Decree of the Minister for Foreign Affairs No. 30 / 1980 Coll.
Decree of the Minister for Foreign Affairs on General Terms and Conditions of Specialisation and Co-operation of Production between Member States' Organisations of the Mutual Economic Assistance Council (VPSK RVHP)
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Effective from 01.01.1980
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30
DECLARATION
Minister for Foreign Affairs
of 23 January 1980
on the general conditions of specialisation and co-operation of production between the organisations of the Member States of the Council of mutual economic assistance (VPSK RVHP)
At the 88th meeting of the Executive Committee of the Council of Economic Assistance, the General Terms and Conditions of Specialisation and Co-operation of Production between the Member States' organisations of the Council of Mutual Economic Assistance (VPSK RVHP) were approved on 18 January 1979.
The Federal Assembly of the Czechoslovak Socialist Republic has agreed to the General Terms and Conditions of Specialisation and Co-operation of Production and the President of the Czechoslovak Socialist Republic has ratified them.
General conditions of specialisation and co-operation of production came into force for the Czechoslovak Socialist Republic on 1 January 1980.
In addition to the Czechoslovak Socialist Republic, the Bulgarian People's Republic, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the Democratic Republic of Germany, the People's Republic of Poland, the Socialist Republic of Romania, the Socialist Republic of Vietnam and the Union of Soviet Socialist Republics are bound by the general conditions of specialisation and co-operation.
Slovak translation of the text General terms and conditions of specialization and cooperation is announced simultaneously. *)
Minister:
Ing. Chupek v. r.
GENERAL CONDITIONS
specialisation and co-operation of production between Member State organisations of the RVHP
(VPSK RVHP)
General provisions
1. These General Conditions apply to multilateral civil agreements on specialisation and co-operation of production concluded between organisations from more than two Member States of the RVHP.
(2) In those cases where, when concluding a contract, the parties conclude that, due to the specificity of the subject matter of the contract, derogations must be made to the individual provisions of these General Conditions, derogations may be agreed in the contract.
3. These General Terms and Conditions can only be applied to civil agreements concluded between organisations from two Member States of the RVHP if it is mutually agreed.
The terms used in these General Conditions are as follows:
"contract '- contract for specialisation and co-operation of production;
"party '," other party' - according to the content of a particular provision may also mean the parties, the other parties;
"creditor '- the party entitled to claim;
"debtor '- a party which is obliged to satisfy the creditor's claim;
"specialised products' - types or groups of finished products, semi-finished products, knots, components, complementing products, stages and stages of technological processes for which specialisation and co-operation of production are carried out;
"agreement '- any agreement governed by civil law concluded for the implementation of the contract;
"delivery contract '- purchase contract in foreign trade.
Contracting Parties
1. Contracting parties may be economic organisations which are civil law bodies and are entitled to conclude such a contract under the law of the State of their registered office.
2. An economic organisation which is not authorised to conduct a foreign trade activity shall participate in the contract together with an organisation authorised to do so.
3. Where rights and obligations are not shared between economic organisations of one State participating in the contract, the organisations shall be consistent with the other Contracting Party.
Closure, amendment and entry into force
The contract shall contain at least a breakdown of the production of specialised products, for which the following must be indicated:
- technical and economic parameters and quality characteristics;
- volumes and delivery deadlines;
- prices and / or method of pricing based on applicable principles and price-setting methodology and recommendations of the RVHP authorities.
The contract shall be deemed to be concluded:
(a) between those present - the moment of its signature by the parties;
(b) the absence - the moment when the organisation which has accepted the function of organising the conclusion of the contract receives the final report on the unconditional acceptance of the draft contract, where the contract is concluded on the basis of a joint draft or the moment when the proposing party receives such a report, where the contract is concluded on the basis of a proposal from one of the parties.
2. A report on the acceptance of a draft contract or a proposal to conclude a contract shall be deemed to have been notified in good time if the organisation referred to in paragraph 1 (b) so requests. (b) receive this paragraph within the time limit agreed between the parties or specified in the proposal and, if the time limit is not agreed between the parties or specified in the proposal, within 90 days of the date on which the processing of the proposal was completed or the proposal was sent.
3. Where it is evident from the report that the report was sent before the expiry of the period referred to in paragraph 2 of this paragraph, it shall be deemed to be late only if the proposing party immediately informs the other party of the late receipt of the report.
