FREE TRADE
AGREEMENT BETWEEN TURKEY AND BULGARIA
PREAMBLE
The
Republic of Turkey and the Republic of Bulgaria (hereinafter called the
"Parties");
Reaffirming
their commitment to the principles of market economy, which constitutes
the basis
for their economic relations, and their compliance with the rights and
obligations
arising out of the Agreement establishing the World Trade Organization
(WTO) and
the General Agreement on Tariffs and Trade 1994 (GATT 1994);
Considering
their common desire to participate actively in the process of international
economic
integration;
Resolved to
this end to eliminate progressively the obstacles to substantially all their
mutual
trade, in accordance with the provisions of the General Agreement on Tariffs
and
Trade 1994
(GATT 1994);
Considering
the rights and the obligations arising out of the Agreement Establishing an
Association
between the Republic of Turkey and the European Economic Community, and
the Europe
Agreement Establishing an Association between the European Communities
and their
Member States, of one part, and the Republic of Bulgaria, of the other part;
Convinced
that this Agreement will create a new climate for their economic relations
and, in
particular, for the development of trade, investments and economic and
technological
co-operation;
Have agreed
as follows:
Article 1
Objectives
1. The
Parties shall gradually establish a free trade area, during a transitional
period
ending at
the latest on 1 January 2002, in accordance with the provisions of the present
Agreement
and in conformity with those of the GATT 1994, in particular Article XXIV of
the GATT
1994, and the Agreement Establishing the WTO.
2. The
objectives of present Agreement are:
(a) to
promote, through the expansion of mutual trade, the harmonious development
of the
economic relations between the Parties;
(b) to
provide fair conditions of competition for trade between the Parties;
(c) to
contribute in this way, by removal of barriers to trade, to the harmonious
development
and expansion of world trade;
(d) to
enhance co-operation between the Parties.
CHAPTER I
Industrial
products
Article 2
Scope
1. The
provisions of this Chapter shall apply to industrial products originating in
the
Parties.
2. For the
purpose of this Agreement the term "industrial products" means
products
falling within Chapters 25 to 97 of the Harmonized Commodity Description and
Coding
System with the exception of the products listed in Annex I.
Article 3
Basic
duties
1. For
commercial exchanges covered by this Agreement, the Customs Tariff of the
Republic of
Bulgaria shall be applied to the classification of goods for imports into the
Republic of
Bulgaria. The Customs Tariffs of the Republic of Turkey shall be applied t o
the
classification of goods for imports into the Republic of Turkey.
2. For each
product, the basic duty to which successive reductions set out in this
Agreement
are to be applied shall be the Most Favoured Nation duty that was in force in
the
Parties, erga omnes, on date of the entry into force of this Agreement.
3. If after
entry into force of this Agreement, any tariff reduction is applied on an
erga omnes
basis, in particular, reductions resulting from the tariff agreement concluded
as a result
of the GATT Uruguay Round, such reduced duties shall replace the basic
duties
referred to in paragraph 2 as from that date when such reductions are applied.
4. The
reduced duties calculated in accordance with paragraph 3 shall be applied
rounded to
the first decimal place.
5. The
Parties shall communicate to each other their respective basic duties.
Article 4
Customs
duties on imports
1. No new
customs duties on imports shall be introduced, nor shall those already
applied be
increased, in trade between the Parties from the date of entry into force of
this
Agreement.
2. Customs
duties on imports applied in the Republic of Bulgaria on products
originating
in the Republic of Turkey, other than those specified in Annex II, shall be
abolished
from the date of entry into force of this Agreement.
3. Customs
duties on imports applied in the Republic of Bulgaria on products
originating
in the Republic of Turkey, specified in Annex II, shall be progressively
abolished
in accordance with the timetable provided in that Annex.
4. Customs
duties on imports applied in the Republic of Turkey on products
originating
in the Republic of Bulgaria, other than those specified in Annex III, shall be
abolished
from the date of entry into force of this Agreement.
