On the ratification of the Enhanced Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Union and its Member States, on the other hand

Home / RLA / On the ratification of the Enhanced Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Union and its Member States, on the other hand

The Law of the Republic of Kazakhstan dated March 25, 2016 No. 475-V SAM

To ratify The Agreement on Enhanced Partnership and Cooperation between the Republic of Kazakhstan, on the one hand, and the European Union and its member States, on the other hand, signed in Astana on December 21, 2015.

President of the Republic of Kazakhstan N. NAZARBAYEV

ENHANCED PARTNERSHIP AND COOPERATION AGREEMENTS BETWEEN THE REPUBLIC OF KAZAKHSTAN, ON THE ONE HAND, AND THE EUROPEAN UNION AND ITS MEMBER STATES, ON THE OTHER HAND

table of contents

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THE PREAMBLE

SECTION I GENERAL PRINCIPLES AND OBJECTIVES OF THIS AGREEMENT

SECTION II POLITICAL DIALOGUE. COOPERATION IN THE FIELD OF FOREIGN POLICY AND SECURITY

SECTION III TRADE AND ENTREPRENEURSHIP

CHAPTER 1 TRADE IN GOODS CHAPTER 2 CUSTOMS CHAPTER 3 TECHNICAL BARRIERS TO TRADE CHAPTER 4 SANITARY AND PHYTOSANITARY ISSUES CHAPTER 5 TRADE IN SERVICES AND ESTABLISHMENT

SECTION 1 GENERAL PROVISIONS SECTION 2 ESTABLISHMENT AND CROSS-BORDER SUPPLY OF SERVICES

SUBSECTION 1 ALL TYPES OF ECONOMIC ACTIVITIES SUBSECTION 2 ECONOMIC ACTIVITY, WITH THE EXCEPTION OF THE SERVICE SECTOR

SECTION 3 TEMPORARY PRESENCE OF INDIVIDUALS IN BUSINESS PURPOSES SECTION 4 INTERNAL REGULATION SECTION 5 REGULATIONS ON INDIVIDUAL SECTORS SECTION 6 EXCLUSIONES SECTION 7 INVESTMENTS

CHAPTER 6 CAPITAL MOVEMENT AND PAYMENT CHAPTER 7 INTELLECTUAL PROPERTY

SECTION 1 PRINCIPLES SECTION 2 STANDARDS OF INTELLECTUAL PROPERTY RIGHTS SECTION 3 PROTECTION OF INTELLECTUAL PROPERTY RIGHTS SECTION 4 RESPONSIBILITY OF SERVICE PROVIDERS OPERATING AS INTERMEDIARIES

CHAPTER 8 PUBLIC PROCUREMENT CHAPTER 9 RAW MATERIALS AND ENERGY CHAPTER 10 TRADE AND SUSTAINABLE DEVELOPMENT CHAPTER 11 COMPETITION CHAPTER 12 STATE-OWNED ENTERPRISES, STATE-CONTROLLED ENTERPRISES, AND ENTERPRISES WITH SPECIAL OR EXCLUSIVE RIGHTS OR PRIVILEGES CHAPTER 13 TRANSPARENCY CHAPTER 14 DISPUTE RESOLUTION

SECTION 1 PURPOSE AND SCOPE OF APPLICATION SECTION 2 CONSULTATIONS AND MEDIATION SECTION 3 DISPUTE SETTLEMENT PROCEDURES

SUBSECTION 1 ARBITRATION PROCEDURE SUBSECTION 2 COMPLIANCE SUBSECTION 3 GENERAL PROVISIONS

SECTION 4 GENERAL PROVISIONS

SECTION IV COOPERATION IN THE FIELD OF ECONOMIC AND SUSTAINABLE DEVELOPMENT

CHAPTER 1 ECONOMIC DIALOGUE CHAPTER 2 COOPERATION IN THE FIELD OF PUBLIC FINANCE MANAGEMENT, INCLUDING STATE AUDIT AND INTERNAL CONTROL CHAPTER 3 COOPERATION IN THE FIELD OF TAXATION CHAPTER 4 COOPERATION IN THE FIELD OF STATISTICS CHAPTER 5 COOPERATION IN THE FIELD OF ENERGY CHAPTER 6 COOPERATION IN THE FIELD OF TRANSPORT CHAPTER 7 COOPERATION IN THE FIELD OF THE ENVIRONMENT CHAPTER 8 COOPERATION IN THE FIELD OF CLIMATE CHANGE CHAPTER 9 COOPERATION IN THE FIELD OF INDUSTRY CHAPTER 10 COOPERATION IN THE FIELD OF SMALL AND MEDIUM-SIZED ENTERPRISES CHAPTER 11 COOPERATION IN THE FIELD OF COMPANY LEGISLATION CHAPTER 12 COOPERATION In BANKING, INSURANCE AND OTHER FINANCIAL SERVICES CHAPTER 13 COOPERATION IN THE FIELD OF INFORMATION SOCIETY CHAPTER 14 COOPERATION IN THE FIELD OF TOURISM CHAPTER 15 COOPERATION IN AGRICULTURE AND RURAL DEVELOPMENT CHAPTER 16 COOPERATION IN THE FIELD OF EMPLOYMENT, LABOR RELATIONS, SOCIAL POLICY AND EQUAL OPPORTUNITIES CHAPTER 17 COOPERATION IN THE FIELD OF HEALTHCARE

SECTION V COOPERATION IN THE FIELD OF FREEDOM, SECURITY AND JUSTICEPART VI OTHER AREAS OF COOPERATION

CHAPTER 1 COOPERATION IN THE FIELD OF EDUCATION AND TRAINING CHAPTER 2 CULTURAL COOPERATION CHAPTER 3 RESEARCH AND INNOVATION COOPERATION CHAPTER 4 COOPERATION IN THE FIELD OF MASS MEDIA AND IN THE AUDIOVISUAL FIELD CHAPTER 5 CIVIL SOCIETY COOPERATION CHAPTER 6 COOPERATION IN THE FIELD OF SPORTS AND PHYSICAL ACTIVITY CHAPTER 7 COOPERATION IN THE FIELD OF CIVIL PROTECTION CHAPTER 8 COOPERATION IN THE FIELD OF SPACE ACTIVITIES CHAPTER 9 COOPERATION IN THE FIELD OF CONSUMER PROTECTION CHAPTER 10 REGIONAL COOPERATION CHAPTER 10 REGIONAL COOPERATION CHAPTER 11 COOPERATION IN THE FIELD OF PUBLIC SERVICE

SECTION VII FINANCIAL AND TECHNICAL COOPERATION SECTION VIII INSTITUTIONAL FRAMEWORK SECTION IX GENERAL AND FINAL PROVISIONS

ANNEX I EXEMPTIONS UNDER ARTICLE 46 APPENDIX II RESTRICTIONS, APPLIED BY THE REPUBLIC OF KAZAKHSTAN IN ACCORDANCE WITH PARAGRAPH 2 OF ARTICLE 48 APPENDIX III SCOPE OF CHAPTER 8 (PUBLIC PROCUREMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)ANNEX IV MASS MEDIA FOR PUBLISHING INFORMATION AND PROCUREMENT ANNOUNCEMENTS IN ACCORDANCE WITH CHAPTER 8 (PUBLIC PROCUREMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)ANNEX V RULES OF ARBITRATION PROCEDURE IN ACCORDANCE WITH CHAPTER 14 (DISPUTE SETTLEMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)ANNEX VI CODE OF CONDUCT FOR MEMBERS OF ARBITRATION COMMISSIONS AND MEDIATORS IN ACCORDANCE WITH CHAPTER 14 (DISPUTE RESOLUTION) OF SECTION III (TRADE AND ENTREPRENEURSHIP)ANNEX VII MEDIATION MECHANISM IN ACCORDANCE WITH CHAPTER 14 (DISPUTE RESOLUTION) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

PROTOCOL ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

THE PREAMBLE

The Republic of Kazakhstan, on the one hand, and the REPUBLIC of AUSTRIA, the KINGDOM OF BELGIUM, THE REPUBLIC OF BULGARIA, the FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF DENMARK, THE REPUBLIC OF IRELAND, THE KINGDOM OF SPAIN, THE ITALIAN REPUBLIC, THE REPUBLIC of CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, the GRAND DUCHY OF LUXEMBOURG, HUNGARY, THE REPUBLIC OF MALTA, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF POLAND, PORTUGUESE REPUBLIC, ROMANIA, SLOVAK REPUBLIC, THE REPUBLIC OF SLOVENIA, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE REPUBLIC OF FINLAND, THE FRENCH REPUBLIC, THE REPUBLIC OF CROATIA, THE CZECH REPUBLIC, THE KINGDOM OF SWEDEN, the REPUBLIC OF ESTONIA, the Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the "Member States", and the EUROPEAN UNION, on the other hand, hereinafter collectively referred to as "Parties", TAKING INTO ACCOUNT the strong ties between the Parties and the values they share, as well as their desire to further strengthen and expand the ties established in the past through the implementation of The Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand, signed in Brussels on January 23, 1995, and the Strategy for a New Partnership between the European Union and Central Asia, adopted by the European Council in June 2007, as well as The State program of the Republic of Kazakhstan "The Way to Europe", adopted in 2008; BEARING IN MIND the commitment of the Parties to be fully guided by the principles and provisions of the Charter of the United Nations (UN Charter), the Universal Declaration of Human Rights and the Organization for Security and Co-operation in Europe (OSCE), in particular the Helsinki Final Act, as well as other universally recognized norms of international law; BEARING IN MIND the firm commitment of the Parties to strengthen the promotion, protection and exercise of fundamental freedoms and human rights, respect for democratic principles, the rule of law and good governance; RECOGNIZING the firm commitment of the Parties to the following principles in their cooperation in the field of human rights and democracy: promotion of common goals, open and constructive political dialogue, transparency and compliance with international human rights standards; TAKING INTO ACCOUNT the commitment of the Parties to respect the principles of a free market economy; RECOGNIZING the growing importance of trade and investment relations between the Republic of Kazakhstan and the European Union; CONSIDERING that this Agreement will further strengthen close economic relations between the Parties and create a new climate and more favorable conditions for the further development of trade and investment between them, including in the field of energy; BEARING IN MIND the objective of expanding trade and investment in all sectors based on a strengthened legal framework, in particular this Agreement and the Agreement Establishing the World Trade Organization (WTO Agreement); BEARING IN MIND the commitment of the Parties to promote international peace and security and the peaceful settlement of disputes, in particular through effective cooperation to this end within the framework of the United Nations and the OSCE; BEARING IN MIND the willingness of the Parties to further develop regular political dialogue on bilateral and international issues of mutual interest; BEARING IN MIND the commitment of the Parties to international obligations to combat the proliferation of weapons of mass destruction and their means of delivery and cooperation in the field of non-proliferation, nuclear safety and physical nuclear security; BEARING IN MIND the commitment of the Parties to combat the illicit trade and accumulation of small arms and light weapons, and bearing in mind the adoption by the UN General Assembly of the Arms Trade Treaty (ATT); TAKING INTO ACCOUNT the importance of the active participation of the Republic of Kazakhstan in the implementation of the Strategy of the New Partnership between the European Union and Central Asia; TAKING INTO ACCOUNT the commitment of the Parties to combat organized crime and human trafficking and deepen cooperation in the field of countering terrorism; TAKING INTO ACCOUNT the commitment of the Parties to expand dialogue and cooperation on migration-related issues based on an integrated approach aimed at cooperation on legal migration and combating illegal migration and human trafficking, and recognizing the importance of the readmission provision of this Agreement; DESIRING to ensure balanced conditions in bilateral trade relations between the Republic of Kazakhstan and the European Union; BEARING in MIND the obligation of the Parties to respect the rights and obligations arising from membership in the World Trade Organization (WTO), as well as the transparent, non-discriminatory exercise of these rights and obligations; BEARING IN MIND the obligation of the Parties to respect the principle of sustainable development, including by promoting the implementation of multilateral international treaties and regional cooperation; DESIRING to expand mutually beneficial cooperation in all areas, of mutual interest, and strengthen its framework where appropriate; RECOGNIZING the need to strengthen cooperation in the field of energy, security of energy supplies and promotion of related infrastructure development on the basis of the Memorandum of Understanding on Energy Cooperation between the Republic of Kazakhstan and the European Union, signed in Brussels on December 4, 2006, and in the context of the Energy Charter Treaty; RECOGNIZING that any cooperation in the field of peaceful uses of nuclear energy is regulated by The Agreement on Cooperation between the Republic of Kazakhstan and the European Atomic Energy Community in the field of nuclear safety, signed in Brussels on July 19, 1999, and does not fall within the scope of this Agreement; TAKING INTO ACCOUNT the commitment of the Parties to improve the level of public health protection and human health protection as prerequisites for sustainable development and economic growth; BEARING IN MIND the commitment of the Parties to expand people-to-people contacts, including through cooperation and exchange in the fields of science and technology, innovation, education and culture; BEARING IN MIND that the Parties promote mutual understanding and convergence of their legislation and regulatory framework to further strengthen mutually beneficial ties and sustainable development; NOTING that if the Parties decide within the framework of this Agreement to conclude specific agreements in the field of freedom, security and justice that may be concluded by the European Union in accordance with section V of Part Three of the Treaty on the Functioning of the European Union, the provisions of such future agreements will not impose obligations on the United Kingdom of Great Britain and Northern Ireland and/or the Republic of Ireland, unless the European Union, together with the United Kingdom of Great Britain and Northern Ireland and/or the Republic of Ireland, taking into account their respective previous bilateral relations, notifies the Republic of Kazakhstan that the United Kingdom of Great Britain and Northern Ireland and/or the Republic of Ireland have become bound by such agreements as part of the European Union in accordance with Protocol No. 21 on the position of the United Kingdom of Great Britain and Northern Ireland and the Republic of Ireland on the space of freedom, security and justice, attached to the Treaty on the European Union and the Treaty on the Functioning of the European Union. Similarly, any subsequent internal measures of the European Union that may be taken in accordance with the above-mentioned Section V to implement this Agreement will not impose obligations on the United Kingdom of Great Britain and Northern Ireland and/or the Republic of Ireland, unless they notify their desire to participate or take such measures in accordance with Protocol No. 21. Also noting that such future agreements or such subsequent internal EU measures will be subject to Protocol No. 22 on the Position of the Kingdom of Denmark, annexed to the aforementioned treaties; AGREED AS FOLLOWS:

SECTION I GENERAL PRINCIPLES AND OBJECTIVES OF THIS AGREEMENT

Article 1 General principles

Respect for democratic principles and human rights, as enshrined in the Universal Declaration of Human Rights, the OSCE Helsinki Final Act and the Charter of Paris for a New Europe and other relevant international human rights instruments, and the rule of law are at the core of the domestic and international policies of both Sides and are an essential element of this Agreement. The Parties reaffirm their commitment to the principles of a free market economy, the promotion of sustainable development and economic growth. The implementation of this Agreement is based on the principles of dialogue, mutual trust and respect, equal partnership, mutual benefit and full respect for the principles and values enshrined in the UN Charter.

Article 2 Objectives of this Agreement

1. This Agreement establishes an expanded partnership and cooperation between the Parties within their respective competencies, based on common interest and deepening relations in all areas of its application. 2. This cooperation is a process between the Parties that promotes international and regional peace and stability, economic development, and is based on principles that the Parties reaffirm through their international commitments, in particular within the framework of the United Nations and the OSCE.

Article 3cooperation in regional and international organizations

The Parties agree to cooperate and exchange views within the framework of regional and international forums and organizations.

SECTION II POLITICAL DIALOGUE. COOPERATION IN THE FIELD OF FOREIGN POLICY AND SECURITY

Article 4political dialogue

The parties are developing and strengthening effective political dialogue in all areas of mutual interest in order to promote international peace, stability and security, including on the Eurasian continent, based on international law, effective cooperation within the framework of multilateral institutions and common values. The parties cooperate to strengthen the role of the UN and OSCE and to enhance the effectiveness of relevant international and regional organizations. The parties are deepening cooperation and dialogue on international security and crisis management issues in order to respond to current global and regional challenges and major threats. The Parties undertake to strengthen cooperation on all issues of common interest, in particular, respect for international law, strengthening respect for democratic principles, the rule of law, human rights and good governance. The parties agree to work to improve the conditions for the further development of regional cooperation, in particular within Central Asia and beyond.

Article 5DEMOCRACY and the rule of law

The Parties agree to cooperate in order to promote and effectively protect human rights and ensure the rule of law, including through the use of relevant international human rights instruments. Such cooperation is carried out through activities mutually agreed upon by the Parties, including by strengthening respect for the rule of law, further expanding existing dialogue on human rights, further developing democratic institutions, promoting awareness of human rights, and expanding cooperation within the UN and OSCE human rights bodies.

Article 6international policy and security

The parties will intensify dialogue and cooperation in the field of foreign policy and security and consider, in particular, issues of conflict prevention and crisis management, regional stability, non-proliferation, disarmament and arms control, nuclear security and export control of weapons and dual-use goods. Cooperation is based on common values and mutual interests aimed at increasing the effectiveness and convergence of policies and the use of bilateral, regional and international forums. The parties reaffirm their commitment to the principles of respect for territorial integrity, inviolability of borders, sovereignty and independence, as defined in the UN Charter and the OSCE Helsinki Final Act, as well as their commitment to promoting these principles in their bilateral and multilateral relations.

Article 7cosmic safety

The Parties shall contribute to improving the safety, reliability and sustainability of all activities related to outer space and agree to work together at the bilateral, regional and international levels to ensure the peaceful uses of outer space. Both Sides note the importance of preventing an arms race in outer space.

Article 8 Serious crimes of concern to the international community

The Parties reaffirm that the most serious crimes of concern to the entire international community should not go unpunished, and that their prosecution should be ensured through measures at the national or international level, including through the International Criminal Court. Paying due attention to preserving the integrity of the Rome Statute, the Parties agree to engage in dialogue on the Rome Statute and strive to take measures to achieve its universality in accordance with their legislation, including assistance in capacity-building.

Article 9 Conflict prevention and crisis management

The parties are strengthening cooperation on conflict prevention, regional conflict resolution and crisis management in order to create an environment of peace and stability.

Article 10 Regional stability

The Parties will step up joint efforts to promote stability and security in Central Asia, as well as improve conditions for further regional cooperation based on the principles defined by the UN Charter, the OSCE Helsinki Final Act and other relevant multilateral documents to which both Sides are parties.

Article 11 Countering the proliferation of weapons of mass destruction

The Parties believe that the proliferation of weapons of mass destruction (WMD) and their means of delivery to both State and non-State actors poses one of the most serious threats to international stability and security. The Parties shall cooperate and contribute to countering the proliferation of WMD and its means of delivery by fully complying with and fulfilling their respective international treaty obligations and other relevant international obligations in the field of disarmament and non-proliferation. The Parties agree that this provision is an essential element of this Agreement. Cooperation in this area is carried out, inter alia, by: (a) further developing export control systems for military and dual-use goods and technologies; (b) establishing regular political dialogue on issues covered by this article.

Article 12 Small arms and light weapons

The Parties shall cooperate and ensure coordination, complementarity and collaboration in their efforts to combat the illicit trade in small arms and light weapons, including ammunition, at all relevant levels and agree to continue regular political dialogue, including on a multilateral basis. This cooperation is carried out by the Parties in full compliance with the applicable international treaties and resolutions of the UN Security Council, as well as with their obligations under other international instruments applicable in this field to which the Parties are parties. In this regard, both Sides are convinced of the value of the ATT.

Article 13 Countering terrorism

The Parties agree to work together at the bilateral, regional and international levels to prevent and counter terrorism in full compliance with the rule of law, international law, international human rights standards, humanitarian law and relevant UN resolutions, including the UN Global Counter-Terrorism Strategy. Cooperation between the Parties is aimed at: (a) implementing, as necessary, UN resolutions, the UN Global Counter-Terrorism Strategy and their obligations under other international conventions and instruments in the field of countering terrorism; (b) exchanging information on planned and committed terrorist acts, forms and methods of their implementation and terrorist groups that plan, commit or have committed a crime on the territory of the other Party, in accordance with international law and national legislation; (c) Exchange of experience in preventing all forms of terrorism, including public incitement using the Internet to commit a terrorist crime, as well as experience in counter-terrorism tools and methods, technical expertise, and training offered or funded by institutions, bodies and agencies of the European Union; (d) strengthening common efforts to combating the financing of terrorism and exchanging views on radicalization and recruitment processes; and (e) sharing best practices in the field of human rights protection in the fight against terrorism.

SECTION III TRADE AND ENTREPRENEURSHIP

CHAPTER 1 TRADING IN GOODS

Article 14 Most-favored-nation regime

1. Each Party grants the most-favored-nation (MFN) treatment to the goods of the other Party in accordance with Article I of the General Agreement on Tariffs and Trade of 1994 (GATT 1994), including the Explanatory Notes thereto, which are incorporated into this Agreement and are part of it mutatis mutandis. 2. Paragraph 1 does not apply to preferential treatment granted by any Party to goods from another country in accordance with GATT 1994.

Article 15 National regime

Each Party grants national treatment to the goods of the other Party in accordance with Article III of GATT 1994, including the Explanatory Notes thereto, which are included in this Agreement and are part of it mutatis mutandis.

Article 16 Import and export customs duties

Each Party applies import and export customs duties in accordance with its tariff obligations under the WTO.

Article 17 Restrictions on imports and exports

Neither Party may establish or maintain any prohibition or restriction on the import of any goods of the other Party or on the export or sale for export of any goods destined for the territory of the other Party, except for customs duties, taxes or other charges imposed in the form of quotas, import or export licenses or other measures in accordance with Article XI of GATT 1994, including the Explanatory Notes thereto, which are incorporated into this Agreement and are part of it mutatis mutandis.

Article 18 Temporary importation of goods

Each Party shall grant the other Party exemption from taxes and customs duties in respect of temporarily imported goods in the cases and in accordance with the procedures provided for by any international convention on the temporary importation of goods binding on it. This exemption is applied according to the legislation of the Party granting the exemption.

Article 19Transit

The Parties agree that the principle of freedom of transit is an essential condition for achieving the objectives of this Agreement. In this regard, each Party ensures free transit through its territory of goods shipped from the customs territory or destined for the customs territory of the other Party, in accordance with Article V of GATT 1994, including Explanatory Notes thereto, which are included in this Agreement and are part of it mutatis mutandis.

Article 20 Protective measures

Nothing in this Agreement shall prejudice or affect the rights and obligations of any Party under Article XIX of the GATT 1994 and the WTO Agreement on Protective Measures.

Article 21 Special agricultural protection measures

Nothing in this Agreement shall prejudice or affect the rights and obligations of any Party under Article 5 (Special agricultural protective measures) WTO Agreements on agriculture.

Article 22 Anti-dumping and countervailing measures

1. Nothing in this Agreement shall prejudice or affect the rights and obligations of any Party under Article VI of the GATT 1994, the WTO Agreement on the Application of Article VI of the GATT 1994 and the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). 2. Before making a final decision, the Parties shall ensure disclosure of all significant facts under consideration, which are the basis for making a decision on the application of measures, without prejudice to paragraph 5 of Article 6 of the WTO Agreement on the Application of Article VI of the GATT 1994 and paragraph 4 of Article 12 of the Agreement on the CCM. When disclosing information, stakeholders are given enough time to submit their comments. 3. Provided that this does not lead to an unnecessary delay in the investigation, each interested party is given the opportunity to be heard in order to express its opinion during the anti-dumping or countervailing investigations. 4. The dispute settlement provisions of this Agreement shall not apply to the provisions of this article.

Article 23 Price formation

Each Party shall ensure that enterprises or organizations to which it grants special or exclusive rights or which it controls and which sell goods on the domestic market, as well as export the same products, keep separate records so that the following are clearly established: (a) expenses and income related to activities in the domestic market and the international market; and (b) detailed information on the methods of determining or allocating expenses and income from activities in the domestic and international market. This separate accounting is based on the principles of causal accounting, objectivity, transparency and consistency in accordance with internationally recognized accounting standards and on audit data.

Article 24Exclusions

1. The Parties confirm that their existing rights and obligations under Article XX of GATT 1994 and the Explanatory Notes thereto apply mutatis mutandis to trade in goods covered by this Agreement. To this end, Article XX of GATT 1994 and its Explanatory Notes are incorporated into this Agreement and are part of it mutatis mutandis. 2. The Parties understand that before taking any measures provided for in subparagraphs (i) and (j) of Article XX of GATT 1994, the Party that intends to take measures shall provide the other Party with all relevant information in order to find a solution acceptable to the Parties. The parties may agree on any measures necessary to overcome difficulties. If the Parties have not reached an agreement within 30 days after providing such information, the Party may apply measures in respect of the product in question in accordance with this article. If exceptional and critical circumstances requiring immediate action make it impossible to provide information or study in advance, the Party that intends to take action may immediately apply the precautions necessary to resolve the situation and immediately inform the other Party. 3. The Republic of Kazakhstan may retain certain measures that do not comply with Articles 14, 15 and 17 of this Agreement, which are defined in the Protocol on the Accession of the Republic of Kazakhstan to the WTO, until the expiration of the transitional periods provided for these measures in this Protocol.

CHAPTER 2THE CUSTOMS

Article 25 Customs cooperation

1. The Parties shall strengthen cooperation in the field of customs in order to ensure a transparent trading environment, facilitate trade, enhance supply chain security, enhance consumer safety, impede the flow of goods infringing intellectual property rights, and combat smuggling and fraud. 2. To achieve these objectives and within the limits of available resources, the Parties shall cooperate, inter alia, in order to: (a) improve customs legislation, harmonize and simplify customs procedures in accordance with international conventions and standards applicable in the field of customs and trade facilitation, including those developed by the European Union (including Practical Recommendations on Customs Customs Blueprints), the World Trade Organization and the World Customs Organization (in particular the revised Kyoto Convention); (b) the establishment of modern customs systems, including modern customs clearance technologies, regulations on authorized economic operators, automated risk-based analysis and control, simplified procedures for the release of goods, post-customs control, transparent customs assessment and regulations on partnership between customs and business; (c) the promotion of the highest standards of professional ethics in the field of customs, in particular at the border, by applying measures reflecting the principles set out in the Arusha Declaration of the World Customs Organization; (d) sharing best practices, providing training and technical assistance to plan and strengthen capacities and ensure the highest standards of professional ethics; (e) exchanging relevant information and data, if necessary, while respecting the Parties' rules on confidentiality of classified data and personal data protection; (f) participating in coordinated customs actions between customs authorities. by the authorities of the Parties; (g) establishing, where appropriate and appropriate, mutual recognition of authorized economic operators and customs control programs, including equivalent trade facilitation measures; (h) developing, where appropriate and appropriate, opportunities for interconnection of relevant Customs transit systems. 3. The Cooperation Council establishes a Subcommittee on Customs Cooperation. 4. A regular dialogue is held on the issues covered by this chapter. The Cooperation Committee may establish rules for conducting such a dialogue.

Article 26 Reciprocal administrative assistance

Without prejudice to other forms of cooperation provided for in this Agreement, in particular in Article 25, the Parties shall provide each other with mutual administrative assistance in customs matters in accordance with the Protocol on Mutual Administrative Assistance in Customs Matters to this Agreement.

Article 27 Customs assessment

The customs valuation of goods in trade between the Parties is regulated by the Agreement on the Application of Article VII of the GATT 1994. Its provisions are incorporated into this Agreement and are part of it mutatis mutandis.

CHAPTER 3 TECHNICAL BARRIERS TO TRADE

Article 28 WTO Agreement on Technical Barriers to Trade

The Parties confirm that in their relations they will comply with the rights and obligations of the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which is included in this Agreement and is part of it mutatis mutandis.

Article 29technical regulation, standardization, metrology, accreditation, market surveillance and conformity assessment

1. The Parties agree to: (a) reduce existing differences between them in the fields of technical regulation, standardization, legal metrology, accreditation, market surveillance and conformity assessment, including by encouraging the use of accepted international instruments in these areas; (b) promote the use of accreditation in accordance with international regulations in support of regulatory authorities. conformity assessment and their activities; and (c) to promote the participation and, where possible, membership of the Republic of Kazakhstan and its relevant authorities in European organizations whose activities are related to standardization, metrology, conformity assessment and related functions. 2. The Parties strive to establish and maintain a process based on which a gradual convergence of their technical regulations, standards and conformity assessment procedures will be achieved. 3. For areas where convergence has been achieved, the Parties may consider negotiating agreements on conformity assessment and recognition of industrial products.

Article 30transparentness

1. Without prejudice to the provisions of Chapter 13 (Transparency) of this Section, each Party shall ensure that its procedures for the development of technical regulations and conformity assessment procedures include public discussion with stakeholders at an appropriate early stage, when comments received as a result of the public discussion can still be introduced and taken into account, except in the following cases: when this is not possible due to an emergency or threat of an emergency to safety, health, environmental protection or national security. 2. In accordance with paragraph 9 of Article 2 of the TBT Agreement, each Party provides a comment period at an appropriate early stage after notification of proposed technical regulations or conformity assessment procedures. If the process of discussing proposed draft technical regulations or conformity assessment procedures is open to the public, each Party shall allow the other Party or individuals or legal entities located on the territory of the other Party to participate in it on terms no less favorable than those provided to individuals or legal entities located on the territory of that Party. 3. Each Party shall ensure that its adopted technical regulations and conformity assessment procedures are publicly available.

CHAPTER 4 SANITARY AND PHYTOSANITARY ISSUES

Article 31 Purpose

The purpose of this chapter is to establish principles applicable to sanitary and phytosanitary (SPS) measures and animal protection issues in trade between the Parties. These principles are applied by the Parties in such a way as to facilitate trade, while maintaining the level of protection of human life or health, animals or plants of each Party.

Article 32principles

1. The Parties shall ensure that SPS measures are developed and applied based on the principles of proportionality, transparency, non-discrimination and scientific validity. 2. A Party shall ensure that its SPS measures do not serve as a means of arbitrary or unjustified discrimination between its territory and that of another Party, provided that identical or similar conditions prevail. SPS measures are not applied in a way that would constitute a hidden restriction of trade. 3. The Parties shall ensure that SPS measures, procedures or controls are implemented and requests for information are met by the relevant authorities of each Party without undue delay, as well as in a manner no less favorable for imported products than for similar domestic products.

Article 33 Import requirements

1. The import requirements of the importing Party shall apply to the entire territory of the exporting Party, subject to Article 35 of this chapter. The import requirements set out in the certificates are based on the principles of the Codex Alimentarius Commission (Codex), the World Organization for Animal Health (OIE) and the International Convention on Quarantine and Plant Protection (IPPC), unless the import requirements are supported by a scientifically based risk assessment conducted in accordance with applicable international rules provided for by the WTO Agreement on application of sanitary and phytosanitary measures (SPS Agreement). 2. The requirements set out in import permits do not contain stricter sanitary and veterinary conditions than those set out in the certificates specified in paragraph 1 of this article.

Article 34equivalence

At the request of the exporting Party and subject to a satisfactory assessment by the importing Party, the Parties shall recognize equivalence, following relevant international procedures, with respect to a single measure and/or groups of measures and/or systems applied as a whole or to a sector or part of a sector.

Article 35 Animal and plant health measures

1. The Parties recognize the concept of pest- or disease-free zones and zones with low pest or disease prevalence in accordance with the SPS Agreement and relevant standards, guidelines or recommendations of the Codex, OIE and IPPC. 2. When determining pest- or disease-free zones and areas with a low prevalence of pests or diseases, the Parties shall take into account such factors as geographical location, ecosystems, epidemiological surveillance and the effectiveness of sanitary or phytosanitary control in such zones.

Article 36 Simplification of trade procedures

1. The Parties shall develop and apply trade facilitation instruments based on the recognition by the importing Party of the inspection and certification systems of the exporting Party. 2. Such trade facilitation instruments are aimed at avoiding the inspection by the importing Party of each consignment of goods or each exporting enterprise in the territory of the exporting Party in accordance with the applicable legislation. They may include the approval of the exporting enterprise and the creation of lists of exporting enterprises located in the territory of the exporting Party, based on guarantees given by the exporting Party.

Article 37 Inspections and audits

Inspections and audits conducted by the importing Party in the territory of the exporting Party to evaluate the latter's inspection and certification systems are carried out in accordance with relevant international standards, guidelines and recommendations. The costs of inspections and audits are borne by the Party conducting the audits and inspections.

Article 38 Information exchange and cooperation

1. The Parties shall discuss and exchange information on existing SPS measures and measures for the protection of animals and on their development and application. Such discussions and information exchanges take into account, as appropriate, the SPS Agreement and the standards, guidelines or recommendations of the Codex, OIE and IPPC. 2. The Parties agree to cooperate on the protection of animals and plants through the exchange of information, expertise and experience in order to build capacity in this area. Such cooperation is specifically aimed at meeting the needs of a Party and is carried out in order to assist each Party in complying with the legal framework of the other Party. 3. The Parties shall establish a regular dialogue on SPS issues at the request of either Party to address issues related to the SPS and other urgent matters covered by this Chapter. The Cooperation Committee may adopt rules for conducting such dialogues. 4. The Parties shall designate and regularly clarify contact points for the exchange of information on issues covered by this chapter.

CHAPTER 5 TRADE IN SERVICES AND ESTABLISHMENT

SECTION 1 GENERAL PROVISIONS

Article 39 Purpose, scope and scope

1. The Parties, reaffirming their respective obligations under the WTO Agreement, hereby establish the necessary arrangements to improve mutual conditions for trade in services and institutions. 2. Nothing in this chapter shall be interpreted as imposing any obligation with respect to public procurement, which is the subject of the provisions of Chapter 8 (Public procurement) of this Section. 3. The provisions of this Chapter shall not apply to subsidies provided by the Parties. 4. In accordance with the provisions of this Agreement, each Party reserves the right to regulate and introduce new regulation in order to achieve legitimate goals. 5. This chapter does not apply to measures affecting individuals seeking access to the employment market of the Republic of Kazakhstan or the European Union, nor does it apply to measures relating to citizenship, permanent residence or permanent employment. 6. Nothing in this chapter prevents the Parties from applying measures to regulate the entry of individuals into their territory or their temporary stay there, including measures necessary to protect the integrity of their borders and ensure the orderly movement of individuals across their borders, provided that such measures are not applied in such a way as to nullify or reduce benefits. received by either Party in accordance with the provisions of this Chapter 1. 7. This chapter does not apply to measures established or maintained by the Parties affecting trade in services and institutions in the audiovisual sector.

___________________1 The mere fact that individuals from certain countries are required to obtain visas and the absence of such a requirement for individuals from other countries is not considered to cancel or reduce benefits under this Agreement.

Article 40 Definitions

For the purposes of this chapter: (a) "measure" means any measure by a Party in the form of a law, regulation, rule, procedure, decision, administrative action or in any other form; (b) "measures established or supported by a Party" means measures taken by: (i) central, regional or local governments or the authorities of the Party; and (ii) non-governmental organizations of the Party in the exercise of powers delegated by the central, regional or local Governments or authorities of the Party; (c) "natural person of the Republic of Kazakhstan" or "natural person of the European Union" means a citizen of the Republic of Kazakhstan or one of the member States of the European Union, according to their legislation; (d) "legal entity" means any institution having a legal status, duly incorporated or otherwise organized in accordance with applicable law, for profit or for any other purpose, and privately or publicly owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association; (e) "legal entity of the Party" means a legal entity of the Republic of Kazakhstan or the European Union, established in accordance with the legislation of the Republic of Kazakhstan or a member State of the European Union, respectively, and having its registered office, central administration or main place of business in the territory of the Republic of Kazakhstan or in the territory to which the Agreement on the Functioning of the Of the European Union, respectively; If a legal entity established in accordance with the legislation of the Republic of Kazakhstan or a member State of the European Union has only its legal address or central administration in the territory of the Republic of Kazakhstan or in the territory to which the Treaty on the Functioning of the European Union applies, respectively, it is not considered as a legal entity of the Republic of Kazakhstan or the European Union The Union, respectively, unless it carries out significant business operations on the territory of the Republic of Kazakhstan or on the territory of, to which the Treaty on the Functioning of the European Union applies, respectively; (f) Notwithstanding paragraph (e), with respect to international maritime transport, including intermodal transport operations using the offshore area, shipping companies established outside the Republic of Kazakhstan or the European Union and controlled by citizens of the Republic of Kazakhstan or a member State of the European Union, respectively, shall also benefit from the provisions of this chapter., if their vessels, in accordance with the relevant legislation, are registered in the Republic of Kazakhstan or in a member State of the European Union and sail under the flag of the Republic of Kazakhstan or a member State of the European Union.; (g) "economic integration agreement" means an agreement that substantially liberalizes trade in services, including establishment, in accordance with the WTO General Agreement on Trade in Services (GATS), in particular Articles V and V bis of the GATS, and/or contains provisions that substantially liberalize establishment in other economic activities; meeting, mutatis mutandis, the criteria of Articles V and V bis of the GATS in relation to such activities; (h) "economic activity" includes activities of an economic nature, with the exception of economic activities carried out in the performance of functions of public authority; (i) "economic activities carried out in the performance of functions of public authority" means activities carried out on a non-commercial basis and not in competition with one or more economic operators; ((j) "Activity" means the implementation and maintenance of economic activities; (k) "subsidiary" of a legal entity means a legal entity that is under the effective control of another legal entity of the same Party.1; l) a "branch" of a legal entity means a division that does not have the status of a legal entity, which has a sign of permanence, as an offshoot of the parent company, is managed and financially equipped to conduct business with third parties, so that such third parties, knowing that, if necessary, a legal connection with the parent company will be established, the head office which is located abroad, should not deal directly with this parent company, but can do business in this division, which is an offshoot of the parent company.; (m) "Establishment" means any type of business or commercial presence, including: (i) the establishment, acquisition or maintenance of a legal person2; or

___________________1 A legal entity is under the control of another legal entity if the latter has the authority to appoint the majority of its directors or otherwise lawfully direct its activities. 2 The terms "creation" and "acquisition" of a legal entity are understood as including participation in the capital of a legal entity for the purpose of establishing and maintaining long-term economic relations.

