Common use of Complementarity Clause in Contracts

Complementarity. Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and Georgia shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of the one part, and The plenipotentiaries of GEORGIA, Of the other part, Meeting at Luxembourg on the 22.04.1996 for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: The Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion of "control" in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have further taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companies. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. Declaration by the French Government 74 Joint declaration in relation to Article 6 Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "control" in Article 25(b) and Article 36 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 of the voting rights, or - The other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Or

Appears in 2 contracts

Samples: Partnership Agreement, Partnership Agreement

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Complementarity. Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and Georgia the Republic of Azerbaijan shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community Com- munity interest. Final act The plenipotentiaries of: 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 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 hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITYCOMMU- NITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIAthe REPUBLIC OF AZERBAIJAN, Of of the other part, Meeting meeting at Luxembourg on the 22.04.1996 for the signature of the Partnership and Cooperation Co- operation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgiathe Republic of Azerbaijan, of the other part, hereinafter here- inafter referred to as the "Agreement", have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries plenipoten- tiaries of Georgia the Republic of Azerbaijan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration concerning the twelfth recital in the preamble to the Agreement Joint Declaration concerning Article 4 of the Agreement Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion of "control" in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 55 of the Agreement Joint Declaration concerning Article 98 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipoten- tiaries of the Republic of Azerbaijan have further taken note of the Declaration by the French Government on its overseas countries and territories annexed to this Final Act. The plenipotentiaries of Georgia the Member States and of the Community and the plenipoten- tiaries of the Republic of Azerbaijan have further also taken note of the following Exchange of Letters Let- ters annexed to this Final Act: Exchange of Letters between the Community and Georgia the Republic of Azerbaijan in relation rela- tion to the establishment of companies. The plenipotentiaries of Parties confirm that the Member States and of twelfth recital in the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed preamble to this Final ActAgreement does not imply any judgment as to which countries, other than Azerbaijan, energy products should transit. Declaration In reviewing changing circumstances in the Republic of Azerbaijan, as foreseen in Ar- ticle 4, the Parties shall discuss important changes which may have a significant bearing on Azerbaijan's future development. This could include accession by Azerbaijan to the French Government 74 Joint declaration in relation WTO, the Council of Europe or other international bodies or accession to Article 6 any regional customs union or any form of regional integration agreement. Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia the Republic of Azerbaijan accedes to the WTO, the Parties shall hold consultations consulta- tions in the Cooperation Committee on their import tariff policies, including changes in tariff tar- iff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "control" in Article 25(b) and Article 36. 1. The Parties confirm their mutual understanding that the question of control shall depend de- pend on the factual circumstances of the particular case. 2. A company shall, for example, be considered as being "controlled" by another companycom- pany, and thus a subsidiary of such other company if: - The the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the supervisory organ and is at the same time a shareholder share- holder or member of the subsidiary.; 3. Both Parties consider the criteria in paragraph 2 to be non-exhaustive. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical geo- graphical indications, including appellations of origin, trademarks and service marks, topographies to- pographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection pro- tection of undisclosed information on know-how. Joint declaration concerning The provisions of Article 9855(3) shall not require either of the Parties to provide infor- mation of a confidential nature. 1. The Parties agree, for the purpose of its correct interpretation and its practical applicationap- plication, that the term "cases of special urgency" included in Article 98 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Oror

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and Georgia shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIA, Of of the other part, Meeting at meeting in Luxembourg on the 22.04.1996 22 April 1996 for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion notion of "control" control in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have further taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companies. companies The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. : Declaration by the French Government 74 Joint declaration Done at Luxembourg on the twenty-second day of April in relation to Article 6 the year one thousand nine hundred and ninety six. Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "control" in Article 25(b) and Article 36. 1. The Parties confirm their mutual understanding that the question of control shall depend on the factual factural circumstances of the particular case. 2. A company shall, for example, be considered as being "controlled" controlled by another company, and thus a subsidiary of such other company if: - The the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98. 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" urgency included in Article 98 of the Agreement agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in in (a) repudiation of the Agreement not sanctioned by the general rules of international law law, Or (b) violation of the essential elements of the Agreement set out in Article 2. 2. The Parties agree that the .appropriate measures referred to in Article 98 are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency as provided for under Article 98, the other Party may avail itself of the procedure relating to settlement of disputes. A. Letter from the Government of Georgia X. Letter from the European Community