4. The proposal shall be deemed binding on the proposing party, unless it expressly provides otherwise or if its appeal has not been brought before or at the same time as the proposal is received.
5. The adoption of the proposal may be withdrawn in the manner set out in paragraph 4 of this Article for the appeal.
6. The following shall be considered a new proposal:
(a) late adoption of the proposal;
(b) a reply to a proposal containing amendments and / or additions thereto.
7. The date of conclusion of the contract shall be the organisation referred to in paragraph 1 (b) of this Article and shall notify the parties within 10 days of the date of conclusion of the contract.
8. The Parties may agree otherwise to conclude a contract.
1. The contract, the proposal and the adoption of the proposal shall be valid on condition that they have been made in writing.
2. In writing, telegraphic and telex communications shall also be considered.
All annexes to the contract referred to therein or in which the appeal to the contract is made shall form an integral part thereof.
When concluding a contract between the absent persons, the place of conclusion of the contract shall be deemed to be the place of receipt of the report of receipt of the application.
As from the date of conclusion of the contract, all previous correspondence shall cease to be valid unless otherwise provided for in the contract.
1. Unless otherwise provided for in the Treaty, it shall enter into force on the date of its conclusion.
2. If, under the rule of law of the State, only one of the Contracting Parties is required to approve it by the competent State authority, the Treaty shall enter into force on the date of the last necessary approval, unless the Parties have agreed otherwise.
3. the party in whose State approval of the contract is required shall:
- specify the relevant reservation in the contract;
- to take all appropriate measures to obtain its approval;
- immediately inform the other Party or the organisation which has accepted the function of organising the conclusion of the contract, of the decision of the competent authority to approve or that no solution has been adopted within the period referred to in paragraph 4 of this paragraph.
4. If the contract is not approved in accordance with paragraph 2 of this Article within 3 months of the date of its conclusion, or within another agreed period or subject to approval, the contract shall be deemed not to have entered into force.
Each Party may propose the addition and specification of the contract, taking into account in particular the volumes and delivery deadlines resulting from long-term trade agreements and annual protocols.
The provisions of this Section shall also apply to the amendment and addition of the contract.
Rights and obligations of the Parties
The specialised party shall:
1. Ensure the production of specialised products to meet the needs of the non-specified party in accordance with technical and economic parameters and quality characteristics in terms of volumes, time limits and in the manner laid down in the contract.
2. Satisfy within the limits of its possibilities (including the satisfaction of internal needs, previously accepted delivery obligations for exports, etc.) and under an additional agreement on the volumes, time limits and other conditions of need of a non-specified party in specialised products, in excess of the volumes specified in the contract. The interests of the other Contracting Parties shall not be infringed.
If no other time limit is agreed in the contract, additional needs requirements shall be submitted no later than the first quarter of the year preceding the year of delivery.
3. Continue to improve specialised products by ensuring that their quality and technical level are improved on the basis of the results and progress in the development of world science and technology in the field, as well as experience in the use of these products by users, with a view to increasing their competitiveness in all indicators on the world market. Inform the Contracting Parties of improvements to specialised products before such improvements are made.
If the improvement of the specialised products results in a change in the terms of the contract, it shall be provisionally agreed in accordance with the procedure laid down in these General Conditions for the amendment of the contract.
Interested parties may agree to improve specialised products provided that they do not infringe the interests of the other Contracting Parties.
4. Ensure verification (tests, analyses, inspections, etc., by product type) of designs of new or improved specialised products and submit to the non-specified party relevant documents.
In the cases provided for in the contract, the examination shall be carried out in accordance with the rules in force in the State of the specialised party.
5. In accordance with the terms and conditions agreed in the contract or in accordance with it, to transmit to the non-specified Party the technical experience, knowledge and information on the specific characteristics of the specialised products and their specific conditions of use, as well as other information by type of product, to the extent that it ensures that the non-specified Party can use the specialised products for the purposes for which they are intended under the contract.
6. Ensure the legal integrity of specialised products and / or transmitted scientific and technical results with regard to third party industrial property rights in the State of the non-specified party and in other States agreed between the parties, so that the non-specified party has the possibility to use those products and results in accordance with the agreed conditions and in accordance with the purpose of the contract.
7. Ensure that specialised products comply with mandatory regulations on health and safety at work, environmental protection and / or other technical, health, hygiene and similar rules in force in the State of the non-specified party.