(ii) the establishment or maintenance of a branch or representative office in the territory of a Party for the purpose of carrying out economic activities. (n) "investor" of the Party means a natural or legal person who seeks to carry out or carries out economic activities by establishing an institution; (o) "services" includes any service2 in any sector, with the exception of services provided in the performance of public authority functions; (p) "service provided in the performance of public authority functions" means any service that is provided on a non-commercial basis and not in competition with one or more service providers; (q) "service provider" means any natural or legal person who provides a service; (r) "service delivery" includes production, distribution, marketing, sale and delivery of services.

___________________1 Representative offices of a legal entity of the other Party are not allowed to carry out economic activities on a commercial basis in the territory of the Republic of Kazakhstan. The European Union reserves the right to take retaliatory measures in this regard.2 For the sake of clarity, for the purposes of this chapter, services are considered to be those listed in WTO document MTN.GNS/W/120 in its latest version.

SECTION 2 INSTITUTION AND CROSS-BORDER SUPPLY OF SERVICES

SUBSECTION 1ALL TYPES OF ECONOMIC ACTIVITY

Article 41 Scope and coverage

1. This subsection applies to measures of the Parties affecting the institution in all types of economic activities and the cross-border supply of services. 2. The Parties confirm their respective rights and obligations arising from their obligations under the GATS. For greater certainty, with regard to services, the relevant Lists of specific obligations of the Parties under GATS1, including reservations and lists of exceptions to the most-favored-nation regime, are included in this Agreement and are part of it and are subject to application.

___________________1 For the Republic of Kazakhstan, the link includes the Services Section of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.

Article 42 Gradual improvement of conditions for the institution

1. The Cooperation Committee, which meets in the trade structure, makes recommendations to the Parties on further liberalization of the institution in the context of this Agreement. 2. The Parties shall strive to avoid taking any measure that creates more restrictive conditions for the institution compared to the situation that exists on the day preceding the date of signing this Agreement.

Article 43 Gradual improvement of conditions for the cross-border supply of services

1. The Parties fully recognize the importance of liberalizing the cross-border supply of services between the Parties. 2. The Cooperation Committee, which meets in the trade structure, makes recommendations to the Parties on further liberalization of cross-border supply of services in the context of this Agreement.

SUBSECTION 2 ECONOMIC ACTIVITY, WITH THE EXCEPTION OF THE SERVICE SECTOR

Article 44 Scope and coverage

This subsection applies to measures of the Parties affecting the institution in all types of economic activity, with the exception of the service sector.

Article 45 The most favored nation regime

1. Each Party shall grant legal entities of the other Party treatment no less favorable than that which it grants to legal entities of any third country with respect to their establishment. 2. Each Party shall provide legal entities of the other Party with a regime no less favorable than that which it provides to legal entities of any third country with respect to the activities of legal entities of the other Party established in the territory of the first Party. 3. Any advantage, privilege, privilege or immunity with respect to local content requirements granted by the Republic of Kazakhstan to WTO member legal entities established in the Republic of Kazakhstan in the form of a legal entity shall be granted immediately and unconditionally to European Union legal entities established in the Republic of Kazakhstan in the form of a legal entity. 4. The regime provided in accordance with paragraphs 1 and 2 does not apply to the regime provided by a Party in accordance with economic integration agreements, free trade agreements, double taxation agreements and agreements mainly regulating taxation issues, and is not interpreted as extending to investment protection, except for the regime resulting from Article 46, including dispute settlement procedures between the investor and the State. 5. Notwithstanding paragraph 4, in any case, with respect to strategic resources and facilities, the Republic of Kazakhstan does not provide subsidiaries of legal entities of the European Union established in the Republic of Kazakhstan in the form of a legal entity with less favorable treatment than that provided after the date of commencement of application of this Section to subsidiaries of legal entities of any third country established in the Republic of Kazakhstan. Kazakhstan in the form of a legal entity.

Article 46 National regime

Subject to the exceptions of the Parties provided for in Annex I, (a) each Party shall provide subsidiaries of legal entities of the other Party established in the territory of the first Party with treatment no less favourable than that granted to its own legal entities in respect of their activities; (b) The Republic of Kazakhstan provides legal entities and branches of the European Union with treatment no less favorable than that provided to legal entities and branches of the Republic of Kazakhstan, respectively, with respect to their establishment and economic activities, with the exception of the service sector. The national treatment provided by the Republic of Kazakhstan does not prejudice the terms of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.

SECTION 3 TEMPORARY PRESENCE OF INDIVIDUALS FOR BUSINESS PURPOSES

Article 47 Coverage and definitions

1. This section applies to measures of the Parties concerning the entry and temporary stay in their territories of business visitors for the purposes of establishment, intra-corporate transfers and contractual service providers, in accordance with paragraphs 5 and 6 of Article 39.2. For the purposes of this section: (a) "business visitors for the purposes of the institution" means individuals working in a managerial position in a legal entity of a Party who are responsible for establishing an institution in the territory of the other Party. They do not offer or provide services, or participate in any other economic activities other than those required for the purposes of the institution. They do not receive remuneration from a source located in the receiving Party; (b) "intra-corporate transfers" means individuals who have been employed by or partnered with a Party's legal entity for at least one year and who have been temporarily transferred to an institution that may be a subsidiary, branch, or parent company of the Party's legal entity. territories of the other Side.

___________________1 For the sake of clarity, the partners are part of the same legal entity.

This individual must belong to one of the categories defined in the relevant Lists of Obligations of the Parties under the GATS, which for the purposes of this section apply to all types of economic activity.; (c) "contractual service provider" means an individual employed by a Party's legal entity, which is not itself an employment and recruitment agency and does not operate through such agencies, and which does not have an establishment in the territory of the other Party, and which has entered into a bona fide contract1 for the supply of services with the end user in the latter Party, requiring the presence of his employees on a temporary basis in the latter Party in order to fulfill the contract for the supply of services;

___________________1 The service supply contract complies with the laws, regulations, and legal requirements of the Party in which the contract is being executed.

(d) "qualifications" means diplomas, certificates and other certificates of official qualifications issued by an authority designated in accordance with legislative, regulatory or administrative provisions attesting to successful completion of professional training.

Article 48incorporate transfers and business visitors for the purposes of the institution

1. With regard to the service sector, the Parties reaffirm their respective obligations arising from their GATS obligations regarding the entry and temporary stay of intra-corporate transfers or business visitors for the purposes of the establishment. The exceptions listed in them are subject to application2.

___________________2 For the sake of clarity, the exemptions also include exemptions in the definitions of categories of intra-corporate transfers and business visitors for the purposes of the institution.

2. With respect to economic activities, with the exception of services, and subject to the exceptions specified in annex II: (a) each Party shall permit investors engaged in the production of goods in the territory of the other Party to transfer intra-corporate transfers defined in subparagraph (b) paragraph 2 of article 47, and business visitors for the purposes of the institution as defined in subparagraph (a) paragraph 2 of article 47. Entry and temporary stay are allowed for intra-corporate transfers for a period of up to three years and for business visitors for the purposes of the institution for ninety days in any 12-month period; (b) no Party retains or establishes measures that are defined as restrictions on the total number of individuals that an investor can transfer as intra-corporate transfers or business visitors for the purposes of the institution, in the form of quantitative quotas or the requirement of an economic feasibility test and as discriminatory restrictions.

Article 49The suppliers of services under the contract

1. The Republic of Kazakhstan permits the supply of services on its territory to legal entities of the European Union through the presence of individuals who are citizens of the Member States of the European Union, subject to the following conditions: (a) individuals entering the Republic of Kazakhstan have: (i) a university degree or a high technical qualification demonstrating knowledge of an equivalent level; and (ii) professional qualifications, where required to carry out activities in the relevant sector in accordance with the laws, regulations or requirements of the Republic of Kazakhstan; (b) individuals do not receive remuneration for the provision of services, with the exception of remuneration paid by a legal entity of the European Union, during their stay in the Republic of Kazakhstan; (c) individuals entering the Republic of Kazakhstan work in a legal entity of the European Union for at least one year prior to the date of application for entry into the Republic of Kazakhstan. In addition, individuals, as of the date of application for entry into the Republic of Kazakhstan, have at least five years of professional experience in the sector of activity that is the subject of the contract; (d) The Republic of Kazakhstan may apply the economic feasibility test and the annual quota for work permits reserved for service providers under the European Union contract who receive access to the services market of the Republic of Kazakhstan. The total number of service providers under the European Union contract entering the service market of the Republic of Kazakhstan does not exceed 800 people per year; (e) after the expiration of the five-year period after the accession of the Republic of Kazakhstan to the WTO, the economic feasibility test is not applied1. During the period when the Republic of Kazakhstan applies the economic feasibility test1, the entry and temporary stay of individuals in the Republic of Kazakhstan in order to fulfill the contract amounts to a total of no more than four months in any 12-month period or the duration of the contract, whichever is shorter. After the expiration of the five-year period after the entry of the Republic of Kazakhstan into the WTO, entry and temporary stay together amount to no more than six months in any 12-month period or the duration of the contract, whichever is shorter. Legal entities of the European Union are responsible for the timely departure of their employees from the territory of the Republic of Kazakhstan.

___________________1 All other requirements, laws, and regulations governing entry, stay, and work continue to apply.1 For the sake of clarity, for the Republic of Kazakhstan, the "economic feasibility test" means the procedures used by a legal entity of the Republic of Kazakhstan when recruiting service providers under a contract, according to which the conditions of the national labor market must be taken into account when hiring foreign labor. These conditions are considered fulfilled if, after the publication of the vacancy announcement in the media and after searching for a competent person in the database of the competent authority, none of the applicants meets the requirements described in the vacancy. This procedure should not take more than one month. Only after this procedure can a legal entity complete the procedure for hiring service providers under the contract.

2. The Republic of Kazakhstan permits the supply of services to its territory to legal entities of the European Union through the presence of natural persons, if the contract for the provision of services meets the following conditions: (a) the contract for the provision of services: (i) is concluded directly between a legal entity of the European Union and the end user, which is a legal entity of the Republic of Kazakhstan; (ii) requires the temporary presence of employees of this legal entity in the territory of the Republic of Kazakhstan to provide services; and (iii) complies with the laws, regulations and requirements of the Republic of Kazakhstan. (b) the contract for the provision of services is concluded in one of the following sectors of activity, which are included and defined in the List of Obligations of the Republic of Kazakhstan under the GATS: (i) legal services (ii) accounting and invoice verification services (iii) tax services (iv) architectural services (v) engineering services (vi) integrated engineering services (vii) urban planning and landscape design services (viii) computer and related services (ix) advertising services (x) market research services (xi) management consulting services (xii) services, management consulting services (xiii) technical testing and analysis services (xiv) consulting services in the mining industry (xv) consulting services in related scientific and technical fields (xvi) translation and interpretation services (xvii) maintenance and repair of equipment, including transport equipment, in the context of the after-sales service agreement (xviii) services related to environmental protection. (c) access provided in accordance with this paragraph applies only to the provision of services that are the subject of the contract; it does not give the right to use the name of the profession in the territory of the Republic of Kazakhstan. 3. The European Union reaffirms its relevant obligations under the GATS obligations with respect to the entry and temporary stay of contractual service providers. The exceptions listed in them are subject to application.1

___________________1 For the sake of clarity, exceptions also include exceptions in category definitions.

Article 50 The most favored nation regime

1. The treatment provided by the European Union to service providers under a contract of the Republic of Kazakhstan is no less favorable than the treatment provided to service providers under a contract of any third country. 2. The treatment provided under other agreements concluded by the European Union with a third party, notified in accordance with Article V of the GATS or which benefit from the coverage of the List of Exemptions from the Most-Favored-nation Regime of the European Union under the GATS, is excluded from the scope of paragraph 1. The regime resulting from the harmonization of regulations based on agreements concluded by the European Union providing for mutual recognition in accordance with Article VII of the GATS is also excluded from the scope of paragraph 1.3. If the Republic of Kazakhstan provides service providers under a contract of any other WTO member, with the exception of the CIS countries and countries that are parties to economic integration agreements with the Republic of Kazakhstan, with a more favorable treatment than that provided for in this Agreement, that treatment shall apply to service providers under a contract of the European Union. The regime resulting from the harmonization of regulations on the basis of agreements concluded by the Republic of Kazakhstan providing for mutual recognition in accordance with Article VII of the GATS is also excluded from this provision.

Article 51 Gradual improvement of conditions for the temporary presence of physical persons for business purposes

The Cooperation Committee, which meets in the trade structure, makes recommendations to the Parties on further liberalization of the temporary presence of individuals for business purposes.

SECTION 4INTERNATIONAL REGULATION

Article 52 Scope and coverage

1. The rules provided for in Article 53 apply to measures of the Parties related to licensing and qualification procedures that affect: (a) cross-border supply of services; (b) establishment; (c) supply of services through the presence of an individual in the territory of the other Party in accordance with section 3 of this chapter. 2. The rules provided for in article 53 apply to all types of economic activities falling within the scope of this chapter. With respect to services, they are applied within the specific obligations of the relevant Party under GATS1. These rules do not apply to measures if they constitute restrictions to be listed in accordance with Article XVI or XVII of the GATS.

___________________1 For the Republic of Kazakhstan, the link includes the Services Section of the Protocol on the Accession of the Republic of Kazakhstan to the WTO.

Article 53licensing and qualification

1. Each Party shall ensure that licensing and qualification procedures for obtaining authorization for the supply of services or an institution are reasonable, understandable and consistent with the fundamental objectives of the policy, taking into account the nature of the requirements and criteria being evaluated, and do not in themselves constitute a restriction on the supply of services or institutions. 2. If there are specific deadlines for applications, the applicant is given a reasonable time to submit the application. The competent authority begins processing the application without undue delay. Whenever possible, applications should be accepted in electronic format under the same conditions of authenticity as applications submitted in paper format. 3. Whenever possible, certified copies should be accepted instead of the original documents. 4. Each Party shall ensure that the processing of the application, including the final decision, is carried out within a reasonable period specified in its legislation, or in any case without undue delay. Each Party strives to establish normal deadlines for processing the application. Each Party shall ensure that, upon issuance, the license or permit enters into force without undue delay in accordance with the conditions specified therein. 5. Each Party shall ensure that the license levies1 are reasonable in terms of the costs incurred by the competent authorities and do not in themselves limit the provision of services or the establishment.

___________________1 License fees do not include fees for the use of natural resources, fees for auctions, tenders or other non-discriminatory methods of granting concessions, as well as mandatory fees for the provision of universal services.

6. If the competent authority considers that the application is incomplete or decides that it needs additional information, it shall, within a reasonable period of time: (a) inform the applicant, (b) determine the required information as far as possible, and (c) provide an opportunity to correct the deficiencies as far as possible. 7. If the competent authority rejects the application, it shall notify the applicant without undue delay and, if possible, in writing. Upon request, the competent authority should inform the applicant of the reasons for rejecting the application and, if possible, of any identified deficiencies. He must inform the applicant about the procedures for appealing the decision in accordance with the relevant legislation. The competent authority should allow the applicant to submit a new application in accordance with the established procedures of the relevant authority, except in cases where the relevant authority limits the number of licenses or qualification definitions. 8. Each Party shall ensure that the procedures applied by the competent authority and its decisions during the licensing or authorization procedure are impartial with respect to all applicants. The competent authority should make its decisions independently and should not be accountable to any service provider or investor that requires a license or permit.

SECTION 5 REGULATIONS ON INDIVIDUAL SECTORS

Article 54International maritime transport

1. This article establishes the principles of liberalization of international maritime transport services. This Article is without prejudice to the rights and obligations arising from the obligations of each Party under the GATS. 2. For the purposes of this article, "international maritime transport" includes door-to-door transportation and multimodal transportation, which means the transportation of goods using several modes of transport, including along the sea section, according to a single transport document, and for this purpose including the right of international maritime transport service providers to directly conclude contracts with suppliers of other types of transport. 3. With respect to the types of activities referred to in paragraph 4 carried out by shipping agencies to provide services in relation to international maritime transport, each Party shall permit legal entities of the other Party to establish subsidiaries or branches in its territory in accordance with conditions of establishment and activities no less favorable than those provided to its own subsidiaries or branches or subsidiaries, or branches of any third country, depending on which ones are better. This paragraph does not apply to the establishment for the purpose of operating a vessel flying the national flag of the Republic of Kazakhstan or a member State of the European Union. 4. Such activities include, but are not limited to: (a) the marketing and sale of maritime transport and related services carried out through direct contact with customers, from bidding to invoicing, depending on whether these services are provided or offered by the service provider itself or by those service providers with whom the seller I have entered into permanent business agreements; (b) purchase and use on its behalf or on behalf of its customers (and resell to its customers) any transportation and related services, including transportation services provided by any domestic mode of transport, necessary for the delivery of an intermodal service; (c) preparation of documentation related to transportation documents, customs documents or other documents concerning the origin and nature of the goods being transported; (d) the provision of business information by any means, including computerized information systems and electronic data exchange (subject to any non-discriminatory restrictions related to telecommunications); (e) the conclusion of any business agreement with other shipping agencies, including participation in the company's capital and the appointment of locally recruited personnel (or, in the case of appointment of foreign personnel). compliance with the provisions of this Agreement), with any locally established shipping agency; (f) acting on behalf of legal entities, inter alia, when arranging for a ship to enter or receive cargo, if necessary. 5. Taking into account the existing level of liberalization of cross-border supply of services between the Parties in the field of international maritime transport: (a) The Parties effectively apply the principle of unrestricted access to international markets and transactions on a commercial and non-discriminatory basis; (b) each Party shall provide vessels operated by the service providers of the other Party with treatment no less favourable than that provided to its own vessels or to vessels of any third country, whichever is better, with regard, inter alia, to access to ports, the use of port infrastructure and services, the use of marine support services, as well as related fees, payments, customs services, provision of berths and equipment for loading and unloading. 6. When applying the principles set out in paragraph 5, the Parties: (a) shall not apply, from the date of entry into force of this Agreement, any provisions on the division of shipments of bilateral agreements between the Republic of Kazakhstan and any member State of the European Union.; (b) do not include provisions on the separation of cargo shipments in future bilateral agreements with third countries, except in exceptional circumstances where otherwise the liner shipping companies of a Party to this Agreement would not have a realistic opportunity to ply to or from the relevant third country; (c) prohibit agreements on the separation of cargo shipments in future bilateral agreements. agreements concerning trade in bulk and bulk cargoes; (d) after the entry into force of this Agreement, cancel and waive the introduction of any unilateral measures and administrative, technical and other obstacles that may constitute a hidden restriction or have a discriminatory effect on the free supply of services in the field of international maritime transport. 7. Individuals and legal entities of the European Union providing international maritime transport services freely provide international sea-river services in the internal waters of the Republic of Kazakhstan and vice versa. 8. The Parties provide the following services in the port to the international maritime transport service providers of the other Party on reasonable and non-discriminatory terms: pilotage, towing, food, fuel and water supplies, garbage collection and ballast water disposal, port captain services, navigation assistance, shore-based operational services necessary for the activities of ships, including communications, water and power supply, emergency repairs, anchoring, mooring and mooring services. 9. If the Republic of Kazakhstan offers a more favorable regime for maritime transport to any other WTO member, with the exception of the coastal States of the Caspian Sea and the CIS countries, the same conditions apply to individuals and legal entities of the European Union.

Article 54 BIS Automobile, railway, inland waterway and air transportation

In order to ensure the coordinated development of transportation between the Parties that meets their mutual commercial needs, the conditions for mutual access to the markets of road, rail and inland waterway transportation and, if applicable, air transportation may be specified in possible specific agreements between the Parties concluded after the entry into force of this Agreement.

SECTION 6EXCLUSIONS

Article 55 General exceptions

1. Subject to the requirement that such measures are not applied in a manner that creates arbitrary or unjustifiable discrimination between countries where similar conditions prevail, or a hidden restriction on an institution, including activities, or on the cross-border supply of services, nothing in this chapter shall be interpreted as preventing any Party from taking or applying measures: (a) necessary to protect public safety or public morals or to maintain public order1;

___________________1 Exceptions for reasons of maintaining public order can be applied only when there is a real and serious enough threat to one of the fundamental interests of society.

(b) necessary to protect the life or health of humans, animals or plants; (c) related to the conservation of depleted natural resources, if such measures are applied along with restrictions on domestic investors or domestic provision or consumption of services; (d) necessary to protect national treasures of artistic, historical or archaeological value.; (e) necessary to comply with laws or regulations that do not conflict with this Section, including those related to: (i) preventing misleading and unfair practices or necessary to overcome the consequences of non-compliance with contracts; (ii) protecting against interference with the privacy of individuals in the processing and dissemination of personal data and protecting the confidentiality of personal information and accounts; (iii) security; (f) incompatible with Article 46, provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes on the economic activities, investors or service providers of the other Party.1

___________________1 Measures aimed at ensuring the effective or fair taxation of direct taxes or their collection include measures taken by a Party in accordance with its taxation system that: (i) apply to investors and service providers who are not residents, taking into account the fact that the tax liability of non-residents is determined in relation to taxable items that occur or located on the territory of this Party; (ii) apply to non-residents in order to ensure taxation or collection of taxes in the territory of that Party; (iii) apply to non-residents or residents in order to prevent tax avoidance or tax evasion, including compliance measures; (iv) apply to consumers of services supplied to or from the territory of the other Party in order to to ensure the taxation or collection of taxes from such consumers from sources in the territory of this Party; (v) distinguish between investors and service providers subject to worldwide taxation and other investors and service providers, recognizing the different nature of their tax bases; or (vi) determine, allocate, or allocate income, profit, benefit, loss, deduction, or credit to individuals or affiliates residents, or between related parties or branches of the same person in order to protect the tax base of this Party. 2. This chapter does not apply to the respective social security systems of the Parties or to activities in the territory of each Party that are related to the performance of public authority functions.

SECTION 7INVESTMENTS

Article 56 Review and consultation

In order to identify any barriers to investment, the Parties jointly review the investment legal framework no later than three years after the date of commencement of application of this Section. Based on this review, they will consider the possibility of starting negotiations to remove such barriers in order to complement this Agreement, including with regard to the general principles of investment protection.

CHAPTER 6 CAPITAL MOVEMENTS AND PAYMENTS

Article 57The current account

1. The Parties shall allow any payments and transfers to the current account of the balance of payments between the Parties in freely convertible currency and in accordance with the Articles of Agreement of the International Monetary Fund, where applicable.

_____________________________________________________________________ The tax terms or concepts in paragraph (f) and in this footnote are defined in accordance with the tax definitions and concepts, or equivalent or similar definitions and concepts under the national legislation of the Party adopting the measure.

Article 58 Movement of capital

1. With respect to transactions in the capital and financial balance of payments accounts, and without prejudice to other provisions of this Agreement, the Parties undertake not to impose restrictions on the free movement of capital related to direct investments carried out in accordance with the legislation of the receiving party, economic activities covered by Chapter 5 (Trade in services and establishment) of this Agreement, and liquidation and repatriation of such invested capital and any profits derived from it. 2. With respect to transactions in the capital and financial balance of payments accounts not covered by paragraph 1, and without prejudice to other provisions of this Agreement, each Party shall ensure, in accordance with its legislation, the free movement of capital related, inter alia, to: (a) loans related to commercial transactions, including the provision of services in which a resident of the Party participates; (b) by financial loans and credits; or (c) by capital participation in a legal entity without the intention of establishing or maintaining long-term economic ties. 3. Without prejudice to other provisions of this Agreement, the Parties shall not impose any new restrictions on the movement of capital between residents of the Parties and shall not make existing agreements more restrictive. 4. The Parties may hold consultations in order to further facilitate the movement of capital between them.

Article 59Exclusions

Subject to the requirement that such measures are not applied in a manner that creates a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, or a hidden restriction on the movement of capital, nothing in this chapter shall be interpreted as preventing any Party from taking or applying measures: (a) necessary to protect public safety and public morals or to maintain public order; (b) necessary to comply with laws or regulations that do not conflict with the provisions of this Section, including those related to: (i) the prevention of criminal or criminal offenses, misleading and unfair practices, or necessary to overcome the consequences of non-compliance with contracts (bankruptcy, insolvency and protection of creditors' rights); (ii) measures established or maintained to ensure the integrity and stability of the Party's financial system; (iii) issuing, trading, or dealing in securities, options, futures, or other derivative financial instruments; (iv) financial reporting or accounting for money transfers, if necessary to assist law enforcement or financial regulatory authorities; or (v) enforcement of orders or court decisions based on judicial and administrative processes.

Article 60 Interim protective measures with respect to capital movements, payments or transfers

In exceptional cases, if there are serious difficulties for the implementation of monetary and exchange rate policies in the case of the Republic of Kazakhstan, or for the activities of the economic and monetary union in the case of the European Union, or threats against them, the interested Party may, if absolutely necessary, take protective measures with respect to capital flows, payments or transfers for a period of no more than one year. The Party that maintains or establishes such measures shall promptly inform the other Party and provide a timetable for their cancellation as soon as possible.

CHAPTER 7 INTELLECTUAL PROPERTY

Article 61 Aims

The objectives of this chapter are: (a) to facilitate the production and commercialization of innovative and creative products between the Parties; and (b) to achieve an appropriate and effective level of protection and protection of intellectual property rights.

SECTION 1PRINCIPLES

Article 62the nature and scope of obligations

1. The Parties confirm their commitment to ensure the proper and effective implementation of international treaties related to intellectual property to which they are parties, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). The provisions of this chapter supplement and clarify the rights and obligations between the Parties under the TRIPS Agreement and other international treaties in the field of intellectual property. 2. For the purposes of this Agreement, the term "intellectual property" refers, inter alia, to all categories of intellectual property mentioned in articles 65-96. 3. Intellectual property protection includes protection against unfair competition, as provided for in article 10 bis of the Paris Convention for the Protection of Industrial Property of 1883, as revised and amended (Paris Convention convention). 4. This chapter does not prevent the Parties from applying the provisions of their legislation providing for higher standards for the protection and protection of intellectual property rights, provided that they do not contradict the provisions of this chapter.

Article 63 Technology transfer

1. The Parties agree to exchange views and information on their legislation and international practice on the protection and protection of intellectual property rights affecting technology transfer. This includes, in particular, an exchange on measures to facilitate information flows, develop business partnerships, and conclude voluntary licensing and subcontracting agreements. Special attention is paid to the conditions necessary to create an appropriate enabling environment for technology transfer in host countries, including issues such as ensuring a national legal framework and developing human capital. 2. When applying measures regarding technology transfer, the legitimate interests of intellectual property rights holders are subject to protection.

Article 64 Exhaustion of rights

Each Party applies the national or regions1 principle of exhaustion of intellectual property rights in accordance with its national legislation in relation to copyright and related rights, industrial designs and trademarks.

___________________1 The term "regional" refers to regional economic integration organizations that create an internal market that ensures the free movement of goods and services.

SECTION 2 STANDARDS OF INTELLECTUAL PROPERTY RIGHTSAUTHOR'S LAW AND RELATED RIGHTS

Article 65presentable protection

Each Party shall comply with the rights and obligations set out in the following international treaties: (a) the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention); (b) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); (c) The World Intellectual Property Organization (WIPO) Copyright Treaty; (d) The WIPO Performances and Phonograms Treaty; (e) the TRIPS Agreement.

Article 66authors

With respect to authors, each Party grants the exclusive right to permit or prohibit: (a) direct or indirect, temporary or permanent reproduction of their works in any way and in any form, in whole or in part; (b) distribution in any form by sale or otherwise of the original works or copies thereof; (c) any communication to the public of their works by wire or wireless means, including making their works publicly available in such a way that members of the public can access them from any location and at any time of their choice.

Article 67the executors

With respect to performers, each Party grants the exclusive right to permit or prohibit: (a) recording of their performances;

___________________1 For the purposes of this chapter, "recording" means the embodiment of sounds or their representations, allowing them to be perceived, reproduced or communicated using an appropriate device.

(b) direct or indirect, temporary or permanent reproduction of recordings of their performances in any way and in any form, in whole or in part; (c) distribution by sale or otherwise of recordings of their performances; (d) making publicly available recordings of their performances by wire or wireless means, in such a way that representatives The public can access them from anywhere and at any time of their choice.; (e) wirelessly broadcasting or making publicly available their performances, except in cases where the performance itself is already a broadcast or is based on a recording.

Article 68 Producers of phonograms

With respect to producers of phonograms, each Party grants the exclusive right to authorize or prohibit: (a) direct or indirect, temporary or permanent reproduction of their phonograms in any way and in any form, in whole or in part; (b) distribution of their phonograms, including copies, by sale or otherwise; (c) making available to to make their phonograms publicly available by wire or wireless means so that members of the public can access them from any location and at any time of their own choosing.

Article 69 Broadcasting organizations

With respect to broadcasting organizations, each Party grants the exclusive right to allow or prohibit: (a) recording of their broadcasts; (b) reproduction of recordings of their broadcasts; (c) making publicly available recordings of their broadcasts by wire or wireless means in such a way that members of the public can access them from anywhere and in any time of your choice; and (d) the retransmission of their broadcasts by wireless means, as well as the communication of their broadcasts to the public, if such communication is carried out in places accessible to the public for an entrance fee.

Article 70 Broadcasting and communication to the public

Each Party grants the right to ensure that a one-time fair remuneration is paid by the user if the phonogram is published for commercial purposes or the reproduction of such a phonogram is used for broadcasting by wireless means or for communication to the public in any way, and ensuring that such remuneration is distributed among the respective performers and producers of phonograms. In the absence of an agreement between the performers and producers of phonograms, each Party may determine the conditions for the distribution of such remuneration between them.

Article 71The security period

1. The rights of the author of a literary or artistic work within the meaning of article 2 of the Berne Convention are valid during the author's lifetime and for at least 70 years after his death. 2. In the case of a co-authored work, the period specified in paragraph 1 is calculated from the date of death of the last of the authors. 3. The rights of performers expire at least 50 years after the date of performance. However, if a performance recording is lawfully published or lawfully communicated to the public during this period, the rights to it expire at least 50 years after the date of the first such publication or the first such communication to the public, whichever is earlier. 4. The rights of producers of phonograms expire at least 50 years after the recording has been made. However, if the phonogram was lawfully published during this period, these rights expire at least 50 years after the date of the first lawful publication. If the lawful publication did not take place within the time period specified in the first sentence, and if the phonogram was lawfully made available to the public during this period, these rights expire at least 50 years after the date of the first lawful communication to the public. 5. The rights of broadcasting organizations expire at least 50 years after the first broadcast of the program, regardless of whether this program was broadcast by wire or by wireless means, including transmission by cable or satellite. 6. The conditions set out in this article are calculated from the first of January of the year following the event that causes them. 7. The terms of protection may exceed the terms stipulated in this article.

Article 72 Protection of technical measures

1. Each Party shall provide for appropriate legal protection against circumvention of any effective technical measures carried out by an interested person who knows or has sufficient grounds to know that he is pursuing this goal. 2. Each Party shall provide appropriate legal protection against the manufacture, import, distribution, sale, rental, advertising for the purpose of selling or renting devices, products or components, or their possession for commercial purposes, or the provision of services that primarily aim at or create the possibility of circumventing any effective technical measures. 3. For the purposes of this Agreement, the term "technical measures" means any technology, device, or component that, in normal operation, is designed to prevent or restrict actions with respect to works or other objects that are not authorized by the copyright holder of any copyright or related right provided for by national law. Technical measures are considered "effective" if the use of a work or other object is controlled by the copyright holders through the use of access control or a protective process such as encryption, encoding or other transformation of the work or other object, or as a copy control mechanism that ensures the achievement of protection objectives.

Article 73 Protection of information on rights management

1. Each Party shall provide adequate legal protection against any person who performs any of the following actions without authorization: (a) the removal or modification of any electronic rights management information; (b) distribution, importation for the purpose of distribution, transmission, communication or making publicly available of works or other objects protected under this Agreement from which electronic rights management information has been removed or modified without permission, when this person knows or has sufficient grounds to know that by such action he is encouraging, enabling, promotes or conceals the commission of a violation of any copyright or related rights provided for by national legislation. 2. For the purposes of this chapter, the term "rights management information" means any information provided by copyright holders that identifies a work or other object protected by copyright or related rights, the author or any other copyright holder, or information about the terms of use of the work or other object, and any numbers or codes that contain such information. 3. Paragraph 1 applies in cases where any of the information elements referred to in paragraph 2 is attached to a copy of a work or other object protected by copyright or related rights, or appears in connection with a communication to the public.

Article 74Exclusions and limitations

1. In accordance with conventions and international agreements to which they are parties, each Party may provide for restrictions or exceptions to the rights set forth in articles 66-70 only in certain special cases that do not conflict with the usual use of works or other objects and do not unreasonably infringe on the legitimate interests of copyright holders. 2. Each Party provides that temporary acts of reproduction referred to in articles 66-70, which are intermediate or accidental, and are an integral and essential part of the technological process, and whose sole purpose is to enable: (a) transmission over a network between third parties by an intermediary, or (b) the legitimate use of a work or other object, and which have no independent economic significance and are not subject to the right of reproduction provided for in articles 66-69.

Article 75 Right of resale

Each Party grants, in the interests of the author of the original work of art, who is a citizen of the other Party, and in the interests of his legal successor, the right to resell, defined as an inalienable right that he cannot waive, even in advance, to receive remuneration based on the sale price received from the resale of the work following the first transfer of the work by the author.. Thresholds and remuneration fees should be set in accordance with the national legislation of the Party in which the resale takes place.1

___________________1 A Party may, in accordance with national legislation, limit the right to resale to transactions involving dealers in the field of works of art.

Article 76cooperation in the field of collective management of rights

The Parties shall take reasonable measures available to them in order to facilitate the establishment of agreements between their organizations on collective management of rights to ensure easier mutual access to works and other protected objects, as well as for their delivery between the territories of the Parties, as well as the transfer of remuneration between them for the use of such works or other protected objects. The Parties shall also take reasonable measures available to them to achieve a higher level of rationalization and transparency with respect to the performance of their organizations' collective rights management tasks.

TRADEMARKS

Article 77International treaties

Each Party shall (a) comply with the Protocol to the Madrid Agreement on the International Registration of Marks and the WIPO Trademark Law Treaty; and (b) make all reasonable efforts to accede to the Singapore Trademark Law Treaty.

Article 78 Registration procedure

1. Each Party shall provide for a trademark registration system in which each final decision taken by the relevant competent trademark authority is duly justified and communicated in writing to the applicant, who has the right to challenge it to the competent trademark authority and appeal to the court. 2. Each Party provides for the possibility of copyright holders to file an objection to the application or registration of a trademark. The procedures in case of filing an objection are adversarial. 3. Each Party provides for the availability of a publicly accessible electronic database of trademark registrations.

Article 79 Generally known trademarks

The Parties shall cooperate in order to ensure the effective protection of well-known trademarks, as provided for in Article 6 bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS Agreement.

Article 80Exclusions from the rights granted by a trademark

Each Party provides for limited exceptions to the rights granted by the trademark, such as the fair use of descriptive terms, the use of geographical indications, or other limited exceptions that take into account the legitimate interests of the trademark owner and third parties.

GEOGRAPHICAL INDICATIONS

Article 81 Definition

For the purposes of this Agreement, geographical indications are designations that identify goods as originating from the territory of a Party or a region or locality in that territory where a certain quality, reputation or other characteristics of the goods are largely associated with its geographical origin.