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, any agreements on mutual assistance which have been concluded between one or more Member States and Georgia the Republic of Armenia shall not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITYEuropean Community, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY European Coal and Steel Community and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITYEuropean Atomic Energy Community, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIA, Of the REPUBLIC OF ARMENIA of the other part, Meeting meeting at Luxembourg on the 22.04.1996 twenty-second day of April in the year one thousand nine hundred and ninety-six for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgiathe Republic of Armenia, of the other part, hereinafter referred to as the "Agreement"., have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Armenia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration concerning Article 4 of the Agreement Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion notion of "control" control in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 95 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Armenia have further also taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia the Republic of Armenia in relation to the establishment of companies. companies The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Armenia have also further taken note of the following Declaration annexed to this Final Act. : Declaration by the French Government 74 Joint declaration Done at Luxembourg on the twenty-second day of April in relation the year one thousand nine hundred and ninety-six. In reviewing changing circumstances in the Republic of Armenia, as foreseen in Article 4, the Parties shall discuss important changes which may have a significant bearing on Armenia's future development. This could include accession by Armenia to Article 6 the WTO, the Council of Europe or other international bodies or accession to any regional customs union or any form of regional integration agreement. Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia the Republic of Armenia accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "control" in Article 25(b) and Article 36. 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" controlled by another company, and thus a subsidiary of such other company if: - The the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The sole fact of requiring a visa for natural persons of certain Parties parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment. Joint declaration concerning Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection Protection of Industrial Property and protection Protection of undisclosed information Undisclosed Information on knowKnow-how. Joint declaration concerning Article 98. 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases .cases of special urgency" urgency included in Article 98 95 of the this Agreement means cases of material breach of the this Agreement by one of the Parties. A material breach of the this Agreement consists in (a) repudiation of the this Agreement not sanctioned by the general rules of international law Orlaw, or

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, 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 one individual or more several Member States of the European Union and Georgia the Republic of Moldova. Nor shall it preclude more extensive mutual assistance granted under such agreements. 2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIAthe REPUBLIC OF MOLDOVA, Of of the other part, Meeting at Luxembourg meeting on the 22.04.1996 twenty-eighth day of November in the year one thousand nine hundred and ninety-four for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, the Republic of Moldova of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Moldova have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to concerning Article 6 4 of the Agreement Joint Declaration concerning Article 15 17 of the Agreement Joint Declaration concerning Article 18 of the Agreement Joint Declaration concerning Article 29 of the Agreement Joint Declaration concerning Article 30 of the Agreement Joint Declaration concerning the Notion notion of "control" in Article 25(b31(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 49 of the Agreement Joint Declaration concerning Article 99 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Moldova have further taken note of the Unilateral Declaration by the French Government annexed to this Final Act: Unilateral Declaration by the French Government on its overseas countries and territories The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of the Republic of Moldova have also taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia the Republic of Moldova in relation to the establishment of companies. The plenipotentiaries Hecho en Bruselas, el veintiocho de noviembre de mil novecientos noventa y cuatro. Udfærdiget i Bruxelles den otteogtyvende november nitten hundrede og fire og halvfems. Geschehen zu Brüssel am achtundzwanzigsten November neunzehnhundertvierundneunzig. Éγινε στις Βρυκsλλες, στις εíκoσι oκτω' Νoεµßρíoυ zíλια εννιακóσια ενενη' ντα τsσσερα. Done at Brussels on the twenty-eighth day of November in the year one thousand nine hundred and ninety-four. Fait à Bruxelles, le vingt-huit novembre mil neuf cent quatre-vingt-quatorze. Fatto a Bruxelles, addì ventotto novembre millenovecentonovantaquattro. Gedaan te Brussel, de achtentwintigste november negentienhonderd vierennegentig. Feito em Bruxelas, em vinte e oito de Novembro de mil novecentos e noventa e quatro. Întocmit la Bruxelles în a doua˘ zeci s¸i opta zi a lunii noiembrie în anul o mie noua˘ sute noua˘ zeci s¸i patru. Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien På Kongeriget Danmarks vegne Für die Bundesrepublik Deutschland Για την Ελληνικη' ∆ηµoκρατíα Por el Reino de España Pour la République française Thar cheann Na hÉireann For Ireland Per la Repubblica italiana Pour le Grand-Duché de Luxembourg Voor het Koninkrijk der Nederlanden Pela República Portuguesa For the United Kingdom of Great Britain and Northern Ireland Por las Comunidades Europeas For De Europæiske Fællesskaber Für die Europäischen Gemeinschaften Για της Ευρωπαϊκsς Κoινóτητες For the European Communities Pour les Communautés européennes Per le Comunità europee Voor de Europese Gemeenschappen Pelas Comunidades Europeias Pentru Republica Moldova It is the understanding of the Member States and Parties that should they proceed to the negotiation of a free trade area in accordance with Article 4, such negotiations should cover all products traded between the Parties. The Community and the plenipotentiaries Republic of Georgia have also taken note Moldova declare that the text of the following Declaration annexed safeguard clause does not xxxxx XXXX safeguard treatment. It is understood that the provisions of Article 18 are neither intended to, nor shall slow down, hinder or impede the procedures provided for in the respective legislations of the Parties regarding anti-dumping and subsidies investigations. Without prejudice to this Final Act. Declaration by the French Government 74 Joint declaration reservations listed in relation Annexes IV and V and to Article 6 Should the provisions of Articles 43 and 46, the Parties agree that circumstances warrant meetings at the highest levelwords ‘in conformity with their legislation and regulations’ mentioned in paragraphs 1 and 2 of Article 29 mean that each Party may regulate the establishment and operation of companies on its territory, such meetings may be arranged on an ad hoc basisprovided that these regulations do not create for the establishment and operations of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to their own companies or to companies or branches or subsidiaries of companies of any third country. Joint declaration concerning Article 15 Until Georgia accedes to the WTO, the Parties shall hold consultations Commercial presence of a Party’s internal waterways transport companies in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations other Party’s territory shall be offered prior to governed in accordance with legislation applicable within Member States or the increase Republic of tariff protectionMoldova, until specific more favourable provisions governing such commercial presence can be agreed upon, and if such presence is not governed by other legislative instruments binding on the Parties. Joint declaration concerning It is understood that a commercial presence shall take the notion form of "control" subsidiaries or branches as defined in Article 25(b) and Article 3631. 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 — the other company holds directly or indirectly a majority of the voting rights, or - The — the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis 10a of the Paris Convention for the protection Protection of Industrial Property and protection Protection of undisclosed information Undisclosed Information on knowKnow-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 99 of the Agreement means mean cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in in: (a) repudiation of the Agreement not sanctioned by the general rules of international law Orlaw, or (b) violation of the essential elements of the Agreement set out in Article 2.