If the contract does not contain an appeal to binding provisions in force in the State of the non-specified party or if the non-specified party fails to fulfil its obligations under Paragraph 15 (7), the specialised party shall comply with the provisions in force in its State.
8. Ensure, at the request of a non-specified party and under agreed conditions, the training of its experts in the use of specialised products.
According to the type of specialised products, in particular when machinery, apparatus, equipment and other goods of similar nature are the subject of a contract, the specialised party shall also be required to:
1. Ensure the production of spare parts necessary for the normal use of specialised products in order to meet the needs of the non-specified party in these spare parts in agreed volumes and deadlines, in accordance with the relevant provisions of the General Principles in force for the provision of spare parts for machinery and equipment supplied in trade between the Member States of the RVHP and the SFRJ.
2. Ensure according to agreed conditions of assembly work and / or assistance in the implementation of technical service (service).
The non-specialised party shall:
1. Ensure that the needs of specialised products are met in accordance with technical and economic parameters and quality characteristics in terms of volumes, deadlines and in the manner laid down in the contract.
2. Where a non-specified party is obliged under the contract to stop and / or not to resume the production of specialised products during the contract period, the terms and conditions of the contract shall be specified. However, a non-specialised party shall not be obliged to cease production of specialised products unless the Parties sign a protocol on the full satisfaction of the needs of the non-specified party in those products, including the required additional needs, in accordance with technical and economic parameters and quality characteristics in terms of volumes, time limits and conditions laid down in the contract.
3. To transmit technical documentation, production experience, knowledge and other information to the specialised party according to the terms and conditions agreed in accordance with the contract, according to the type of specialised products it has and which are necessary for the introduction of production and may help to increase the technical level and quality of the specialised products and the efficiency of their production.
4. To take all appropriate measures to ensure that a specialised party has the possibility, under the agreed conditions, to exercise the industrial property rights available to it in its own state concerning specialised products to the extent necessary for their improvement and disposal in accordance with the terms of the contract.
5. Inform the specialised party of experience in the use of the specialised products and of the proposed or implemented improvements that lead to improved technical and economic parameters and quality characteristics of these products.
The transmission of technical documentation, production technical and other information relating to those improvements shall be subject to the provisions of paragraph 3 of this paragraph.
6. Inform the specialised party of its own exclusive rights or of the exclusive rights of other organisations of its State or of the exclusive rights of States relating to specialised products which are protected in a specified manner in third States and of licences granted under those rights.
7. Inform the specialised party in the manner and within the time limits laid down in the Treaty, on the content of mandatory regulations on health and safety at work, on the protection of the environment and / or other technical, health, hygiene and similar rules in force in its State and concerning specialised products.
If no such information is provided for in the contract, the non-specified party must submit it within technically justified time limits, but not later than when the contract is signed for the supply of those specialised products to which the information relates. In that case, the parties shall agree on the necessary amendments to the contract.
Under the terms and conditions agreed in or in accordance with the contract, the Parties shall, as far as possible, provide each other with assistance in research and development, development work aimed at improving the technical and economic and quality characteristics of specialised products.
Unless otherwise provided for in the contract, the confidentiality of technical documentation, scientific and technical knowledge, production technical experience, knowledge and other information, including information of the type of know-how, obtained by one party from another or learned from it in the course of cooperation, shall be maintained.
The publication or other publication of such information and the transmission thereof to third parties, but also after the termination of the contract, may take place only in the manner laid down in the contract or in a specific agreement between the Parties.
Where a Contracting Party decides to terminate the safeguard document before the expiry of the withdrawal period, it shall notify the other Party in due time and forward it to it on request under the agreed conditions.
The costs associated with the transfer of rights shall be borne by the Party which transfers them.
Where third parties infringe industrial property rights of one of the Parties in respect of specialised products, the other Party shall inform the Party against which the infringement is directed and provide it with the necessary assistance to protect its rights under the agreed conditions.
The Contracting Parties undertake to take all appropriate measures to ensure that the volumes of supply of specialised products agreed in the contract are included in long-term trade agreements and annual protocols thereto.
All supplies of specialised products shall be made on the basis of supply contracts concluded between organisations authorised for foreign trade.
1. Contracting Parties shall ensure that contracts for the supply of specialised products are concluded in accordance with the terms of the contract.
