Stabilisation and Association Agreement between the EU and Croatia
Stabilisation and Association Agreement between the EU and Croatia Stabilisation and Association Agreement between the EU and Croatia
Joint Declaration concerning Article 71 The Parties agree that for the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, the rights relating to databases, patents, industrial designs, trademarks and service marks, topographies of integrated circuits geographical indications, including appellation of origins, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information on know-how. Joint Declaration concerning Article 120 (a) For the purposes of the interpretation and practical application of the Agreement, the parties agree that the cases of special urgency referred to in Article 120 of the Agreement mean cases of material breach of the Agreement by one of the two parties. A material breach of the Agreement consists in – repudiation of the Agreement not sanctioned by the general rules of international law – violation of the essential elements of the Agreement set out in Article 2 (b) The parties agree that the “appropriate measures” referred to in Article 120 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency pursuant to Article 120, the other party may avail itself of the dispute settlement procedure. Declarations concerning Protocol 4 Joint declaration concerning the Principality of Andorra 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Croatia as originating in the Community within the meaning of this Agreement. 2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the above-mentioned products. Joint declaration concerning the Republic of San Marino 1. Products originating in the Republic of San Marino shall be accepted by Croatia as originating in the Community within the meaning of this Agreement. 2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the above mentioned products. 66
Declaration by the Community and its Member States Considering that exceptional trade measures are granted by the European Community to countries participating or linked to the EU Stabilisation and Association Process including Croatia on the basis of Regulation (EC) No. 2007/2000, the European Community and its Member States declare: – that, in application of Article 30 of this Agreement, those of the unilateral autonomous trade measures which are more favourable shall apply in addition to the contractual trade concessions offered by the Community in this Agreement as long as Council Regulation (EC) No. 2007/2000 as amended applies; – that, in particular, for the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the reduction shall apply also to the specific customs duty in derogation from the relevant provision of Article 27.1. 67
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Joint Declaration concerning Article 71<br />
The Parties agree that for <strong>the</strong> purpose of this <strong>Agreement</strong>, intellectual, industrial <strong>and</strong><br />
commercial property includes in particular copyright, including <strong>the</strong> copyright in computer<br />
programmes, <strong>and</strong> neighbouring rights, <strong>the</strong> rights relating to databases, patents, industrial<br />
designs, trademarks <strong>and</strong> service marks, topographies of integrated circuits geographical<br />
indications, including appellation of origins, as well as protection against unfair competition<br />
as referred to in Article 10a of <strong>the</strong> Paris Convention for <strong>the</strong> Protection of Industrial Property<br />
<strong>and</strong> protection of undisclosed information on know-how.<br />
Joint Declaration concerning Article 120<br />
(a)<br />
For <strong>the</strong> purposes of <strong>the</strong> interpretation <strong>and</strong> practical application of <strong>the</strong> <strong>Agreement</strong>, <strong>the</strong><br />
parties agree that <strong>the</strong> cases of special urgency referred to in Article 120 of <strong>the</strong><br />
<strong>Agreement</strong> mean cases of material breach of <strong>the</strong> <strong>Agreement</strong> by one of <strong>the</strong> two<br />
parties. A material breach of <strong>the</strong> <strong>Agreement</strong> consists in<br />
– repudiation of <strong>the</strong> <strong>Agreement</strong> not sanctioned by <strong>the</strong> general rules of<br />
international law<br />
– violation of <strong>the</strong> essential elements of <strong>the</strong> <strong>Agreement</strong> set out in Article 2<br />
(b)<br />
The parties agree that <strong>the</strong> “appropriate measures” referred to in Article 120 are<br />
measures taken in accordance with international law. If a party takes a measure in a<br />
case of special urgency pursuant to Article 120, <strong>the</strong> o<strong>the</strong>r party may avail itself of <strong>the</strong><br />
dispute settlement procedure.<br />
Declarations concerning Protocol 4<br />
Joint declaration<br />
concerning <strong>the</strong> Principality of Andorra<br />
1. Products originating in <strong>the</strong> Principality of Andorra falling within Chapters 25 to 97<br />
of <strong>the</strong> Harmonised System shall be accepted by <strong>Croatia</strong> as originating in <strong>the</strong><br />
Community within <strong>the</strong> meaning of this <strong>Agreement</strong>.<br />
2. Protocol 4 shall apply mutatis mut<strong>and</strong>is for <strong>the</strong> purpose of defining <strong>the</strong> originating<br />
status of <strong>the</strong> above-mentioned products.<br />
Joint declaration<br />
concerning <strong>the</strong> Republic of San Marino<br />
1. Products originating in <strong>the</strong> Republic of San Marino shall be accepted by <strong>Croatia</strong> as<br />
originating in <strong>the</strong> Community within <strong>the</strong> meaning of this <strong>Agreement</strong>.<br />
2. Protocol 4 shall apply mutatis mut<strong>and</strong>is for <strong>the</strong> purpose of defining <strong>the</strong> originating<br />
status of <strong>the</strong> above mentioned products.<br />
66