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, 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 one individual or more several Member States of the European Union and Georgia the Republic of Kazakhstan. Nor shall it preclude more extensive mutual assistance granted under such agreements. 2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The plenipotentiaries the plenipotentiary of GEORGIAthe REPUBLIC OF KAZAKHSTAN, Of of the other part, Meeting meeting at Luxembourg Brussels on 23 January in the 22.04.1996 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 Member States, of the one part, and Georgiathe Republic of Kazakhstan, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Kazakhstan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to concerning Article 6 13 of the Agreement Joint Declaration concerning Article 15 23 of the Agreement Joint Declaration concerning the Notion notion of "control" in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 93 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Kazakhstan have further taken note of the following Exchange of Letters Declaration by the French Government annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companies. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. Declaration by the French Government 74 Joint declaration in relation on its overseas countries and territories. The Community and the Republic of Kazakhstan declare that the text of the safeguard clause does not xxxxx XXXX safeguard treatment. Without prejudice to Article 6 Should the provisions of Articles 37 and 40, the Parties agree that circumstances warrant meetings at the highest levelwords "in conformity with their legislation and regulations" mentioned in paragraphs 1 and 2 of Article 23 mean that each Party may regulate the establishment and operation of companies on its territory, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes provided that these regulations do not create for the establishment and operation of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to the WTOtheir own companies or to companies, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase branches or subsidiaries of tariff protection. Joint declaration concerning the notion companies of "control" in Article 25(b) and Article 36any third country. 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 the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis 10 bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 93 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Oror (b) violation of the essential elements of the Agreement set out in Article 2.

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, 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 one individual or more several Member States of the European Union and Georgia Ukraine. Nor shall it preclude more extensive customs cooperation granted under such agreements. 2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIAUKRAINE, Of of the other part, Meeting meeting at Luxembourg on the 22.04.1996 fourteenth day of June in the year one thousand nine hundred and ninety-four for the signature of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and GeorgiaUkraine, of the other part, hereinafter referred to as the "‘Partnership and Cooperation Agreement", have adopted the following texts: The Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to Article 6 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion of "control" in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have further taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companies. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. Declaration by the French Government 74 Joint declaration in relation to Article 6 Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "control" in Article 25(b) and Article 36 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 of the voting rights, or - The other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Or’,