2. Unless otherwise specified in the contract:
(a) the organisation of a specialised party authorised for foreign trade activities, which is involved in the contract, shall send to the other party a proposal for the conclusion of a contract for the supply of specialised products no later than the second quarter and for the supply of non-commercial machinery and equipment no later than 1 April of the year preceding the year of delivery;
(b) the organisation of a non-specified party entitled to foreign trade activity, which is involved in the contract, shall give a reply to the application for a supply contract within 30 days of the date of dispatch of the application;
(c) where the reply to the proposal contains a reservation, the organisations between which the supply contract is to be concluded shall be obliged to remove the discrepancy arising within 45 days of the date of dispatch of the reply from the organisation which received the supply contract.
3. If the proposal contains conditions which do not comply with the Treaty and the other party does not accept it for that reason, the proposal shall be deemed not to have been made. This also applies to the reply to the proposal.
The organisation of a non-specialised party authorised to conduct a foreign trade activity, which is involved in the contract, shall inform the relevant organisation of the specialised party without delay of the requirements for the supply of specialised products which it has obtained from third countries and, in accordance with the manner laid down in its State, take the necessary measures to ensure that the information is transmitted even if other organisations of its State receive such requirements.
Liability of the Parties
(1) The parties shall be liable in substance for the non-compliance or improper fulfilment of the obligations entered into in the contract.
2. Unless otherwise provided for in the contract, a Party which has used a third party to fulfil its obligations shall be liable to the other Party for non-compliance or non-compliance by a third party as if it had acted alone.
3. Forms of material responsibility are:
(a) payment of periodic penalty payments;
(b) compensation.
4. Save as otherwise provided in the contract, in cases where such General Conditions or the contract provide for periodic penalty payments, damage shall not be reimbursed.
5. Unless otherwise provided in the contract or in these terms and conditions, in cases where failure to fulfil obligations under the agreement is at the same time a breach of obligations under the contract, such grounds for liability shall exclude the application of the relevant claims arising directly from the contract.
1. In cases provided for in these General Terms and Conditions or by a contract, the debtor shall, at the request of the creditor, pay periodic penalty payments for non-compliance or undue performance of contractual obligations.
2. The right of the creditor to require payment of periodic penalty payments shall be the sole fact of non-compliance or of undue fulfilment of obligations by the debtor.
3. The arbitration panel shall not be entitled to reduce the penalty payment required in accordance with these General Conditions.
4. In cases where the total or partial non-compliance or non-compliance was due to the failure to provide the creditor with proper cooperation to fulfil his obligation or the wrongful conduct of the creditor in the performance of the undertaking, the arbitration panel shall be entitled to refuse, in whole or in part, the satisfaction of the creditor's claims on payment of periodic penalty payments, depending on the effect the creditor's wrongful conduct has on the performance of the debtor's undertaking.
5. In those cases where it is established that periodic penalty payments shall be calculated for each day of delay, periodic penalty payments shall be calculated for each starting day.
6. The payment of periodic penalty payments in the event of delay or other undue fulfilment of obligations under the contract shall not release the debtor from the performance of the relevant obligations.
1. In the event of a delay in the conclusion of a delivery contract against the time limit laid down in the contract or laid down in accordance with Article 22 of this General Terms and Conditions, the Party which has infringed the undertaking shall pay the other party the periodic penalty payment calculated on the price of the products for which the contract was to be concluded.
2. Save as otherwise provided in the contract, periodic penalty payments shall be calculated from the first day of delay, to the following amounts:
- in the first 30 days - 0,05% for each day;
- in the next 30 days - 0,08% for each day;
- 0,12% for each day of delay.
3. The total amount of the periodic penalty payments referred to in paragraph 2 of this paragraph may not exceed 8% of the price of the products for which the supply contract was to be concluded.
4. A Party which has refused to conclude a supply contract shall pay to the other Party a periodic penalty payment equal to 8% of the price of the products for which it has refused to conclude a contract, including a penalty payment for the late conclusion of the contract for the supply of those products, if the delay has occurred and the penalty has already been charged and paid.
1. If there is no other time limit in the contract, if the agreement is delayed for more than 4 months against the time limit set for its conclusion, the Party against which the undertaking has been infringed shall be entitled to withdraw from the undertaking to conclude such an agreement.