Article 82principlesprotection of geographical indications

1. Each Party shall ensure the appropriate and indefinite protection of geographical indications through a special type of protection system and in accordance with national legislation, as long as the geographical indication is protected in the country of origin. 2. To this end, the Parties shall cooperate in the field of geographical indications on the basis of this article, which supplements the minimum standards established in the relevant provisions of the TRIPS Agreement. 3. Each Party shall ensure that its geographical indication protection system is open for registration of the geographical indications of the other Party. Each Party provides for the availability of a publicly accessible electronic database of registered geographical indications. 4. With regard to the protection of geographical indications protected in its territory, each Party prohibits and prevents: (a) any direct or indirect commercial use of a registered name in relation to products not subject to registration, since: (i) these products are comparable to products protected under this name, or (ii) such use is abuse of the reputation of a protected name. (b) any misuse, imitation or association with a registered name, even if the true origin of the product is indicated, or if the protected name is translated, transcribed, transliterated or accompanied by expressions such as "style", "type", "method", "as produced in", "kind", "imitation" or the likes of them; (c) any other false or misleading indication of the source, place of origin, nature or essential qualities of the product on the inner or outer packaging, promotional materials or documents related to the product, as well as on the packaging of the product in a container, which may create a misconception about its origin; or (d) any other actions that may mislead the consumer about the true origin of the product. 5. Each Party shall exercise the protection provided for in articles 81-83, including at the request of the party concerned, through the application of appropriate administrative measures in accordance with national legislation. 6. Each Party shall ensure that protected geographical indications can be used by any market participant supplying goods meeting the relevant specification. 7. Each Party shall ensure that the names it protects in accordance with its national legislation do not become household names. 8. The Parties are not obliged to register geographical indications in cases where, in the light of the reputation or well-known trademark, registration may mislead consumers about the true authenticity of the goods. 9. Without prejudice to this article, each Party shall also protect geographical indications in cases where an earlier trademark exists. "Earlier trademark" means a trademark, the use of which falls under one of the cases mentioned in paragraph 4, which was declared, registered or created through use, if such possibility is provided for by national legislation, before the date on which the application for registration of a geographical indication was submitted to the competent authorities of that Party. Such an earlier trademark may continue to be used and updated regardless of geographical indication protection, provided that there are no grounds for invalidation or revocation of the trademark in the trademark legislation of the Party where it is registered or used.

Article 83the agreements

No later than seven years after the date of commencement of the application of this Section, the Parties will begin negotiations with a view to concluding an agreement on the protection of geographical indications in their territories.

INDUSTRIAL DESIGNS

Article 84International treaties

The European Union reaffirms its commitment to the Geneva Act of the Hague Agreement on the International Registration of Industrial Designs of 1999. The Republic of Kazakhstan will make reasonable efforts to join it.

Article 85 Requirements for the protection of registered industrial designs

1. Each Party provides for the protection of independently created industrial designs that are new and original. This protection is ensured through registration and grants the exclusive right to the owner of the registered industrial design in accordance with national legislation. For the purposes of this article, a Party may consider that an industrial design having an individual character is original. 2. An industrial design applied to a product or incorporated into a product that is part of a composite product is considered new and of an individual nature only: (a) if a part of the product remains visible after incorporation into the composite product during normal use of that product, except for maintenance, service or repair work; and (b) in the event that these visible characteristics of a part of the product themselves meet the requirements of novelty and individual character.

Article 86 Rights provided by registration

The owner of a registered industrial design has the exclusive right to use it and prohibit any third party who does not have the owner's consent, among other things, from manufacturing, offering for sale, selling, importing, exporting, storing or using the product on which the industrial design is applied or embodied, if such actions are undertaken for commercial purposes.

Article 87 Protection of unregistered industrial designs

The Republic of Kazakhstan, no later than seven years after the date of commencement of application of this Section, will ensure the legal protection of unregistered industrial designs from copying, provided that the European Union, no later than two years before the end of this seven-year period, ensures proper training for representatives of authorized bodies, organizations and judges.

Article 88the security period

The term of protection granted from the date of application is at least ten years. Each Party may ensure that the right holder may extend the term of protection for one or more periods of five years each, up to the maximum period of protection established by national legislation.

Article 89Exclusions

1. Each Party may provide for limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the usual use of protected industrial designs and unreasonably prejudice the legitimate interests of the owner of the protected industrial design, taking into account the legitimate interests of third parties. 2. The protection of industrial designs does not apply either to the properties of the appearance, which are determined only by the technical functions of the product, or to the elements of the appearance of the product, which are necessary to ensure compatibility with another product.1

___________________1 In the European Union, this provision does not apply to modular products.

3. The right to an industrial design does not apply to a design that contradicts public interests or generally accepted principles of morality.

Article 90 Relation to copyright

An industrial design that is protected by the right to an industrial design registered in a Party is also entitled to protection under the copyright law of that Party from the date on which the industrial design was created or recorded in any form. The scope and conditions for granting such protection, including the required level of originality, are determined by each Party.

PATENTS

Article 91International treaties

Each Party shall make every reasonable effort to comply with the requirements Articles 1-16 of the Patent Law Treaty.

Article 92 Patents and public health

1. The Parties recognize the importance of the WTO Ministerial Conference Declaration on the TRIPS Agreement and Public Health, adopted on November 14, 2001. When interpreting and fulfilling the rights and obligations under this chapter, each Party ensures compliance with this Declaration. 2. Each Party respects the Decision of the WTO General Council of August 30, 2003 regarding paragraph 6 of the Declaration referred to in paragraph 1.

Article 93 Certificates of additional protection

1. The Parties recognize that medicinal products and plant protection products protected by a patent in their territory may be subject to an administrative licensing procedure prior to their release to the market. They recognize that the time period between the filing of a patent application and the first authorization to put a product on the market, as defined for this purpose by relevant national legislation, may shorten the period of effective protection granted by a patent. 2. Each Party shall provide for an additional period of protection for medicinal products or plant protection products that are protected by a patent and are subject to an administrative licensing procedure, equal to the period specified in the second sentence of paragraph 1, shortened by five years. 3. Notwithstanding paragraph 2, the duration of the additional protection period may not exceed five years.

Article 94 Protection of data submitted for obtaining permission to release pharmaceutical products1 on the market

1. Each Party provides for a comprehensive system that guarantees confidentiality, non-disclosure and prohibition of referring to data submitted for obtaining permission to release a pharmaceutical product on the market. 2. Each Party shall ensure that any information provided for obtaining permission to place a pharmaceutical product on the market, as specified in paragraph 3 of Article 39 of the TRIPS Agreement, remains undisclosed to third parties and is protected from unfair commercial use for at least six years, starting from the date of granting permission to market in any country. The side. To this end, a) for a period of at least six years from the date of granting market authorization, no person or organization, public or private, other than the person or organization that submitted such undisclosed data, is permitted to refer directly or indirectly to such data without the explicit consent of the person or organization that submitted the data for substantiation of the application for permission to release a pharmaceutical product on the market; (b) for a period of at least six years from the date of granting the marketing authorization, any subsequent application for marketing authorization of a pharmaceutical product will not be satisfied unless the next applicant submits his own data or data used with the consent of the holder of the first permit that meets the same requirements as the data of the first applicant. During this six-year period, products registered without providing such data will be removed from the market until these requirements are met.

___________________1 The term "pharmaceutical product" in this chapter refers, in the case of the European Union, to medicinal products defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code on Human Medicinal Products.

Article 95 Protection of data on plant protection products and rules to avoid duplication of tests

1. The Parties shall verify the compliance of plant protection products with safety and effectiveness requirements before allowing their release to the market. 2. Each Party recognizes the temporary right to protect the data of the owner of the information on the tests or studies carried out, submitted for the first time to obtain a permit for the release of plant protection products on the market. During the period of validity of the data protection right, information about the tests or studies carried out is not used in the interests of any other person who seeks to obtain permission to release a plant protection product on the market, except in cases where there is an explicit consent of the owner. This right is referred to hereafter as "data protection". 3. Information about the tests or studies carried out: (a) is necessary to obtain a permit or to amend the permit in order to allow use for other crops; and (b) are certified according to the principles of good laboratory practice or good experimental practice. 4. The term of protection of data for plant protection products in a Party is ten years from the date of receipt of the first permit in that Party. Longer protection periods may be provided by each Party in order to encourage the obtaining of permits for plant protection products, for example, which do not pose a high risk and are rarely used. 5. Data on conducted tests or studies are also subject to protection if it is necessary for updating or revising the permit. 6. The Parties shall provide rules to avoid duplication of tests on vertebrates. Any applicant who intends to conduct tests and studies involving vertebrates shall take the necessary measures to ensure that these tests and studies have not already been conducted or initiated. 7. The prospective applicant and the owner or holders of the relevant permits shall make every effort to ensure the sharing of data on trials and studies involving vertebrates. The cost of the provided trial and research data is determined on a fair, transparent and non-discriminatory basis. The prospective applicant only needs to pay the cost of the information that he must submit in accordance with the requirements for obtaining a permit. 8. If the future applicant and the owner or holders of the relevant permits for plant protection products cannot come to an agreement on the joint use of data on tests and studies involving vertebrates, the future applicant shall inform the competent authorities of the relevant Party. 9. The inability to reach an agreement on the sharing of data on tests and studies involving vertebrates does not prevent the competent authorities of the relevant Party from using such data for the purposes of the future applicant's application. The owner or holders of the relevant permits may require the prospective applicant to fairly share the costs incurred by them. A party may send the parties involved to resolve the issue through formal and binding arbitration in accordance with national legislation.

Article 96 of the plant variety

The European Union confirms its commitment to the International Convention for the Protection of New Plant Varieties (UPOV Convention), to which the Republic of Kazakhstan will make reasonable efforts to accede.

SECTION 3 PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Article 97 General obligations

1. The Parties confirm their obligations under the TRIPS Agreement, in particular under Part III thereof, and provide additional measures, procedures and remedies provided for in this section that are necessary to ensure the protection of intellectual property rights1. 2. These measures, procedures and remedies should be fair and equal and should not be unnecessarily complex or expensive, or lead to unjustified time extensions or unjustified delays. They should also be effective, proportionate and deterrent, and should be applied in a way that avoids creating barriers to legitimate trade and provides safeguards against abuse.

___________________1 For the purposes of articles 98-110, the term "intellectual property rights" includes at least the following rights: copyright; related rights; the right of a special kind of creator of databases; the rights of the creator of topologies of semiconductor products; trademark rights; industrial design rights; patent rights, including rights granted by certificates of additional protection; geographical indications; rights to utility models; rights to plant varieties; and trade names to the extent that they are protected as exclusive rights in accordance with national legislation.

Article 98 Authorized applicants

1. Each Party recognizes as persons having the right to apply for the application of the measures, procedures and remedies specified in this section and in Part III of the TRIPS Agreement.: (a) owners of intellectual property rights in accordance with the provisions of national legislation; (b) all other persons entitled to use these rights, in particular licensees, to the extent permitted and consistent with the provisions of national legislation.; (c) collective intellectual property rights management bodies that are regularly recognized as having the right to represent intellectual property rights holders to the extent permitted and consistent with national legislation; (d) professional protection authorities or other persons who are recognized as having the right to represent intellectual property rights holders to the extent that This is acceptable and complies with the provisions of national legislation.

Article 99references

1. If a Party has provided objectively available evidence sufficient to substantiate its claims and has indicated in support of its claims evidence that is under the control of the opposing party, the judicial authorities of each Party have the authority to order that this evidence be presented by the opposing party, taking into account the protection of confidential information. 2. Subject to the conditions referred to in paragraph 1, in the event of a violation of intellectual property rights committed on a commercial scale, each Party shall take the necessary measures to authorize the competent judicial authorities to issue, in appropriate cases and upon request, an order for the transfer of banking, financial or commercial documents under the control of the opposing party, taking into account the protection of confidential information.

Article 100 Measures for the preservation of evidence

1. Each Party shall ensure that, even before the commencement of substantive proceedings, the competent judicial authorities may, upon application by the copyright holder, who has provided objectively available evidence in support of his claims that his intellectual property rights have been violated or may be violated, order the adoption of immediate and effective interim measures to preserve relevant evidence in relation to the alleged violation., taking into account the protection of confidential information. 2. Such measures may include a detailed description, with or without seizure of samples, or the physical seizure of alleged counterfeit goods, as well as, where appropriate, materials and equipment used in the production and/or distribution of these goods, and related documents. If necessary, these measures can be taken without hearing the other party, in particular in cases where any delay may cause irreparable damage to the copyright holder, or there is an obvious risk that the evidence will be destroyed.

Article 101 Right to information

1. Each Party shall ensure that, in the context of proceedings concerning infringement of intellectual property rights and in response to a reasonable and proportionate application by the plaintiff, the competent judicial authorities may order that information on the origin and distribution networks of goods or services that infringe intellectual property rights be provided by the infringer and/or any other person, in respect of which: (a) it is established that he owns the infringing goods on a commercial scale; (b) it has been established that he uses infringing services on a commercial scale; (c) it has been established that he provides services on a commercial scale that are used in carrying out illegal activities, or (d) it has been identified by the person referred to in subparagraph (a), (b) or (c), that it is involved in the production, manufacture or distribution of such goods or the provision of such services. 2. The information referred to in paragraph 1 includes: (a) the names and addresses of manufacturers, manufacturers, distributors, suppliers and other former owners of goods or services, as well as prospective wholesale and retail suppliers; (b) information on the quantity of goods or services produced, manufactured, delivered, received or ordered, as well as the amount received for such goods or services. 3. Paragraphs 1 and 2 shall apply without prejudice to other legislative provisions which: (a) grant the right holder the right to obtain more detailed information; (b) regulate the use in civil or criminal proceedings of information provided in accordance with this article; (c) regulate liability for abuse of the right to information; (d) provide for the possibility of refusing to provide information that forces the person referred to in paragraph 1 to confess to his participation or the participation of his close relatives in the violation. intellectual property rights, or (e) regulate the protection of confidentiality of information sources or the processing of personal data.

Article 102timely and preventive measures

1. Each Party shall ensure that the judicial authorities can, at the request of the applicant, take interim measures against the alleged infringer aimed at preventing any impending violation of the intellectual property right, or prohibit on a temporary basis and, where applicable, the payment of appropriate fines in cases provided for by national legislation, the further implementation of the alleged violation of this right or condition Such implementation is the provision of guarantees aimed at ensuring the payment of compensation to the copyright holder. Interim measures may also be imposed under the same conditions and in accordance with national legislation on an intermediary whose services are used by a third party to infringe intellectual property rights. 2. Interim measures may also be taken to seize or transfer goods suspected of infringing intellectual property rights in order to prevent their release or movement through trade channels. 3. In the case of a violation committed on a commercial scale, each Party shall ensure that, if the applicant points out circumstances that could jeopardize compensation for damages, the judicial authorities may, in accordance with national law, issue an order for the preventive seizure or seizure of the movable and/or immovable property of the alleged violator, including its blocking. bank accounts and other assets. To this end, judicial authorities may require the provision of banking, financial or commercial documents or proper access to relevant information.

Article 103adjustment measures

1. Each Party shall ensure that, at the request of the applicant and without prejudice to damages to be reimbursed to the copyright holder in connection with the infringement, and without any compensation, the competent judicial authorities can issue an order to recall, permanently remove from trade channels or destroy goods found to infringe intellectual property rights. If necessary, the competent judicial authorities may also order the destruction of materials and equipment primarily used in the creation or manufacture of these goods. 2. The judicial authorities of each Party have the authority to order that these measures be carried out at the expense of the violator, unless there are specific reasons not to do so.

Article 104 Judicial prohibitions

Each Party shall ensure that, in the event of a court decision establishing a violation of intellectual property rights, the judicial authorities can issue an injunction against the infringer aimed at stopping the violation. In cases provided for by national legislation, non-compliance with the injunction entails, where applicable, the payment of a fine in order to ensure its compliance. Each Party also ensures that copyright holders can apply for an injunction against intermediaries whose services are used by a third party to infringe on intellectual property rights.

Article 105 Alternative measures

Each Party may, in accordance with national legislation, provide that, in appropriate cases and at the request of the person to whom the measures provided for in article 103 and/or article 104 are to be applied, the competent judicial authorities may order monetary compensation to be paid to the injured party, instead of applying the measures provided for in article 103 and/or article 104, if this person acted unintentionally and unintentionally, if the application of these measures would cause him disproportionate harm, and if the monetary compensation appears to the injured party to be sufficiently satisfactory.

Article 106 Surpluses

1. Each Party shall ensure that, when determining damages, the judicial authorities: (a) take into account all relevant aspects, such as negative economic consequences, including lost profits of the injured party, any illegal profits made by the violator, and, where appropriate, other elements other than economic factors, including moral damage caused to the copyright holder by violation; or (b) may, as appropriate, determine the damage as a one-time amount based on at least such elements as the amount of remuneration or fees that would have been paid if the infringer had requested permission to use the intellectual property right in question. 2. If the violator, without knowing or having sufficient grounds to know, was involved in the commission of illegal acts, each Party may provide that the judicial authorities may issue an order for the restoration of profits or damages, which may be previously determined, to the injured party.

Article 107the judicial costs

Each Party shall ensure that reasonable and proportionate legal costs and other expenses incurred by the winning party are generally paid by the losing party, unless this is contrary to fairness.

Article 108publication of court decisions

Each Party shall ensure that, in the framework of legal proceedings initiated in connection with an intellectual property infringement, judicial authorities may, at the request of the applicant and at the expense of the infringer, order appropriate measures to disseminate information about the decision, including making it available for review and publication in full or in part.

Article 109 Presumption of authorship or ownership

For the purposes of applying the measures, procedures and remedies provided for in this section, the usual indication of his name on the work is sufficient for the author of a literary or artistic work in the absence of evidence to the contrary and in order to be recognized as the author, and therefore to be entitled to initiate legal proceedings in connection with the violation. This also applies mutatis mutandis to copyright holders in relation to their protected object.

Article 110administrative legal proceedings

Since any remedy in civil proceedings may be adopted as a result of administrative proceedings, such proceedings comply with principles that are essentially equivalent to those provided for in the relevant provisions of this section.

Article 111 Customs measures

1. When applying customs measures to protect intellectual property rights, each Party shall ensure compliance with its obligations under the GATT 1994 Agreement and the TRIPS Agreement. 2. In order to ensure the protection of intellectual property rights in the customs territory of each Party, the Customs authorities, within the limits of their powers, use a number of approaches to detect shipments containing goods suspected of violating intellectual property rights specified in paragraphs 3 and 4. These approaches include risk analysis techniques based, among other things, on information provided by copyright holders, intelligence gathering, and cargo inspection. 3. The customs authorities, at the request of the copyright holder, have the authority to take measures to detect or suspend the release of goods under customs control and in respect of which there are suspicions of infringement of trademark, copyright and related rights or rights to geographical indications. 4. The customs authorities of the Republic of Kazakhstan, no later than three years after the date of commencement of application of this Section, will be authorized to take measures, at the request of the copyright holder, to detect or suspend the release of goods under customs control and in respect of which there are suspicions of infringement of rights to patents, utility models, industrial designs, integrated circuit topologies or plant varieties, provided, That the European Union will provide, no later than two years before the end of this three-year period, appropriate training for representatives of authorized bodies such as customs officers, prosecutors, judges and, if necessary, other representatives. 5. The Customs authorities have the authority to detect or suspend, on their own initiative, the release of goods under customs control and in respect of which there are suspicions of infringement of trademark, copyright and related rights or rights to geographical indications. 6. The customs authorities of the Republic of Kazakhstan, no later than five years after the date of commencement of application of this Section, will be authorized to detect or suspend, on their own initiative, the release of goods under customs control and in respect of which there are suspicions of infringement of rights to patents, utility models, industrial designs, integrated circuit topologies or plant varieties, if provided that the European Union conducts appropriate training for representatives of authorized bodies no later than two years before the end of this five-year period., such as customs officers, prosecutors, judges and, if necessary, other representatives. 7. Despite the provisions of paragraphs 3-6, the application of measures to detain and suspend the import of goods placed by the copyright holder or with his consent on the market in another country is not an obligation. 8. The Parties agree to comply with Article 69 of the TRIPS Agreement with respect to international trade in goods suspected of infringing intellectual property rights. To this end, in order to facilitate cooperation, each Party will identify a contact point at its customs authority and notify the other Party about it. Such cooperation may include the exchange of information on mechanisms for obtaining information from copyright holders, best practices and experiences in applying risk management strategies, as well as information to assist in the identification of shipments suspected of containing goods infringing intellectual property rights. 9. The Customs authorities of each Party are ready to cooperate at the request of the other Party or on their own initiative in order to provide relevant accessible information to the Customs authorities of the other Party, in particular on goods in transit through the territory of the Party intended for or originating from the territory of the other Party. 10. Without prejudice to other forms of cooperation, the Protocol on Mutual Administrative Assistance in Customs Matters applies to paragraphs 8 and 9 of this Article in respect of violations of customs legislation related to intellectual property rights. 11. Without prejudice to the powers of the Cooperation Council, the Customs Cooperation Subcommittee referred to in paragraph 3 of Article 25 is responsible for ensuring the proper functioning and application of this article. The Subcommittee on Customs Cooperation determines priorities and provides for appropriate procedures for cooperation between the authorized bodies of the Parties.

SECTION 4THE RESPONSIBILITY OF SERVICE PROVIDERS ACTING AS INTERMEDIARIES

Article 112use of intermediary services

The Parties acknowledge that the services of intermediaries may be used by third parties for the purpose of committing an offense. To ensure the free movement of information services and, at the same time, the protection of intellectual property rights in the digital environment, each Party shall ensure the measures provided for in this section on service providers acting as intermediaries in cases where these providers are in no way related to the transmitted information.

Article 113 Responsibility of service providers acting as intermediaries: "simple transfer"

1. If the information community service consists of transmitting information provided by the recipient of the service over a communication network or providing access to the communication network, each Party guarantees that the service provider is not responsible for the transmitted information, provided that the provider: (a) does not initiate the transmission; (b) does not select the recipient of the transmission; and (c) does not select or modify the information contained in the transmission. 2. The transmission and access measures referred to in paragraph 1 include the automatic, intermediate and short-term storage of transmitted information solely for the purpose of transmission in a communication network and provided that the information is not stored for a period exceeding the reasonably necessary time for transmission. 3. This article does not affect the ability of a court or an administrative authority, in accordance with national law, to require a service provider to terminate or prevent a violation.

Article 114 Responsibility of service providers acting as intermediaries: "caching"

1. If the information community service consists of transmitting information provided by the recipient of the service on the communication network, each Party guarantees that the service provider is not responsible for the automatic, intermediate and short-term storage of this information, carried out solely for the purpose of more efficient subsequent transmission of information to other recipients of the service upon their request, provided that: (a) the provider does not change the information; (b) the provider complies with the terms of access to the information; (c) the provider complies with the rules regarding updating information that is widely recognized and used in the industry; (d) the provider does not interfere with the legitimate use of technologies that are widely recognized and used in the industry to obtain data on the use of information.; and (e) the provider acts promptly to delete the stored information or terminate access to it after receiving factual information that the information at the source point of transmission has been deleted from the network, or access to it has been terminated, or a court or administrative authority has issued an order to delete or terminate access. 2. This article does not affect the ability of a court or an administrative authority, in accordance with national law, to require a service provider to terminate or prevent a violation.

Article 115the responsibility of service providers acting as intermediaries: "storage"

1. If the information society service includes the storage of information provided by the recipient of the service, each Party guarantees that the service provider is not responsible for the information stored at the request of the recipient of the service, provided that: (a) the provider has no real knowledge of illegal activities or information and, with regard to claims for damages, does not know the facts or circumstances from which the carrying out of illegal activities or the transfer of information is obvious; or (b) the provider, upon receiving such information or knowledge, acts promptly to delete the information or terminate access to it. 2. Paragraph 1 does not apply if the recipient of the service is acting under the direction or control of the provider. 3. This Article does not affect the ability of a court or an administrative authority, in accordance with national law, to require a service provider to terminate or prevent a violation, nor does it affect the ability of a Party to establish procedures governing the deletion or termination of access to information.

Article 116the absence of general control obligations

1. The Parties do not impose a general obligation on providers, when providing the services provided for in Articles 113-115, to monitor the information they transmit or store, nor do they impose a general obligation to actively search for facts or circumstances indicating illegal activity. 2. The Party may establish obligations for information society service providers to immediately inform the competent government authorities about the alleged illegal activities or information provided by the recipients of their services. The Party may also establish obligations for information society service providers to provide, upon request from the competent authorities, information that identifies the recipients of their services with whom they have information storage agreements.

Article 117the terms of application of articles 112-116

The Republic of Kazakhstan shall fully comply with the obligations provided for in Articles 112-116 within five years from the date of commencement of application of this Section.

Article 118cooperation

1. The Parties shall encourage the development of cooperation between trade or professional associations or organizations aimed at the protection and protection of intellectual property rights. 2. The Parties agree to cooperate in order to facilitate the fulfillment of the obligations assumed in accordance with this chapter. The areas of cooperation include, but are not limited to, the following activities: (a) exchange of information on their intellectual property legal systems and relevant rules of protection and protection; exchange of experience on legislative progress in these areas; (b) exchange of experience on the protection and protection of intellectual property rights; (c) exchange of experience on protection and protection between customs, police, administrative and judicial authorities and interested organizations; coordination to prevent the export of counterfeit goods; (d) capacity-building; and (e) promotion and dissemination of information and knowledge about intellectual property rights, among others, in business circles and civil society; raising awareness and knowledge of consumers and copyright holders.

CHAPTER 8 GOVERNMENT PROCUREMENT

Article 119determinations

For the purposes of this chapter: (a) "commercial goods or services" means goods or services that are typically sold or offered for sale on the commercial market to non-governmental buyers for non-governmental purposes and are usually purchased by them for those purposes; (b) "construction service" means a service whose purpose is to perform any by means of civil or construction works, based on section 51 of the United Nations Provisional Classification of Basic Products (CPC); (c) "days" means calendar days; (d) "Electronic auction" means a repetitive process using an electronic device to present new prices, revised prices, and/or new values related to individual elements of tenders that appear after the initial full evaluation of tenders, and allowing them to be ranked using automatic evaluation methods. Consequently, contracts for the provision of certain services and works that have intellectual results as their subject, such as a construction project, cannot be the subject of electronic auctions.; (e) "in writing" or "in writing" means any verbal or numerical expression that can be read, reproduced and then transmitted. It may include information transmitted and stored electronically; (f) "restricted tender" means a procurement method in which the procuring entity contacts a supplier or suppliers of its choice; (g) "measure" means any law, regulation, procedure, administrative guidance or practice, or any procurement organization's actions related to the covered purchases; (h) "reusable list" means a list of suppliers that the procuring entity determines to meet the conditions for participation in this list and that the procuring entity intends to use more than once; (i) "announcement of upcoming purchases" means an announcement published by the procuring entity inviting interested suppliers to submit an application for participation, a tender offer (j) "open tender" means a procurement method in which all interested suppliers can submit a tender offer.; (k) "person" means a natural or legal person; (l) "procuring entity" means the organization specified in parts 1-3 of annex III; (m) "qualified supplier" means a supplier that the procuring entity recognizes as meeting the conditions for participation; (n) "selective tender" means the procurement method, in which the procuring entity invites only qualified suppliers to submit a tender offer; (o) "services" includes construction services, unless otherwise provided; (p) "standard" means a document approved by a recognized body that establishes rules, guidelines or characteristics of goods or services or related processes and production methods for general and repeated use, compliance with which is not mandatory. It may also include or be entirely devoted to requirements for terminology, designations, packaging, labeling, or labels that apply to a product, service, process, or manufacturing method.; (q) "supplier" means a person or group of persons who provide or may provide goods or services; (r) "technical specification" means a tender requirement that: (i) establishes the characteristics of the goods or services to be procured, including quality, performance, safety and dimensions, or processes and methods of their implementation production or provision; or (ii) refers to requirements for terminology, designations, packaging, labeling or labels that apply to the product or service.

Article 120 Scope and coverage

Application of this chapter 1. This chapter applies to any measure relating to the procurement covered, regardless of whether it is conducted solely or partially by electronic means. 2. For the purposes of this chapter, "covered procurement" means procurement for public purposes of: (a) goods, services, or any combination thereof: (i) listed in annex III; and (ii) not for the purpose of commercial sale or resale, or not for use in the manufacture or supply of goods or services for commercial sale or resales; (b) using any contractual methods, including acquisition; leasing; acquisition by lease or by installment, with or without the right to purchase; (c) the value of which is equal to or exceeds the appropriate threshold specified in annex III at the time of publication of the announcement in accordance with article 124; (d) carried out by the procuring entity; and (e) which are not otherwise excluded from the scope of paragraph 3 of this article or annex III. If the purchase price is not determined, it is calculated in accordance with paragraphs 6-8. 3. Unless otherwise provided in Annex III, this chapter does not apply to: (a) the acquisition or lease of land, existing buildings or other immovable property or rights to it; (b) non-contractual agreements or assistance in any form provided by a Party, including cooperation agreements, grants, loans, investments, guarantees and tax benefits; (c) procurement or acquisition of tax authorities and depositories, liquidation and management services for regulated financial institutions, or services related to the sale, repayment and distribution of government debt, including loans and government bonds, promissory notes and other securities; (d) public sector employment contracts; (e) procurement carried out: (i) for the specific purpose of providing international assistance, including development assistance; (ii) in accordance with a specific procedure or terms of an international agreement related to the deployment of troops or the joint implementation of a project by signatory countries; or (iii) in accordance with a specific procedure or terms of an international organization, or funded by international grants, loans or other assistance, if the applicable procedure or condition does not comply with this the head. 4. The following information is provided in Annex III for each Party: (a) in part 1, central government agencies to whose procurement the provisions of this chapter apply; (b) in part 2, local (regional) government agencies to whose procurement the provisions of this chapter apply; (c) in part 3, all other institutions to whose procurement the provisions of this chapter apply; (d) in part 4, goods covered by this chapter; (e) in Part 5, services, with the exception of construction services covered by this chapter; (f) in Part 6, construction services covered by this chapter; and (g) in Part 7, any general notes. 5. If, in the context of the procurement covered, the procuring entity requires persons not listed in annex III to make purchases in accordance with specific requirements, article 122 shall apply mutatis mutandis to such requirements. Rating 6. When assessing the cost of a purchase in order to determine whether a purchase is a covered purchase, the procuring entity: (a) avoids dividing the purchase into separate purchases, choosing or using a specific valuation method to determine the cost of the purchase, with the intention of excluding it in whole or in part from the scope of this chapter; and (b) includes the estimated maximum total cost of the procurement for the entire duration, regardless of the choice of one or more suppliers, taking into account all forms of remuneration, including: (i) bonuses, fees, commissions and interest; and (ii) if other options are provided for in the procurement, the total cost of such options. 7. If a separate procurement requirement leads to the conclusion of several contracts or to the conclusion of contracts for individual parts (hereinafter referred to as "recurring contracts"), the estimated maximum total cost is calculated based on: (a) the cost of recurring contracts for the same type of product or service concluded during the previous 12 months or in the previous financial year of the procuring entity, adjusted to reflect, where possible, expected changes in the quantity or value of goods or services purchased over the next 12 months; or (b) the estimated value of recurring contracts for the same type of good or service concluded within 12 months of the conclusion of the original contract or during the financial year of the procuring entity. 8. In the case of purchases of goods or services by leasing, leasing or purchase by installments, or purchases whose total value has not been determined, the basis for the assessment is: (a) in the case of a contract for a certain period: (i) if the contract is valid for 12 months or less, the total estimated maximum cost for the term of its actions; or (ii) if the contract is valid for more than 12 months, the total estimated maximum value, including any estimated residual value; (b) in the case of an indefinite contract, the estimated monthly contribution multiplied by 48; and (c) if it is not known for sure whether the contract will be concluded for a certain period., the basis for the assessment according to subparagraph (b) is applied.

Article 121 General exceptions

Subject to the requirement that such measures are not applied in such a way as to constitute a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on international trade, nothing in this chapter shall be interpreted as preventing any Party from taking or applying measures: (a) necessary to protect public morals, public order or public safety; ((b) Necessary for the protection of human, animal or plant life or health; (c) necessary for the protection of intellectual property; or (d) in relation to goods or services provided by persons with disabilities, charitable institutions, or produced with the help of prisoners.

Article 122 General principles

Non-discrimination 1. With respect to any measure relating to covered procurement, each Party, including its procuring entities, shall unconditionally provide the goods and services of the other Party, as well as suppliers of the other Party offering such goods or services, with treatment no less favourable than that which the Party, including its procuring entities, provides to its goods, services and domestic suppliers. 2. With respect to any measure related to covered procurement, no Party, including its procuring entities: (a) grants one domestic supplier less favorable terms than another domestic supplier on the basis of the degree of foreign involvement or ownership; or (b) discriminates against a domestic supplier on the basis that the goods or services The services offered by such a supplier for a particular purchase are the goods or services of the other Party. Use of electronic means 3. When conducting covered procurement by electronic means, the procuring entity shall: (a) ensure that the procurement is conducted using information technology systems and software, including means related to authentication and encryption of information that are publicly available and compatible with other publicly available information technology systems and software; and (b) maintains mechanisms to ensure the security of bids and tenders, including setting the time of receipt and preventing unauthorized access. Procurement 4. The procuring entity shall conduct the covered procurement in a transparent and impartial manner that: (a) complies with the provisions of this chapter, using methods such as open tender, selective tender, limited participation tender and electronic auction; (b) does not allow conflicts of interest.; and (c) prevents corrupt practices. Rules of Origin 5. A Party shall not apply, for the purposes of covered procurement, rules of origin for goods or services imported or supplied from another Party that differ from the rules of origin applied by a Party at the same time in the course of normal trade relations to imports or supplies of the same goods or services from the same Party. Non-procurement measures 6. Paragraphs 1 and 2 do not apply to Customs duties and charges of any kind levied on or in connection with importation, the method of collection of such duties and charges, other import regulations, or formalities and measures affecting trade in services, with the exception of those governing covered procurement.

Article 123 Information about the procurement system

1. Each Party shall: (a) promptly publish any laws, regulations, judicial decisions, administrative rules of general application, standard contract terms provided for by law or regulation and included as a reference in the announcements or tender documents, and the procedure relating to the covered procurement, including any amendments thereto, in the official designated electronic or paper-based media that are widely distributed and remain accessible to the public; and (b) provides the other Party, upon request, with clarifications to the above documents. 2. Part 1 of Annex IV lists: (a) electronic or paper media in which each Party publishes the information referred to in paragraph 1 of this Article; (b) electronic or paper media in which each Party publishes the announcements required in accordance with Article 124, paragraph 7 of Article 126 and Paragraph 2 of article 133; and (c) the address(s) of the websites where the Party publishes its announcements of concluded contracts in accordance with paragraph 2 of Article 133. 3. Each Party shall promptly notify the Cooperation Committee of any changes to the information provided by the Party in Part 1 of Annex IV. The Cooperation Committee regularly takes decisions reflecting the changes to part 1 of annex IV.

Article 124 of the Declaration

Announcement of upcoming purchases 1. For each covered purchase, the procuring entity shall publish announcements of upcoming purchases in the appropriate paper or electronic media specified in part 2 of annex IV, with the exception of the cases provided for in article 130. Such media outlets are widely distributed, and such notices remain available to the public at least until the deadline specified in the announcement. The announcements of the procuring entities specified in parts 1, 2 and 3 of annex III are available electronically, free of charge, through a single access point specified in part 2 of annex IV, for at least a minimum period of time. 2. Unless otherwise provided in this chapter, each announcement of upcoming purchases should include: (a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all necessary documents related to the purchases, as well as information on their cost and payment dates, if any; (b) a description of the purchases, including the type and quantity of goods or services to be purchased, or if the quantity is not known, the estimated quantity; (c) for recurring contracts, if possible, an estimate of the timing of subsequent announcements of upcoming purchases; (d) a description of any options; (e) delivery dates for goods or services or the duration of the contract; (f) the procurement method to be used and whether it will involve negotiations or an electronic auction; ((g) Where applicable, the address and deadline for submission of bids for participation in the procurement; (h) the address and deadline for submission of tenders; (i) the language(s) in which tenders or applications for participation may be submitted, if they can be submitted in any language other than the official language of the procuring entity; (j) a list and a brief description of all conditions for the participation of suppliers, including requirements for specific documents or certificates submitted suppliers in this regard, if such requirements are not included in the tender documentation, which is provided to all interested suppliers along with the announcement of upcoming purchases.; (k) if, in accordance with article 126, the procuring entity intends to select a limited number of qualified suppliers to participate in the tender, the criteria to be used for selection and, where applicable, any restrictions on the number of suppliers allowed to participate in the tender. Short announcement 3. For each case of an upcoming procurement, the procuring entity, simultaneously with the publication of the announcement of the upcoming procurement, publishes a short announcement in English or French, which is available to the public. The brief announcement contains at least the following information: (a) the subject of the procurement; (b) the deadline for submission of tenders, or, where applicable, the deadline for submission of bids for participation in the procurement or for inclusion in the reusable list; and (c) the address at which documents related to the procurement can be requested. Announcement of a planned purchase 4. Procuring entities are invited to publish, as early as possible during each financial year, in the appropriate paper or electronic media specified in part 2 of annex IV, an announcement of their future procurement plans (hereinafter referred to as the "announcement of planned purchases"). The announcement of planned purchases includes the subject of the purchase and the planned date of publication of the announcement of upcoming purchases. 5. A procuring entity referred to in part 3 of annex III may use an announcement of planned purchases as an announcement of upcoming purchases, provided that the announcement of planned purchases includes as much information available to the procuring entity as possible, as specified in paragraph 2 of this article, as well as a statement that interested suppliers should express the purchasing organization has expressed its interest in the procurement.