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

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Complementarity. Without prejudice to Article 10, 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 one individual or more several Member States of the European Union and Georgia the Kyrgyz Republic. Nor shall it preclude more extensive mutual assistance granted under such agreements. 2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITYEuropean Community, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY European Coal and Steel Community, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITYEuropean Atomic Energy Community, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIAthe KYRGYZ REPUBLIC, Of of the other part, Meeting meeting at Luxembourg Brussels on 9 February in the 22.04.1996 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 Member States, of the one part, and Georgiathe Kyrgyz Republic, of the other part, hereinafter referred to as the "Agreement", have adopted the following texts: The Agreement the Agreement, including its Annexes Annexes, and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters matters. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Kyrgyz Republic have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration concerning Article 23 of the Agreement Joint Declaration concerning the notion of .control. in relation to Article 6 25(b) and Article 37 of the Agreement Joint Declaration concerning Article 15 of the Agreement Joint Declaration concerning the Notion of "control" in Article 25(b) and Article 36 Joint Declaration concerning Article 35 43 of the Agreement Joint Declaration concerning Article 42 92 of the Agreement Joint Declaration concerning Article 98 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have further taken note of the following Exchange of Letters annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companiesAgreement. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Kyrgyz Republic have also further taken note of the following Declaration by the French Government annexed to this Final Act. : Declaration by the French Government 74 Joint declaration on its overseas countries and territories. Done at Brussels, on the ninth day of February in relation the year one thousand nine hundred and ninety five. Without prejudice to Article 6 Should the provisions of Articles 38 and 41, the Parties agree that circumstances warrant meetings at the highest levelwords in conformity with their legislation and regulations mentioned in paragraphs 1 and 2 of Article 23 mean that each Party may regulate the establishment and operation of companies on its territory, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes provided that these regulations do not create for the establishment and operations of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to the WTOtheir own companies or to companies, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase branches or subsidiaries of tariff protection. Joint declaration concerning the notion companies of "control" in Article 25(b) and Article 36any third country. 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" controlled by another company, and thus a subsidiary of such other company if: - The the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis 10a of the Paris Convention for the protection Protection of Industrial Property and protection Protection of undisclosed information Undisclosed Information on knowKnow-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" urgency included in Article 98 92 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law law, Or

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

Complementarity. Without prejudice to Article 10, any 1. This Protocol shall complement and not impede the application ofany agreements on mutual assistance which have been concluded between one concludedbetween individual or more several Member States and Georgia Russia. Nor shall not itpreclude more extensive mutual assistance granted under suchagreements concluded or to be concluded. 2. Without prejudice to Article 10, these agreements do notprejudice Community provisions governing the communication between the betweenthe competent services of the Commission of the European Communities and the customs authorities of authoritiesof the Member States of any information obtained in customs matters which matterswhich could be of Community interest. Final act FINAL ACT The plenipotentiaries of: THE the KINGDOM OF BELGIUM, THE ,the KINGDOM OF DENMARK, THE ,the FEDERAL REPUBLIC OF GERMANY, THE ,the HELLENIC REPUBLIC, THE ,the KINGDOM OF SPAIN, THE ,the FRENCH REPUBLIC, IRELAND, THE ,the ITALIAN REPUBLIC, THE ,the GRAND DUCHY OF LUXEMBOURG, THE ,the KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE ,the PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE ,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 COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, Hereinafter ,hereinafter referred to as "the 'Member States"`, and of The ofthe EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the COMMUNITY andthe EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "'the Community", Of Community`,of the one part, and The plenipotentiaries andthe plenipotentiary of GEORGIAthe RUSSIAN FEDERATION, Of hereinafter referredto as 'Russia`,of the other part, Meeting ,meeting at Luxembourg on Corfu this twenty-fourth day of June in the 22.04.1996 year onethousand nine hundred and ninety-four for the signature of the Agreement on Partnership and Cooperation Agreement establishing a partnership between partnershipbetween the European Communities and their Member States, of the one partonepart, and Georgiathe Russian Federation, of the other part, hereinafter referred hereinafterreferred to as the "Agreement"'Agreement on Partnership and Cooperation`, have adopted haveadopted the following texts: The Agreement on Partnership and Cooperation including its Annexes and Annexesand the following ProtocolProtocols: Protocol 1 on the establishment of a coal and steel contact group, Protocol 2 on mutual administrative assistance between administrative authorities in for the correctapplication of customs matters legislation. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries andthe plenipotentiary of Georgia Russia have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to Title III and Article 6 94 of the Agreement Joint Declaration concerning in relation to Article 15 10 of the Agreement Joint Declaration concerning the Notion of "control" in relation to Article 25(b) and Article 36 Joint Declaration concerning Article 35 12 of the Agreement Joint Declaration concerning in relation to Article 42 17 of the Agreement Joint Declaration concerning in relation to Article 98 18 of the Agreement The plenipotentiaries Joint Declaration in relation to Article 22 (1), second indent ofthe Agreement Joint Declaration in relation to Article 24 of the Member States Agreement Joint Declaration in relation to Articles 26, 32 and 37 of the Community and the plenipotentiaries of Georgia have further taken note Agreement Joint Declaration in relation to Article 28 of the following Exchange Agreement Joint Declaration in relation to Article 29 (3) of Letters annexed the Agreement Joint Declaration in relation to this Final Act: Exchange Article 30 of Letters between the Community Agreement Joint Declaration in relation to Article 30 (a) and Georgia (g) of the Agreement Joint Declaration in relation to the establishment of companies. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. Declaration by the French Government 74 Joint declaration in relation to Article 6 Should the Parties agree that circumstances warrant meetings at the highest level, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes to the WTO, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff protection. Joint declaration concerning the notion of "'control" ` in Article 25(bArticle30 (b) and Article 36 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 of the voting rights, or - The other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases of special urgency" included in Article 98 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Orand