5. Customs
duties on imports applied in the Republic of Turkey on products
originating
in the Republic of Bulgaria, specified in Annex III, shall be progressively
abolished
in accordance with the timetable provided in that Annex.
Article 5
Charges
equivalent to duties
1. No new
charges having an effect equivalent to customs duties on imports shall
be introduced
in trade between the Parties.
2. All
charges having an effect equivalent to customs duties on imports shall be
abolished
on the date of entry into force of this Agreement.
Article 6
Customs
duties of a fiscal nature
The
provisions of Article 4 shall also apply to customs duties of a fiscal nature.
Article 7
Customs
duties on exports and charges having equivalent effect
1. No new
customs duties on exports or charges having equivalent effect shall be
introduced
in trade between the Parties.
2. The
Parties shall abolish between them on the date of entry into force of this
Agreement
all customs duties on exports and charges having equivalent effect.
Article 8
Quantitative
restrictions on exports and measures having equivalent effect
1. No new
quantitative restrictions on exports or measures having equivalent effect
shall be
introduced in trade between the Parties.
2. All
quantitative restrictions on exports from the Parties and measures having
equivalent
effect shall be abolished on the date of entry into force of this Agreement.
Article 9
Quantitative
restrictions on imports and measures having equivalent effect
1. No new
quantitative restrictions on imports or measures having equivalent effect
shall be
introduced in trade between the Parties.
2. All
quantitative restrictions and measures having equivalent effect on imports of
products
originating in the Parties shall be abolished on the date of entry into force
of
this
Agreement.
Article 1 0
Technical
barriers to trade
1. The
rights and obligations of the Parties relating to standards or technical
regulations
and related measures shall be governed by the WTO Agreement on Technical
Barriers to
Trade.
2. The
Parties shall co-operate and exchange information in the field o f
standardization,
metrology, conformity assessment and accreditation with the aim of
reducing
technical barriers to trade.
3. Each
Party, upon request of the other Party, shall provide information on
particular
individual cases of standards, technical regulations or related measures.
4. To
eliminate technical barriers and effectively implement this Agreement, the
Parties
can, on the basis hereof, conclude an agreement for mutual recognition of test
reports,
certificates of conformity and other documents, directly or indirectly, related
t o
conformity
assessment of products which are the subject of the goods exchanged
between
Parties, on the basis of regulations in force in the importing State.
CHAPTER II
Agricultural
Products Processed Agricultural Products and Fishery Products
Article 1 1
Scope
1. The
provisions of this Chapter shall apply to agricultural, processed agricultural
and fishery
products originating in the Parties.
2. For the
purpose of this Agreement the term "agricultural products" means
products
falling within Chapters 1 to 24 of the Harmonized Commodity Description and
Coding
System, including the products listed in Annex I.
Article 1 2
Exchange of
concessions
1. The
Parties declare their readiness to foster, in so far as their agricultural
policies
allow, the
harmonious development of trade in agricultural products, and to discuss this
issue
periodically within the Joint Committee.
2. In
pursuance of this objective, the Parties grant each other the concessions
specified
in Protocol A, providing for measures to facilitate trade in agricultural
products,
in
accordance with provisions of this Chapter and those laid down in this
Protocol.
3. Taking
account of :
- the role
of agriculture in their economies,
- the
development of trade in agricultural products between the Parties,
- the
particular sensitivity of the agricultural products,
- the rules
of their agricultural policies,
- the
consequences of the multilateral trade negotiations under the GATT and of
the WTO,
the Parties
shall examine the possibilities of granting each other further concessions.
Article 1 3
Concessions
and agricultural policies
1. Without
prejudice to the concessions granted under Article 12, the provisions o f
this
Chapter shall not restrict in any way the pursuance of the respective
agricultural
policies of
the Parties or application of any measures under such policies, including the
implementation
of the provisions of the Agreement on Agriculture negotiated under the
auspices of
the GATT 1994 and the Agreement Establishing WTO.