Article 125 Conditions for participation

1. The procuring entity shall limit any conditions for participation in the procurement to those conditions that are essential to ensure that the supplier has the legal and financial capabilities, as well as the commercial and technical capacity to carry out the relevant procurement. 2. In determining the conditions for participation, the procuring entity: (a) does not establish a condition that, in order to participate in the procurement, the supplier has previously concluded one or more contracts with the procuring entity.; (b) may require relevant experience where it is essential to meet the requirements of the procurement; and (c) does not require that, in order for a Party's supplier to participate in the procurement or enter into a contract, the supplier has previously entered into one or more contracts with the other Party's procuring entity or that the supplier has experience in territories of that Party, except in cases where previous experience is essential to meet procurement requirements. 3. In determining whether a supplier meets the conditions of participation, the procuring entity: (a) evaluates the financial capabilities and commercial and technical capabilities of the supplier based on the activities that the supplier conducts both within and outside the territory of the procuring Entity; and (b) conducts its assessment in accordance with the conditions that the procuring entity the organization has previously indicated in the announcements or in the tender documentation. 4. If there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on the following grounds: (a) bankruptcy; (b) false declarations; (c) significant or persistent deficiencies in the fulfillment of any material requirement or obligation under a previously concluded contract or contracts; (d) final judicial decisions in connection with with serious crimes or other serious offenses; (e) improper performance of professional functions or actions or omissions that negatively affect the commercial reputation of the supplier; or (f) non-payment of taxes.

Article 126qualification of suppliers

Registration systems and qualification procedures 1. A Party, including its procuring entities, may have a supplier registration system in which interested suppliers must register and provide certain information. 2. Each Party shall ensure that: (a) its procuring entities make efforts to minimize differences in qualification procedures; and (b) if its procuring entities have registration systems, they make efforts to minimize differences in their registration systems. 3. A Party, including its procuring entities, shall not establish or apply any registration system or qualification procedure for the purpose of creating or creating unnecessary obstacles to the participation of suppliers of the other Party in the procurement. 4. If the procuring entity intends to use a selective tender, it shall: (a) include in the announcement of upcoming purchases at least the information specified in sub-paragraphs (a), (b), (f), (g), (j) and (k) paragraph 2 of Article 124, and invites suppliers to submit an application for participation; and (b) provide, by the beginning of the tender period, at least the information specified in subparagraphs (c), (d), (e), (h) and (i) of paragraph 2 of article 124, for qualified suppliers whom it notifies in accordance with subparagraph (b) Paragraph 3 of Article 128.5. The procuring entity allows all qualified suppliers to participate in specific purchases, unless the procuring entity states in the announcement of upcoming purchases any limitation on the number of suppliers that will be allowed to participate in the tender, as well as the selection criteria for a limited number of suppliers. 6. If the tender documents are not publicly available from the date of publication of the announcement referred to in paragraph 4, the procuring entity shall ensure that these documents are available simultaneously to all qualified suppliers selected in accordance with paragraph 5. Reusable lists 7. The procuring entity may maintain a list of reusable suppliers provided that the announcement inviting interested suppliers Apply for inclusion in the list: (a) published annually; and (b) if published electronically, it is permanently available in the relevant media specified in part 2 of annex IV. 8. The announcement provided for in paragraph 7 shall include: (a) a description of the goods and services or their categories for which the list may be used; (b) the conditions of participation that suppliers must meet in order to be included in the list, and the methods that the procuring entity will use to verify the supplier's compliance with the conditions.; (c) the name and address of the procuring entity and other information necessary to contact it and obtain all relevant documents related to the list; (d) the duration of the list and the means to extend or terminate it, or if no expiration date is specified, an indication of the manner in which the termination notice will be sent. (e) an indication that the list may be used for purchases covered by this chapter. 9. Notwithstanding paragraph 7, if the reusable list is valid for three years or less, the procuring entity may publish the announcement referred to in paragraph 7 only once at the beginning of the validity period of the list, provided that such announcement: (a) establishes the validity period and the circumstance that no additional announcements will be published; and (b) is published electronically and is continuously available during its validity period. 10. The procuring entity allows suppliers to apply for inclusion in the reusable list at any time and includes all qualified suppliers in it as soon as reasonably possible. 11. If a supplier who is not included in the reusable list submits an application for participation in purchases conducted on the basis of such a list and all necessary documents within the time period provided for in paragraph 2 of article 128, the procuring entity shall consider this application. The procuring entity shall not exclude a supplier from consideration in respect of procurement on the grounds that it does not have sufficient time to review the application, only if, in exceptional cases, due to the complexity of the procurement, the organization is unable to complete the examination of the application within the time limit provided for the submission of tenders. Organizations specified in Part 3 of Annex III 12. A procuring entity referred to in part 3 of annex III may use an advertisement inviting suppliers to apply for inclusion in a reusable list as an announcement of upcoming purchases, provided that: (a) the advertisement is published in accordance with paragraph 7 of this article and includes the information required by paragraph 8 of this article, all available information required in accordance with paragraph 2 of article 124, and a statement stating that it is an announcement of upcoming purchases, or that, that only suppliers from the reusable list will receive further announcements of purchases based on the reusable list; and (b) the organization immediately provides suppliers who have expressed interest in the purchase to the organization with sufficient information to enable them to assess their interest in the purchase, including all other information required under paragraph 2 of article 124, if such information is available. 13. The procuring entity referred to in part 3 of annex III may allow a supplier that has submitted an application for inclusion on the reusable list in accordance with paragraph 10 of this article to submit a tender offer for that purchase if the procuring entity has sufficient time to examine whether the supplier meets the conditions for participation. Information about the decisions of the purchasing organization 14. The procuring entity shall immediately inform the supplier who submits an application for participation in the procurement or an application for inclusion in the reusable list of the decision of the procuring entity with respect to the application or application. 15. If the procuring entity rejects the supplier's application for participation in the procurement or an application for inclusion in the reusable list, ceases to recognize the supplier's qualifications or removes the supplier from the reusable list, the organization immediately informs the supplier about this and, upon request of the supplier, immediately provides the supplier with a written explanation of the reasons for its decision.

Article 127 Technical specifications and tender documents

Technical specifications 1. The procuring entity shall refrain from drawing up, adopting or applying technical specifications or prescribing conformity assessment procedures with a view to creating or causing unnecessary obstacles to international trade. Technical specifications should provide equal access to suppliers and should not create undue obstacles to opening procurement markets to competition. 2. In describing the technical specifications of the goods or services to be procured, the procuring entity, where applicable: (a) establishes technical specifications based on performance and functional requirements rather than design requirements and descriptive characteristics; (b) bases technical specifications on international standards, if any, or on national technical regulations, recognized national standards or building codes. 3. If design requirements or descriptive characteristics are used in the technical specifications, the procuring entity indicates, where applicable, that it will consider a tender offer for equivalent goods or services that clearly satisfy the procurement requirements by including words such as "or equivalent" in the tender documentation. 4. The procuring entity does not establish technical specifications that require or refer to a particular trademark or trademark, patent, copyright, design, type, specific place of origin, specific manufacturer or supplier, unless there is no other sufficiently precise or understandable way to describe the procurement requirements, and provided that in such cases The organization includes words such as "or equivalent" in the tender documentation. 5. The procuring entity does not seek or accept advice that can be used in the preparation or adoption of any technical specification for a particular purchase from a person who may have a commercial interest in the purchase, in a way that hinders competition. 6. For greater certainty, a Party, including its procuring entities, may, in accordance with this article, draw up, adopt or apply technical specifications to promote the conservation of natural resources or environmental protection. Tender documentation 7. The procuring entity provides suppliers with access to the tender documents, which include all the necessary information to enable suppliers to prepare and submit appropriate tender proposals. If this is not already provided in the announcement of upcoming purchases, such documentation includes a full description of: (a) the procurement, including the main property and quantity of goods or services to be procured, or, when the quantity is not known, the estimated quantity, and the requirements to be met, including any technical specifications, certificate of conformity assessment, plans, drawings or instructions; (b) any terms of supplier participation, including a list of information and documents that suppliers are required to provide in connection with the terms of participation; (c) all evaluation criteria that the procuring entity will apply at the conclusion of the contract and the relative importance of such criteria, except where price is the only criterion; (d) if the procuring entity will conduct the purchase electronically, any authentication and encryption requirements or other requirements related to the electronic presentation of information; (e) if the procuring entity will conduct an electronic auction, the rules, including the identification of the elements of the tenders related to the evaluation criteria according to which the auction will be conducted; (f) if the tenders are expected to be publicly opened, the date, time and place for the opening and, where applicable, the persons authorized to attend; (g) any other terms, including payment terms and any restriction on the way in which tenders may be submitted, for example in paper format or electronically; (h) the dates of delivery of goods or services. 8. When setting any delivery date for the goods or services to be procured, the procuring entity takes into account factors such as the complexity of the procurement, the expected degree of subcontractor involvement, and the realistic time required to produce, ship, and transport the goods from the point of delivery or to provide the services. 9. The evaluation criteria set out in the announcement of upcoming purchases or tender documents may include, but are not limited to, prices and other cost factors, quality, technical criteria, environmental characteristics, and delivery conditions. 10. The procuring entity shall promptly: (a) provide the tender documents to ensure that interested suppliers have sufficient time to submit the relevant tenders; (b) provide, upon request, the tender documents to any interested supplier; and (c) responds to any reasonable request for relevant information from any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers. Changes 11. If, prior to the conclusion of the contract, the procuring entity changes the criteria or requirements set out in the announcement of upcoming purchases or tender documents provided to participating suppliers, or corrects or republishes the announcement or tender documents, it shall transmit in writing all such changes or the corrected or republished announcement or tender documents: (a) to all suppliers who participate in the the time of making the change, correction or republication, in cases where the suppliers are known to the procuring entity, and in all other cases, in the same manner as the information was originally provided; (b) at an appropriate time to allow such suppliers to modify and resubmit amended tender proposals, as appropriate.

Article 128references

General provisions 1. The procuring entity, taking into account its reasonable needs, shall provide sufficient time for suppliers to prepare and submit bids and related tenders, taking into account factors such as: (a) the nature and complexity of the procurement; (b) the expected degree of participation of subcontractors; and (c) the time required to transmit a tender offer by non-electronic means from abroad, as well as within the country, if electronic means of transmission are not used. Such deadlines, including any extension of deadlines, are the same for all interested or participating suppliers. Deadlines 2. The procuring entity that uses a selective tender establishes that the deadline for submitting applications for participation is, in principle, at least 25 days from the date of publication of the announcement of upcoming purchases. If, due to an urgent situation duly proven by the procuring entity, this period of time appears insufficient, the time limit may be reduced to at least ten days. 3. Except as provided in paragraphs 4, 5, 7 and 8, the procuring entity shall establish that the deadline for the submission of tenders is at least 40 days from the date on which: (a) in the case of an open tender, an announcement of upcoming purchases is published; or (b) in the case of a selective tender, the procuring entity notified suppliers that they will be invited to submit bids regardless of the use of the reusable list; 4. The procuring entity may reduce the tender period established in accordance with paragraph 3 to at least ten days if: (a) the procuring entity has published an announcement of planned purchases, as set out in paragraph 4 of article 124, not less than 40 days and not more than 12 months prior to the publication of the announcement of upcoming procurement, and the announcement of planned purchases contains: (i) a description of the procurement; (ii) approximate deadlines for the submission of tenders or bids; (iii) a statement by which interested suppliers should express their interest in the procurement to the procuring entity; (iv) the address at which documents related to the procurement can be received; and (v), if possible, all available information to be included in the announcement of upcoming purchases in accordance with paragraph 2 of article 124; ((b) The procuring entity for recurring purchases shall indicate in the initial announcement of upcoming purchases that subsequent announcements will indicate the time frame for the tender under this paragraph.; or (c) in an urgent, urgent situation, duly proven by the procuring entity, the deadline for holding the tender set in accordance with paragraph 3 is not feasible. 5. The procuring entity may shorten the tender period established in accordance with paragraph 3 by seven days for each of the following circumstances: (a) the announcement of upcoming purchases is published electronically; (b) all tender documents are available electronically from the date of publication of the announcement of upcoming purchases; and (c) the organization accepts tenders electronically. 6. The use of the provisions of paragraph 5 in conjunction with paragraph 4 in no case leads to a reduction of the tender period established in accordance with paragraph 3 to less than seven days from the date of publication of the announcement of upcoming purchases. 7. Notwithstanding any other provision in this article, if a procuring entity purchases commercial goods or services or any combination thereof, it may reduce the tender period established in accordance with paragraph 3 to at least 13 days, provided that it simultaneously publishes electronically an announcement of upcoming purchases and tender documents. In addition, if the procuring entity accepts tenders for commercial goods or services electronically, it may reduce the time limit set in accordance with paragraph 3 to at least seven days. 8. If the procuring entity referred to in part 3 of annex III has selected all or a limited number of qualified suppliers, the time limit for the tender may be set on the basis of a mutual agreement between the procuring entity and the selected suppliers. In the absence of an agreement, the deadline is at least seven days.

Article 129 Agreements

1. A Party may provide the procuring entities with the opportunity to negotiate: (a) if the procuring entity has expressed its intention to negotiate in an announcement of upcoming purchases in accordance with paragraph 2 of article 124; or (b) if, as a result of the evaluation, it turns out that no tender offer is clearly the most advantageous, taking into account specific criteria. estimates set out in the announcement of upcoming purchases or tender documents. 2. The procuring entity: (a) ensures that any exclusion of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the announcement of upcoming purchases or tender documents; and (b) upon completion of negotiations, provides a single deadline for the remaining participating suppliers to submit any new or revised tenders.

Article 130Tender with limited participation

1. Provided that the procuring entity does not use this provision to avoid competition between suppliers or to discriminate against suppliers from another Party, or to protect domestic suppliers, it may use a limited-participation tender and decide not to apply the provisions of articles 124, 125, 126, 127 (paragraphs 7-11), 128, 129, 131 and 132, but only in the presence of any of the following circumstances: (a) provided that the requirements of the tender documents have not been substantially changed, if: (i) no tender offer has been submitted, or no supplier has requested participation; (ii) no tender offer has been submitted that meets the basic requirements of the tender documents; (iii) no suppliers meet the conditions for participation; or (iv) the tenders submitted are based on collusion; (b) if the supply of goods or services can only be carried out by a specific supplier, and there is no reasonable alternative or substitute for the product or service for the following reasons: (i) a requirement for a work of art; (ii) protection of patents, copyrights, or other exclusive rights; or (iii) lack of competition for technical reasons; (c) for the purpose of additional supplies made by the original supplier of goods or services that were not included in the initial procurement, if the supplier's replacement for such additional goods or services: (i) cannot be made for economic or technical reasons, such as requirements for interchangeability or interoperability with existing hardware, software, services or installations obtained during the initial procurement; and (ii) may cause significant inconvenience or significant cost duplication to the procuring entity; (d) in conditions of severe necessity, when, due to extreme urgency caused by events that the procuring entity could not have foreseen, goods or services cannot be received in a timely manner using an open or selective tender; (e) for goods purchased on the commodity market; (f) if the procuring entity acquires prototypes or the first a product or service developed by her order during the execution or for the purposes of a specific contract for research, experimental, or initial development. The initial development of a first product or service may include limited production or supply to summarize test results and demonstrate that the product or service is suitable for production or supply in quantities that meet acceptable quality standards, but does not include mass production or supplies that ensure the commercial viability of the product or service or cover the costs of Research and development; (g) for purchases made under exceptionally favorable conditions that arise in a very short time in the event of unforeseen alienation of property, such as liquidation, bankruptcy and bankruptcy, rather than regular purchases from permanent suppliers; (h) if a contract is concluded with the winner of the competition for the best design, provided that (i) the competition It is organized in accordance with the principles of this chapter, in particular with regard to the publication of announcements about upcoming purchases.; (ii) the participants were evaluated by an independent competition committee in order to conclude a design contract with the winner. 2. The procuring entity shall prepare a written report on each contract concluded in accordance with paragraph 1. The report shall include the name of the procuring entity, the cost and type of goods or services to be purchased, as well as a statement indicating the circumstances and conditions set out in paragraph 1 that justify the use of a limited-participation tender.

Article 131 Electronic auctions

1. Procurement organizations may use electronic auctions. 2. In open tenders, tenders with limited participation, or negotiation procedures, the procuring entity may decide that the conclusion of the contract should be preceded by an electronic auction, when the contract specifications can be accurately determined. The electronic auction is based: (a) solely on prices, when the contract is concluded at the lowest price.; or (b) on the prices and/or on the new values of the characteristics of the tenders indicated in the specification, when the contract is concluded for the most advantageous tender offer. 3. The purchasing organization, which has decided to hold an electronic auction, indicates this fact in the announcement of upcoming purchases. The specifications include, among other things, the following details: (a) characteristics whose values will be the subject of an electronic auction, provided that such characteristics are measurable and can be expressed in numbers or percentages; (b) any restrictions on the values that may be presented, as they follow from the specifications relating to the subject matter of the procurement; (c) information that will be available to participants during the electronic auction and, where appropriate, the time when it will be available to them; (d) relevant information regarding the electronic auction process; (e) the conditions under which participants will be able to make a bid and, in particular, the minimum differences that will be required when submitting an application, where applicable; (f) relevant information regarding the electronic equipment used, parameters and technical specifications for communication. 4. Prior to the electronic auction, the procuring entity conducts a full initial evaluation of the tenders in accordance with the criteria for concluding a contract or a set of criteria and values established for them. All participants who have submitted eligible bids are invited to submit new prices and/or new values electronically at the same time.; The invitation contains all relevant information regarding the individual connection to the electronic equipment used and indicates the date and time of the start of the electronic auction. An electronic auction can take place in several consecutive stages. The electronic auction cannot start earlier than two business days after the date of sending invitations. 5. If the contract is concluded on the basis of the most advantageous tender offer, the invitation is accompanied by the result of a full evaluation of the relevant participant. The invitation also specifies a mathematical formula that will be used in the electronic auction to determine the rating, which is automatically updated based on the new prices and/or new values submitted. This formula includes the measurement of all established criteria to determine the most advantageous tender offer, as indicated in the contract announcement or in the specifications; for this purpose, however, any ranges are reduced to a preset value. 6. During each stage of the electronic auction, the customers immediately provide all participants with sufficient information, at least so that they can find out their relative place in the rating at any given time. They may also provide other information regarding other prices or values presented, provided that this is specified in the specifications. They can also announce the number of participants at this stage of the auction at any time. However, in no case can they disclose the identity of the participants at any stage of the electronic auction. 7. The procuring entity closes the electronic auction in one or more of the following ways: (a) specifying a predetermined date and time in the invitation to participate in the auction; (b) specifying in the invitation to participate in the auction a fixed period from the date of receipt of the last bid to the closing of the electronic auction, if it does not receive new prices or new values, (c) if all stages of the auction, the number of which is indicated in the invitation to participate in the auction, have been completed. 8. If the procuring entity has decided to close the electronic auction in accordance with subparagraph (c) paragraph 7, possibly in combination with the provisions set out in subparagraph (b) of the same paragraph, the invitation to participate in the auction specifies the time frame for each stage of the auction. 9. After the electronic auction is closed, the procuring entity concludes a contract in accordance with article 132 based on the results of the electronic auction. 10. Procurement organizations may not unlawfully access electronic auctions and may not use them to impede, restrict or distort competition or modify the subject matter of the contract tendered in the published announcement of upcoming purchases and defined in the specification.

Article 132 Review of tenders and conclusion of contracts

Consideration of tenders 1. The procuring entity shall receive, open and review all tenders in accordance with the procedure guaranteeing the fairness and impartiality of the procurement process, as well as the confidentiality of tenders. 2. The procuring entity shall not punish a supplier whose tender offer is received after the deadline set for receiving tenders, if the delay is solely due to negligence on the part of the procuring entity. 3. If the procuring entity provides the supplier with an opportunity to correct unintended errors between the opening of tenders and the conclusion of the contract, the procuring entity provides the same opportunity to all participating suppliers. Conclusion of contracts 4. In order to be considered for the conclusion of a contract, the tender offer is submitted in writing and, at the time of opening, meets the basic requirements set out in the announcement and tender documentation, and is submitted by a supplier who meets the conditions of participation. 5. Unless the procuring entity decides that the conclusion of the contract is not in the public interest, the organization enters into a contract with a supplier whom the organization has determined to be able to fulfill the terms of the contract and who, based solely on the evaluation criteria specified in the announcements and tender documents, has submitted: (a) the most advantageous tender offer; or (b) the lowest price if the price is the only criterion. 6. If the procuring entity receives a tender offer with a price that is excessively low in comparison with the prices of other submitted tenders, it may check the supplier for its compliance with the conditions for participation, as well as for its ability to fulfill the terms of the contract. 7. The procuring entity does not use options, cancel purchases, or amend existing contracts to circumvent its obligations under this chapter.

Article 133 Transparency of procurement information

Information provided to suppliers 1. The procuring entity shall immediately inform the participating suppliers of its decision to conclude the contract and, upon request of the supplier, shall do so in writing. Subject to the provisions of paragraphs 2 and 3 of article 134, the procuring entity, upon request, provides explanations to the losing supplier on the reasons why the organization did not select its tender offer and on the relative advantages of the winning supplier's tender offer. Publication of information about the conclusion of the contract 2. No later than 72 days after the conclusion of each contract covered by this chapter, the procuring entity shall publish the notification in the appropriate paper or electronic media listed in part 2 of annex IV. If the organization publishes the notification only in electronic media, the information remains readily available for a reasonable period of time. The notification shall include at least the following information: (a) a description of the goods or services to be procured; (b) the name and address of the procuring entity; (c) the name and address of the winning supplier; (d) the value of the winning tender offer or the highest or lowest bid that was taken into account at the conclusion of the contract; (e) the date of conclusion of the contract; and (f) the procurement method used and, in the case of a restricted tender in accordance with article 130, a description of the circumstances justifying the use of a limited-participation tender. Documentation, reporting, and electronic traceability 3. Each procuring entity shall maintain, for a period of at least three years from the date of conclusion of the contract: (a) documents and reports on tendering procedures and on the conclusion of contracts related to the covered procurement, including reports required under article 130; and (b) data ensuring that the conduct of the covered procurement is properly traceable electronically.

Article 134 Disclosure of information

Providing information to the Parties 1. At the request of the other Party, the Party shall immediately provide any information necessary to determine that the procurement was conducted fairly, impartially and in accordance with this chapter, including information on the characteristics and relative advantages of the winning tender offer. If disclosure of information may prejudice competition in future tenders, the Party receiving the information should not disclose it to any suppliers, except in cases where the Party providing the information agrees to this as a result of a discussion of the matter between the Parties. Non-disclosure of information 2. Notwithstanding the other provisions of this chapter, a Party, including its procuring entities, does not provide any individual supplier with information that could prejudice fair competition between suppliers. 3. Nothing in this chapter shall be interpreted as requiring a Party, including its procuring entities, authorities, and supervisors, to disclose confidential information, the disclosure of which: (a) impedes the enforcement of the law; (b) may prejudice fair competition between suppliers; (c) may prejudice the legitimate commercial interests of certain individuals., including intellectual property protection; or (d) is otherwise contrary to the public interest.

Article 135international appeal procedures

1. Each Party shall ensure a timely, effective, transparent and non-discriminatory administrative or judicial appeal procedure through which a supplier, in the context of a covered procurement in which the supplier has or had an interest, may appeal: (a) a violation of the requirements of this chapter; or (b) the inability of a Party to comply with the requirements of this chapter if the supplier has no right to directly appeal a violation of this chapter in accordance with the national legislation of the Party. 2. The rules of procedure for all appeals under paragraph 1 must be in writing and publicly available. 3. If a supplier receives a complaint from a supplier in the context of a covered procurement in which the supplier has or had an interest that there has been a violation or inability to comply with the measures referred to in paragraph 1, the Party of the procuring entity that conducts the procurement shall invite that organization and the supplier to resolve the problem through consultations. The procuring entity shall examine any such complaint impartially and in a timely manner, without prejudice to the supplier's participation in current and future procurement or its right to request corrective action in accordance with an administrative or judicial appeal procedure. 4. Each supplier is given a sufficient amount of time to prepare and submit a complaint, which in no case is less than 10 days from the moment when the basis for the complaint became known, or there are sufficient grounds to believe that the supplier became aware of it. 5. Each Party shall establish or appoint at least one impartial administrative or judicial body independent of its procuring entities to receive and review a supplier's complaint arising in connection with the covered procurement. 6. If the complaint is initially considered by a body other than the body referred to in paragraph 5, the Party shall ensure that the supplier can appeal the initial decision to an impartial administrative or judicial body independent of the procuring entity whose procurement is the subject of the complaint. 7. Each Party shall ensure that a non-judicial review body makes a decision subject to judicial review or establishes procedures providing that: (a) the procuring entity responds in writing to the complaint and discloses all relevant documents to the appeal body; (b) the participants in the proceedings (hereinafter referred to as "participants") have the right to be heard before the appeal body makes a decision on the complaint; (c) participants have the right to representation and escort; (d) participants have access to all procedures; (e) Participants have the right to require that the case be considered publicly and that witnesses be present; (f) the appeals body makes its decisions or recommendations in a timely manner, in writing, and includes an explanation of the rationale for each decision or recommendation. 8. Each Party shall establish or maintain procedures providing for: (a) operational interim measures to preserve the supplier's ability to participate in procurement; and (b) in cases where the appeal authority has determined that there has been a violation or inability to comply with the measures referred to in paragraph 1, corrective measures or compensation for losses or damages incurred, the amount of which may be limited to the costs of preparing the tender offer, or the costs associated with the appeal, or both. 9. The operational interim measures referred to in subparagraph (a) of paragraph 8 may lead to the suspension of the procurement process. The procedures referred to in paragraph 8 may provide that the most serious negative consequences for stakeholders, including the public interest, may be taken into account when deciding whether to apply such measures. The justified reason for inaction is provided in writing.

Article 136 Amendments and clarifications to the scope of application

1. A Party may propose changes or clarifications to the elements in Annex III that relate to that Party. Amendments 2. When a Party proposes a change, it shall: (a) notify the other Party in writing; and (b) include in the notification a proposal to the other Party for appropriate compensatory adjustments in order to maintain a level of coverage comparable to that existing before the change. 3. Notwithstanding paragraph 2 (b), a Party should not provide compensatory adjustments if: (a) the change in question is insignificant in its effect; or (b) the change concerns an organization from which the Party has effectively withdrawn its control or influence. 4. The amendment is deemed to have been accepted by the other Party, including for the purposes of Chapter 14 (Dispute Resolution) of this Section, unless it submits a written objection within 45 days of receiving the notification referred to in subparagraph (a). paragraph 2 states that: (a) the adjustment proposed in accordance with subparagraph (b) paragraph 2 is sufficient to maintain a comparable level of mutually agreed coverage; (b) the change is minor in effect in accordance with subparagraph (a) Paragraph 3; or (c) the change affects an organization from which the Party has effectively withdrawn its control or influence in accordance with subparagraph (b) Paragraph 3. Clarifications 5. The following changes in parts 1-3 of Annex III are considered clarifications, provided that they do not affect the mutually agreed scope provided for in this chapter: (a) a change in the name of the organization; (b) a merger of two or more organizations listed in the same part of Annex III; and (c) the division of the organization into two or more organizations, provided that all new organizations are added to the same part of Annex III as the original organization. 6. The Party proposing clarifications shall notify the other Party every two years after the date of commencement of application of this Section.1

___________________1 The European Union is considered to be fulfilling this obligation if it notifies the Republic of Kazakhstan of any clarifications in parallel with the notification cycle under the WTO Agreement on Public Procurement.

7. A Party may notify the other Party of an objection to a proposed clarification within 45 days of receiving the notification referred to in paragraph 6. If a Party submits an objection, it shall indicate the reasons why it considers that the proposed clarification is not a change provided for in paragraph 5 and describe the impact of the proposed clarification on the mutually agreed coverage provided for in this By agreement. If no written objection has been submitted within 45 days of receipt of the notification, the Party is considered to have agreed to the proposed clarification. Cooperation Committee 8. If, within the time limit provided for in paragraphs 4 and 7, no objection has been received to the proposed amendment or clarification, the Cooperation Committee shall amend annex III to reflect any such amendment or clarification. The amendment or clarification shall take effect on the day following the expiration date referred to in paragraphs 4 and 7. 9. If there is an objection to the proposed change or clarification, the Cooperation Committee discusses the matter. The Cooperation Committee may decide to approve the amendment or clarification and amend annex III accordingly.

Article 137 Transitional period

This Chapter begins to apply five years after the date of the beginning of the application of this Section. With respect to the goods listed in Part 4 of Annex III and the services covered by Part 6 of Annex III, this chapter shall begin to apply eight years after the date of commencement of application of this Section.

CHAPTER 9 RAW MATERIALS AND ENERGY

Article 138 Definitions

For the purposes of this chapter: (a) "raw materials" means substances used in the production of industrial goods, with the exception of energy products, processed fish products or agricultural products, but including natural rubber, unprocessed hides and skins, wood and cellulose, silk, wool, cotton and other vegetable textile materials; (b) "energy products" means natural gas, liquefied natural gas, liquefied petroleum gas (LPG) (HS 27.11), electric energy (HS 27.16), crude oil and petroleum products (HS 27.09-27.10 and 27.13-27.15), coal and other solid fuels (HS 27.01-27.04) based on the Harmonized Commodity Description and Coding System of the World Customs Organization (HS) and the Combined Nomenclature of the European Union; (c) "partnership" means any legal entity that is a commercial organization under the jurisdiction or control of any Party, such as, but not limited to, a corporation, trust, partnership, joint venture, or association; (d) "service provider" means a service provider as defined in paragraph (q) article 40; (e) "measure" means a measure as defined in paragraph (a) of article 40; (f) "transportation" means the transmission and distribution of energy goods through high-pressure oil and petroleum products and natural gas pumping pipelines, high-voltage electric power transmission systems and lines, railways and highways, and other infrastructure facilities used for the transportation of energy goods; (g) "unauthorized sampling" means any activity consisting of the illegal extraction of energy products from pumping pipelines for oil and petroleum products and high-pressure natural gas, high-voltage systems and power transmission lines, railways and highways, and other infrastructure facilities used to transport energy products; (h) "emergency" means a situation that has caused a significant disruption or physical interruption of the supply of natural gas, oil or electric energy between the Republic of Kazakhstan and the European Union, including transit through third countries, or a situation of exceptionally high demand for energy products in the Republic of Kazakhstan or the European Union, in which market measures are insufficient, And non-market measures should be additionally introduced.; (i) "local content requirement" means: (i) in relation to goods, a requirement for an enterprise to purchase or use goods of domestic origin or from a domestic source specified in relation to a specific product, in relation to the volume or value of the product, or in relation to a proportion of the volume or value of its local production; (ii) in relation to services a requirement that restricts the choice of the service provider or the service provided to the detriment of the services or service providers of the other Party; (j) "state-owned enterprise" means any enterprise engaged in commercial activities in which a Party at the central or regional level directly or indirectly owns more than 50% of the company's share capital or the votes assigned to shares issued by the company; (k) "legal entity" means a legal entity as defined in paragraph (d) Article 40; (l) "legal entity of a Party" means the legal entity of a Party as defined in paragraph (e) of Article 40.

Article 139 Price regulation

1. The Parties shall strive to ensure that the price for the supply of raw materials or energy products to industrial consumers, if regulated by the Government of the Party, covers costs and ensures reasonable profits. 2. If the price of raw materials or energy products sold on the domestic market differs from the export price of the same product, the exporting Party, at the request of the other Party, provides information on such a difference, with the exception of transportation costs and export taxes.

Article 140 Trade and export monopolies

The Parties do not maintain or establish a trade or export monopoly on the export of raw materials or energy products, except in cases where the Party exercises its priority (preferential) right to purchase crude and dry gas and gold.

Article 141 Purchase and rights to study, explore and extract hydrocarbons (crude oil and natural gas)

1. Nothing in this Agreement violates the full sovereignty of the Parties in accordance with international law with respect to hydrocarbon resources located on their territory, in mainland, archipelagic and territorial waters, as well as sovereign rights for the purpose of exploration and exploitation of hydrocarbon resources located in their exclusive economic zones and on the continental shelf. 2. The Parties reserve the right to determine areas within their territories, mainland, archipelagic, territorial waters, exclusive economic zones and the continental shelf for the implementation of activities for the study, exploration and production of hydrocarbons. 3. When a sovereign decision of a Party is made, as set out in paragraph 2, each Party shall ensure that enterprises of the other Party are not discriminated against with respect to access and exercise of rights to explore, explore and extract hydrocarbons, provided that the said enterprise is established as a legal entity in the territory of the host Party granting access. 4. Each Party may require an enterprise that has been authorized to carry out activities for the study, exploration and production of hydrocarbons to make a contribution in the form of cash or the provision of hydrocarbons. 5. The Parties shall take the necessary measures to ensure that licenses or other permits, on the basis of which the enterprise is authorized to exercise the rights to study, explore and produce hydrocarbons, are issued after a published procedure or an invitation by notification to potential interested applicants of the Parties to submit applications. The notification shall specify the type of license or other permit, the relevant geographical area, and the expected date or deadline for granting the license or other types of permits. 6. Paragraphs 3-5 are without prejudice to the right of a State-owned enterprise to obtain access and rights to explore, explore and produce hydrocarbons through direct negotiations with its Side. If such a State-owned enterprise decides to transfer, in whole or in part, its right to explore, explore and produce hydrocarbons, the obligations provided for in paragraphs 3 and 5 shall apply. 7. Article 53 applies to the terms of licensing and the procedure for issuing a license.

Article 142 Conditions for investments in raw materials and energy products

In order to encourage investments in the exploration, exploration, production and development of raw materials and energy products, neither Party: (a) retains or establishes measures providing for local content requirements affecting the goods, service providers, investors or investments of the other Party, unless otherwise provided by the Protocol on the Accession of the Republic of Kazakhstan to The WTO and the Lists of specific obligations under the GATS of the European Union and its member States. (b) does not retain or establish measures by which an enterprise of the other Party is required to transfer or share intellectual property rights in order to sell goods or services or invest in the territory of that Party. The Parties may conclude contracts for such transfers on a voluntary basis with investors who seek to obtain rights to explore, explore, extract and develop raw materials and energy products, provided that they are carried out under market conditions and at a market price.

Article 143Transit

1. The Parties shall take all necessary measures to facilitate the transit of energy goods in accordance with the principle of freedom of transit and in accordance with paragraphs 1 and 3 of Article 7 of the Energy Charter Treaty. 2. Each Party prohibits the unauthorized selection of raw materials and energy products during transit or transportation through its territory by any enterprise subject to its control or jurisdiction, and takes all necessary measures to combat such unauthorized selection.

Article 144 Suspension

1. Each Party shall take all possible measures to ensure that operators of main pipelines and energy transit or transportation systems: (a) minimize the risk of sudden interruption, reduction or termination of transit and/or transportation; (b) promptly restore the normal operation of such transit or transportation, which were suddenly interrupted, reduced or terminated. 2. The Party through whose territory energy goods are transited or transported or in whose territory they are received and stored as part of a transport/transit route, in the event of a dispute over any issue involving the Parties or one or more enterprises under the control or jurisdiction of one Party, shall not interrupt or shorten or permit any to an enterprise under its control or jurisdiction, to interrupt or reduce existing transit, transportation, receipt and storage as part of a transport/transit route of energy goods, except as specifically provided for in a contract or other agreement governing such transit, transportation, receipt and storage as part of a transport/transit route, pending the completion of the dispute resolution procedure under the relevant contract or dispute resolution procedure set out in Chapter 14. (Dispute settlement) of this Section, regarding emergency situations defined in paragraph (h) of Article 138.3. The Party is not responsible for the interruption or reduction of transit, in accordance with this Article, in force majeure situations or if the Party is unable to supply or transit energy goods as a result of actions attributed to a third country or an enterprise under the control or jurisdiction of a third country.

Article 145 Access to high-voltage networks and electric power transmission lines

1. A Party shall provide enterprises of the other Party established as a legal entity in the territory of the Party providing access with non-discriminatory access to high-voltage networks and electric energy transmission lines that are partially or fully owned and regulated by the Party providing access, within the limits of the available capabilities of such systems and lines. Access is provided in a fair and equal manner. 2. When applying measures related to networks and transmission lines, a Party shall ensure compliance with the following principles: (a) all legal and regulatory measures on access and transportation tariffs are fully transparent; (b) the measures do not discriminate with respect to the origin of electric energy in its territory and with respect to the destination of electric energy; and (c) non-discriminatory transportation tariffs are applied to enterprises of the Republic of Kazakhstan and the European Union.

Article 146 Regulatory authorities in the field of electricity and gas

1. Each Party establishes regulatory authorities and gives them the authority to manage electricity and gas markets in its territory. These regulatory authorities are legally separate and functionally independent from any other government agencies or market participants. 2. The decisions and procedures applied by the regulatory authorities are impartial in relation to all market participants. 3. A market participant negatively affected by the decision of the regulatory body has the right to appeal this decision to the appellate body. If the appellate body is not independent of the parties involved and is non-judicial in nature, then the decisions of the appellate body are subject to review by an impartial and independent judicial body. The decisions of the appellate body and the judicial body contain the reasons for their adoption and are submitted in writing. The parties shall ensure that the final decision of the appellate body or judicial body, regardless of who is the last instance, is effectively enforced.

