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EC/Turkmenistan agreement: interim agreement on trade

1998/0304(CNS)

PURPOSE: the conclusion of an Interim Agreement between the European Community and Turkmenistan on trade and trade-related matters.

ACT ADOPTED BEFORE THE ENTRY INTO FORCE OF THE LISBON TREATY: Council Decision 2011/188/EC on the conclusion by the European Community of the Interim Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters.

BACKGROUND: pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, signed in Brussels on 25 May 1998, it is necessary to approve on behalf of the European Community, the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, signed in Brussels on 10 November 1999.

CONTENT: by means of this Decision, the Interim Agreement between the European Community, EURATOM, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters, together with its Annexes, the Protocol and the declarations, and the Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, as regards the authentic language versions, which amends Article 31 of that Interim Agreement are hereby approved on behalf of the European Community.

These texts are attached to this Decision.

The main provisions of this Interim Agreement are as follows:

  • trade in goods: the Parties shall accord to one another most-favoured- nation treatment in all areas in respect of all sectors;
  • payments, competition and other economic provisions: the Parties undertake, in particular, to authorise, in freely convertible currency, any current payments between residents of the Community and of Turkmenistan.

Joint Committee: a Joint Committee to perform the duties assigned to it by this Agreement until the Cooperation Council provided for in Article 77 of the Partnership and Cooperation Agreement is established. The Joint Committee may, for the purposes of attaining the objectives of the Agreement, make recommendations in the cases provided for therein. It shall draw up its recommendations by agreement between the Parties. Provisions are foreseen for the settlement of disputes between the parties.

Specific provisions:

Nothing in the Agreement shall prevent a Party from taking any measures:

  • which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
  • which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
  • which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security;
  • (which it considers necessary to respect its international obligations and commitments in the control of dual use industrial goods and technology.

Anti-discrimination rules: in the fields covered by this Agreement, it is stipulated that:

  • the arrangements applied by Turkmenistan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms,
  • the arrangements applied by the Community in respect of Turkmenistan shall not give rise to any discrimination between Turkmen nationals, or Turkmen companies or firms.

ENTRY INTO FORCE: the Decision takes effect on 27 July 2009. The agreement is applicable until the entry into force of the Partnership and Cooperation Agreement initialled on 24 May 1997.