Appears in 1 contract

Samples: Partnership Agreement

Complementarity. Without prejudice to Article 10, 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 one individual or more several Member States of the European Union and Georgia the Republic of Kazakhstan. Nor shall it preclude more extensive mutual assistance granted under such agreements. 2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest. Final act The plenipotentiaries of: 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 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 COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, Hereinafter hereinafter referred to as "the Member States", and of The the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY, and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as "the Community", Of of the one part, and The the plenipotentiaries of GEORGIAthe REPUBLIC OF KAZAKHSTAN, Of of the other part, Meeting meeting at Luxembourg Brussels on 23 January in the 22.04.1996 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 Member States, of the one part, and Georgiathe Republic of Kazakhstan, of the other part, hereinafter referred to as the "Agreement".Agreement., have adopted the following texts: The the Agreement including its Annexes and the following Protocol: Protocol on mutual assistance between administrative authorities in customs matters matters. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Kazakhstan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration in relation to concerning Article 6 13 of the Agreement Joint Declaration concerning Article 15 23 of the Agreement Joint Declaration concerning the Notion notion of "control" control in Article 25(b) and Article 36 Joint Declaration concerning Article 35 of the Agreement Joint Declaration concerning Article 42 of the Agreement Joint Declaration concerning Article 98 93 of the Agreement The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia the Republic of Kazakhstan have further taken note of the following Exchange of Letters Declaration by the French Government annexed to this Final Act: Exchange of Letters between the Community and Georgia in relation to the establishment of companies. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Georgia have also taken note of the following Declaration annexed to this Final Act. Declaration by the French Government 74 Joint declaration on its overseas countries and territories. Done at Brussels, on the twenty-third day of January in relation the year one thousand nine hundred and ninety five. The Community and the Republic of Kazakhstan declare that the text of the safeguard clause does not xxxxx XXXX safeguard treatment. Without prejudice to Article 6 Should the provisions of Articles 37 and 40, the Parties agree that circumstances warrant meetings at the highest levelwords .in conformity with their legislation and regulations mentioned in paragraphs 1 and 2 of Article 23 mean that each Party may regulate the establishment and operation of companies on its territory, such meetings may be arranged on an ad hoc basis. Joint declaration concerning Article 15 Until Georgia accedes provided that these regulations do not create for the establishment and operation of companies of the other Party any new reservations resulting in a less favourable treatment than that accorded to the WTOtheir own companies or to companies, the Parties shall hold consultations in the Cooperation Committee on their import tariff policies, including changes in tariff protection. In particular, such consultations shall be offered prior to the increase branches or subsidiaries of tariff protection. Joint declaration concerning the notion companies of "control" in Article 25(b) and Article 36any third country. 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" controlled by another company, and thus a subsidiary of such other company if: - The the other company holds directly or indirectly a majority of the voting rights, or - The the other company has the right to appoint or dismiss a majority of the administrative organ, of the management organ or of the 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. Joint declaration concerning article 35 The 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 Article 42 The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks trade marks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10bis article 10 bis of the Paris Convention for the protection of Industrial Property and protection of undisclosed information on know-how. Joint declaration concerning Article 98 1. The Parties agree, for the purpose of its correct interpretation and its practical application, that the term "cases .cases of special urgency" urgency included in Article 98 93 of the Agreement means cases of material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in (a) repudiation of the Agreement not sanctioned by the general rules of international law Orlaw, or

Appears in 1 contract

Samples: Partnership and Cooperation Agreement

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