Article 147 Renewable energy sector

1. This Article applies to measures that may affect trade and investment between the Parties related to the production of energy from renewable non-renewable energy sources, including wind, solar and water power, but does not apply to products from which such energy is generated. 2. Each Party: (a) shall refrain from maintaining or establishing measures requiring the establishment of a partnership with local companies, unless such partnership is necessary for technical reasons and the Party maintaining or establishing such measures can demonstrate such technical reasons at the request of the other Party.; (b) ensure that any rules regarding authorization, certification and licensing procedures, where applicable, in particular with respect to equipment, plants and related transmission network infrastructure, are objective, transparent and involuntary and do not discriminate against applicants from the other Party. (c) ensure that administrative fees in the renewable energy sector, such as those paid by consumers, planners, architects, builders and installers and equipment suppliers, are transparent and limited to the approximate cost of services provided; (d) ensure that the import and use of goods originating from the other Party or the supply of goods by the supplier of the other Party were governed by the provisions of Chapter 1 (Trade in goods) of this Section; (e) ensure that the provision of services by suppliers of the other Party is governed by Article 53; (f) ensure that the terms, conditions and procedures for connection and access to electricity transmission networks are transparent and non-discriminatory with respect to suppliers of the other Party or with respect to electricity from renewable resources. The Parties shall ensure that appropriate measures related to networks and the market are taken to minimize the reduction (limitation) of the volume of electricity produced from renewable sources.; (g) refrains from imposing or maintaining a requirement: (i) for an enterprise of the other Party to purchase or use products of local origin or from any local source of the Party imposing the requirement specified in respect of a specific product, volume or value of the product, or in respect of a proportion of the volume or value of its local production; or (ii) so that the purchase and use of imported goods by the enterprise is limited to the amount related to the volume or value of local goods that it exports. 3. If international and regional standards exist for equipment and systems for energy production from renewable and non-renewable sources, the Parties shall use these standards or their respective parts as the basis for their technical regulations, except in cases where such international standards or their respective parts are ineffective or inconsistent with legitimate purposes. For the purposes of applying this paragraph, the International Organization for Standardization and the International Electrotechnical Commission are considered to be the relevant international standard-setting bodies. 4. Where appropriate, the Parties shall establish technical regulations based on product requirements in relation to production, including environmental impact, rather than in relation to product design or description. 5. Nothing in this Article shall be interpreted as preventing any Party from establishing or implementing measures necessary for the safe operation of the energy networks in question or the security of energy supplies, provided that such measures are not applied in such a way as to constitute a means of arbitrary or unjustified discrimination between the products, service providers and investors of the Parties, if similar conditions prevail, or hidden restrictions on trade and investment between the Parties.

Article 148 Cooperation in the field of raw materials and energy products

1. Without prejudice to the provisions of articles 204-208, the Parties agree to strengthen cooperation and promote mutual understanding among themselves in the field of trade in raw materials and energy products. 2. The Parties recognize that respecting the principles of transparency and non-discrimination and ensuring that rules do not distort trade are the best way to create an environment conducive to foreign direct investment in the production and trade of raw materials and energy products. In general, such an environment promotes the efficient distribution and use of raw materials and energy products. 3. Cooperation and the promotion of mutual understanding covers bilateral trade issues as well as issues of common interest arising from international trade. Such issues include trade distortions affecting global markets, environmental and development issues specifically related to trade in raw materials and energy products, as well as corporate social responsibility in accordance with internationally recognized standards such as the OECD Guidelines for Multinational Enterprises and the OECD Recommended Procedure for Mineral Supply Chains from Affected Areas. conflict, and high-risk areas. Cooperation and the promotion of mutual understanding includes the exchange of data and information on the regulatory framework in relation to the raw materials and energy sectors. This is not interpreted as a requirement for the Parties to provide any information, the disclosure of which they consider to be contrary to their security interests. 4. Any Party may request to organize a special meeting related to the issues of raw materials and energy products, or a special session on raw materials and energy products during the meetings of the Cooperation Committee. If appropriate, bilateral cooperation can be further expanded to an appropriate plurilateral or multilateral forum in which both Sides participate.

Article 149 Early warning mechanism

1. The Parties shall establish an early warning mechanism in order to take practical measures aimed at preventing and responding quickly to an emergency situation or its threat. 2. The Parties shall jointly take actions to: (i) early assess potential risks and problems related to the supply and demand of natural gas, oil or electricity; and (ii) prevent and respond quickly in the event of an emergency or its threat. 3. If a Party becomes aware of an emergency or a situation that, in its opinion, may lead to an emergency, that Party shall notify the other Party as soon as possible. 4. For the purposes of this article, the Parties agree that the responsible persons are the Minister of the Republic of Kazakhstan responsible for relevant energy issues and a Member of the European Commission on Energy Issues. 5. Upon receipt of the notification, the Parties provide each other with their assessment of the situation. 6. Any Party may request consultations within three calendar days of receipt of the notification in order to: (a) develop an overall assessment of the situation; (b) develop recommendations for emergency response and minimizing the impact of the emergency; (c) establish a special monitoring group to, inter alia, monitor energy flows in the relevant locations of the country under consideration. infrastructure. 7. The Parties shall cooperate, if appropriate, with third countries in order to eliminate the threat of an emergency or overcome an emergency situation. 8. In the event of a continuing emergency, either Party may initiate an emergency dispute resolution procedure in accordance with the special mechanism provided for in Chapter 14 (Dispute Resolution) of this Section. 9. From the moment of receiving the notification, the Parties shall refrain from any actions that may aggravate or intensify the emergency situation, taking measures in accordance with this situation. 10. In the dispute settlement procedure under this Agreement, a Party shall not rely on or provide as evidence the following: (a) positions held by the other Party or proposals made by the other Party during the procedure under this article; or (b) any factor indicating the other Party's willingness to take a decision on an emergency situation. mentioned in this article. 11. The Cooperation Committee may, if necessary, develop detailed measures for the application of this article.

Article 150Exclusions

1. This chapter is without prejudice to any exceptions, exclusions, reservations or limitations provided for in this Agreement. 2. This chapter does not apply to research projects, development projects, or demonstration projects carried out on a non-commercial basis. 3. Nothing in this chapter shall be interpreted as preventing any Party from establishing or implementing measures necessary for the safe operation of energy infrastructure, including appropriate energy transportation and production equipment, in the interests of national security and public safety, including emergency prevention and response, provided that such measures are not applied in such a way as to constitute It is a means of arbitrary or unjustified discrimination between the products, service providers or investors of the Parties., where similar conditions prevail, or hidden restrictions on trade and investment between the Parties.

CHAPTER 10THE TRADE AND SUSTAINABLE DEVELOPMENT

Article 151 Context and objectives

1. The Parties take into account the Agenda for the 21st Century of the United Nations Conference on Environment and Development in 1992, the Declaration of the International Labour Organization (ILO) on Fundamental Principles and Rights at Work in 1998, the Johannesburg Plan of Implementation on Sustainable Development in 2002, the Ministerial Declaration of the United Nations Economic and Social Council on Full and Productive Employment and Decent work for All, adopted in 2006, as well as the ILO Declaration on Social Justice for a Fair Globalization, adopted in 2008., and the Final Document of the 2012 UN Conference on Sustainable Development, included in Resolution 66/288, adopted by the UN General Assembly on July 27, 2012, entitled "The future we want." 2. The Parties reaffirm their commitment to promote the development of international trade in a way that contributes to the goal of sustainable development, for the benefit of present and future generations. The Parties strive to ensure that this goal is integrated and reflected at every level of their trade relations.

Article 152 - Multilateral environmental and labor standards and agreements

1. The Parties recognize the importance of international regulation and international agreements in the field of the environment as a response of the international community to global or regional environmental problems. 2. The Parties recognize that full and productive employment and decent work for all are key elements of sustainable development for all countries and a priority goal of international cooperation. 3 1. The Parties recognize the importance of international regulation and international agreements in the field of the environment as a response of the international community to global or regional environmental problems. 2. The Parties recognize that full and productive employment and decent work for all are key elements of sustainable development for all countries and a priority goal of international cooperation. 3. In this context, the Parties reaffirm their commitment to effectively implement into their legislation and practice the multilateral environmental agreements to which they are parties and the ILO conventions ratified by the Republic of Kazakhstan and the member States of the European Union, respectively.

Article 153the right to regulation and levels of protection

1. The Parties recognize the right of each Party to establish its own levels of national environmental and labor protection and, accordingly, to adopt or amend its laws and policies in accordance 1. The Parties recognthe right of each Party to establish its own levels of national environmental and labor protection and, accordingly, to adopt or amend its laws and policies in accordance with internationally recognized standards and agreements referred to in Articl

Article 154trade and investments promoting sustainable development

1. The Parties reaffirm their commitment to enhance the contribution of trade to achieving the goal of sustainable development in its economic, social and environmental dimensions. Accordingly, they agree to promote: (a) trade and investment in environmentally friendly goods and services, as well as in climate-friendly products and technologies; (b) the use of sustainability frameworks such as fair and ethical trade or eco-labeling; and (c) corporate social responsibility practices. 2. The Parties exchange information and share experiences on their actions to promote coherence and complementarity between trade, social and environmental objectives. In addition, the Parties are expanding their cooperation and dialogue on sustainable development issues that may arise in the context of their trade relations, including on the relevant aspects mentioned in Section IV (Cooperation in the field of economic and sustainable development). 3. The dialogue and cooperation referred to in paragraph 2 of this article shall include relevant stakeholders, in particular social partners, as well as other civil society organizations, through the cooperation of civil society established in accordance with article 251.4. The Cooperation Committee may adopt rules for such cooperation and dialogue.

Article 155 Dispute settlement

Subsection 2 of Section 3 of Chapter 14 (Dispute Resolution) of this Section does not apply to disputes under this chapter. For any such dispute, after the arbitration commission has sent its final report in accordance with articles 180 and 182, the Parties, taking into account the report, discuss the applicable measures to be implemented. The Cooperation Committee monitors the implementation of any such measures and reviews the matter, including through the mechanism referred to in paragraph 3 of article 154.

CHAPTER 11COMPETITION

Article 156principles

The Parties recognize the importance of free and undistorted competition in their trade relations. The Parties recognize that anticompetitive business practices and government interference, including subsidies, have the potential to distort the proper functioning of markets and undermine the benefits of trade liberalization.

Article 157antimonopoly and merger legislation and their implementation

1. Each Party maintains comprehensive competition legislation in force on its territory, which effectively counteracts anticompetitive agreements, concerted actions and anticompetitive unilateral actions of enterprises with a dominant market position, as well as ensures effective concentration control. 2. Each Party shall maintain functionally independent bodies responsible for the effective implementation of the competition legislation referred to in paragraph 1 and appropriately equipped for this purpose. 3. The Parties recognize the importance of applying their competition laws in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and the right to protect the enterprises in question.

Article 158 State monopolies, state-owned enterprises and enterprises endowed with special or exclusive rights or privileges

1. Nothing in this chapter shall prevent a Party from establishing or maintaining State monopolies or State-owned enterprises, or from granting enterprises special or exclusive rights or privileges in accordance with its legislation. 2. With respect to State monopolies, State-owned enterprises and enterprises endowed with special or exclusive rights or privileges involved in economic activities, each Party shall ensure that such enterprises are subject to the competition legislation referred to in article 157. For the purposes of this chapter, economic activity consists in offering goods and services on the market. It does not include activities carried out in the exercise of State power, namely activities carried out on a non-commercial basis and not in competition with one or more economic operators. 3. The application of the competition law referred to in article 157 does not prevent, legally or in practice, the fulfillment of certain tasks of public interest assigned to the enterprises in question. Exceptions should be limited and transparent. Trade and investment are not affected to such an extent as to undermine the objectives of this Agreement.

Article 159 of the Subsidy

1. For the purposes of this article, "subsidy" means a measure that fulfills the terms of Article 1 of the CCM Agreement, regardless of whether it is provided to enterprises for the production of goods or for the provision of services, and which is specific within the meaning of article 2 of the said Agreement. 2. Each Party ensures transparency in the field of subsidies. To this end, every two years from the date of commencement of application of this Section, each Party shall submit to the other Party a report on the legal basis, including the purpose of the policy or purpose of the subsidy, the duration or any other time frame, its form, and, if possible, the amount or budget and recipient of the subsidy provided by its Government or public authority. Such a report is considered submitted if the relevant information is published on a publicly accessible website or through the WTO notification mechanism. 3. If a Party considers that a subsidy provided by the other Party negatively affects the interests of the first Party, the first Party may request consultations on this issue. The requested Party shall give due consideration to such a request. The consultations are aimed, in particular, at determining the purpose of the subsidy, whether the subsidy has an incentive effect and whether it is proportionate, and whether any measures are being taken to limit the potential distorting effect on trade and investment of the requesting Party.1

___________________1 A subsidy is proportional if its amount is limited to what is necessary to achieve the goal.

4. In order to facilitate consultations, the requested Party shall provide information on the subsidy in question within no more than 90 days from the date of receipt of the request. If the requesting Party, after receiving information about the relevant subsidy, considers that the subsidy in question has a negative impact or may adversely affect the trade or investment interests of the requesting Party disproportionately, the requested Party shall make every effort to combat the negative impact on the trade and investment interests of the requesting Party caused by the subsidy in question. 5. Paragraphs 3 and 4 do not apply to subsidies related to fisheries and trade in goods included in Annex 1 to the WTO Agreement on Agriculture.

Article 160 Dispute settlement

The provisions of Chapter 14 (Dispute settlement) of this Section do not apply to articles 156-158 and paragraphs 3 and 4 of Article 159.

Article 161 Relations with the WTO

The provisions of this Chapter are without prejudice to the rights and obligations of the Party under the WTO Agreement, in particular the SCM Agreement and the WTO Agreement on Rules and Procedures for Dispute Settlement.

Article 162confidence

When exchanging information in accordance with this chapter, the Parties shall take into account the restrictions imposed by the requirements for maintaining professional and business secrecy.

CHAPTER 12 STATE-OWNED ENTERPRISES, ENTERPRISES CONTROLLED BY THE STATE, AND ENTERPRISES ENDOWED WITH SPECIAL OR EXCLUSIVE RIGHTS OR PRIVILEGES

Article 163 Definitions

For the purposes of this chapter: (a) "state-owned enterprise" means any enterprise engaged in commercial activities in which a Party at the central or local level owns more than 50% of the company's share capital or the votes assigned to shares issued by the enterprise; (b) "State-controlled enterprise" means any enterprise involved in a commercial activity in which a Party at the central or local level exerts or has the ability to exert decisive influence, directly or indirectly, by right of its financial participation in it or according to the rules or practices of its operation, or in any other way related to by establishing such a decisive influence. The influence of a Party is considered decisive when a Party, directly or indirectly, can appoint more than half of the members of the administrative, managerial or governing body of an enterprise; (c) "enterprise endowed with special or exclusive rights or privileges" means any enterprise, public or private, involved in commercial activities, which is endowed by a Party at the central or local level, legally or actually, special or exclusive rights or privileges. Such rights or privileges may include the right to act as a distributor, network provider, or other intermediary for the purchase or sale of goods or for the provision or receipt of services. Enterprises endowed with special or exclusive rights or privileges include monopolies involved in commercial activities.; (d) "monopoly" means an enterprise involved in commercial activities, including a consortium, which, in the relevant market in the territory of a Party, is designated at the central or local level as the sole supplier or buyer of goods or services, but does not include an enterprise to which the exclusive right to intellectual property has been granted, solely because of such an endowment; (e) "special rights" means rights granted by a Party at the central or local level to a limited number of enterprises in a given geographical area or in a market for goods or services, the effect of which should significantly limit the ability of any other enterprise to operate in the same geographical area on substantially equivalent terms. Granting licenses or permits to a limited number of enterprises to distribute scarce resources according to objective, proportionate and non-discriminatory criteria is not in itself a special right.; (f) "non-discriminatory treatment" means the national or most-favored-nation treatment specified in this Agreement, whichever is better; (g) "in accordance with commercial considerations" means in accordance with the normal business practices of a private enterprise operating in accordance with the principles of a market economy in international trade(h) "appoint" means to create or authorize a monopoly or to expand the scope of a monopoly, whether legally or actually.

Article 164 Scope of application

1. The Parties confirm their rights and obligations in accordance with paragraphs 1-3 of Article XVII of GATT 1994, the Agreement on the Interpretation of Article XVII of GATT 1994, as well as in accordance with paragraphs 1, 2 and 5 of Article VIII of GATS and the Chapter on State-owned Enterprises and Enterprises controlled by the State, and enterprises endowed with special or exclusive Privileges, Protocol on the accession of the Republic of Kazakhstan to the WTO, which are hereby incorporated into this Agreement and are part of it and are applied. 2. This chapter does not apply to the covered procurement of a Party or its procuring entities within the meaning of article 120. 3. This chapter applies to all economic activities covered by this Agreement. Services not listed in the List of specific Obligations of a Party under the GATS are not subject to the provisions of Articles 166 and 167.

Article 165

1. Without prejudice to the rights and obligations of the Parties under this chapter, nothing in this chapter shall prevent the Parties from establishing or maintaining State-owned enterprises or enterprises controlled by the State, or from designating or maintaining monopolies or from granting enterprises special or exclusive rights or privileges. 2. If an enterprise falls within the scope of this chapter, the Parties shall not require or encourage such enterprise to act in violation of this Agreement.

Article 166 Non-discrimination

Unless otherwise provided for in Article 142 or the List of a Party's Specific Obligations under the GATS or the Party's national treatment exemptions set out in Annex I, each Party shall ensure in its territory that any enterprise meeting the conditions set out in paragraphs (c) and (d) of Article 163, when making a purchase or sale of goods or services, the services provided non-discriminatory treatment to the goods of the other Party and/or the service or service provider of the other Party.

Article 167 Commercial considerations

With the exception of fulfilling a purpose, such as the obligation to provide a public service for which special or exclusive rights or privileges have been granted, or in the case of a State-owned or State-controlled enterprise fulfilling its public purpose, and provided that the activities of the enterprise for the purpose or purpose are consistent with the provisions of article 166 and chapter 11. (Competition) of this Section, each Party shall ensure that any enterprise referred to in paragraphs (a) to (d) of Article 163, acted in accordance with commercial considerations in the relevant territory when making its purchases and sales of goods, including with regard to price, quality, accessibility, competitiveness, transportation and other conditions of purchase or sale, as well as when making its purchases or providing services, including when these goods or services are supplied to an investor or investment the investor of the other Side.

Article 168 Price formation

The establishment of different prices in different markets or in the same market, if such a difference is based on normal commercial considerations such as supply and demand conditions, is not in itself contrary to articles 166 and 167.

Article 169 Corporate governance

1. The Parties shall ensure that the enterprises referred to in paragraphs (a) to (d) of Article 163 comply with high standards of transparency and corporate governance in accordance with the OECD Guidelines on Corporate Governance of State-Owned Enterprises of 2005. The further development of the corporate governance policy at the enterprises referred to in paragraphs (a)-(d) of article 163 is carried out in accordance with these Guidelines. 2. Each Party shall ensure that any regulatory body responsible for regulating the enterprises referred to in paragraphs (a) to (d) of Article 163 is legally independent and functionally independent of, and not accountable to, any of the enterprises referred to in paragraphs (a) to (d) of Article 163. 3. Each Party shall ensure the enforcement of laws and regulations on a consistent and non-discriminatory basis at all levels of government, whether central or local, including at enterprises referred to in paragraphs (a)-(d) of Article 163. The exceptions are limited and transparent.

Article 170 Information exchange

1. A Party that has reason to believe that its interests under this Agreement are being harmed by the actions of an enterprise or enterprises of the other Party referred to in paragraphs (a)-(d) of Article 163 may require the other Party to provide information on the actions of its enterprise related to the implementation of the provisions of this Agreement. Such information may include organizational, corporate, and financial information. 2. Each Party, at the request of the other Party, provides information on specific enterprises specified in paragraphs (a)-(d) of Article 163, which do not relate to small and medium-sized enterprises as defined in the legislation of the requested Party. Requests for such information identify businesses, goods or services, and relevant markets, and include information that the business is involved in practices that hinder trade or investment between the Parties. 3. Each Party, at the request of the other Party, shall provide information on exceptions, inappropriate measures, immunities and any other measures, including more favourable treatment applied in the territory of the requested Party to any enterprise referred to in paragraphs (a)-(d) of Article 163.4. Paragraphs 1-3 do not require any Party to disclose confidential information, which may impede the application of legislation or otherwise contradict the public interest, or which may harm the legitimate commercial interests of specific enterprises.

CHAPTER 13TRANSPARENTNESS

Article 171

1. Each Party shall promptly respond to all requests from the other Party for specific information on any of its general measures or international agreements that relate to or affect this Section. Each Party shall establish one or more information centers to provide the other Party's stakeholders, upon request, with specific information on all such matters.1 The Parties shall notify each other about the information centers within three months from the date of the beginning of the application of this Section. Information centers are not required to be depositories of laws and regulations.

___________________1 The information center of the Republic of Kazakhstan is an information center established in accordance with the GATS Agreement.

2. All laws, by-laws, decrees, decisions and administrative rules of general application of the Parties related to or affecting any issue governed by this Section shall be immediately published in such a way as to comply with the applicable requirements of the WTO Agreement, including the requirements of Article X of the GATT 1994, Article III of the GATS and Article 63 of the TRIPS Agreement. The Parties update publishing resources, including websites containing such measures, on a regular basis and make them available to interested parties. Such measures are available for the duration of their validity and for a reasonable period of time after they expire. 3. The Parties shall publish all laws, by-laws, decrees, decisions and administrative rules of general application related to or affecting any issue governed by this Section prior to their adoption. They provide a reasonable period of time, usually at least 30 calendar days, for interested parties to submit comments to the responsible authorities before the relevant measure is agreed upon or submitted to the competent authority for its adoption. Any comments received during the comment period will be taken into consideration. 4. No law, regulatory legal act, decree, decision or administrative rule of general application of the Parties, related to or affecting any issue regulated by this Section, shall be put into effect before publication. 5. Nothing in this Agreement requires a Party to provide confidential information, the disclosure of which may interfere with the application of legislation or otherwise contradict the public interest, or which may prejudice the legitimate commercial interests of individual enterprises, public or private. 6. Article 55 applies to this chapter.

CHAPTER 14 DISPUTE RESOLUTION

SECTION 1 PURPOSE AND SCOPE OF APPLICATION

Article 172 Purpose

The purpose of this chapter is to establish an effective and efficient mechanism for the prevention and settlement of any dispute between the Parties regarding the interpretation and application of this Agreement in order to reach, if possible, a mutually agreed solution.

Article 173 Scope of application

This Chapter applies to any dispute concerning the interpretation and application of this Section, unless otherwise provided.

SECTION 2CONSULTATIONS AND MEDIATION

Article 174consultations

1. The Parties shall seek to resolve any dispute referred to in Article 173 by entering into consultations in good faith with a view to reaching a mutually agreed solution. 2. A Party shall request consultations by sending a written request to the other Party, sending a copy to the Cooperation Committee, indicating the measure under consideration and the provisions referred to in Article 173 that it considers applicable. 3. The Party to which the request was made shall respond to the request for consultations within ten days from the date of its receipt, unless otherwise provided for in this Agreement or agreed between the Parties. 4. Consultations shall be held within 30 days from the date of receipt of the request and, unless otherwise agreed by the Parties, in the territory of the Party to which the request was made. Consultations are considered completed within 30 days from the date of receipt of the request, unless both Parties have agreed to continue consultations. The consultations and, in particular, all disclosed information and positions obtained by the Parties during the consultations are confidential and do not prejudice the rights of any Party in any further proceedings. 5. Consultations on urgent matters are considered completed within 15 days from the date of receipt of the request by the requested Party, unless both Parties have agreed to continue consultations. 6. If the Party to which the request was made does not respond to the request for consultations within ten days from the date of its receipt, or if consultations are not held within the time limits set out in paragraph 3 or 4 of this Article, respectively, or if the Parties have agreed not to hold consultations, or if consultations have been completed and a mutually agreed decision If not reached, the Party requesting consultations may refer to Article 176.7. During the consultations, each Party provides sufficient factual information to enable a full study of how the measure under consideration could affect the operation and application of this Agreement. 8. Consultations shall be deemed completed within five working days from the date of receipt of the request for consultations, unless the Parties have agreed otherwise, when they relate to emergency situations defined in paragraph (h) of Article 138.

Article 175transmission

Either Party may request the other Party to enter into mediation proceedings in respect of any measure negatively affecting trade or investment between the Parties, in accordance with annex VII.

SECTION 3 DISPUTE SETTLEMENT PROCEDURES

SUBSECTION 1BITRAGE PROCEDURE

Article 176 Initiation of arbitration procedure

1. If the Parties are unable to resolve the dispute by resorting to consultations provided for in Article 174, the Party requesting consultations may request the establishment of an arbitration commission in accordance with this article. 2. A request for the establishment of an arbitration commission shall be made by a written request to the other Party and the Cooperation Committee. The complaining Party shall determine in its request the measure under consideration and justify how such a measure constitutes a violation of the provisions referred to in article 173 in order to set out the legal basis for the complaint clearly enough.

Article 177 Establishment of the arbitration commission

1. The Arbitration Commission consists of three arbitrators. 2. Within ten days from the date of delivery of the written request for the establishment of the arbitration commission to the Party against whom the complaint has been filed, the Parties shall consult in order to reach an agreement on the composition of the arbitration commission. 3. If the Parties have failed to agree on the composition of the arbitration commission within the time limits set out in paragraph 2 of this Article, each Party may, within 5 days from the date of expiry of the time limit set out in paragraph 2 of this Article, appoint an arbitrator from the sublist of that Party contained in the list created in accordance with Article 196. If either Party does not appoint an arbitrator, the arbitrator, at the request of the other Party, shall be chosen by lot by the Chairman of the Cooperation Committee or his representative from the sublist of that Party contained in the list established in accordance with Article 196.4. If the Parties fail to reach an agreement on the chairman of the arbitration commission within the time limits set out in paragraph 2 of this Article, the Chairman of the Cooperation Committee or his representative, at the request of either Party, shall select by lot the chairman of the arbitration commission from the list of chairmen contained in the list established in accordance with Article 196.5. The Chairman of the Cooperation Committee or his representative shall select the arbitrators within five days from the date of any Party's request referred to in paragraph 3 or 4. 6. The date of establishment of the arbitration commission is the last date on which all three selected arbitrators accepted their appointments in accordance with the Rules of Procedure set out in annex V. 7. If any of the lists provided for in Article 196 is not established or does not contain a sufficient number of names at the time of the request made pursuant to paragraph 3 or 4 of this article, the arbitrators shall be selected by lot from among the persons who are officially proposed by one or both Parties. 8. Unless otherwise agreed by the Parties, the second sentence of paragraph 3 and paragraph 4 of this Article shall apply to a dispute concerning emergency situations defined in paragraph (h) of Article 138 between the Parties, without reference to paragraph 2 of this Article, and the time limit in paragraph 5 of this article shall be two days.

Article 178 Preliminary resolution on urgency

If a Party requests, the arbitration commission shall, within 10 days of its establishment, submit a preliminary ruling on whether it considers the case urgent.

Article 179 Conciliation procedures for urgent disputes in the field of energy

1. In respect of a dispute concerning the emergency situations defined in paragraph (h) of article 138, either Party may request the Chairman of the commission to act as mediator on any matter relating to the dispute by sending a request to the arbitration commission. 2. The conciliator seeks to reach an agreed resolution of the dispute or seeks to agree on a procedure to achieve such a resolution. If, within 15 days from the date of his appointment, the conciliator has failed to secure such a resolution, he makes a recommendation on dispute resolution or a procedure for achieving such a resolution and determines the terms and conditions that must be observed from the date he specifies until the dispute is resolved. 3. The parties and enterprises under their control or jurisdiction shall comply with the recommendations on terms and conditions made in accordance with paragraph 2, within three months after the decision of the conciliator or until the dispute is resolved, whichever is earlier. 4. The conciliator shall comply with the Code of Conduct for Members of the Arbitration commission and Mediators (Code of Conduct) set out in annex VI.

Article 180 Reports of the Arbitration Commission

1. The Arbitration Commission shall send an interim report to the Parties containing the established facts, the applicability of the relevant provisions and the main justification for any conclusions and recommendations it makes. 2. Any Party may submit a written application to the arbitration commission for consideration of specific aspects of the interim report within 14 days of its receipt. 3. After reviewing any written comments by the Parties on the interim report, the arbitration commission may amend its interim report and conduct any additional examination it deems appropriate. 4. The final report of the arbitration commission shall contain the established facts, the applicability of the relevant provisions referred to in article 173, and the main rationale for any conclusions and conclusions that it makes. The final report contains a sufficient discussion of the arguments presented at the interim review stage and clearly answers the questions and comments of the Parties.

Article 181the interim report of the Arbitration Commission

1. The Arbitration Commission shall send an interim report to the Parties no later than 90 days after the date of the establishment of the arbitration commission. If the arbitration commission considers that this deadline cannot be met, the chairman of the arbitration commission shall notify the Parties and the Cooperation Committee in writing, indicating the reasons for the delay and the date on which the arbitration commission plans to send its interim report. Under no circumstances shall the interim report be sent later than 120 days after the date of the establishment of the arbitration commission. 2. In urgent cases, the arbitration commission shall make every effort to send its interim report within 45 days and in any case no later than 60 days after the date of the establishment of the arbitration commission. Any Party may send a written request to the arbitration commission for consideration of specific aspects of the interim report in accordance with paragraph 2 of article 180 within 7 days from the date of submission of the interim report. 3. In respect of a dispute concerning the emergency situations defined in paragraph (h) of Article 138 between the Parties, an interim report shall be sent within 20 days after the date of the establishment of the arbitration commission, and any request pursuant to paragraph 2 of article 180 shall be sent within 5 days after the submission of the interim report. The Arbitration Commission may also decide not to provide an interim report.

Article 182the final report of the arbitration commission

1. The Arbitration Commission shall send its final report to the Parties and the Cooperation Committee within 120 days from the date of the establishment of the arbitration commission. If the arbitration commission considers that this deadline cannot be met, the chairman of the arbitration commission shall notify the Parties and the Cooperation Committee in writing, indicating the reasons for the delay and the date on which the commission plans to send its final report. Under no circumstances shall the final report be sent later than 150 days after the date of the establishment of the arbitration commission. 2. In urgent cases, the arbitration commission shall make every effort to send its report within 60 days after the date of the establishment of the arbitration commission. Under no circumstances shall the final report be sent later than 75 days after the date of the establishment of the arbitration commission. 3. In respect of a dispute concerning the emergency situations defined in paragraph (h) of Article 138 between the Parties, the arbitration commission shall send its final report within 40 days from the date of the establishment of the arbitration commission.

SUBSECTION 2THE OBSERVATION

Article 183Compliance with the final report of the arbitration commission

The party against whom the complaint is filed shall take the necessary measures to comply promptly and in good faith with the final report of the arbitration commission.

Article 184 Reasonable time period for compliance

1. If immediate compliance is not possible, the Parties seek to agree on a time period for compliance with the final report. In this case, the Party against whom the complaint is filed, no later than 30 days after receiving the final report of the arbitration commission, notifies the Complaining Party and the Cooperation Committee about the time it will take to comply ("a reasonable period of time"). 2. If there is disagreement between the Parties about the length of a reasonable period of time, the complaining Party may, within 20 days of receiving the notification referred to in paragraph 1 of this article, send a written request that the arbitration commission initially established in accordance with article 177 (the "initial arbitration commission") determine the length of a reasonable period of time. Such a request is simultaneously sent to the other Party and the Cooperation Committee. The Arbitration Commission shall send its report to the Parties and the Cooperation Committee within 20 days from the date of receipt of the request. 3. The Party against whom the complaint has been filed shall notify the complaining Party in writing of the progress of compliance with the final report of the arbitration commission. Such notification shall be provided in writing and at least one month before the expiration of a reasonable period of time. 4. A reasonable period of time may be extended by mutual agreement of the Parties.

Article 185 Review of any measure taken to comply with the final report of the arbitration commission

1. The complaining Party shall notify the complaining Party and the Cooperation Committee of any measure it has taken to comply with the final report of the arbitration commission. Such notification is sent before the end of a reasonable period of time. 2. If there is disagreement between the Parties regarding the existence or compliance of any measure notified in accordance with paragraph 1 of this article with the provisions specified in article 173, the complaining Party may send a written request to the initial arbitration commission for a decision on the matter. Such a request defines a specific measure and explains how such a measure does not comply with the provisions specified in article 173 sufficiently to provide a legal basis for a complaint. The Arbitration Commission shall send its report to the Parties and the Cooperation Committee within 45 days from the date of receipt of the request.

Article 186 Timely remedies in case of non-compliance

1. If the Party against whom the complaint is filed does not notify of any measures taken to comply with the final report of the arbitration commission before a reasonable period of time has elapsed, or if the arbitration commission decides that there is no measure taken to comply, or that the measure notified in accordance with paragraph 1 of article 185 does not comply according to the obligations of the Party under the provisions of Article 173, the Party against whom the complaint has been filed, if requested by the complaining Party, and after consultation with that Party, submits a compensation proposal. 2. If the complaining Party decides not to seek compensation in accordance with paragraph 1 of this Article, or if such a request is not submitted, agreement on compensation has not been reached within 30 days of the end of a reasonable period of time or the submission of a report by the arbitration commission in accordance with paragraph 2 of Article 185, the complaining Party shall have the right, after Notifying the other Party and the Cooperation Committee to take appropriate measures at a level equivalent to the cancellation or reduction of benefit 1 caused by the violation. The notification shall specify such measures. The complaining Party may take action at any time after the expiration of a ten-day period from the date of receipt of the notification by the complaining Party, if the complaining Party has not requested arbitration in accordance with paragraph 3 of this article.

___________________1 "Cancellation and reduction of benefit" is interpreted as "cancellation and reduction of benefit" in accordance with the WTO Agreement on Dispute Settlement Rules and Procedures.

3. If the Party against whom the complaint is filed considers that the appropriate measures are not at a level equivalent to the cancellation or reduction of benefits caused by a violation of the obligations of that Party, in accordance with the provisions specified in Article 173, the Party against whom the complaint is filed may send a written request to the initial arbitration commission for a decision on the matter. the question. The complaining Party and the Cooperation Committee shall be notified of such request before the expiration of the ten-day period referred to in paragraph 2 of this article. The initial Arbitration Commission shall send its report on the measures notified by the Complaining Party to the Parties and the Cooperation Committee within 30 days from the date of delivery of the request. The complaining party does not put into effect the notified measures until the initial arbitration commission submits its report. Such measures, put into effect after the submission of the report, correspond to the report of the arbitration commission. 4. The measures put in place by the Complaining Party and the compensation provided for in this article are temporary and shall not apply after: (a) the Parties have reached a mutually agreed solution in accordance with Article 191; or (b) the Parties have agreed that the measure notified in accordance with paragraph 1 of Article 185, brings the Party against whom the complaint has been filed into line with the provisions specified in Article 173; or (c) any measure that the arbitration commission, pursuant to paragraph 2 of article 185, has determined to be inconsistent with the provisions specified in article 173 has been cancelled or amended in such a way as to bring it into line with those provisions.

Article 187 Review of any measure taken to comply after taking prompt remedies for non-compliance

1. The complaining Party shall notify the complaining Party and the Cooperation Committee of the measures it has taken to comply with the final report of the arbitration commission, after compensation has been applied or an appropriate measure has been taken by the complaining Party in accordance with article 186, as appropriate. With the exception of the cases specified in paragraph 2 of this Article, the complaining Party shall terminate the measure within 30 days from the date of receipt of the notification. In cases where compensation has been applied, and with the exception of the cases specified in paragraph 2 of this Article, the Party against whom the complaint is filed may terminate the application of such compensation within 30 days of receiving notification that it has complied with the final report of the arbitration commission. 2. If the Parties do not agree on whether the Party against whom the complaint is filed has complied with the final report of the arbitration commission within 30 days from the date of receipt of the notification in accordance with paragraph 1 of this Article, the complaining Party shall send a written request to the original arbitration commission for a decision on the matter. Such a request is simultaneously sent to the other Party and the Cooperation Committee. The Arbitration Commission shall send a report to the Parties and the Cooperation Committee within 45 days from the date of the request. If the arbitration commission decides that the Party against whom the complaint is filed has complied with the final report of the arbitration commission, the complaining Party shall terminate the relevant measure taken pursuant to article 186, or the complaining Party shall terminate compensation, as appropriate. If the arbitration commission decides that the Party against whom the complaint is filed has not fully complied with the final report of the arbitration commission, the compensation or the appropriate measure taken in accordance with article 186 shall be adapted in the light of the report of the arbitration commission.

