Communication from the Ministry of Foreign Affairs No 7 / 1995 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of a Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part
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Effective from 01.02.1995
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7
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that a European Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, was adopted in Luxembourg on 4 October 1993 by signing the Final Act.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified it.
The Agreement entered into force on 1 February 1995 pursuant to Article 123 thereof and expired on:
- the Agreement between the Czech and Slovak Federal Republic and the European Economic Community and the European Atomic Energy Community on trade, trade and economic cooperation of 7 May 1990,
- Protocol of 28 June 1991 between the Czech and Slovak Federal Republic and the European Coal and Steel Community on trade, trade and economic cooperation,
and at the same time as it expired on 1 February 1995
- Interim Agreements on trade and trade related matters between the Czech and Slovak Federal Republic, of the one part, and the European Economic Community and the European Coal and Steel Community, of the other part, of 16 December 1991, as amended by the Exchange Letters of 15 December 1992, published under No 226 / 1994 Coll.,
- Supplementary Protocol between the Czech Republic, of the one part, and the European Community and the European Coal and Steel Community, of the other part, to the Interim Agreement on trade and trade-related matters between the Czech and Slovak Federal Republic, of the one part, and the European Economic Community and the European Coal and Steel Community, of the other part, published under No 226 / 1994 Coll., and
- Additional Protocol between the Czech Republic and the Community to the Interim Agreement on Trade and Trade-related Affairs between the Czech and Slovak Federal Republic, of the one part, and the European Economic Community and the European Coal and Steel Community, of the other part, published under No 226 / 1994 Coll.
The Czech version of the Final Act and the Agreement shall be published at the same time.
FINAL ACP
The representatives of the Czech Republic,
Subsequently referred to as "Czech Republic 'as one party and
Authorised representatives:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK
THE FRENCH REPUBLIC,
IRELAND
ITALIAN REPUBLIC
THE KINGDOM OF THE NETHERLANDS
THE PORTUGUESE REPUBLIC,
GREECE REPUBLIC
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
THE FEDERAL REPUBLIC OF GERMANY,
THE KINGDOM OF SPAIN
GRAND DUCHY OF LUXEMBOURG
Contracting Parties to the Treaty establishing the European Economic Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community.
hereinafter referred to as the "Member States', and
THE EUROPEAN ECONOMIC COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
hereinafter referred to as "the Community 'as the other Party,
who met in Luxembourg on 4 October 1993 in a thousand and nine hundred and ninety-three to sign the Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part ("the Europe Agreement '), adopted the following texts:
European Agreement and the following Protocols:
PROTOCOL 1 on textile and clothing products
PROTOCOL 2 on products to which the Treaty establishing the European Coal and Steel Community (ECSC) applies
PROTOCOL 3 on trade in processed agricultural products between the Czech Republic and the Community not covered by Annex II to the EEC Treaty
PROTOCOL 4 on the definition of the concept of "originating products' and methods of administrative cooperation
PROTOCOL 5 on specific provisions relating to trade between the Czech Republic and Spain and Portugal
PROTOCOL 6 on mutual assistance in customs matters
PROTOCOL 7 on concessions with annual limits
PROTOCOL No 8 on the skirt of the Czech Republic in recognition of exchange letters between the European Economic Community and the Czech and Slovak Federative Republic on transit and land transport infrastructure
The authorised representatives of the Czech Republic and the authorised representatives of the Member States and the Community have adopted the texts of the joint declarations set out below and annexed to this Final Act:
Joint Declaration on Article 8 (4) of the Agreement
Joint Declaration on Article 38 (1) of the Agreement
Joint Declaration on Article 38 of the Agreement
Joint Declaration on Article 39 of the Agreement
Joint Declaration concerning Section II of Title IV of the Agreement
Joint Declaration concerning Section III of Title IV of the Agreement
Joint Declaration on Article 57 (3) of the Agreement
Joint Declaration on Article 59 of the Agreement
Joint Declaration on Article 60 of the Agreement
Joint Declaration on Article 64 of the Agreement
Joint Declaration on Article 67 of the Agreement
Joint Declaration on Article 109 of the Agreement
Joint Declaration on Article 117 (2) of the Agreement
Joint Declaration on Article 5 of Protocol No 6
The representatives of the Czech Republic and the authorised representatives of the Member States and the Community have also recorded the following exchanges of letters, annexed to this Final Act:
Exchange of letters concerning certain arrangements for live bovine animals for slaughter
Exchange of letters concerning transit
Exchange of letters concerning Article 68 of the Agreement
Exchange of letters concerning the specification of the area of common interest eligible for financial assistance
The representatives of the Czech Republic and the full representatives of the Community and the Member States have recorded the declaration of the French Government annexed to this Final Act: the statement of the French Government concerning the overseas territories.
