washington 1970, amended **and** modified in 1984);

4. From the entry into force of this Agreement the Republic of Belarus shall grant to Community
companies and nationals, in respect ofthe recognition and protection of intellectual, industrial and
commercial property, treatment no less favourable than that granted by it to any third country under
bilateral agreements.

5. The provisions of paragraph 4 shall not apply to advantages granted by the Republic of Belarus to any
third country on an effective reciprocal basis or to advantages granted by the Republic of Belarus to
another country ofthe former USSR.

**PROTOCOL**

**ON MUTUAL ASSISTANCE**

**BETWEEN ADMINISTRATIVE AUTHORITIES**

**IN CUSTOMS MATTERS**

_**52**_ _**..y>C"**_

**ARTICLE 1**

**Definitions**

**For the purposes of this Protocol:**

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

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

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

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

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

ARTICLE 2

Scope

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

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

ARTICLE 3

Assistance on request

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

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

**53** _**y./.**_

**3.** **At the request** **ofthe** **applicant authority, the requested authority shall take the necessary steps to ensure**
**that a surveillance is kept on:**

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

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

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

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

ARTICLE 4

Spontaneous assistance

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

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

new means or methods employed in realizing such operations;

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

ARTICLE 5

Delivery/Notification

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

in order to deliver all documents,

to notify all decisions,

falling within the scope of this Protocol to an addressee, residing or established in its. territory. In such a
case Article 6, point 3 is applicable.

ARTICLE 6

Form and substance of requests for assistance

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

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

**(a) the 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 being the target of
**the** investigations;

**(f)** **a summary** **ofthe** **relevant** facts **and** ofthe enquiries already carried out, except in cases provided for
in Article 5.

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

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

ARTICLE 7

Execution of requests

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

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

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

4. Officials of a Party may, with the agreement ofthe other Party involved and within 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.

_.y-yy._
**55** **"** **:** **>** **>** **^**

**ARTICLE 9**

**Exceptions to the obligation to provide assistance**

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

**(a)** **be likely to prejudice sovereignty, public policy, security or other essential interests; or**

**(b) involve currency** **or** **tax regulations other than regulations concerning customs duties; or**

**(c)** **violate an industrial, commercial or** professional secret.

2. **Where the applicant authority asks for assistance which it would itself be unable to provide if so** asked,
**it shall draw attention to that 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 withheld or denied, the decision and the reasons therefore must be notified to the
applicant authority without delay.

ARTICLE 10

Obligation to observe confidentiality

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

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

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

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

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

ARTICLE 11

Use of information

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

###### **_^P^ *_**

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

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

**ARTICLE 12**

**Experts and** witnesses

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

ARTICLE 13

Assistance expenses

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

ARTICLE 14

Implementation

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

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

ARTICLE 15

Complementarity

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

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

**•v-j~—-r"** **57** **' V ^ ^ ^ L -**

**JOINT DECLARATION CONCERNING ARTICLE 13**

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

**58** _**,y-.y^**_

**JOINT DECLARATION CONCERNING ARTICLE 13bis**

**It is understood that the provisions of Article 13bis are neither intended to, nor shall slow** **down,** **hinder or**
**impede the procedures provided for in the respective legislations** **ofthe** **Parties regarding** **anti-dumping** **and**
**subsidies investigations.**

**59** _**y y**_ _**y^**_

_**•**_ _**:**_ _**y > y -**_ _**-**_

**JOINT DECLARATION CONCERNING ARTICLE 22**

**Without prejudice to the reservations listed in Annexes** **HI and** **IV** **and** **to the provisions of Articles 32b and**
**23e,** **the Parties agree that the words "in conformity with their legislation and regulations" mentioned in**
**paragraphs 1 and 2 of Article 22 mean that each Party may regulate the establishment and operation of**
**companies on its territory, provided that these regulations do not create for the establishment and**
**operations of companies of** **the** **other Party any new reservation resulting in a less favourable treatment**
**than that accorded to their own compames or to companies or branches or subsidiaries of companies of**
**any third country.**

**60**

**JOINT DECLARATION CONCERNING ARTICLES 28 and 28bis**

**The Community declares that the** **cross-border** **supply of services as referred to in Articles 28 and 28bis**
**does not imply the movement of the service supplier into the territory** **ofthe** **country for which the service**
**is** **destined,** **nor** **the movement** **ofthe** **recipient** **ofthe** **service into the territory** **ofthe** **country from which the**
**service comes.**

**61** **-** _**?**_

**JOINT** **DECLARAT7QN** **CONCERNING ARTICLE 28bis**

**The Parties agree that the words** **"pursuant** **to the legislation and regulations applicable in each Party"**
**mean** **that each party may regulate the conditions of cross border supply of services into its territory**
**provided that in so doing it does not result in a less** **favourable** **treatment for the companies of the other**
**Party** **than** **that accorded to companies of any** **third** **country.**

**62**

**TOTNT DECLAE ATION** **CONC™""^** **ARTICLE 32**

**TTie** **sole fact of requiring a visa for natural persons of certain Parties and not for those of** **others** **shall not**
**be** **regarded** **as nullifying or impairing benefits under a specific commitment.**

**/**

**JOINT DECLARATION CONCERNING** **THE** **NOTION OF** **"CONTROL"**
**IN ARTICLE** **24(b>** **AND ARTICLE 32a**

**1.** **The Parties confirm their mutual understanding that the question of control shall depend on the factual**
**circumstances of the particular case.**

**2.** **A company shall, for example, be considered as being "controlled" by another company, and thus a**
**subsidiary of such other company if:**

**the other company holds directly or indirectly a majority** **ofthe** **voting** **rights,** **or**

**the other company has the** **right** **to appoint** or dismiss a majority **ofthe** administrative organ, of the
management organ or **ofthe** supervisory organ and is at the same time **a** shareholder or member of
**the** subsidiary.