Article 188 Means of legal protection in urgent disputes in the field of energy

1. This article shall apply to a dispute concerning emergency situations defined in paragraph (h) of Article 138 between the Parties. 2. By way of derogation from articles 184, 185 and 186, the complaining Party may take appropriate measures at a level equivalent to the cancellation or reduction of benefits caused by a Party that fails to comply with the final report of the arbitration commission, within 15 days from the date of its release. Such measures may take effect immediately. Such measures may be maintained until the Party against whom the complaint is filed complies with the report of the arbitration commission. 3. If the Party against whom the complaint is filed disputes the existence of non-compliance or the proportionality of the measure imposed by the Complaining Party or non-compliance, it may initiate proceedings in accordance with paragraph 3 of Articles 186 and 187, which must be dealt with promptly. The complaining party must cancel or settle the measures only after the arbitration commission makes a decision on the matter, and may retain the measures until the arbitration proceedings.

SUBSECTION 3 GENERAL PROVISIONS

Article 189 Replacement of arbitrators

If the original arbitration commission or some of its members are unable to participate in arbitration proceedings under this chapter, refuse to participate, or must be replaced because they do not comply with the requirements of the Code of Conduct set out in annex VI, the procedure set out in article 177 shall apply. The deadline for submitting a report may be extended for the time required. to appoint a new arbitrator, but not for more than 20 days.

Article 190the suspension and termination of arbitration procedures and compliance procedures

The Arbitration Commission, at the request of both Parties, suspends its work at any time for a period agreed upon by the Parties, not exceeding 12 consecutive months. The Arbitration Commission resumes its work before the end of this period at the written request of both Parties or at the end of this period at the written request of either Party. The requesting Party shall notify the Chairman of the Cooperation Committee and the other Party accordingly. If the Party does not request the resumption of the work of the arbitration commission after the expiration of the agreed period, the proceedings shall be terminated. The suspension and termination of the work of the arbitration commission shall not prejudice the rights of any Party in other proceedings, subject to article 197.

Article 191the mutually agreed decision

The parties may at any time reach a mutually agreed solution to the dispute in accordance with this chapter. They shall jointly notify the Cooperation Committee and the Chairman of the Arbitration Commission, where applicable, of any such decision. If the decision requires approval in accordance with the relevant internal procedures of either Party, the notification refers to this requirement, and the dispute settlement procedure is suspended. If such approval is not required, or if notification is given of the completion of any such internal procedures, the dispute resolution procedure is terminated.

Article 192adjusted procedures

1. Dispute settlement procedures under this chapter are governed by the Rules of Procedure set out in annex V and the Code of Conduct set out in annex VI. 2. Any hearing of the arbitration commission shall be open to the public, unless otherwise provided by the Rules of Procedure set out in annex V.

Article 193information and technical advice

At the request of the Parties or on its own initiative, the arbitration commission may request any information it deems necessary for the proceedings of the arbitration commission from any source, including the Parties involved in the dispute. The Arbitration Commission also has the right to request the opinion of experts, if it deems it necessary. The Arbitration Commission consults with the Parties before selecting such experts. Individuals or legal entities established in the territory of a Party may submit information from an amicuscuriae person not involved in the dispute to the arbitration commission in accordance with the Rules of Procedure set out in annex V. Any information obtained in accordance with this article shall be disclosed to each Party and provided for its comments.

Article 194adjustment of interpretation

Any arbitration commission interprets the provisions referred to in article 173 in accordance with the usual rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties of 1969. The Arbitration Commission also takes into account the relevant interpretations of the WTO Commissions and the Appellate Body adopted by the WTO Dispute Settlement Body (hereinafter referred to as the "GCC"). The reports of the arbitration commission may not supplement or reduce the rights and obligations of the Parties under this Agreement.

Article 195the decisions and reports of the arbitration commission

1. The discussions of the arbitration commission are confidential. The Arbitration Commission makes every effort to make any decisions based on consensus. However, if a decision cannot be reached by consensus, the issue is resolved by a majority vote. In no case will the dissenting opinions of the arbitrators be disclosed. 2. The reports of the arbitration commission are drawn up without the presence of the Parties. The reports of the arbitration commission shall contain the established facts, the applicability of the relevant provisions referred to in article 173, and the main rationale for any conclusions and conclusions that it makes. 3. The reports of the arbitration commission are unconditionally accepted by the Parties. They do not create any rights or obligations for individuals or legal entities. 4. The Parties shall publish the decision of the arbitration commission, subject to the protection of confidential information, as provided for in the Rules of Procedure set out in annex V.

SECTION 4 GENERAL PROVISIONS

Article 196description of arbitrators

1. The Cooperation Committee, based on proposals made by the Parties, shall, no later than six months after the entry into force of this Agreement, draw up a list of at least 15 persons who are willing and able to act as arbitrators. The list consists of three sublists: one sublist for each Party and one sublist for persons who are not citizens of either Party and who can serve as chairman of the arbitration commission. Each list includes at least five people. The Cooperation Committee will ensure that the list is always maintained at this level. 2. Arbitrators have special knowledge and experience in the field of law and international trade. They must be independent, act in a personal capacity and must not receive instructions from any organization or Government or be affiliated with any Government, and comply with the Code of Conduct set out in annex VI. 3. The Cooperation Committee may draw up an additional list of 15 persons with knowledge and experience in specific areas covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to establish an arbitration commission in accordance with the procedure established in article 177.

Article 197 Relation to WTO obligations

1. Reference to the dispute settlement provisions of this Section is without prejudice to any WTO action, including dispute settlement action. 2. Nevertheless, a Party, with respect to a specific measure, does not apply to two protection authorities in connection with a violation of a substantially equivalent obligation under both this Agreement and the WTO Agreement. In such a case, when the dispute settlement procedure has been initiated, the Party does not file a complaint with another body for damages for violation of an essentially equivalent obligation under another agreement, unless the body that was chosen first was unable, for procedural or jurisdictional reasons, to draw conclusions on the claim for compensation under this obligation. 3. For the purposes of this article: (a) dispute settlement proceedings under the WTO Agreement shall be deemed initiated at the request of a Party to establish a commission in accordance with Article 6 of the WTO Agreement on Rules and Procedures for Dispute Settlement; (b) dispute settlement proceedings under this Chapter shall be deemed initiated at the request of a Party to establish an arbitration commission in accordance with paragraph 1 of Article 176.4. Nothing in this Agreement prevents a Party from terminating the performance of obligations established by the GCC. The WTO Agreement is not used to prevent a Party from applying interim remedies in case of non-compliance under this Chapter.

Article 198Sroki

1. All time limits set out in this chapter, including the time limits within which arbitration commissions submit their reports, are calculated in calendar days from the first day following the action or fact to which they relate, unless otherwise specified. 2. Any time period specified in this chapter may be changed by mutual agreement of the Parties to the dispute. The Arbitration Commission may at any time propose to the Parties to change any time limit specified in this chapter, stating the reasons for this proposal.

SECTION IV COOPERATION IN THE FIELD OF ECONOMIC AND SUSTAINABLE DEVELOPMENT

CHAPTER 1 ECONOMIC DIALOGUE

Article 199

The parties firmly adhere to the principles of a free market economy, thereby ensuring the implementation of sound macroeconomic policies, and develop and strengthen regular economic dialogue aimed at further expanding and deepening mutually beneficial economic ties, as well as sustainable development and economic growth.

Article 200

The parties regularly review the state of bilateral cooperation and regularly exchange information, expertise and best practices in the field of economic policy, economic and financial development and statistics.

CHAPTER 2 COOPERATION IN THE FIELD OF PUBLIC FINANCE MANAGEMENT, INCLUDING STATE AUDIT AND INTERNAL CONTROL

Article 201

The parties cooperate in the field of public financial management, including state audit and internal control, in order to further develop an effective public financial management system consistent with the principles of economy, productivity and effectiveness, as well as transparency and accountability. Cooperation includes: (a) promoting the implementation of acceptable and generally accepted international standards, as well as convergence with the best practices of the European Union in this field; (b) exchange of information and experience in this field.

CHAPTER 3COOPERATION IN THE FIELD OF TAXATION

Article 202

The Parties strive to improve international cooperation in the field of taxation, in particular in the field of facilitating the collection of legitimate tax revenues, and to develop measures in accordance with international standards for the effective application of the principles of good governance in the field of taxation, including the principles of transparency and information exchange. The parties strengthen the dialogue and exchange experiences in order to prevent unfair tax practices.

CHAPTER 4COOPERATION IN THE FIELD OF STATISTICS

Article 203

The Parties shall promote the harmonization of statistical methods and practices, including the collection and dissemination of statistical data. Cooperation in the field of statistics focuses on the exchange of knowledge, the promotion of best practices and respect for the Fundamental Principles of Official Statistics of the United Nations and the Code of Norms of European Statistics. The European Union contributes to this goal by providing technical assistance to the Republic of Kazakhstan.

CHAPTER 5 COOPERATION IN THE FIELD OF ENERGY

Article 204

The parties continue and strengthen their ongoing cooperation on energy issues in order to enhance energy security, efficiency, sustainability and competitiveness. This cooperation is based on a comprehensive partnership and is guided by the principles of mutual interest, reciprocity, transparency and predictability, in accordance with the principles of a market economy and existing multilateral and bilateral treaties in this area.

Article 205

The cooperation covers, inter alia, the following areas: (a) the implementation of energy strategies and policies, the development of forecasts and scenarios, including regarding global market conditions for energy products, as well as the improvement of the statistical system in the energy sector; (b) the creation of an attractive and stable investment climate and the promotion of mutual investments in the energy sector on a non-discriminatory basis. and on a transparent basis; (c) effective cooperation with the European Investment Bank (EIB), the European Bank for Reconstruction and Development (EBRD) and other international financial institutions and instruments to support cooperation between the Parties in the field of energy; (d) expansion of scientific and technical cooperation and exchange of information on the development of energy technologies, paying particular attention to energy efficient and environmentally friendly secure technologies in accordance with Chapter 3 (Research and innovation cooperation) Section VI; (e) management training and technical training in the energy sector by, inter alia, facilitating the exchange of specialized courses in higher education institutions of the Republic of Kazakhstan and the European Union, as well as the development of joint educational programs based on best practices; (f) expanding cooperation within multilateral energy forums, initiatives and organizations; ((g) Cooperation in the exchange of knowledge and experience, as well as in the transfer of innovative technologies, including in the field of management and energy technologies.

Article 206 Hydrocarbon energy

Cooperation in the field of hydrocarbon energy covers the following areas: (a) modernization and expansion of existing and future energy infrastructure of common interest in accordance with market principles, including infrastructure aimed at diversifying energy sources, suppliers, transport routes and transportation methods, as well as the creation of new production facilities and ensuring integrity, efficiency, protection and security of energy infrastructure, including electric power; (b) developing competitive, transparent and non-discriminatory energy markets in accordance with best practices through regulatory reforms; (c) improving and strengthening the long-term stability and security of energy trade, including ensuring predictability and stability of energy demand, on a non-discriminatory basis while minimizing environmental impacts and risks; (d) promoting high level of environmental protection and sustainable development in the energy sector, including in extraction, production, distribution and consumption; (e) Strengthening the safety of offshore hydrocarbon exploration and production through the exchange of experience in accident prevention, post-disaster analysis, response and response policy, and best practices in liability and legal practice in the event of a disaster.

Article 207renewable energy sources

Cooperation is carried out in the following areas: (a) economically and environmentally sound development of renewable energy sources, including cooperation on regulation, certification and standardization, as well as technological development; (b) facilitating exchanges between Kazakh and European institutions, laboratories and private sector enterprises, including through the implementation of joint programs to implementing best practices to create the energy of the future and a green economy; (c) Conducting joint seminars, conferences and training programs, exchanging publicly available information and statistics on a regular basis, as well as information on the development of renewable energy sources.

Article 208 Energy efficiency and energy conservation

Cooperation in the promotion of energy efficiency and energy conservation, including in the coal industry, associated gas combustion (and associated gas use), as well as in buildings, electrical appliances, and transportation, is carried out, inter alia, through: (a) the exchange of information on policies, legislative and regulatory frameworks, and action plans on energy efficiency; (b) facilitating the exchange of experience and know-how in the field of energy efficiency and energy conservation; (c) initiating and implementing projects, including demonstration projects, to introduce innovative technologies and solutions in the field of energy efficiency and energy conservation; (d) training programs and courses in the field of energy efficiency in order to achieve the objectives of this article.

CHAPTER 6 COOPERATION IN THE FIELD OF TRANSPORT

Article 209

The Parties shall cooperate in: (a) expanding and strengthening cooperation in the field of transport in order to promote the development of sustainable transport systems; (b) focusing on the social and environmental aspects of transport systems; (c) promoting efficient, safe and reliable transport operations; (d) strengthening the main transport links between their territories.

Article 210

The cooperation mentioned in this chapter covers, inter alia, the following areas: (a) the exchange of best practices on transport policy; (b) improving the movement of passengers and goods, increasing the fluidity of transport flows by removing administrative, technical and other obstacles in order to achieve closer market integration, improving transport networks and upgrading infrastructure(c) Exchange of information and joint activities at the regional and international levels and implementation of applicable international agreements and conventions; (d) Exchange of best practices on the safety and sustainable development of maritime transport. The Republic of Kazakhstan is bringing its bilateral aviation agreements with the member States of the European Union into line with the legislation of the European Union.

Article 211

A regular dialogue is held on the issues covered by this chapter.

CHAPTER 7 COOPERATION IN THE FIELD OF THE ENVIRONMENT

Article 212

The Parties shall develop and strengthen cooperation on environmental issues, thereby contributing to sustainable development and good governance in the field of environmental protection. Cooperation is carried out in the following areas: (a) assessment, monitoring and control related to the environment; (b) education and awareness-raising in the field of environmental protection, improving access to information, increasing public participation in decision-making and improving access to justice in environmental matters; (c) Environmental legislation; (d) air quality; (e) waste management; (f) water quality management, including the marine environment; (g) integrated water resources management, including the promotion of advanced water-saving technologies; (h) conservation and protection of biological and landscape diversity; (i) Sustainable forest management; (j) industrial pollution and industrial emissions; (k) classification and safe management of chemicals; (l) initiatives of the Republic of Kazakhstan and the European Union in the field of "green economy"; and (m) mutual exchange of experience related to sustainable fisheries development policies.

Article 213

Cooperation in the field of environmental protection is carried out by mutual agreement of the Parties, inter alia, in the following forms: (a) exchange of technologies, scientific and technical information and research activities in the field of environmental protection; (b) exchange of experience in improving legislation and methodologies in the field of environmental protection.

Article 214

The Parties pay special attention to solving and cooperating on environmental issues within the framework of relevant multilateral agreements in the field of environmental protection and agree to strengthen cooperation at the regional level. The Parties shall exchange experiences in promoting the integration of environmental issues into other sectors, including through the exchange of best practices, increased knowledge and competence, environmental education and awareness-raising in the areas mentioned in this chapter.

CHAPTER 8 COOPERATION ON CLIMATE CHANGE

Article 215

The parties are developing and strengthening cooperation on combating climate change and adapting to climate change. Cooperation is carried out taking into account the interests of the Parties on the basis of equality and mutual benefit and taking into account the interdependence existing between bilateral and multilateral obligations in this area.

Article 216

Cooperation promotes measures at the national and international levels, including in the following areas: (a) mitigation of climate change; (b) adaptation to climate change; (c) market-based and non-market-based approaches to addressing climate change; (d) research, development, demonstration, implementation and dissemination of new, safe technologies. and sustainable low-carbon and adaptive technologies; (e) exchange of expertise and support on climate change for other sectors; (f) awareness-raising, education and training.

Article 217

The Parties, among other things, exchange information and expertise, carry out joint research and information exchange on cleaner technologies, carry out joint activities at the regional and international levels, including in connection with multilateral environmental agreements applicable to the Parties, such as the United Nations Framework Convention on Climate Change, and joint activities within the framework of relevant agencies, where applicable.

CHAPTER 9 INDUSTRIAL COOPERATION

Article 218

The parties are developing and strengthening industrial cooperation, including on the development of effective incentives and favorable conditions for further diversification and increasing the competitiveness of the manufacturing industry. To this end, the Parties shall cooperate, including through the exchange of best practices and best practices, in the following sectors: (a) productivity and resource efficiency; (b) government support measures for industries based on WTO requirements and other applicable rules of the Parties.; (c) the implementation of industrial policy in the context of deepening integration; (d) tools for improving the effectiveness of industrial policy implementation; (e) investment activity in the manufacturing industry, reducing its energy consumption, as well as the exchange of experience in the field of labor productivity policy implementation; (f) conditions for the development of new production technologies, the formation of high-tech industries and transfer of knowledge and technology, as well as for the further development of basic infrastructure and favorable conditions for innovation clusters.; (g) Investment and trade in the mining and raw materials industries to promote mutual understanding and transparency, improve the business environment, and facilitate information exchange and cooperation in the non-energy extractive industries, in particular in the extraction of metal ores and industrial minerals; (h) enhance human resource capacity in the manufacturing industry; (i) promotion of business initiatives and industrial cooperation between enterprises of the Republic of Kazakhstan and the European Union. This Agreement does not exclude broader industrial cooperation between the Parties, which may be subject to separate agreements.

CHAPTER 10COOPERATION IN THE FIELD OF SMALL AND MEDIUM-SIZED ENTERPRISES

Article 219

The Parties are developing and strengthening cooperation in the field of small and medium-sized enterprises (SMEs) in order to promote the development of a business environment conducive to the successful development and creation of SMEs. To achieve this goal, the Parties cooperate in the following areas: (a) exchange information on SME development policies; (b) exchange best practices on initiatives that strengthen entrepreneurship as a key skill; (c) facilitate contacts between business associations of both Sides through closer dialogue.; (d) Exchange of experience in supporting the capacity of SMEs to access international markets; (e) exchange of experience in improving the impact of the regulatory framework on SMEs; (f) exchange of best practices on access to finance for SMEs.

CHAPTER 11COOPERATION IN THE FIELD OF COMPANY LEGISLATION

Article 220

The Parties recognize the importance of an effective set of rules and practices in the field of company law and corporate governance, as well as in the field of accounting and auditing, in a market economy with a predictable and transparent business environment, and emphasize the importance of promoting regulatory convergence in this area. The Parties shall cooperate on the following issues: (a) sharing best practices for and in connection with providing information on the organization and representation of registered companies and access to such information in a transparent and easy manner; (b) further developing corporate governance policies in accordance with international standards, in particular with OECD standards; (c) promoting implementation and consistent application of International Financial Reporting Standards (IFRS) for consolidated financial statements of listed companies; (d) convergence of accounting and financial reporting rules, including with respect to SMEs; (e) regulation and supervision of the auditing and accounting professions; (f) international Standards on Auditing and the Code of Ethics of the International Federation of Accountants (IFAC) in order to enhance the professional level of auditors through compliance with standards and ethical standards by professional organizations, auditing organizations and auditors.

CHAPTER 12 COOPERATION IN THE FIELD OF BANKING, INSURANCE AND OTHER FINANCIAL SERVICES

Article 221

The Parties agree on the importance of effective legislation and practice and cooperate in the field of financial services in order to: (a) improve the regulation of financial services; (b) ensure effective and appropriate protection of investors and users of financial services; (c) promote the stability and integrity of the global financial system; (d) promote cooperation between various financial actors. systems, including regulatory and supervisory authorities; (e) facilitating independent and effective oversight. The Parties promote regulatory convergence with recognized international standards in order to ensure stable financial systems.

CHAPTER 13 COOPERATION IN THE FIELD OF INFORMATION SOCIETY

Article 222

The Parties promote cooperation on the development of the information society for the benefit of citizens and enterprises through the widespread availability of information and communication technologies (ICT) and the improvement of the quality of services at affordable prices. This cooperation is aimed at promoting competition in the ICT market and its openness, as well as attracting investments in this sector.

Article 223

The cooperation covers, among other things, the exchange of information and best practices on information society initiatives focused in particular on: (a) developing an effective regulatory framework for the ICT sector; (b) developing broadband access; (c) developing interoperable electronic services; (d) ensuring data protection; and (e) the development of roaming services.

Article 224

The Parties promote cooperation between regulators in the field of ICT, including electronic communications, in the Republic of Kazakhstan and the European Union.

CHAPTER 14 COOPERATION IN THE FIELD OF TOURISM

Article 225

The parties cooperate in the field of tourism in order to strengthen the development of a competitive and sustainable tourism industry as a generator of economic growth, capacity-building, employment and exchanges in the tourism sector.

Article 226

Cooperation is based on the following principles: (a) respect for the integrity and interests of local communities, particularly in rural areas; (b) the importance of preserving cultural and historical heritage; and (c) positive interaction between tourism and environmental conservation.

Article 227

The Parties focus on the following topics: (a) exchange of information, best practices, practices and know-how, including on innovative technologies; (b) establishment of strategic partnerships between representatives of the public and private sectors and society to support the sustainable development of tourism; (c) promotion and development of tourism products and markets, infrastructure, human resources and institutional structures, as well as the identification and removal of barriers to tourism services; (d) developing and implementing effective policies and strategies, including appropriate legal, administrative and financial aspects; (e) training and capacity-building in the field of tourism to improve service standards; and (f) developing and promoting tourism involving local populations and other types of tourism in a sustainable manner.

CHAPTER 15 COOPERATION IN AGRICULTURE AND RURAL DEVELOPMENT

Article 228

The parties shall cooperate in order to promote the development of agriculture and rural areas, in particular through the gradual convergence of policies and legislation.

Article 229

The cooperation covers, inter alia, the following areas: (a) promoting mutual understanding of agricultural and rural development policies; (b) sharing best practices in planning, evaluating and implementing agricultural and rural development policies; (c) sharing knowledge and best practices regarding rural development policies to enhance social and the economic well-being of rural residents; (d) promoting the modernization and sustainability of agricultural production; (e) improving the competitiveness of the agricultural sector and the efficiency and transparency of markets; (f) sharing experiences on geographical indications of agricultural and food products, on quality policy and its control mechanisms, on food safety and on the development of organic agricultural production; (g) spreading knowledge and facilitating the training of agricultural producers in new methods; (h) promoting cooperation in agro-industrial investment projects, in particular those related to the development of livestock and crop production; (i) sharing experiences on policies related to the sustainable development of agro-industrial production and the processing and distribution of agricultural products.

CHAPTER 16 COOPERATION IN THE FIELD OF EMPLOYMENT, LABOR RELATIONS, SOCIAL POLICY AND EQUAL OPPORTUNITIES

Article 230

The Parties promote dialogue and cooperate in promoting the ILO's Decent Work Agenda, employment policy, living and working conditions, workplace health and safety, social dialogue, social protection, social inclusion, non-discrimination, and fair treatment of workers legally residing and working in the workplace. territories of the other Side.

Article 231

The Parties shall strive to achieve the objectives set out in Article 230, including through cooperation and exchange of experience in the following areas: (a) improving the quality of life and ensuring a better social environment; (b) increasing social inclusion and social protection for all workers and modernizing social protection systems in terms of quality, accessibility and financial sustainability; (c) reducing poverty, increasing social cohesion and protecting vulnerable segments of the population; (d) combating discrimination in employment and social issues in accordance with the obligations of each Party, in accordance with international standards and conventions; (e) promoting active measures in the labor market and improving the efficiency of employment services; (f) creating new and better jobs with decent working conditions; (g) improving working conditions life and work, as well as the level of health and safety at the workplace; (h) Strengthening gender equality by promoting women's participation in social and economic life and ensuring equal opportunities for men and women in employment, education, vocational training, economics, public life and decision-making; (i) improving the quality of labor legislation and ensuring better protection of workers; (j) expanding and promoting social dialogue, including increasing the potential of social partners.

Article 232

The Parties reaffirm their obligations to effectively implement the applicable ILO conventions. The Parties, taking into account the 2006 Ministerial Declaration of the United Nations Economic and Social Council on Full and Productive Employment and Decent Work for All, recognize that full and productive employment and decent work for all are key elements of sustainable development. The Parties encourage, in accordance with the ILO Declaration on Fundamental Principles and Rights at Work of 1998, the participation of all stakeholders, in particular social partners, in the development of appropriate social policies and in cooperation between the Republic of Kazakhstan and the European Union under this Agreement. The parties intend to strengthen cooperation on decent work, employment and social policy issues within all relevant forums and organizations.

CHAPTER 17 COOPERATION IN THE FIELD OF HEALTHCARE

Article 233

The Parties are developing cooperation in the field of public health protection in order to increase the level of human health protection and reduce health inequalities in accordance with common values and principles in the field of healthcare, as well as as a prerequisite for sustainable development and economic growth.

Article 234

The cooperation is aimed at the prevention and control of infectious and non-communicable diseases, including through the exchange of medical information, the promotion of a health-related approach in all policies, cooperation with international organizations, in particular the World Health Organization, and the promotion of the implementation of international treaties in the field of health, such as The 2003 World Health Organization Framework Convention on Tobacco Control and International Health Regulations.

SECTION VC COOPERATION IN THE FIELD OF FREEDOM, SECURITY AND JUSTICE

Article 235the rule of law and respect for human rights and fundamental freedoms

In their cooperation under this Section, the Parties attach particular importance to promoting the rule of law, including judicial independence, access to justice and the right to a fair trial, and respect for human rights and fundamental freedoms. The parties cooperate in strengthening the functioning of institutions, including in the areas of law enforcement, prosecution, administration of justice, and prevention and fight against corruption.

Article 236 Legal cooperation

The Parties are developing cooperation in civil and commercial matters regarding the negotiation, ratification and implementation of relevant multilateral conventions on civil judicial cooperation and, in particular, the conventions of the Hague Conference on Private International Law. The parties are strengthening cooperation in the criminal law field, including mutual legal assistance. It may include, where appropriate and subject to applicable procedures, the accession of the Republic of Kazakhstan to the Council of Europe conventions in the field of criminal justice and their implementation by the Republic of Kazakhstan, the implementation of relevant international UN documents and cooperation with Eurojust.

Article 237 Protection of personal data

The parties cooperate to ensure a high level of personal data protection through the exchange of best practices and best practices, taking into account European and international legal documents and standards. This may include, where appropriate and subject to applicable procedures, the accession of the Republic of Kazakhstan to the Council of Europe Convention on the Protection of Natural Persons with Automated Processing of Personal Data and its Additional Protocol and its implementation by the Republic of Kazakhstan.

Article 238 Cooperation in the field of migration, asylum and border management

1. The Parties confirm the importance they attach to managing migration flows. Cooperation is based on mutual consultations between the Parties and is carried out in accordance with the current legislation. 2. Within the framework of cooperation on the prevention and control of illegal migration, the Parties agree that: (a) The Republic of Kazakhstan shall carry out the readmission of any of its citizens who are illegally in the territory of a Member State of the European Union, at the request of the latter and without undue delay.; and (b) each Member State of the European Union carries out the readmission of any of its citizens who are illegally in the territory of the Republic of Kazakhstan, at the request of the latter and without undue delay. 3. The Republic of Kazakhstan and the member States of the European Union shall provide their citizens with appropriate identity documents for the purposes of paragraph 2, without further formalities other than those mentioned in this article and without undue delay. If the person subject to readmission does not have any documents or other evidence of his nationality, the competent diplomatic and consular missions of the Republic of Kazakhstan or the interested Member State, at the request of the interested Member State or the Republic of Kazakhstan, shall take measures to conduct an interview with this person to establish his nationality without further formalities and without unjustified delay. 4. The Parties agree to establish a comprehensive dialogue on relevant migration-related issues in accordance with a Global Approach to Migration and Mobility, inter alia, with a view to considering the possibility of negotiating an agreement between the Republic of Kazakhstan and the European Union regulating specific obligations of the Republic of Kazakhstan and the member States of the European Union on readmission, including obligations on readmission of citizens of other States and stateless persons, and also in order to consider the possibility of parallel negotiations on an agreement on visa facilitation for citizens of the Republic of Kazakhstan and the European Union.

Article 239consecular protection

The Republic of Kazakhstan agrees that the diplomatic and consular authorities of any Member State of the European Union represented in the Republic of Kazakhstan provide protection to any citizen of a member State of the European Union who does not have an accessible permanent mission in the Republic of Kazakhstan, on the same terms as citizens of this Member State of the European Union.

Article 240 Combating money laundering and terrorist financing

The Parties shall cooperate in order to prevent the use of their financial and relevant non-financial sectors for laundering proceeds from criminal activities in general and from drug-related crimes in particular, as well as for financing terrorism in accordance with international standards on combating money laundering and terrorist financing adopted by the Financial Action Task Force on Money Laundering. Such cooperation continues until the recovery, seizure, confiscation and return of assets or funds derived from criminal proceeds. Cooperation allows the exchange of relevant information within the framework of relevant legislation and international obligations of the Parties.

Article 241 Combating drug trafficking

The Parties cooperate on a balanced and integrated approach to drug-related issues, in particular on illicit trafficking in narcotic drugs, psychotropic substances and their precursors. Counter-narcotics policies and actions are aimed at strengthening structures to combat the supply of and demand for illicit drugs, psychotropic substances and their precursors through increased coordination and enhanced cooperation between competent authorities aimed at reducing illicit trafficking, supply of and demand for illicit drugs, expanding preventive measures, treatment and rehabilitation with taking into account human rights. The cooperation is also aimed at reducing drug-related harm, combating the production and use of synthetic drugs, and achieving effective prevention of the diversion of precursors used in the illicit manufacture of narcotic drugs and psychotropic substances. The Parties agree on the methods of cooperation to achieve these goals. Actions are based on generally recognized principles, in accordance with relevant international conventions and documents and the European Union-Central Asia Action Plan on Combating Drugs.

Article 242 Combating organized and transnational crime and corruption

The Parties shall cooperate in order to prevent and combat all forms of organized, economic, financial and transnational criminal activities, including human smuggling and trafficking, drug trafficking, illegal arms trafficking, theft, fraud, counterfeiting, forgery of documents and corruption in the public and private sectors, by fully fulfilling their existing international obligations in this area.. The Parties promote the strengthening of bilateral, regional and international cooperation among law enforcement agencies, including the exchange of best practices and possible cooperation with agencies of the European Union. The Parties undertake to effectively implement the relevant international standards, in particular those set out in the United Nations Convention against Transnational Organized Crime (UNTOC) of 2000 and its three Protocols and the United Nations Convention against Corruption of 2003. Cooperation may include, where appropriate and subject to applicable procedures, the accession of the Republic of Kazakhstan to the relevant Council of Europe documents on the prevention and combating of corruption and their implementation by the Republic of Kazakhstan.

Article 243 Combating cybercrime

The Parties shall strengthen cooperation, including through the exchange of best practices, in order to prevent and combat criminal acts committed using or against communication networks and information systems.

SECTION VIOTHER AREAS OF COOPERATION

CHAPTER 1 COOPERATION IN THE FIELD OF EDUCATION AND TRAINING

Article 244

The parties cooperate in the field of education and training in order to promote the modernization of education and training systems in the Republic of Kazakhstan and convergence with the policies and practices of the European Union. The parties cooperate to promote lifelong learning and encourage collaboration and transparency at all levels of education and learning. In addition, the Parties attach particular importance to measures aimed at strengthening interinstitutional cooperation, encouraging the mobility of students, faculty and administrative staff, researchers and youth, and encouraging the exchange of information and experience. The Parties promote unified coordination of the education system's activities in accordance with European and international standards and best practices.

CHAPTER 2 COOPERATION IN THE FIELD OF CULTURE

Article 245

The Parties shall promote cultural cooperation that respects cultural diversity in order to enhance mutual understanding and knowledge of their respective cultures. The Parties strive to take appropriate measures to promote cultural exchanges and encourage joint initiatives in various cultural fields. The parties hold consultations and develop mutually beneficial cooperation within the framework of multilateral international treaties and international organizations such as the United Nations Educational, Scientific and Cultural Organization (UNESCO). The parties also exchange views on issues of cultural diversity in order, among other things, to promote the principles of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005 and the implementation of projects within the framework of the International Decade for the Rapprochement of Cultures for 2013-2022, proclaimed by the UN General Assembly. The Parties promote joint activities, programs and plans, as well as the exchange of best practices in the field of training and capacity building for creative and cultural workers and organizations.

CHAPTER 3 COLLABORATION IN RESEARCH AND INNOVATION

Article 246

The Parties shall promote cooperation: (a) in all areas of civil research and scientific and technological development on the basis of mutual benefit and subject to appropriate and effective protection of intellectual property rights; and (b) in order to stimulate the development of innovation.

Article 247

Cooperation includes: (a) policy dialogue and exchange of scientific and technological information; (b) exchange of information and best practices regarding innovation and commercialization of research and development, including tools to support technology business startups, cluster development and access to finance; (c) facilitating adequate access to relevant research and innovation programs each Side; (d) increasing research capacity in research organizations of the Republic of Kazakhstan and facilitating their participation in the European Union Framework Program for Research and Innovation and other possible initiatives funded by the European Union; (e) developing and promoting joint research and innovation projects; (f) facilitating the commercialization of the results of joint research and innovation projects; ((g) Facilitating access of new technologies to the internal markets of the Parties; (h) organizing training and mobility programs for scientists, researchers and other workers involved in research and innovation activities in both Parties; (i) facilitating, within the framework of applicable legislation, the free movement of researchers involved in activities covered by this Agreement, as well as the cross-border movement of goods intended for use in such activities; and (j) other forms of research and innovation cooperation, including through regional approaches and initiatives based on mutual agreement.

Article 248

In carrying out the cooperation activities referred to in article 247, efforts should be made to integrate with regional and other activities carried out within the framework of broader financial cooperation between the Republic of Kazakhstan and the European Union referred to in articles 261 and 262.

CHAPTER 4 COOPERATION IN THE FIELD OF MASS MEDIA AND AUDIOVISUAL SPHERE

Article 249

The Parties shall promote cooperation in the field of mass media and in the audiovisual field, including through the exchange of information and training of journalists and other workers in the field of mass media, cinema and in the audiovisual field.

Article 250

The Parties shall exchange information and best practices on promoting the independence and professionalism of the media on the basis of standards defined in applicable international conventions, including conventions of UNESCO and the Council of Europe, where applicable.

CHAPTER 5COOPERATION OF CIVIL SOCIETY

Article 251

The Parties continue and strengthen dialogue in the form of meetings and consultations and cooperate on the role of civil society in the following objectives: (a) to strengthen contacts and exchange of information and experience between all sectors of civil society in the Republic of Kazakhstan and the European Union, enabling representatives of civil society on each Side to become familiar with the processes of consultation and dialogue with government institutions and social partners used by the other Party, in particular, with a view to further the participation of civil society in the public policy-making process; (b) ensure the participation of civil society in relations between the Republic of Kazakhstan and the European Union, in particular in the implementation of this Agreement; (c) promote greater capacity-building, independence and transparency in civil society and support its role in economic, social and cultural development. the political development of the Parties. The parties support the establishment of relations between non-governmental organizations from the Republic of Kazakhstan and the European Union. The Parties support relevant institutions and non-governmental organizations active in the field of human rights. The parties exchange all necessary information on cooperation programs, officially and regularly, at least once a year.

CHAPTER 6 COOPERATION IN THE FIELD OF SPORTS AND PHYSICAL ACTIVITY

Article 252

The Parties promote cooperation in the field of sports and physical activity in order to promote the development of a healthy lifestyle among all age groups of the population, promote the social functions and educational values of sports and combat threats to sports such as doping, racism and violence. Cooperation includes, in particular, the exchange of information and best practices.

CHAPTER 7 COOPERATION IN THE FIELD OF CIVIL PROTECTION

Article 253

The Parties recognize the need to manage the risks of natural and man-made emergencies both on their territory and on a global scale. In order to increase the resilience of their societies and infrastructure, the Parties confirm their intention to improve measures to prevent, mitigate, prepare for and eliminate natural and man-made emergencies, and to cooperate at the bilateral and multilateral policy levels, respectively, in order to improve the results of disaster risk management on a global scale. If the necessary resources are available, cooperation supports: (a) interaction between competent authorities, other organizations and individuals engaged in civil protection activities; (b) coordination of mutual assistance in case of emergencies, if required; (c) exchange of experience in raising awareness of public preparedness for emergency situations; (d) training, retraining, advanced training and training of specialists in the field of civil protection and the use of early warning systems.

CHAPTER 8COOPERATION IN THE FIELD OF SPACE ACTIVITIES

Article 254

The Parties shall promote, where appropriate, long-term cooperation in the field of civil space research and development. The Parties pay special attention to initiatives providing for complementarity of their respective space activities.

Article 255

The Parties may cooperate in the field of satellite navigation, Earth observation, space research and other fields in accordance with the interests of the Parties.

CHAPTER 9 COOPERATION IN THE FIELD OF CONSUMER PROTECTION

Article 256

The Parties cooperate to ensure a high level of consumer protection and to achieve compatibility between their consumer protection systems. Cooperation may include, where appropriate: (a) the exchange of best practices on consumer protection policies, including on product quality and safety requirements, and on the organization of a market surveillance system and information exchange mechanism.; (b) facilitating the exchange of experience on consumer protection systems, including legislation on consumer protection and its application, consumer product safety, consumer awareness, consumer empowerment and consumer protection; (c) providing training to officials and other persons representing consumer interests; ((d) Encouraging the development of independent consumer organizations and contacts between consumer representatives.