The representatives of the Czech Republic have recorded the declarations listed below and annexed to this Final Act:
Community Declaration on Articles 6 and 117 of the Agreement
Community Declaration on Section I of Title IV of the Agreement
Community declaration on Article 8 (4) of Protocol No 2 on ECSC products
Ensembled representatives of the Member States and the Community and recorded the declarations set out below and annexed to this Final Act:
Letter from the Government of the Czech Republic concerning Protocol 2
COMMON DECLARATIONS
1.
The Czech Republic and the Community confirm that where a reduction in customs duties takes place by way of suspension of customs duties for a certain period of time, these reduced customs duties will replace the basic duty only for the period of such suspension, and that wherever a partial suspension of duties takes place, a preferential surplus between the parties will be maintained.
2. Article 38 (1)
It is agreed that the concept of "conditions and modalities applicable in each Member State 'covers Community rules where appropriate.
3.
It is agreed that the term "children" is defined in accordance with the legislation of the host country concerned.
4. Article 39
It is agreed that the term "members of their families" is defined in accordance with the legislation of the host country concerned.
5.
Without amending the provisions of Section IV of Title IV, the Parties agree that the treatment of citizens or companies of one Party shall be considered less favourable than that of citizens and companies of the other Party where such treatment is formally or de facto less favourable than that of citizens and companies of the other Party.
6. Section III of Title IV
The Parties shall endeavour to achieve a mutually satisfactory outcome in the framework of the current Uruguay Round on Services.
7. Article 57 (3)
The Parties declare that the agreements referred to in Article 57 (3) should aim at the widest possible application of transport regulations and policies in force in the Community and in the Member States in relations between the Community and the Czech Republic in the field of transport.
8. Article 59
The mere fact of requiring a visa from natural persons of certain parties and not from natural persons of other parties will not be regarded as nullification or limitation of benefits under a specific obligation.
9. Article 60
Whenever the Association Council is asked to adopt measures for further liberalisation in the field of services or persons, it shall also determine which transactions relating to such measures are to be authorised in freely convertible currencies.
10.
The Parties shall not make inappropriate use of the provisions on professional secrecy to prevent the acquisition of information in competition.
11. Article 67
The Parties agree that, for the purposes of this Association Agreement, "intellectual, industrial and commercial property 'is to have a similar meaning to that of Article 36 of the EEC Treaty and that it includes in particular the protection of copyright and related rights, patents, industrial design, trade marks and service signs, topography of integrated circuits, software, geographical indications and protection against unfair competition and the protection of undisclosed information and know-how.
12. Article 109
The Parties agree to examine, in accordance with Article 109 of the Agreement, the establishment of an advisory mechanism composed of members of the Economic and Social Committee of the Community and the respective partners of the Czech Republic.
13. Article 117 (2)
The Parties to the Agreement,
for the purpose of its correct interpretation and practical application
agree that:
the term "cases of special urgency 'referred to in Article 117
The Agreement means a case of serious infringement by one of the Parties. A serious breach of the Agreement consists of:
(a) denunciation of an Agreement which does not comply with the general provisions of international law
or
(b) infringement of essential parts of the Agreement, namely Article 6 thereof.
19. Article 5 of Protocol No 6 to this Agreement
The Contracting Parties stress that the reference to their own legislation in Article 5 of Protocol 6 may include, where appropriate, an international commitment which they may have taken on, such as the Convention on the Service of Judicial and Extrajudicial Documents in Foreign Affairs in Civil or Commercial Matters, concluded at the Hague on 15 November 1965.
EXCHANGE OF DETAILS BETWEEN THE EUROPEAN ECONOMIC COMPANY AND THE CZECH REPUBLIC ON CERTAIN ARRANGEMENTS RELATING TO THE LIVING JAQUE
A. Letter from the Community
Sir,
I have the honour to refer to the talks concerning trade arrangements for certain agricultural products between the Czech Republic and the Community which took place in the context of negotiations on the Association Agreement.
I hereby certify that the Community shall take the necessary measures to ensure that the Czech Republic obtains full access to the import arrangements for live bovine animals for slaughter under Article 13 of Council Regulation No 805 / 68 under the same conditions as Poland, Hungary and the Slovak Republic as from the entry into force of the Agreement.
I would be obliged if you could confirm that the Government of the Czech Republic agrees with the content of this letter.
Please accept, Sir, the assurance of my deepest respect.
On behalf of the Council of the European Communities
B. Letter from the Czech Republic
Sir,
I have the honour of confirming receipt of your letter with the following date:
"I have the honour to refer to the talks concerning trade arrangements for certain agricultural products between the Czech Republic and the Community which took place in the framework of negotiations on the Association Agreement.
I hereby certify that the Community shall take the necessary measures to ensure that the Czech Republic obtains full access to the import arrangements for live bovine animals for slaughter under Article 13 of Council Regulation No 805 / 68 under the same conditions as Poland, Hungary and the Slovak Republic as from the entry into force of the Agreement.