3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive.

**64**

**JOINT DECLARATION CONCERNING ARTICLE 34a**

**The Parties agree that for the** **purpose ofthe** **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** **ofthe** **Paris Convention for the protection of Industrial Property**
**and protection of undisclosed information on know-how.**

**65**

**JOINT DECLARATION CONCERNING ARTICLE 76a**

**The Parties agree, for the purpose of its correct interpretation and its practical** **application,** **that the term**
**"cases of special urgency" included in Article 76a** **ofthe** **Agreement mean cases of material breach** **ofthe**
**Agreement by one** **ofthe** **Parties. A material breach** **ofthe** **Agreement consists in**

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

**or**

**(b) violation ofthe essential elements ofthe Agreement** **set** **out in Article 2.**

**66**

**UNILATERAL DECLARATION** **BY** **THE FRENCH GOVERNMENT**

**The French Republic notes that the Partnership and Cooperation Agreement with the Republic of Belarus**
**does not apply to the overseas countries and territories associated with the European Community' pursuant**
**to the Treaty establishing the European Community.**

_**y**_

**EXCHANGE OF LETTERS**

**BETWEEN THE COMMUNITY**

**AND THE REPUBLIC OF BELARUS**

**IN** RELATION **TO** THE ESTABLISHMENT OF COMPANIES

**(>X**

**A. Letter from the Repubhc of Belarus**

**Dear** **Sir,**

**I refer to the Partnership and Cooperation Agreement initialled on** **...„** **1994.**

**As I underlined during the negotiations, the Republic of Belarus grants to Community companies**
**establishing and operating in the Republic of Belarus in certain respects a privileged treatment. I**
**explained that this reflects the Belarusian policy to promote by** **all** **means the establishment of Community**
**companies in the Republic of Belarus.**

With this in mind, it is my understanding that during the period between the date of initialling of this
Agreement and the entry into force ofthe relevant articles on establishment of companies, the Republic of
Belarus shall not adopt measures or regulations which would introduce or worsen discrimination of
Community companies vis-à-vis Belarusian companies or companies from any third country as compared
to the situation existing on the date of initialling of this agreement.

I would be obliged if you could acknowledge receipt of tins letter.

Please accept. Sir, the assurance of my highest consideration.

For the Government of die Republic of Belarus

**B.** **Letter from the Community**

**Dear Sir,**

**Thank you for your letter of today's date, which reads as** follows:

**"I** refer to the Partnership and Cooperation Agreement initialled on 1994.

As I underlined during **the** negotiations, the Republic of Belarus grants to Community companies
establishing and operating in the Republic of Belarus in certain respects a privileged treatment. **I**
explained **that this reflects the Belarusian** policy **to** promote by all means the establishment of
Community companies in the Republic of Belarus.

With this in mind, it is my understanding that during the period between the date of initialling of this
agreement and the entry into force ofthe relevant articles on establishment of companies, the Repub
of Belarus shall not adopt measures or regulations which would introduce or worsen discrimination
Community companies vis-à-vis Belarusian companies or companies from any third country as
compared to the situation existing on the date of initialling of this agreement.

I would be obliged if you could acknowledge receipt of this letter."

I can acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the European Communiti

**70**

**Outside the Agreement:**

**A.** Letter from the Community

**Dear** Sir,

**Exchange of Letters**
**on the consequences of enlargement**

**I refer to the Partnership and Cooperation Agreement** signed **today and** confirm **that** if any amendment to
this Agreement might become necessary as **a result of** **an** **enlargement** ofthe Community, this would
become the subject of consultations between **the** Parties pursuant to Article 82 and in this context account
would be taken, to the extent possible, ofthe character of bilateral trade and economic relations between
the Republic of Belarus and acceding States.

I would be obliged if you could confirm the agreement ofthe Republic of Belarus to the content of this
letter.

B. Letter from the Republic of Belarus

Dear Sir,

Thank you for your letter of today's date, which reads as follows:

"I refer to the Partnership and Cooperation Agreement signed today and confirm that if any amendment to
this Agreement might become necessary as a result of an enlargement ofthe Community, this would
become the subject of consultations between the Parties pursuant to Article 82 and in this context account
would be taken, to the extent possible, ofthe character of bilateral trade and economic relations between
the Republic of Belarus and acceding States.

I would be obliged if you could confirm the agreement ofthe Republic of Belarus to the content of this
letter."

I can acknowledge receipt of this letter and confirm the agreement ofthe Republic of Belarus to its
content.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Republic of Belarus

**71**

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_**it**_ _**ir**_

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COMMISSION EUROPÉENNE

###### **M**

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La présente proposition de décision n'a pas d'implications budgétaires directes

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

#### **COM(95) 44 final**

# **DOCUMENTS**

**E N**
###### **02 11** **Catalogue number : CB-CO-95-063-EN-C** **ISBN 92-77-86097-9**

Office for Official Publications of the European Communities

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