CHAPTER 10 REGIONAL COOPERATION

Article 257

The Parties shall promote mutual understanding and bilateral cooperation in the field of regional policy in order to improve living conditions and increase the participation of all regions in the social and economic development of the Parties.

Article 258

The Parties shall support and strengthen the participation of local and regional authorities in regional cooperation in accordance with existing international agreements and arrangements in order to develop capacity-building measures and promote the strengthening of regional economic and business networks.

Article 259

The Parties shall strengthen and encourage the development of elements of regional cooperation in the areas covered by this Agreement, including transport, energy, communications networks, culture, education, research, tourism, water resources and environmental protection, civil protection and other areas related to regional cooperation.

CHAPTER 11COOPERATION IN THE FIELD OF PUBLIC SERVICE

Article 260

1. The Parties shall promote the exchange of experience and knowledge on the application of international best practices in the field of public and civil service and on capacity-building of civil and civil servants and their professional development and training. 2. The parties promote dialogue on measures aimed at improving the quality of public services and on joint efforts to promote multilateral cooperation within the framework of the Regional Hub in the field of Public Service in the Republic of Kazakhstan. 3. Within the framework referred to in paragraph 2, the Parties shall cooperate, inter alia, by facilitating: (a) the exchange of experts; (b) the organization of seminars; and (c) the organization of training activities.

SECTION VIIFINANCIAL AND TECHNICAL COOPERATION

Article 261

The Parties continue and strengthen their ongoing financial and technical cooperation based on a comprehensive partnership and the principles of mutual interest, reciprocity, transparency, predictability and mutual protection of the interests of the Parties. To achieve the objectives of this Agreement, the Republic of Kazakhstan may receive financial assistance from the European Union in the form of grants and loans, possibly in partnership with the European Investment Bank and other international financial institutions. Financial assistance may be provided in accordance with the regulations governing the European Union's multi-year financial framework Instruments1, in particular in the form of expert exchanges, research, forums, conferences, seminars and training courses, and grants to support development and implementation programs and projects. The financing by the European Union is subject to the Financial Regulation2 and the Rules of Implementation.3 Financial assistance is based on annual action programmes developed by the European Union after consultations with the Republic of Kazakhstan. The Republic of Kazakhstan and the European Union can co-finance programs and projects. The parties coordinate programs and projects on financial and technical cooperation and exchange information on all sources of assistance. The basis for providing financial assistance from the European Union to the Republic of Kazakhstan is aid effectiveness, as defined in the OECD Paris Declaration on Aid Effectiveness, the European Union's Basic Strategy for Technical Cooperation Reform, reports from the European Court of Auditors, and based on the experience of implemented and ongoing European Union cooperation programs in the Republic of Kazakhstan.

___________________1 In particular, Regulation (EU) No 233/2014 of the European Parliament and of the Council of March 11, 2014, establishing a financial instrument for the development of cooperation for 2014-2020 (Official Journal of the EU, L 77, 15.3.2014, p. 44), and Regulation (EU) No 236/2014 of the European Parliament and of the Council of March 11, 2014, establishing General rules and procedures for the implementation of European Union instruments for financing external activities (Official Journal of the EU, L 77, 15.3.2014, p. 95)2 Regulation (EC, Euratom) No. 966/2012 of the European Parliament and of the Council of 25 October 2012 on financial rules applicable to the general budget of the European Union and repealing Council Regulation (EC, Euratom) No. 1605/2002 (Official Journal of the EU, L 298, 26.10.2012, p. 1)3 Delegated Regulation (EC) No. 1268/2012 of the Commission dated October 29, 2012 on the rules of application of Regulation (EU, Euratom) No. 966/2012 of the European Parliament and of the Council on financial rules applicable to the general Budget of the European Union (Official Journal of the EU, L 362, 12/31/2012, p. 1)

Article 262

The Parties provide financial and technical assistance in accordance with the principles of effective financial management and cooperate in protecting the financial interests of the Republic of Kazakhstan and the European Union. The Parties shall take effective measures to prevent and combat infringements1, fraud, corruption and any other illegal activities detrimental to the budget of the Republic of Kazakhstan and the budget of the European Union by providing mutual legal and other assistance in the areas covered by this Agreement. Any further agreements or financing instruments that may be concluded between the Parties in the course of the implementation of this Agreement provide for specific financial cooperation provisions governing on-site inspections and inspections.

___________________1 As defined in Council Regulation (EC, Euratom) No. 2988/95 of December 18, 1995 on the protection of the financial interests of the European Communities, "violation" means any violation of the provisions of European Union law, this Agreement or agreements or contracts arising therefrom as a result of an act or omission by an economic operator that has caused or could result in damage the general budget of the European Union or the budgets managed by it, or by reducing or losing income derived from its own funds, collected directly on behalf of the European Union, or at the expense of unjustified expenses.

Article 263

In order to make optimal use of available resources, the Parties undertake to ensure that contributions from the European Union are carried out in close coordination with contributions from other sources, third countries and international financial institutions.

Article 264revention

The Parties regularly verify that transactions financed with funds from the European Union and co-financed with funds from the Republic of Kazakhstan have been carried out properly, and take all appropriate measures to prevent violations, fraud, corruption and any other illegal activities that damage the financial resources of the European Union and the funds of the co-financing of the Republic of Kazakhstan. The parties shall inform each other of any preventive measures taken.

Article 265transmission of information

The Parties shall inform each other, notifying in particular the competent authorities of the Republic of Kazakhstan and the European Anti-Fraud Office, of alleged or actual cases of fraud, corruption or other violations in connection with the use of financial resources of the European Union and co-financing funds of the Republic of Kazakhstan. The Parties shall inform each other of any measures taken in connection with this article.

Article 266 On-site inspections

On-site inspections of European Union financial assistance are prepared and conducted by the European Anti-Fraud Office in close cooperation with the competent authorities of the Republic of Kazakhstan and in accordance with the national legislation of the Republic of Kazakhstan. Within the framework of this Agreement, the European Anti-Fraud Office is authorized to conduct on-site inspections to protect the financial interests of the European Union in accordance with Regulation (Euratom, EU) No. 2185/96 of the Council 1 and Regulation (EU, Euratom) No. 883/2013 of the European Parliament and of the Council 2.

___________________1 Council Regulation (Euratom, EC) No. 2185/96 of November 11, 1996 on on-site inspections and inspections conducted by the European Commission to protect the financial interests of the European Union from fraud and other violations (Official Journal L 292, 11/15/1996, p. 2).2 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), and repealing Regulation (EU, Euratom) No 1073/1999 of the European Parliament and of the Council and Regulation (Euratom) No 1074/1999 of the Council (Official Journal L 248, 18.09.2013, page 1)

Article 267 Investigation and prosecution

The competent authorities of the Republic of Kazakhstan shall investigate and prosecute, in accordance with the legislation of the Republic of Kazakhstan, alleged and actual cases of fraud, corruption and any other illegal activities that damage the financial resources of the European Union and the means of co-financing of the Republic of Kazakhstan. When it is acceptable and upon official request, the European Anti-Fraud Office may assist the competent authorities of the Republic of Kazakhstan in carrying out this task.

SECTION VIIINSTITUTIONAL FOUNDATIONS

Article 268 Council of Cooperation

1. The Cooperation Council is hereby established. It oversees and regularly reviews the implementation of this Agreement. The Council meets once a year at the ministerial level. It shall consider any important issues arising under this Agreement and any other bilateral or international issues of mutual interest in order to achieve the objectives of this Agreement. 2. In order to achieve the objectives of this Agreement, the Cooperation Council shall take decisions within the framework of this Agreement in the cases provided for therein. Such decisions are binding on the Parties, who take appropriate measures to implement the decisions taken. The Cooperation Council can also make recommendations. It makes its decisions and recommendations by agreement between the Parties after they complete the relevant internal procedures. 3. The Cooperation Council has the authority to update or amend the annexes to this Agreement, based on agreement between the Parties, without prejudice to any relevant provisions. Section III (Trade and Entrepreneurship). 4. The Cooperation Council may delegate any of its powers to the Cooperation Committee, including the authority to make binding decisions. 5. The Cooperation Council consists of representatives of the Parties. 6. The Cooperation Council is headed alternately by a representative of the Republic of Kazakhstan and a representative of the European Union. 7. The Cooperation Council approves its own rules of procedure. 8. Each Party may apply to the Cooperation Council to resolve any dispute related to the implementation or interpretation of this Agreement, in accordance with Article 278.

Article 269 The Cooperation Committee and specialized subcommittees

1. A Cooperation Committee is hereby established. He provides assistance to the Cooperation Council in the performance of the latter's duties. 2. The Cooperation Committee consists of representatives of the Parties, usually at the senior level. 3. The Cooperation Committee is headed alternately by a representative of the Republic of Kazakhstan and a representative of the European Union. 4. The Cooperation Committee shall take decisions in the cases provided for in this Agreement and in the areas in which the Cooperation Council has delegated to it the authority to do so. These decisions are binding on the Parties, who take appropriate measures to implement the decisions taken. The Cooperation Committee makes its decisions by agreement between the Parties after they complete the relevant internal procedures. His duties also include preparing meetings of the Cooperation Council. 5. The Cooperation Committee may meet in a special composition to consider issues related to Section III (Trade and entrepreneurship). 6. The Cooperation Council may decide to establish specialized subcommittees or any other bodies that may assist it in the performance of its duties, and determines the composition, responsibilities and working procedures of these subcommittees or bodies. 7. In its rules of procedure, the Cooperation Council defines the responsibilities and working procedures of the Cooperation Committee and any subcommittee or body established by the Cooperation Council.

Article 270COMMITTEE for Parliamentary Cooperation

1. The Parliamentary Cooperation Committee is hereby established. It consists of members of the Parliament of the Republic of Kazakhstan, on the one hand, and members of the European Parliament, on the other hand, and represents their forum for meetings and exchange of views. He himself determines the frequency of his meetings. 2. The activities of the Parliamentary Cooperation Committee are aimed at developing mutually beneficial and effective parliamentary cooperation between the Parliament of the Republic of Kazakhstan and the European Parliament. 3. The Parliamentary Cooperation Committee approves its rules of procedure. 4. The Parliamentary Cooperation Committee is headed alternately by the Parliament of the Republic of Kazakhstan and the European Parliament in accordance with the provisions established in its rules of procedure. 5. The Parliamentary Cooperation Committee may request information on the implementation of this Agreement from the Cooperation Council, which provides the requested information to the Committee. 6. The Parliamentary Cooperation Committee is informed about the decisions and recommendations of the Cooperation Council. 7. The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.

SECTION IX GENERAL AND FINAL PROVISIONS

Article 271 Access to courts and administrative bodies

Within the framework of this Agreement, each Party undertakes to provide access to natural and legal persons of the other Party to protect their individual and property rights to its competent courts and administrative authorities, free from discrimination and under the same conditions as its natural and legal persons.

Article 272delegation of powers

Unless otherwise specified in this Agreement, each Party shall ensure that the person to whom the Party has delegated regulatory, administrative or other government powers at any level of government, such as issuing import or export licenses or licenses for other economic activities, approving commercial transactions or setting quotas, fees or other payments, acts in the exercise of these powers. in accordance with the obligations of this Party under this Agreement.

Article 273 Restrictions in case of difficulties with the balance of payments and external financial difficulties

1. If a Party is experiencing serious balance of payments difficulties or external financial difficulties, or if there is a threat of such difficulties, it may establish or maintain protective or restrictive measures that affect capital movements, payments or transfers. 2. The measures referred to in paragraph 1: (a) do not impose less favourable treatment on a Party than that imposed on a non-Party in similar cases; (b) comply with the Articles of Agreement of the International Monetary Fund, where applicable; (c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party; (d) are temporary and will be gradually eliminated as the situation referred to in paragraph 1.3 improves. When trading goods, a Party may establish or maintain restrictive measures to protect its balance of payments or external financial position. Such measures are in accordance with GATT 1994 and the Agreement on the Balance of Payments Provisions of GATT 1994. 4. When trading in services, a Party may take restrictive measures to protect its balance of payments or external financial position. Such measures are in accordance with the GATS. 5. Any Party that maintains or establishes the restrictive measures referred to in paragraphs 1 and 2 shall immediately notify the other Party of them and submit an interim plan for their elimination as soon as possible. 6. If restrictions are established or remain in accordance with this article, consultations shall be held immediately in the Cooperation Committee, unless such consultations are conducted outside the scope of this Agreement. 7. The consultations assess the balance of payments difficulties or external financial difficulties that led to the appropriate measures, taking into account, among other things, factors such as: (a) the nature and extent of the difficulties; (b) the external economic and trading environment; or (c) other corrective measures that may be applicable. 8. The consultations consider the compliance of any restrictive measures with paragraphs 1 and 2. 9. During such consultations, the Parties recognize all statistical data and other facts provided by the IMF regarding foreign exchange, foreign exchange reserves and the balance of payments, and the conclusions are based on the IMF's assessment of the balance of payments and the external financial position of the Party concerned.

Article 274 Measures related to vital security interests

Nothing in this Agreement shall be interpreted as: (a) requiring any Party to provide any information, the disclosure of which it considers to be contrary to its vital security interests; (b) preventing any Party from taking any action it deems necessary to protect its vital security interests: (i) related to the production of or trade in arms, ammunition or military materials; (ii) related to economic activities carried out directly or indirectly for the purpose of supplying the armed forces; (iii) related to fissionable or synthesized materials or the materials from which they are derived; (iv) related to government procurement necessary for national security or defense purposes; or (v) undertaken during a war or other international emergency; (c) preventing any Party from taking any action to Fulfilling the obligations assumed by it in order to preserve international peace and security.

Article 275nediscrimination

1. In the areas covered by this Agreement, and without prejudice to the individual provisions contained therein: (a) the agreements applied by the Republic of Kazakhstan in relation to the European Union and its member States do not lead to any discrimination between the member States of the European Union or their natural or legal persons; (b) the agreements, The measures applied by the European Union or its member States in relation to the Republic of Kazakhstan do not lead to any discrimination between individuals or legal entities of the Republic of Kazakhstan. 2. Paragraph 1 is without prejudice to the right of the Parties to apply the relevant provisions of their tax legislation to taxpayers who are not in the same position with respect to their location.

Article 276the taxation

1. This Agreement applies to taxation measures only to the extent that such application is necessary to comply with the provisions of this Agreement. 2. Nothing in this Agreement shall be interpreted in such a way as to prevent the adoption or application of any measure aimed at preventing the avoidance of taxation or tax evasion in accordance with the tax provisions of agreements for the avoidance of double taxation, other tax agreements or the provisions of national tax legislation.

Article 277performance of obligations

1. The Parties shall take any measures necessary to fulfill their obligations under this Agreement. They ensure the achievement of the objectives defined in this Agreement. 2. The Parties shall promptly consult with each other through appropriate channels at the request of either Party to discuss any issue regarding the interpretation or implementation of this Agreement and other relevant aspects of the relationship between the Parties. 3. Each Party submits any dispute concerning the interpretation or implementation of this Agreement to the Cooperation Council in accordance with Article 278.4. The Cooperation Council may settle the dispute in accordance with article 278 and by making a binding decision.

Article 278 Dispute settlement

1. In the event of a dispute between the Parties regarding the interpretation or implementation of this Agreement, either Party shall submit to the other Party and the Cooperation Council an official request on the need to resolve the dispute. By way of derogation, disputes concerning interpretation or performance Section III (Trade and Entrepreneurship), regulated exclusively by Chapter 14 (Dispute Resolution) Section III (Trade and Entrepreneurship). 2. The Parties shall seek to resolve the dispute by entering into consultations in good faith within the framework of the Cooperation Council, as provided for in Article 268, in order to reach a mutually acceptable solution as soon as possible. Consultations regarding the dispute may also be held at meetings of the Cooperation Committee or any other relevant subcommittee or body established pursuant to Article 269, by agreement between the Parties or at the request of either Party. Consultations may also be conducted in writing. 3. The Parties shall provide the Cooperation Council, the Cooperation Committee or other relevant subcommittee or body with all the information necessary for a thorough examination of the situation. 4. The dispute is considered settled if the Cooperation Council takes a binding decision on the settlement of the issue, as provided for in Article 277, or if it declares that the dispute is over. 5. All information disclosed during the consultations remains confidential.

Article 279 Appropriate measures in case of non-fulfillment of obligations

1. If the issue is not resolved within three months from the date of notification of the official request for settlement of the dispute in accordance with Article 278, and if the complaining Party considers that the other Party has not fulfilled its obligation under this Agreement, it may take appropriate measures, except for disputes concerning interpretation or implementation. Section III (Trade and Entrepreneurship). 2. By way of derogation from paragraph 1 of this article, any Party may immediately take appropriate measures with respect to this Agreement in accordance with international law in the event of: (a) denunciation of this Agreement that is unauthorized by the general rules of international law within the meaning of paragraph 3 of article 60 of the 1969 Vienna Convention on the Law of Treaties; or (b) violation of by the other Party to any of the essential elements of this Agreement specified in Articles 1 and 11 of this Agreement. In these cases, the other Party is immediately notified of the appropriate measures. At the request of the other Party, consultations are held for a period of up to 20 days. After this period, the measure is applied. 3. When selecting appropriate measures, priority is given to those measures that least disrupt the functioning of this Agreement and are proportionate to the nature and severity of the violation. The Cooperation Council is immediately notified of such measures, and consultations are immediately held on them, during which each Party has the right to remedy the violation in question.

Article 280 Public access to official documents

The provisions of this Agreement shall not prejudice the application of the relevant legislation of the Parties regarding public access to official documents.

Article 281 Entry into force, temporary application, duration and termination

1. This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the General Secretariat of the Council of the European Union through diplomatic channels of the completion of the procedures necessary for this purpose. 2. Section III (Trade and Entrepreneurship), unless otherwise provided in it, applies from the date of entry into force specified in paragraph 1, provided that the Republic of Kazakhstan has become a WTO member by that date. In the event that the Republic of Kazakhstan becomes a member of the WTO after the date of entry into force of this Agreement, Section III (Trade and Entrepreneurship), unless otherwise provided therein, shall apply from the date when the Republic of Kazakhstan became a member of the WTO. 3. Notwithstanding paragraphs 1 and 2, the Republic of Kazakhstan and the European Union may provisionally apply this Agreement in whole or in part, in accordance with their respective internal procedures and legislation, where applicable. 4. Provisional application begins on the first day of the first month following the date on which: (a) the Republic of Kazakhstan notified the European Union of the ratification of this Agreement; and (b) the European Union notified the Republic of Kazakhstan of the completion of the necessary procedures, indicating, where appropriate, the parts of this Agreement that are temporarily applied. 5. Section III (Trade and Entrepreneurship) of this Agreement, unless otherwise provided therein, shall apply provisionally from the date of provisional application specified in paragraph 4, provided that the Republic of Kazakhstan has become a WTO member by that date. If the Republic of Kazakhstan becomes a member of the WTO after the date of temporary application of this Agreement, but before its entry into force, Section III (Trade and Entrepreneurship), unless otherwise provided therein, shall apply temporarily from the date when the Republic of Kazakhstan became a member of the WTO. 6. For the purposes of the relevant provisions of this Agreement, including its annexes and protocols, any reference in such provisions to the "effective date of this Agreement" shall also be understood as referring to the date from which this Agreement is provisionally applied in accordance with paragraphs 4 and 5. 7. After the entry into force of this Agreement, the Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand, signed in Brussels on January 23, 1995 and effective from July 1, 1999, shall expire. To the extent that the temporary application of this Agreement does not cover the provisions of the Partnership and Cooperation Agreement between the Republic of Kazakhstan, on the one hand, and the European Communities and their Member States, on the other hand, signed in Brussels on January 23, 1995 and effective from July 1, 1999, these provisions during the period of temporary application This Agreement continues to apply. 8. This Agreement replaces the agreement referred to in paragraph 7. References to this agreement in all other agreements between the Parties are interpreted as related to this Agreement. 9. This Agreement is concluded for an unlimited period with the possibility of termination by either Party by written notification sent to the other Party through diplomatic channels. Termination shall take effect six months after receipt by one of the Parties of the notice of termination of this Agreement. Such termination shall not affect ongoing projects initiated under this Agreement prior to notification. 10. Either Party may terminate the provisional application by written notification sent to the other Party through diplomatic channels. The termination shall take effect six months after receipt by one of the Parties of the notice of termination of the temporary application of this Agreement. Such termination shall not affect ongoing projects initiated under this Agreement prior to notification.

Article 282

The agreements in force between the Parties in certain areas of cooperation falling within the scope of this Agreement are considered to be part of their common bilateral relations regulated by this Agreement and form part of the common institutional framework.

Article 283

1. The Parties may, by mutual agreement, amend, revise and expand this Agreement in order to enhance the level of cooperation. 2. The Parties may supplement this Agreement by concluding separate international agreements between themselves in any area falling within the scope of its application. Such separate international agreements between the Parties are an integral part of their general bilateral relations governed by this Agreement and form part of the overall institutional framework.

Article 284applications and protocols

The annexes and protocols to this Agreement are an integral part of it.

Article 285 Determination of the Parties

For the purposes of this Agreement, the term "Parties" means the Republic of Kazakhstan, on the one hand, and the European Union or its member States, or the European Union and its member States, in accordance with their respective powers, on the other hand.

Article 286territorial application

This Agreement applies to the territory of the Republic of Kazakhstan and to the territories where the Treaty on the European Union and the Treaty on the Functioning of the European Union apply and under the conditions provided for in these treaties.

Article 287 Authentic texts

This Agreement is drawn up in two copies in Kazakh, Russian, English, Bulgarian, Hungarian, Dutch, Greek, Danish, Spanish, Italian, Latvian, Lithuanian, Maltese, German, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish, French, Croatian, Czech, Swedish and Estonian, and all the texts are equally valid.

In witness whereof, the respective representatives have signed this Agreement.

ANNEX I - WITHDRAWALS IN ACCORDANCE WITH ARTICLE 46

A. WITHDRAWALS OF THE REPUBLIC OF KAZAKHSTAN The Republic of Kazakhstan reserves the right to maintain or establish any measure that does not comply with obligations under the national regime, in accordance with the procedure set out below: 1. Subsurface use sector 1.1 Subsurface use in the Republic of Kazakhstan requires the establishment of a legal entity of the Republic of Kazakhstan (i.e. a subsidiary). 1.2 The State has the priority right to acquire the right to subsurface use (or part of it) and/or an object related to subsurface use rights. 2. Strategic resources and facilities The Republic of Kazakhstan may refuse to grant legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan permission to make transactions on the use of strategic resources and/or the acquisition of strategic facilities in the Republic of Kazakhstan, if such use or acquisition may lead to the concentration of rights one person or a group of people from the same countries. Compliance with this condition is also mandatory for affiliated companies, as defined in the relevant legislation of the Republic of Kazakhstan1. The Republic of Kazakhstan may impose restrictions on ownership rights and transfer of ownership rights to strategic resources and facilities of the Republic of Kazakhstan in the interests of national security.

___________________1 Article 64 of the Law of the Republic of Kazakhstan No. 415 dated May 13, 2003 "On Joint-Stock Companies" and Article 12 of the Law of the Republic of Kazakhstan No. 220-I dated April 22, 1998 "On Limited and Additional Liability Partnerships"

3. Immovable property 3.1 Legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan may not have privately owned land used for agricultural/agricultural production or forestry planning purposes. Legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan may be granted the right to temporary land use for agricultural/agricultural production purposes for up to ten years with the possibility of extension. 3.2 Private ownership of land plots located in the border zone, on the border territory and in seaports of the Republic of Kazakhstan is prohibited for legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan. 3.3 The lease of agricultural land plots adjacent to the state border of the Republic of Kazakhstan is limited to legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan. 3.4 The right of permanent land use may not be granted to legal entities controlled by individuals or legal entities of the European Union and their branches established in the territory of the Republic of Kazakhstan. 4. Fauna 4.1 Access to biological resources and fishing grounds located in marine and inland waters subject to the sovereignty or jurisdiction of the Republic of Kazakhstan, and their use is limited to fishing vessels flying the flag of the Republic of Kazakhstan and registered in the territory of the Republic of Kazakhstan, unless otherwise provided. Fishing vessels owned by subsidiaries of legal entities of the European Union, established in the form of a legal entity of the Republic of Kazakhstan, are not prohibited from sailing under the flag of the Republic of Kazakhstan. 4.2 When granting the right to use wildlife in a certain area or water zone, priority is given to legal entities of the Republic of Kazakhstan. 5. Requirements of the institution for licensing purposes, companies that produce goods that are subject to licensing for important reasons related to public health, safety or national security are established in the form of a legal entity of the Republic of Kazakhstan. 6. The continental shelf May be subject to restrictions within the framework of the continental shelf of the Republic of Kazakhstan.

B. EXEMPTIONS OF THE EUROPEAN UNION The European Union reserves the right to maintain or impose any measure inconsistent with the obligations under the national regime, which vary from Member State to Member State, where applicable, in accordance with the procedure set out below: 1. Mining and open-pit mining, including oil and natural gas production In some Member States of the European Union Restrictions may apply; The European Union may apply restrictions to legal entities controlled by individuals or legal entities of the Republic of Kazakhstan, which account for more than 5% of the European Union's oil or natural gas imports. 2. Production of petroleum products, gas, electricity, steam, hot water and heat may be subject to restrictions in some member States of the European Union; The European Union may apply restrictions to legal entities controlled by individuals or legal entities of the Republic of Kazakhstan, which account for more than 5% of the European Union's oil or natural gas imports. 3. Fishing Access to biological resources and fishing sites located in marine waters subject to the sovereignty or jurisdiction of the member States of the European Union, and their use is limited to fishing vessels flying the flag of a member State of the European Union and registered in the territory of the European Union, unless otherwise provided. 4. Acquisition of immovable property, including land In some member States of the European Union, restrictions may apply to the acquisition of immovable property, including land, by legal entities controlled by individuals or legal entities of the Republic of Kazakhstan. 5. Agriculture, including hunting In some member States of the European Union, the national regime does not apply to legal entities controlled by individuals or legal entities of the Republic of Kazakhstan who wish to establish an agricultural enterprise; The acquisition of vineyards by legal entities controlled by individuals or legal entities of the Republic of Kazakhstan is subject to notification or, if necessary, authorization. 6. Fish farming The national regime does not apply to fish farming activities in the territory of the European Union. 7. Extraction and processing of fissionable or synthesized materials or materials from which they are obtained In some Member States of the European Union, restrictions may apply.

ANNEX II RESTRICTIONS APPLIED BY THE REPUBLIC OF KAZAKHSTANIN ACCORDANCE WITH PARAGRAPH 2 OF ARTICLE 48

A legal entity of the European Union that attracts intra-corporate transfers to a sector unrelated to the provision of services must be engaged in the production of goods.1 The employment of the VKP as managers and specialists must meet the requirements of the economic feasibility test2. After a 5-year period after the Republic of Kazakhstan's accession to the WTO, the economic feasibility test is not applied.3 The number of CPUs is limited to 50% of the total number of managers, managers and specialists within each category in companies with a minimum number of three employees. Entry and temporary stay of the VKP of the Party is allowed for a period of up to three years on the basis of permits issued annually by the authorized body.

___________________1 The involvement of the VKP in the framework of subsurface use contracts will be carried out in accordance with the Protocol on the Accession of the Republic of Kazakhstan to the WTO.2 A work permit is issued only after the search for suitable candidates in the database of the competent authority has been completed and the vacancy announcement has been published in the mass media. These procedures take no more than one month. The approval for the VKP is granted after the completion of these procedures, unless the company has identified a local candidate who meets its requirements.3 All other requirements, laws, and regulations regarding entry, stay, and work continue to apply.

ANNEX IIISPHERE OF APPLICATION OF CHAPTER 8 (PUBLIC PROCUREMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

PART 1 Central government agencies whose procurement regulations apply

The thresholds referred to in subparagraph (c) Paragraph 2 of Article 120 of this Agreement: 300,000 Special Drawing Rights (SDR) for goods and services, with the exception of construction services (Parts 4 and 5 of this annex) 7 million SDR for construction services (Part 6 of this annex)

Regarding the Republic of Kazakhstan: - Ministry of Investment and Development of the Republic of Kazakhstan - Ministry of Energy of the Republic of Kazakhstan - Ministry of Agriculture of the Republic of Kazakhstan - Ministry of National Economy of the Republic of Kazakhstan - Ministry of Foreign Affairs of the Republic of Kazakhstan - Ministry of Health and Social Development of the Republic of Kazakhstan - Ministry of Finance of the Republic of Kazakhstan - Ministry of Justice of the Republic of Kazakhstan - Ministry of Education and Science of the Republic of Kazakhstan Kazakhstan - Ministry of Culture and Sports of the Republic of Kazakhstan - Accounts Committee for Control over the Execution of the Republican Budget - Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption - National Center for Human Rights Note. The organization and conduct of procurement procedures for the above-mentioned state bodies may be carried out by one organization determined in accordance with the legislation of the Republic of Kazakhstan. In relation to the European Union: The central government authorities of the Member States of the European Union listed in Annex 1 of the European Union to Attachment 1 to the WTO Agreement on Public Procurement. The scope of Chapter 8 (Public Procurement) of Section III (Trade and Entrepreneurship) of this Agreement does not include the institutions marked with an asterisk (*) in this list and the Ministries of Defense mentioned therein. Note. The list of procuring entities also includes any subordinate institution of any listed procuring entity of a member State of the European Union, provided that it does not have a separate legal personality.

PART 2 Regional and local government agencies to which the provisions apply

The thresholds referred to in subparagraph (c) paragraph 2 of Article 120 of this Agreement: 400,000 Special Drawing Rights (SDR) for goods and services, except for construction services (Parts 4 and 5 of this annex) 7 million SDR for construction services (Part 6 of this annex) In respect of the Republic of Kazakhstan: - Akimat of Almaty region - Akimat of Atyrau region - Akimat of Aktobe region Akimat of Akmola region - Akimat of East Kazakhstan region - Akimat of Zhambyl region - Akimat of West Kazakhstan region - Akimat of Karaganda region - Akimat of Kyzylorda region - Akimat of Kostanay region - Akimat of Mangystau region - Akimat of Pavlodar region - Akimat of North Kazakhstan region - Akimat of South Kazakhstan region - Akimat of Astana - Akimat of Almaty Note. The organization and conduct of procurement procedures for the above-mentioned state bodies may be carried out by one organization determined in accordance with the legislation of the Republic of Kazakhstan.

Regarding the European Union: All regional government agencies of the European Union Member States Note. For the purposes of this Agreement, "regional public authorities" are understood as purchasing organizations of administrative units falling under the Nomenclature of Territorial Units 1 and 2 (NUTS) mentioned in Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 establishing the general classification of territorial units for statistics (NUTS)1.

___________________1 The Official Journal of the European Union (OJEU L154, 21.6.2003, p. 1)

PART 3All other institutions whose procurement regulations apply

(no)

PART 4 Covered goods

With respect to the Republic of Kazakhstan and the European Union: 1. This Agreement applies to the procurement of all goods procured by the organizations listed in parts 1-3 of this annex, unless otherwise provided in this Agreement. 2. The list of goods referred to in Article 137 of this Agreement: The numbers of the Nomenclature codes of the Harmonized Commodity Description and Coding System of the World Customs Organization (HS) provided for in the following table define the goods referred to in Article 137 of this Agreement. The description is given for information only.

№

HS Code

Product group

0401 - 0402

Milk and cream

0701 - 0707

Some edible vegetables

2501 - 2530

Other non-metallic mineral products

2801 - 2940

Certain chemicals and products

3101 - 3826

Certain chemicals and products

3917

Pipes, tubes, hoses and their fittings made of plastics

4801

Newspaper paper in rolls or sheets

4803

Paper toilet napkins or face wipes, towels or diapers, and other types of household or sanitary paper

5101 - 6006

Textile materials and textile products

7201 - 8113

Base metals and base metal products

8201 - 8311

Finished metal products, except machinery and equipment

8429

Non-rotating and rotary blade bulldozers, graders, planners, scrapers, mechanical shovels, excavators, single-bucket loaders, tamping machines and road rollers, self-propelled

8501 - 8517

Certain machines and equipment

8535 - 8548

Certain electrical equipment

870130

Tracked tractors

870190

Other tractors in 8701 (except tractors of heading 8709)

8702

Motor vehicles designed to carry 10 people or more, including the driver

8703

Passenger cars and other motor vehicles intended primarily for the carriage of persons (other than motor vehicles of heading 8702), including cargo and passenger vans and racing cars

8704

Motor vehicles for cargo transportation

8705

Motorized vehicles for special purposes (for example, emergency trucks, cranes, fire trucks, concrete mixers, road cleaning vehicles, car washes, auto repair shops, cars with X-ray installations), except those used for the transportation of passengers or goods

8716

Trailers and semi-trailers; other non-self-propelled vehicles; parts thereof

8802

Helicopters and spacecraft

940350

Wooden bedroom type furniture

9405

Lamps and lighting equipment

PART 5 Comprehensive services

With respect to the Republic of Kazakhstan and the European Union: This Agreement applies to the procurement of the following services by the organizations listed in Parts 1-3 of this annex, which are defined in accordance with Section 51 of the United Nations Preliminary Classification of Basic Products (CPC) as included in the WTO Classification List of Service Sectors (MTN.GNS/W/120)1

___________________1 With the exception of services that procurement organizations are required to purchase from another organization in accordance with an exclusive right established by law, regulatory legal act or administrative provision

Description

COP NUMBER

Telecommunication services

7521

Financial auditing services

86211

Accounting and auditing services

86212

Market research services

86401

Management consulting services

865

Management consulting services

8662

Architectural services

8671

Engineering services

8672

Comprehensive engineering services

8673

Urban planning and landscape design services

8674

Consulting services in related scientific and technical fields

86753

Note. The services covered are subject to the restrictions and conditions defined in the List of Specific Obligations of each Party under the GATS.

___________________1 With respect to the Republic of Kazakhstan, with the exception of local telecommunications and radio communication services, including satellite communications, with the exception of services provided by foreign satellite operators to legal entities of the Republic of Kazakhstan licensed to provide telecommunications services provided for in the List of Specific Obligations of the Republic of Kazakhstan under the GATS.2 With the exception of arbitration and conciliation services.3 With the exception of studying the Earth's surface for the purpose of marking boundaries, aerial photography and air cartography, and with the exception of CPC 86754, provided for in the List of Specific Obligations of the Republic of Kazakhstan under the GATS.

PART 6 Comprehensive construction services

With respect to the Republic of Kazakhstan and the European Union: This Agreement applies to the procurement of organizations listed in Parts 1-3 of this annex for all construction services listed in CPC. Note: The services covered are subject to the restrictions and conditions defined in the List of Specific Obligations of each Party under the GATS.

PART 7 General notes

With respect to the Republic of Kazakhstan: 1. Chapter 8 (Public procurement) of Section III (Trade and entrepreneurship) of this Agreement does not cover: (a) purchases of agricultural products carried out to promote agricultural support programs, including purchases for food security purposes, and human nutrition programs (for example, food aid, including urgent humanitarian aid); (b) purchases for the purpose of acquiring, developing, producing or co-producing program material by broadcasters and airtime contracts; (c) purchases of goods, works, services, information about which constitute state secrets, in accordance with paragraph 3 of Article 41 of the Law "On Public Procurement" No. 303-III dated July 21, 2007(d) Procurement in the field of exploration and exploration of outer space for peaceful purposes, in the context of international cooperation in the implementation of joint projects and programmes in the field of space activities; (e) purchases of goods, works and services that are provided exclusively by natural or State monopolies; or (f) purchases of financial services, unless otherwise provided for in paragraph 5 of this annex. 2. Chapter 8 (Public Procurement) of Section III (Trade and entrepreneurship) of this Agreement does not apply to any reserve measure provided for the benefit of small businesses or enterprises owned by representatives of national minorities, or enterprises employing people with disabilities. A reserve measure means any form of preference, such as the exclusive right to provide a product or service, or any price preference. 3. Chapter 8 (Public procurement) of Section III (Trade and entrepreneurship) of this Agreement does not apply to purchases made by the covered organization on behalf of an organization to which the provisions do not apply. 4. Purchases by procuring entities of parts of goods or services that are not themselves covered by this Agreement shall not be considered as covered purchases. 5. Purchases by the procuring entities specified in parts 1 and 2 of this annex in connection with activities in the field of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless they are covered by Part 3 of this annex. Regarding the European Union: 1. Chapter 8 (Public procurement) of Section III (Trade and entrepreneurship) of this Agreement does not cover: (a) purchases of agricultural products carried out to promote agricultural and human nutrition support programs (for example, to provide food aid, including urgent humanitarian assistance); and (b) purchases for the purchase of, development, production or co-production of program material by broadcasters and airtime contracts. 2. Purchases by the procuring entities specified in parts 1 and 2 of this annex in connection with activities in the field of drinking water, energy, transport and the postal sector are not covered by this Agreement, unless they are covered by Part 3 of this annex. 3. The special conditions of Protocol No. 2 on the Aland Islands to the Treaty on the Accession of Austria, Finland and Sweden to the European Union apply to the Aland Islands. 4. With regard to the procurement of defense and security organizations, the procurement covered is limited to goods that are non-sensitive and non-military materials. 5. Purchases by procuring entities of parts of goods or services that are not themselves covered by this Agreement are not considered to be covered purchases.