I would be obliged if you could confirm that the Government of the Czech Republic agrees with the content of this letter. "
I have the honour to confirm that my government agrees with the contents of your letter.
Please accept, Sir, the assurance of my deepest respect.
For the Government of the Czech Republic
Exchange of letters between the European Economic Community and the Czech Republic concerning Article 68
A. Letter from the Community
Sir,
I have the honour to point out the discussions on Article 68 of the Europe Agreement.
I hereby certify that, in view of the provisions of Article 68 of the Europe Agreement, access to the procurement procedures in the Czech Republic to Community companies after the entry into force of the Agreement under Article 68 will apply to Community companies established in the Czech Republic in the form of subordinate units pursuant to Article 45 and the forms referred to in Article 55. Notwithstanding the provisions of Article 68, Community companies established in the Czech Republic in the form of branches and sales offices pursuant to Article 45 shall have access to the procurement procedures in the Czech Republic at the latest at the end of the transitional period referred to in Article 7.
I would be obliged if you could confirm that the Government of the Czech Republic agrees with the content of this letter.
Accept, Sir, the assurance of my highest consideration.
On behalf of the Council of the European Communities
B. Letter from the Czech Republic
Sir,
I have the honour of confirming receipt of your letter with the following date:
"Dear sir,
I have the honour to point out the discussions on Article 68 of the Europe Agreement.
I hereby certify that, in view of the provisions of Article 68 of the Europe Agreement, access to the procurement procedures in the Czech Republic to Community companies after the entry into force of the Agreement under Article 68 will apply to Community companies established in the Czech Republic in the form of subordinate units pursuant to Article 45 and the forms referred to in Article 55. Notwithstanding the provisions of Article 68, Community companies established in the Czech Republic in the form of branches and sales offices pursuant to Article 45 shall have access to the procurement procedures in the Czech Republic at the latest at the end of the transitional period referred to in Article 7.
I would be obliged if you could confirm that the Government of the Czech Republic agrees with the content of this letter. "
I have the honour to confirm that my government agrees with the contents of this letter.
Accept, Sir, the assurance of my highest consideration.
For the Government of the Czech Republic
Exchange of letters between the European Economic Community and the Czech Republic concerning the specification of areas of common interest eligible for financial assistance
A. Letter from the Czech Republic
Sir,
in the negotiations leading to the signing of the Association Agreement between the Community, its Member States and the Czech Republic, it was agreed that Community financial assistance would aim at the effective application of economic and technical cooperation in areas of common interest, in particular:
- industrial restructuring and, in particular, the conversion of the arms industry,
- harmonisation of technical standards, verification procedures and customs duties,
- science and technology and education,
- implementation of energy saving and restructuring programmes for the energy sector,
- restructuring and modernisation of transport and communications infrastructure,
- regional development and the environment,
- support for small and medium-sized enterprises,
- agriculture,
- social cooperation,
- cooperation on statistics,
- harmonisation of legislation,
- modernisation of intellectual, industrial and commercial property infrastructure,
- banking, insurance and other financial services.
I would be obliged if you could confirm your consent to the contents of this letter.
Please accept, Sir, the assurance of my highest consideration.
For the Government of the Czech Republic
B. Letter from the Community
Sir,
I have the honour to confirm receipt of your letter with the following date
"in the negotiations leading to the signing of the Association Agreement between the Community, its Member States and the Czech Republic, it was agreed that Community financial assistance would aim at the effective application of economic and technical cooperation in areas of common interest, in particular:
- industrial restructuring and, in particular, the conversion of the arms industry,
- harmonisation of technical standards, verification procedures and customs duties,
- science and technology and education,
- implementation of energy saving and restructuring programmes for the energy sector,
- restructuring and modernisation of transport and communications infrastructure,
- regional development and the environment,
- support for small and medium-sized enterprises,
- agriculture,
- social cooperation,
- cooperation on statistics,
- harmonisation of legislation,
- modernisation of intellectual, industrial and commercial property infrastructure,
- banking, insurance and other financial services.
I would be obliged if you could confirm your agreement with the contents of this letter. "
I have the honour to confirm that the Community agrees with the contents of your letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of the Council of the European Communities
SINGLE DECLARATION
DECLARATION
French Governments
France notes that the European Association Agreement with the Czech Republic does not apply to overseas territories and territories associated with the European Economic Community under the Treaty establishing the European Economic Community.
Declaration by the European Community
1.
A reference to respect for human rights as an essential element of the Agreement and to cases of special urgency has been included in this Agreement as a result of the Community's human rights policy under the Council Declaration of 11 May 1992, in which such a voucher is remembered in cooperation or association agreements between the Community and its partners in the KBSE.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 7 / 1995 Coll., on the negotiation of a Europe Agreement establishing an association between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.02.1995 |
|---|---|
| Effective from | 01.02.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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