2. A Party against which an undertaking to conclude an agreement has been infringed shall be entitled to withdraw from the undertaking to conclude it before the expiry of the period referred to in paragraph 1 of this paragraph, provided that the Party which has infringed the undertaking notifies in writing that it does not conclude the agreement within that period.
3. The provisions of paragraph 1 of this paragraph shall not apply to complete plants and equipment. The time limits for withdrawal from the commitment to conclude such an agreement shall be agreed by the Contracting Parties separately for each case.
1. In the event that the debtor fails to comply or inappropriately fulfils obligations for which a periodic penalty payment is not provided for, the debtor shall be obliged to compensate the creditor for the damage caused by failure to comply or undue compliance with the obligation.
2. According to these General Conditions, the costs incurred by the creditor, the reduction or damage to his property shall be reimbursed as damage. The loss of profit, indirect damage and penalty payments paid by the creditor to national counterparties under the legal order of its State and / or economic contracts shall not be refunded.
3. The obligation to make good damage shall arise if the following circumstances arise:
(a) non-compliance or undue fulfilment of a contractual obligation;
(b) there has been material damage to the other party as a result of failure to comply or undue fulfilment of contractual obligations;
(c) there is a direct causal link between the failure or undue fulfilment of the undertaking and the occurrence of material damage to the other party;
(d) the debtor has caused a default or undue execution of the undertaking.
4. The assessment of the fault shall be considered as a criterion for the exercise of care usual in relations of the species concerned.
5. The burden of proving the circumstances referred to in points (a), (b) and (c) of paragraph 3 of this Article and the amount of the damage shall lie with the creditor. The fault of the debtor, failure to comply or undue fulfilment of obligations shall be assumed.
6. The debtor shall not be obliged to make good any damage which the creditor may have avoided if he had shown the usual care in relations of the species.
7. Save as otherwise provided in the contract, the damage shall be paid in half, but the total amount of damage to be recovered shall not exceed 50% of the value of the specialised products in respect of which the undertaking has been breached.
8. Compensation for late payment or other undue performance of obligations under the contract shall not exempt the debtor from the performance of the relevant obligations.
1. The Parties shall be exempt from liability for partial or total failure to fulfil their contractual obligations if this is due to force majeure.
2. The circumstances arising after the conclusion of the contract as a result of unforeseen and irreversible events of an exceptional nature shall be deemed to be a force majeure.
3. The parties shall also be exempt from liability for partial or total failure to fulfil their contractual obligations where this results from a contract.
4. The burden of proof of the existence of circumstances excluding the liability of the debtor lies with the debtor.
1. A Party which has been unable to fulfil its contractual obligations as a result of the circumstances referred to in Paragraph 29 shall inform the other Party in writing of these circumstances without delay, but within the time limit for the fulfilment of the contractual obligations. The notification shall contain information on the origin and nature of the circumstances and their possible consequences. The Party shall also inform the other Party in writing without delay of the termination of these circumstances.
2. The circumstances of the releasing party from liability for the complete or partial failure to fulfil the contract shall be confirmed by the Chamber of Commerce or by another competent central authority of that State.
3. The non-notification or delayed notification shall give rise to circumstances which exempt a Party from liability for which there has been a failure to comply with the contractual obligations shall result in its obligation to compensate for damage caused by non-notification or delayed notification.
1. In the cases referred to in paragraph 29, the time limit for fulfilling the contractual obligations shall be extended accordingly by the period during which such circumstances and their consequences will take effect.
2. If the contract does not provide for a different period, in cases where these circumstances and their consequences last for more than 12 months, each Party shall be entitled to withdraw from the further performance of the contract in the part affected by those circumstances and / or its consequences. In so doing, none of the Parties shall be entitled to claim any claims based on such withdrawal against the other Party.
A Party may exercise its right of withdrawal if it informs the other Party of withdrawal of the contract before it begins to fulfil the relevant obligation under the contract.
Entitlements
Before bringing an action to the arbitration panel, the party shall be required to claim the other party.
1. Claims relating to periodic penalty payments shall be exercised within 3 months at the latest. This period shall begin to run
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 30 / 1980 Coll., on General Terms and Conditions of Specialisation and Co-operation of Production between the Organisations of the Member States of the Council of Mutual Economic Assistance (VPSK RVHP) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.03.1980 |
|---|---|
| Effective from | 01.01.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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