APPENDIX IVTHE MEDIA FOR PUBLISHING INFORMATION AND ANNOUNCEMENTS ON PROCUREMENT IN ACCORDANCE WITH CHAPTER 8 (PUBLIC PROCUREMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

PART 1The media for publishing procurement information

APPENDIX V RULES OF ARBITRATION PROCEDURE IN ACCORDANCE WITH CHAPTER 14 (DISPUTE SETTLEMENT) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

General provisions 1. In chapter 14 (Dispute resolution) Section III (Trade and Business) of this Agreement and in accordance with these rules: (a) "adviser" means a person hired by a Party to the dispute to advise and assist that Party in connection with the arbitration commission proceedings; (b) "arbitrator" means a member of the arbitration commission established in accordance with article 177 of this Agreement(c) "assistant" means a person who, in accordance with the terms of appointment of an arbitrator, conducts research or provides assistance to that arbitrator; (d) "Complaining Party" means a Party that requests the establishment of an arbitration commission under Article 176 of this Agreement; (e) "Complaining Party" means a Party that allegedly violated the provisions specified in Article 173 of this Agreement; (f) "arbitration commission" means a commission established by in accordance with Article 177 of this Agreement; (g) "representative of the Party" means an employee or any other person appointed by the Party for the purposes of the dispute under this Agreement; (h) "day" means a calendar day; (i) "Business day" means any day other than a public holiday, Saturday and Sunday. 2. The parties share the costs arising from organizational matters, including remuneration and expenses of arbitrators. 3. A request for consultations and a request for the establishment of an arbitration commission shall be delivered to the other Party by e-mail, fax, registered mail, courier or any other means of communication confirming the record of their dispatch. 4. Each Party to the dispute and the arbitration commission shall deliver any document, other than a request for consultations and a request for the establishment of an arbitration commission, by e-mail and fax, registered mail, courier or any other means of communication confirming the record of their sending to the other Party and, where appropriate, to each of the arbitrators. Unless proven otherwise, an e-mail message is considered delivered on the day it is sent. If any related documents are confidential or too large to be transmitted by e-mail, the Party sending the document may ensure that the document is transmitted in a different electronic format to the other Party and, where appropriate, to each of the arbitrators within one day after delivery by e-mail. In such cases, the Party delivering the document shall inform the other Party and, where appropriate, each of the arbitrators by e-mail of the direction of the document and indicate its contents. 5. All notifications are addressed to the Government of the Republic of Kazakhstan and the Directorate General for Trade of the European Commission, respectively. Within 30 days from the start of application In Section III (Trade and Entrepreneurship) of this Agreement, the Parties exchange details for electronic communication, in accordance with rules 3 and 4 of these Rules of Procedure. The parties shall notify each other and, where appropriate, the arbitration commission without delay of any changes to their e-mail addresses or other electronic means of communication. 6. Minor clerical errors in any request, notification, written document or other document related to the arbitration commission proceedings can be corrected by immediately delivering a new document with a clear indication of the changes. 7. If the deadline for delivery of the document falls on a Saturday, Sunday, or a public holiday of the Republic of Kazakhstan or the European Union, the next business day is considered the deadline for delivery. If a document is delivered to a Party on a day that is a day off for that Party, it is considered delivered on the next business day. The date of receipt of the document should be considered the same date as the date of its delivery. Commencement of arbitration 8. (a) If, pursuant to article 177 of this Agreement or rules 19, 20 or 47 of these Rules of Procedure, any member of the arbitration commission is chosen by lot, the drawing of lots shall be conducted at a time and place determined by the complaining Party and promptly notified to the complaining Party. The party against whom the complaint is filed, if it decides to do so, may be present during the drawing of lots. In any case, the draw is conducted in the presence of a Party./Sides'. (b) If, in accordance with article 177 of this Agreement or rules 19, 20 or 47 of these Rules of Procedure, any member of the arbitration commission is chosen by lot and the Cooperation Committee has two chairmen, then both chairmen or their representatives, or one chairman, if the other chairman or his representative does not participate in the drawing of lots, carries out the drawing of lots. (c) The Parties shall notify the selected arbitrators of their appointments. (d) An arbitrator who has been appointed in accordance with the procedure defined in article 177 of this Agreement confirms to the Cooperation Committee his willingness to act as a member of the arbitration commission within five days from the date on which he was informed of the appointment. (e) Unless otherwise agreed by the Parties to the dispute, the Parties shall meet with the arbitration commission in person or through other means of communication within seven days of the establishment of the arbitration commission. The Parties and the arbitration commission shall determine such matters as the Parties or the arbitration commission deem appropriate, including remuneration and expenses to be paid to the arbitrators. Remuneration and expenses comply with WTO standards. 9. (a) Unless otherwise agreed by the Parties within five days from the date of the selection of the arbitrators, the tasks of the arbitration commission shall include: "to examine, in the light of the relevant provisions of the Agreement applied by the parties to the dispute, the issue specified in the request for the establishment of an arbitration commission, to decide on the compliance of the measure under consideration with the provisions specified in article 173, and to send a report in accordance with articles 180, 181, 182 and 195 of this Agreement." (b) The parties must notify the arbitration commission of the agreed assignment within three days of its approval. Initial submissions 10. The complaining Party shall send its initial written submission no later than 20 days after the date of the establishment of the arbitration commission. The Party against whom the complaint is filed shall send its written counter-submission no later than 20 days after the date of receipt of the initial written submission. The work of arbitration commissions 11. The Chairman of the arbitration commission shall preside at all its meetings. The Arbitration Commission may delegate to the Chairman the authority to make administrative and procedural decisions. 12. Unless otherwise provided in Chapter 14 (Dispute resolution) According to Section III (Trade and Entrepreneurship) of this Agreement, the arbitration commission may carry out its activities by any means, including telephone, fax or computer communication. 13. Only arbitrators may participate in the discussions of the arbitration commission, but the arbitration commission may allow its assistants to attend its discussions. 14. The drafting of any report remains the sole responsibility of the arbitration commission and should not be delegated. 15. If a procedural issue arises that is not covered by the provisions of Chapter 14 (Dispute settlement) Section III (Trade and Entrepreneurship) of this Agreement and annexes V-VII to this Agreement, the arbitration commission, after consultation with the Parties, may adopt an appropriate procedure that is compatible with these provisions. 16. If the arbitration commission considers that there is a need to change any of the deadlines for its proceedings, other than those set out in chapter 14 (Dispute resolution) Section III (Trade and Enterprise) of this Agreement, or any other procedural or administrative adjustment, she shall inform the Parties to the dispute in writing of the reasons for the changes or adjustments and of the required time period or adjustments. Replacement 17. If the arbitrator is unable to participate in the arbitration proceedings in accordance with chapter 14 (Dispute resolution) Section III (Trade and Enterprise) of this Agreement, withdraws from it or must be replaced due to non-compliance with the requirements of the Code of Conduct set out in annex VI to this Agreement, the replacement is selected in accordance with article 177 of this Agreement and rule 8 of these Rules of Procedure. 18. If a Party to the dispute considers that the arbitrator does not comply with the requirements of the Code of Conduct and should therefore be replaced, that Party shall notify the other Party to the dispute within 15 days from the date on which it received evidence of the circumstances underlying the significant violation of the Code of Conduct by the arbitrator. 19. If a Party to the dispute considers that an arbitrator other than the chairman does not comply with the requirements of the Code of Conduct, the Parties to the dispute shall consult and, if they agree on the need to replace the arbitrator, select a new arbitrator in accordance with article 177 of this Agreement and rule 8 of these Rules of Procedure. If the Parties to the dispute do not agree on the need to replace the arbitrator, either Party to the dispute may request the chairman of the arbitration commission to consider the matter, the decision of which is final. If, in accordance with such request, the Chairman considers that the arbitrator does not comply with the requirements of the Code of Conduct, a new arbitrator shall be selected in accordance with article 177 of this Agreement and rule 8 of these Rules of Procedure. 20. If a Party considers that the chairman of the arbitration commission does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they agree on the need to replace the chairman, elect a new Chairman in accordance with article 177 of this Agreement and rule 8 of these Rules of Procedure. If the Parties do not agree on the need to replace the Chairman, either Party may request that the matter be considered by one of the remaining members of the reserve of persons from the sublist of chairmen referred to in paragraph 1 of Article 196 of this Agreement. His name is determined by lot by the Chairman of the Cooperation Committee or his representative. The decision of the person chosen in this way on the need to replace the Chairman is final. If the person so chosen decides that the current Chairman does not comply with the requirements of the Code of Conduct, he/she shall select a new chairman by lot from the remaining pool of persons from the sublist of Chairmen referred to in paragraph 1 of Article 196 of this Agreement. The election of a new chairman is carried out within five days from the date of the decision specified in this paragraph. 21. The proceedings of the arbitration commission shall be suspended for the period necessary to carry out the procedures provided for in rules 18, 19 and 20 of these Rules of Procedure. Hearings 22. The Chairman of the arbitration commission appoints the date and time of the hearing after consultations with the Parties to the dispute and other members of the arbitration commission and confirms this in writing to the Parties to the dispute. This information is also published by the Party responsible for the logistical administration of the trial, if the hearing is not closed to the public. If the Parties have no objections, the arbitration commission may decide not to hold a hearing. 23. Unless otherwise agreed by the Parties, the hearing will be held in Brussels if the complaining Party is the Republic of Kazakhstan, and in Astana if the complaining Party is the European Union. 24. The Arbitration Commission may convene additional hearings if the Parties agree to this. 25. All arbitrators are present during any hearing. 26. The following persons may attend the hearing, regardless of whether the proceedings are open to the public or not: (a) representatives of the Parties to the dispute; (b) advisers to the Parties to the dispute; (c) administrative staff, interpreters, translators and stenographers; and (d) assistant arbitrators. Only representatives and advisers of the Parties to the dispute may apply to the arbitration commission. 27. No later than five days before the date of the hearing, each Party to the dispute shall send to the arbitration commission a list of names of persons who will present oral arguments or presentations at the hearing on behalf of that Party, and other representatives or advisers participating in the hearing. 28. The Arbitration Commission conducts the hearing in the following order, ensuring that the Complaining Party and the Complaining Party are given the same time: Argument (a) argument of the Complaining Party (b) argument of the complaining Party Refutation of the argument (a) the argument of the complaining Party (b) the counterargument of the complaining Party. 29. The Arbitration Commission may ask any Party to the dispute a question at any time during the hearing. 30. The Arbitration Commission ensures that the transcript of each hearing is prepared and delivered as soon as possible to the Parties to the dispute. The parties to the dispute may provide their comments to the transcript, and the arbitration commission may review these comments. 31. Each Party to the dispute may provide additional written representation on any issue that arose during the hearing, within ten days from the date of the hearing. Written questions 32. The Arbitration Commission may at any time during the proceedings ask questions in writing to one Party or both Parties to the dispute. Each Party to the dispute receives a copy of any questions asked by the arbitration commission. 33. The Party to the dispute shall send a copy of its written response to the arbitration commission's questions to the other Party to the dispute. Each Party to the dispute has the opportunity to submit written comments on the other Party's response, which must be sent within five days from the date of receipt of such response. Confidentiality 34. Each Party to the dispute and its advisers treat as confidential any information submitted by the other Party to the dispute to the arbitration commission, which this Party has designated as confidential. If a Party to the dispute submits a confidential version of its written submissions to the arbitration commission, it shall also, at the request of the other Party and no later than 15 days after the date of either the request or the submission, whichever is later, send a non-confidential summary of the information contained in its submissions, which may be disclosed to the public, and an explanation, why undisclosed information is confidential. Nothing in these Rules of Procedure prevents a Party to a dispute from disclosing statements of its own position to the public, provided that when referring to information provided by the other Party, it does not disclose any information designated by the other Party as confidential. The Arbitration Commission meets in a closed session if the submission and arguments of the Party contain confidential information. If the hearings are held in a closed session, the Parties to the dispute and their advisers must maintain the confidentiality of the arbitration commission's hearings. Non-confidential version of the Arbitration Commission's report 35. If the arbitration commission's report contains information designated by the Party as confidential, the arbitration commission shall prepare a non-confidential version of the commission's report. The Parties are given the opportunity to comment on the non-confidential version of the report, and the arbitration commission takes their comments into account when preparing the final non-confidential version of the report. One-way contacts 36. The Arbitration Commission does not meet or communicate with a Party in the absence of the other Party. 37. None of the members of the arbitration commission may discuss any aspect of the subject matter of the proceedings with one Party or both Parties to the dispute in the absence of other arbitrators. Advisory opinions 38. Unless otherwise agreed by the Parties within three days from the date of the establishment of the arbitration commission, the arbitration commission may accept voluntary written submissions from individuals or legal entities established in the territory of the Party to the Dispute that are independent of the Governments of the Parties to the dispute, provided that they are delivered within ten days from the date of the establishment of the arbitration commission, and that they are brief and do not contain more than 15 double-spaced pages, and that they are directly relevant to a factual or legal issue., pending before the arbitration commission. 39. The submission contains a description of the person submitting the submission, whether an individual or a legal entity, including his nationality or place of establishment, the nature of his activities, his legal status, general objectives and the source of his funding, and indicates the nature of the interest that the person has in the arbitration proceedings. The submission shall be made in the languages chosen by the Parties to the dispute in accordance with rules 42 and 43 of these Rules of Procedure. 40. The Arbitration Commission shall list in its report all submissions it has received that comply with rules 38 and 39 of these Rules of Procedure. The Arbitration Commission is not obliged to use in its report the arguments indicated in such submissions. Any such submission is submitted to the Parties to the dispute for their comments. The comments of the Parties to the dispute shall be delivered within ten days of receipt of the submission, and any such comments shall be taken into account by the arbitration commission. Urgent cases 41. In urgent cases specified in Chapter 14 (Dispute resolution) In accordance with Section III (Trade and Entrepreneurship) of this Agreement, the arbitration commission, after consulting with the Parties, adjusts the time limits specified in these Rules of Procedure and notifies the Parties of such adjustments. Translation and interpretation 42. During the consultations referred to in article 174 of this Agreement and no later than the meeting referred to in paragraph (e) of rule 8 of these Rules of Procedure, the Parties to the dispute shall seek to agree on a common working language for the proceedings before the arbitration commission. 43. If the Parties to the dispute cannot agree on a common working language, each Party shall make its written submissions in the language of its choice. In such a case, the Party shall at the same time provide a translation in the language chosen by the other Party, unless its submissions are made in one of the working languages of the WTO. The Party against whom the complaint is filed shall take measures to interpret the oral submissions in the languages chosen by the Parties. 44. The reports of the arbitration commission shall be published in the language or languages chosen by the Parties to the dispute. 45. Any Party to the dispute may provide comments on the accuracy of the translation of any translated version of the document prepared in accordance with these Rules of Procedure. 46. Each Party shall bear the costs associated with the translation of its written submissions. Any costs incurred for the purpose of translating the arbitration commission's report shall be divided equally between the Parties to the dispute. Other procedures 47.

These Rules of Procedure also apply to the procedures established in accordance with article 174, paragraph 2 of Article 184, paragraph 2 of Article 185, paragraph 3 of Article 186 and paragraph 2 of Article 187 of this Agreement. However, the time limits set out in these Rules of Procedure are adjusted by the arbitration commission in accordance with the special time limits provided for the adoption of the report by the arbitration commission in other procedures.

ANNEX VI CODE OF CONDUCT FOR MEMBERS OF ARBITRATION COMMISSIONS AND MEDIATORS IN ACCORDANCE WITH CHAPTER 14 (DISPUTE RESOLUTION) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

Definitions 1. In this Code of Conduct: (a) "arbitrator" means a member of the arbitration commission officially established in accordance with article 177 of this Agreement; (b) "candidate" means a person whose name is on the list of arbitrators specified in article 196 of this Agreement and who is being considered for selection as a member of the arbitration commission in in accordance with article 177 of this Agreement; (c) "assistant" means a person who, in accordance with the terms of appointment of the arbitrator, conducts research or provides assistance to the arbitrator; (d) "Proceedings", unless otherwise specified, means proceedings of the arbitration commission in accordance with chapter 14 (Dispute settlement) Section III (Trade and Business) of this Agreement; (e) "staff" in relation to the arbitrator means persons under the direction and control of the arbitrator, other than assistants; (f) "mediator" means a person who conducts the mediation procedure in accordance with annex VII to this Agreement. Responsibilities in the process 2. Each candidate and arbitrator avoids impropriety and the appearance of impropriety, is independent and impartial, avoids direct and indirect conflicts of interest, and adheres to high standards of conduct in order to preserve the integrity and impartiality of the dispute resolution mechanism. Former arbitrators must comply with the obligations set out in rules 15, 16, 17 and 18 of this Code of Conduct. Disclosure obligations 3. Pending confirmation of the selection as an arbitrator in accordance with Chapter 14 (Dispute resolution) In Section III (Trade and Entrepreneurship) of this Agreement, the candidate discloses any interests, relationships, or issues that are likely to affect his independence or impartiality, or that may reasonably create the appearance of incorrectness and bias in the proceedings. To this end, the candidate makes every reasonable effort to inquire about any such interests, relationships, and issues. 4. The candidate or the arbitrator shall communicate in writing any questions regarding actual or potential violations of this Code of Conduct only to the Cooperation Committee for consideration by the Parties. 5. After the selection, the arbitrator will continue to make every reasonable effort to learn about and disclose any interests, relationships, or issues specified in rule 3 of this Code of Conduct. The disclosure obligation is permanent, requiring the arbitrator to disclose any such interests, relationships, or issues that may arise at any stage of the proceedings. The arbitrator shall disclose such interests, relationships, or issues by informing the Cooperation Committee in writing for consideration by the Parties. Duties of arbitrators 6. After confirmation of the choice, the arbitrator is ready to work and performs his duties carefully and in a timely manner throughout the proceedings, fairly and with diligence. 7. The arbitrator shall consider only the issues raised in the proceedings and necessary for the report of the arbitration commission, and shall not delegate this duty to any other person. 8. The arbitrator shall take all appropriate steps to ensure that his assistant and staff are aware of and comply with the rules. 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct. 9. The arbitrator is not involved in unilateral contacts concerning the proceedings. Independence and impartiality of arbitrators 10. The arbitrator is independent and impartial, avoids creating the appearance of incorrectness and bias, and is not influenced by personal interests, external pressure, political considerations, public discontent and loyalty to the Party or fear of criticism. 11. The arbitrator does not, directly or indirectly, incur any obligations or receive any benefits that in any case limit or may limit the proper performance of his duties. 12. The arbitrator does not use his position in the arbitration commission to advance any personal or private interests. The arbitrator avoids actions that may give the impression that he is being influenced by others. 13. The arbitrator does not allow financial, business, professional, personal or social relationships or responsibilities to influence his behavior or decision. 14. The arbitrator avoids entering into any relationship or acquiring any financial interest that may affect his impartiality or that may reasonably create the appearance of incorrectness or bias. Duties of former arbitrators 15. All former arbitrators avoid actions that may give the impression that they have shown bias in the performance of their duties or have benefited from the decision or report of the arbitration commission. Confidentiality 16. Neither the arbitrator nor the former arbitrator shall ever disclose or use non-public information about the proceedings or acquired during the proceedings, except for the purposes of this proceeding, and in any case shall not disclose or use any such information for personal gain or benefit to others or adversely affect the interests of others. 17. The arbitrator does not disclose the report of the arbitration commission or any part thereof until it is published in accordance with chapter 14 (Dispute resolution) Section III (Trade and Entrepreneurship) of this Agreement. 18. The arbitrator or former arbitrator does not disclose the discussions of the arbitration commission or the opinions of any arbitrator at any time. Expenses 19. Each arbitrator keeps records and prepares a final report on the time spent on the procedures and on his expenses, as well as on the time and expenses of his assistants and staff. Mediators 20. The procedure described in this Code of Conduct, applied to arbitrators or former arbitrators, applies mutatis mutandis to mediators.

APPENDIX VI MEDIATION MECHANISM IN ACCORDANCE WITH CHAPTER 14 (DISPUTE RESOLUTION) OF SECTION III (TRADE AND ENTREPRENEURSHIP)

Article 1 Purpose

The purpose of this application is to facilitate the finding of a mutually agreed solution through a holistic and rapid mediation procedure.

THE PROCEDURE SECTION OF THE MEDIATION MECHANISM

Article 2 Request for information

1. At any time prior to the initiation of the mediation procedure, the Party may send a written request for information regarding a measure negatively affecting trade or investment between the Parties. The Party to which such a request has been made, within 20 days of receiving the request, sends a written response containing its comments on the information contained in the request. 2. If the responding Party considers that it will not be able to send a response within 20 days of receiving the request, it will immediately notify the requesting Party, indicating the reasons for the delay and indicating the approximate shortest period during which it will be able to send its response.

Article 3 Initiation of the procedure

1. A Party may request that the Parties enter into mediation proceedings at any time by sending a written request to the other Party. The request is detailed enough to clearly express the concerns of the requesting Party and: (a) identifies the specific measure under consideration; (b) provides a statement on the alleged negative impact that, in the opinion of the requesting Party, this measure has or will have on trade or investment between the Parties.; and (c) explains why the requesting Party believes that this influence is related to this measure. 2. Mediation procedure can be initiated only by mutual agreement of the Parties. If the request is made in accordance with paragraph 1, the Party to which the request is made treats the request favorably and sends its written consent or refusal to the requesting Party within ten days of its receipt.

Article 4The choice of mediator

1. The Parties shall strive to reach an agreement on the mediator within 15 days from the date of granting the consent specified in paragraph 2 of Article 3 of this annex. 2. If the Parties cannot agree on a mediator within the time period specified in paragraph 1 of this Article, either Party may request the Chairman of the Cooperation Committee or the Chairman's representative to select a mediator by lot from the list established in accordance with paragraph 1 of Article 196 of this Agreement. An invitation is sent to representatives of both Sides in advance to attend the draw. In any case, the draw is conducted in the presence of the Party./Sides'. 3. The Chairman of the Cooperation Committee or a representative of the Chairman shall select a mediator within five days from the date of receipt of the request made in accordance with paragraph 2. 4. If the list referred to in paragraph 1 of Article 196 of this Agreement has not been formed by the time the request was made in accordance with Article 3 of this annex, the mediator shall be selected by lot from persons who have been officially proposed by one or both Parties. 5. The Mediator is not a citizen of either Party unless the Parties agree otherwise. 6. The Mediator provides impartial and transparent assistance to the Parties in order to clarify the measure and its possible impact on trade consequences, as well as to achieve a mutually agreed solution. 7. The Code of Conduct for Members of Arbitration Commissions and Mediators set out in annex VI of this Agreement shall apply mutatis mutandis to mediators. 8. Rules 3-7 (Notices) and 42-46 (Written and oral translation) of the Rules of Arbitration Procedure set out in annex V to this Agreement shall apply mutatis mutandis.

Article 5 Rules on mediation procedures

1. Within ten days of the appointment of the mediator, the Party that initiated the mediation procedure shall send a detailed written description of its concerns to the mediator and the other Party, in particular regarding the effect of the measure in question and its impact on trade. Within 20 days of receiving this description, the other Party may send written comments on the description. Any Party may include any information it deems relevant in its description or comments. 2. The mediator can decide on the most appropriate way to clarify the measure in question and its possible impact on trading. In particular, the mediator may arrange meetings between the Parties, advise the Parties jointly or separately, seek assistance or consult with relevant experts or stakeholders, and provide any additional support requested by the Parties. The mediator consults with the Parties before seeking help or advice from relevant experts and stakeholders. 3. The Mediator does not advise or comment on the compliance of the measure under consideration with this Agreement. The mediator can give advice and propose a solution for consideration by the Parties. The parties may accept or reject the proposed solution or agree on another solution. 4. The mediation procedure is conducted on the territory of the Party to which the request was addressed, or by mutual agreement in any other place or by any other means. 5. The parties strive to reach a mutually agreed solution within 60 days from the date of appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions. 6. A mutually agreed decision or an interim decision may be made through a decision of the Cooperation Committee. Mutually agreed decisions are published. The version that is open to the public does not contain any information that is designated as confidential by the Party. 7. At the request of the Parties, the mediator sends a draft factual report to the Parties providing a brief description of: (i) the measure under consideration; (ii) the procedures that followed.; and (iii) any mutually agreed solution reached, including possible interim solutions. The Mediator allows the Parties to comment on the draft report within 15 days. After reviewing the comments of the Parties received during this period, the mediator sends the final factual report to the Parties within 15 days. The factual report does not include any interpretation of this Agreement. 8. The procedure is terminated by: (a) making a mutually agreed decision by the Parties on the day of its adoption; (b) mutual agreement of the Parties at any stage of the procedure on the date of such agreement; (c) a written statement by the mediator, after consultation with the Parties, that further mediation efforts will be unsuccessful on the date of such statement; or (d) a written statement by the Party after examining the mutually agreed decisions in the mediation procedure and after consideration of any advice and solutions proposed by the mediator on the day of such statement.

THE EXECUTION SECTION

Article 6The execution of a mutually agreed decision

1. If the Parties have reached an agreement on a solution, each Party shall take the necessary measures to implement the mutually agreed decision within the agreed time frame. 2. The executing Party shall notify the other Party in writing of any steps or measures taken to implement the mutually agreed decision.

SECTION OWN PROVISIONS

Article 7 Confidentiality and attitude to dispute settlement

1. Unless otherwise agreed by the Parties and without prejudice to paragraph 6 of Article 5 of this annex, all stages of the procedure, including any advice or proposed solution, are confidential. Nevertheless, any Party can disclose to the public the fact that mediation is taking place. 2. The mediation procedure does not prejudice the rights and obligations of the Parties under Chapter 14 (Dispute settlement) Section III (Trade and Business) of this Agreement or any other agreement. 3. Consultations in accordance with Chapter 14 (Dispute resolution) Section III (Trade and Entrepreneurship) of this Agreement is not required before the mediation procedure begins. However, the Party usually uses other relevant provisions on cooperation or consultations provided for in this Agreement before starting the mediation procedure. 4. The Party shall not rely on or provide evidence in other dispute settlement proceedings under this Agreement or any other agreement, and the arbitration commission shall not take into account: (a) the positions taken by the other Party during the mediation procedure or information collected in accordance with paragraph 2 of Article 5 of this annex; (b) the fact that the other Party has indicated its willingness to decide on the measure that is the subject of mediation; or (c) the recommendations of the mediator and the suggestions made by the mediator. 5. The mediator may not serve as a member of the arbitration commission in dispute settlement proceedings under this Agreement or under the WTO Agreement, during which the same issue for which he was the mediator is being considered.

Article 8Calls

Any time period mentioned in this annex may be changed by mutual agreement between the Parties.

Article 9The costs

1. Each Party shall bear its own costs arising from participation in the mediation procedure. 2. The parties jointly and equally bear the costs of organizational matters, including the remuneration and expenses of the mediator. The mediator's remuneration is in accordance with what is provided for the chairman of the arbitration commission in accordance with paragraph (e) of rule 8 of the Rules of Procedure set out in annex V to this Agreement.

PROTOCOL ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

Article 1 Definitions

For the purposes of this Protocol: (a) "customs legislation" means any legal or regulatory provisions applicable in the territory of the Parties governing the import, export and transit of goods and their placement in accordance with any other customs regime or procedure, including measures to prohibit, restrict and control them; (b) "authority -"applicant" means the competent administrative authority that makes a request for assistance under this Protocol and which is designated by a Party for this purpose; (c) "requested authority" means the competent administrative authority that receives a request for assistance under this Protocol and which is designated by a Party for this purpose; (d) "personal data" means any information related to an identified or identified individual; (e) "operation violating Customs legislation" means any violation or attempted violation of customs legislation.

Article 2 Scope of application

1. The Parties shall assist each other in the field of their competence in the manner and in accordance with the conditions set out in this Protocol to ensure the proper application of their customs legislation by preventing, investigating and combating transactions that violate this legislation. 2. The assistance in customs matters provided for in this Protocol shall apply to any administrative body of the Parties that has the competence to apply this Protocol. It is without prejudice to the rules governing mutual assistance in criminal matters and does not cover the exchange of information obtained through the exercise of authority at the request of a judicial authority, except in cases where the transfer of such information is authorized by that authority. 3. Assistance in matters related to the collection of duties, taxes or fines is not covered by this Protocol.

Article 3 Assistance on request

1. At the request of the applicant authority, the requested authority shall provide it with all relevant information that will convince it that the customs legislation is being applied correctly, including information about the specified or planned activity that is or may be an operation violating customs legislation. 2. At the request of the applicant authority, the requested authority shall inform it of: (a) the circumstances (facts and conditions) of the export of goods from the territory of the Party and import into the territory of the other Party, indicating, where appropriate, the customs procedure applied to the goods; (b) the circumstances (facts and conditions) of the import of goods into the territory of the Party and export from the territory of the other Party, indicating, where appropriate, the customs procedure applied to the goods. 3. At the request of the applicant authority, the requested authority, within the framework of its legal or regulatory provisions, takes the necessary steps to ensure special supervision of: (a) natural or legal persons in respect of whom there are sufficient grounds to believe that they are involved or have been involved in operations violating customs legislation; (b) places of storage of goods, in respect of which there are sufficient grounds to suspect that operations that violate customs legislation are taking place.; (c) goods being transported or intended for transportation, in respect of which there are sufficient grounds to suspect that operations violating customs legislation are taking place; (d) vehicles transporting goods, in respect of which there are sufficient grounds to suspect that operations violating customs legislation are taking place.

Article 4 Voluntary assistance

The Parties shall assist each other on their own initiative and in accordance with their legal or regulatory provisions, if they consider it necessary for the proper application of customs legislation, in particular by providing information relevant to: (a) activities that are or appear to be operations that violate customs legislation and that may be of interest to on the other Hand; (b) new means and methods used in carrying out operations that violate customs legislation; (c) goods that are known to be the subject of operations that violate Customs laws; (d) natural or legal persons for whom there are reasonable grounds to believe that they are involved or have been involved in operations that violate customs laws; (e) vehicles for which there are sufficient grounds to believe that they have been used, are being used, or may be used in operations that violate customs legislation.

Article 5 - Delivery and notification

At the request of the applicant authority, the requested authority, in accordance with the legal or regulatory provisions applicable to the latter, shall take all necessary measures to deliver any documents or to notify any decisions emanating from the applicant authority that fall within the scope of this Protocol to the addressee located or established in the territory of the requested authority. Requests for the delivery of documents or notification of decisions are made in writing in the official language of the requested authority or in a language acceptable to that authority.

Article 6 Form and content of requests for assistance

1. In accordance with this Protocol, requests are made in writing. The documents necessary for the execution of the request are attached to them. If necessary, due to the urgency of the situation, oral requests can be accepted, but they must be immediately confirmed in writing. 2. In accordance with paragraph 1, requests contain the following information: (a) the applicant authority; (b) the purpose and reason for the request; (c) the requested measure; (d) legal or regulatory provisions and other relevant legal elements; (e) accurate and complete, as far as possible, information about individuals or legal entities that are subject to verification; (f) information about relevant facts and verification that has already been carried out; (g) any other relevant information necessary to fulfill the request. 3. Requests shall be submitted in the official language of the requested authority or in a language acceptable to such authority. This requirement does not apply to any documents that are attached to the request in accordance with paragraph 1.4. If the request does not meet the formal requirements set out in paragraphs 1-3, its correction or addition may be requested, at the same time interim measures may be prescribed.

Article 7 Execution of requests

1. In order to fulfill a request for assistance, the requested authority acts within its competence and available resources, as if it were acting in its own interests or at the request of other authorities of its Party, by providing information already available to the authority, conducting appropriate inspections or arranging conditions for their conduct. This also applies to any other authority to which a request is addressed by the requested authority, if the latter is unable to act independently. 2. Requests for assistance are executed in accordance with the legal or regulatory provisions of the requested Party. If the request cannot be executed, the requesting Party will be informed about it without delay. 3. Duly authorized employees of a Party, with the consent of the other Party and in accordance with the conditions determined by the latter, may be present at the offices of the requested authority or other interested authorities in accordance with paragraph 1 in order to obtain information related to activities that are or may be an operation violating customs legislation and that is necessary for the applicant authority to for the purposes of this Protocol. 4. Duly authorized employees of one of the participating Parties, with the consent of the other Party and in accordance with the conditions determined by the latter, may be present during inspections conducted on the territory of the latter.

Article 8 The form in which information is to be transmitted

1. The requested authority shall communicate the results of the inspection to the applicant authority in writing, together with the relevant documents, certified copies or other documents. 2. This information may be in electronic form. 3. Original documents are provided only upon request in cases where certified copies may not be sufficient. These originals are returned as soon as possible.

Article 9Exclusions from the obligation to provide assistance

1. Assistance may be refused or may be provided subject to certain conditions or requirements in cases where one Party considers that assistance under this Protocol: (a) may prejudice the sovereignty of the Republic of Kazakhstan or that Member State of the European Union to which a request for assistance under this Protocol has been sent; or (b) may prejudice public policy, security or other vital interests, in particular in the cases referred to in paragraph 2 of Article 10 of this Protocol.; or (c) may violate an industrial, commercial or official secret. 2. The requested authority may postpone the provision of assistance on the grounds that it may interfere with an ongoing investigation, prosecution or trial. In such a case, the requested authority shall consult with the applicant authority in order to determine the possibility of providing assistance, subject to the deadlines or conditions that the requested authority may require. 3. If the applicant authority needs assistance that it cannot provide itself in the event of a request, it draws attention to this fact in its request. The requested authority then decides how to respond to such a request. 4. In the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons for such decision must be communicated to the applicant authority without delay.

Article 10 Information exchange and confidentiality

1. Any information transmitted in any form under this Protocol shall be confidential or restricted, depending on the rules applicable in each Party. This information is subject to an obligation related to official secrecy, and this information is protected by the protection provided by similar information on the basis of the relevant laws of the Party receiving it, as well as the relevant provisions applicable to the institutions of the European Union. 2. The exchange of personal data can only be carried out if the Party that can receive it undertakes to protect such data to the extent that it is considered appropriate by the Party that can provide it. 3. The use of information obtained in accordance with this Protocol in judicial or administrative cases initiated in respect of transactions violating customs legislation shall be considered intended for the purposes of this Protocol. Thus, the Parties may use information and background documents obtained in accordance with the provisions of this Protocol as evidence in their protocols, reports and testimonies, as well as in proceedings and charges brought to court. The competent authority that provided such information or access to such documents is notified of such use. 4. Information obtained in accordance with this Protocol shall be used exclusively for the purposes set out in this Protocol. If a Party wishes to use this information for other purposes, it receives the prior written consent of the authority that provided the information. In the future, such use is subject to any restrictions determined by this authority.

Article 11experts and witnesses

An official of the requested authority may be authorized to act, within the limits of the authority granted, as an expert or witness during judicial or administrative proceedings in respect of matters covered by this Protocol, and may provide such items, documents or certified copies thereof as may be necessary for the proceedings. A request to an official is made by the applicant body, and the request must specify, in particular, which judicial or administrative body the official will have to address, on what issues and in what capacity (position or qualification).

Article 12 Expenditure on assistance

The Parties waive all claims against each other for reimbursement of expenses incurred in accordance with this Protocol, with the exception, where appropriate, of the costs of experts and witnesses, as well as the costs of interpreters and translators who are not government employees.

Article 13Compliance

1. The implementation of this Protocol is entrusted, on the one hand, to the customs authorities of the Republic of Kazakhstan, and, on the other hand, to the competent services of the European Commission and, if necessary, to the customs authorities of the member States of the European Union. They make decisions on all practical measures and arrangements necessary for its application, taking into account the current rules, in particular in the field of data protection. 2. The Parties shall consult with each other and further inform each other on the detailed rules of implementation adopted in accordance with the provisions of this Protocol.

Article 14other agreements

1. Taking into account the respective competencies of the European Union and the member States of the European Union, the provisions of this Protocol: (a) do not affect the obligations of the Parties under any other international agreement or convention; (b) are considered complementary to mutual assistance agreements that have been concluded or may be concluded between the Republic of Kazakhstan and individual member States of the European Union, and (c) do not affect the provisions of the European Union governing the transfer between the competent services of the European Commission and the customs authorities of the member States of the European Union of any information received in accordance with by this Protocol, which may be of interest to the European Union or to the member States of the European Union. 2. Notwithstanding paragraph 1 of this article, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance concluded or likely to be concluded between the Republic of Kazakhstan and individual Member States of the European Union, to the extent that the provisions of the latter are incompatible with the provisions of this Protocol. 3. With regard to issues related to the applicability of this Protocol, the Parties shall consult with each other to resolve the issue within the framework of a regular dialogue between the Parties on customs matters.

Done in Astana on December twenty-first, two thousand and fifteen. Eki myn he besinshi zhylgy zhiyrma birinshi zheltoksanda Astanada zhasaldy.

RCPI's note! The text of the Agreement in English is attached below.

President

Republic of Kazakhstan

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