2. The
Parties shall notify to the Joint Committee changes in their respective
agricultural
policies pursued or measures applied which may affect the conditions of
agricultural
trade among them as provided for in this Agreement. On the request of a
Party prompt
consultations within the Joint Committee shall be held to examine the
situation.
Article 1 4
Specific
safeguards
Notwithstanding
other provisions of this Agreement and, in particular, Article 21, if,
given the
particular sensitivity of the agricultural products, imports of products
originating
in a Party, which are subject to concessions granted under this Agreement,
cause
serious disturbances to the markets of the other Party, the Party concerned
shall
immediately
enter into consultations to find an appropriate solution. Pending such
solution,
the Party concerned may take measures it deems necessary.
Article 1 5
Sanitary
and phytosanitary measures
1. The
Parties shall apply their regulations in veterinary, plant health and health
matters in
a non-discriminatory fashion and shall not introduce any new measures that
have the
effect of unduly obstructing trade.
2. The
veterinary-sanitary measures and the work of the veterinary services will be
in
accordance with the Office International des Epizoodies Codex and other
international
conventions
in this field.
3. The
phytosanitary measures and the work of the plant protection services will be
in
accordance with the International Plant Protection Convention.
CHAPTER III
General
Provisions
Article 1 6
Right of
establishment and supply of services
1. The
Parties shall seek to widen the scope of this Agreement to cover the right o f
establishment
of firms of one of the Parties in the territory of the other Party and the
liberalization
of the provision of services by one Party's firms to consumers of services in
the other.
2. The
Parties will discuss this cooperation in the Joint Committee with the aim of
developing
and deepening their relations under this Article.
Article 1 7
Internal
taxation
1. The
Parties shall refrain from any measure or practice of an internal fiscal nature
establishing
whether directly or indirectly, discrimination between the like products
originating
in the Parties.
2. Products
exported to one of the Parties may not benefit from repayment of
internal
taxes in excess of the amount of direct or indirect taxes imposed on them.
Article 1 8
Customs
unions, free-trade areas and frontier trade
1. This
Agreement shall not prevent the maintenance or establishment of customs
unions,
free-trade areas or arrangements for frontier trade to the extent that these do
not
negatively affect the trade regime of the Parties and in particular the
provisions
concerning
rules of origin provided for in this Agreement.
2. Upon
request, consultations between the Parties shall take place within the Joint
Committee,
in order the Parties to inform each other about any agreement establishing
such
customs union or free-trade area.
Article 1 9
Structural
adjustment
1.
Exceptional measures of limited duration which derogate from the provisions o f
Article 4
may be taken by any of the Parties in the form of increased customs duties.
2. These
measures may only concern infant industries, or certain sectors
undergoing
restructuring or facing serious difficulties, particularly where these
difficulties
produce
important social problems.
3. Customs
duties on imports applicable in the Party concerned to products
originating
in the other Party introduced by these measures may not exceed 25 per cent
ad valorem
and shall maintain an element of preference for products originating in the
other
Party. The total value of imports of the product which are subject to these
measures
may not exceed 15 per cent of total imports of industrial products from the
other Party
as defined in Chapter I, during the last year for which statistics are
available.
4. These
measures shall be applied for a period not exceeding four years unless a
longer
duration is authorized by the Joint Committee. They shall cease to apply at the
latest at
the expiration of the transition period.
5. No such
measures can be introduced in respect of a product if more than three
years have
elapsed since the elimination of all duties and quantitative restrictions or
charges or
measures having an equivalent effect concerning the product.
6. The
Party concerned shall inform the Joint Committee of any exceptional
measures it
intends to take and, at the request of the other Party, consultations shall be
held within
the Joint Committee on such measures and the sectors to which they apply
before they
are applied. When taking such measures the Party concerned shall provide
the Joint
Committee with a schedule for the elimination of the customs duties
introduced
under this Article. This schedule shall provide for a phasing out of these
duties
starting at the latest two years after their introduction, at equal annual
rates. The
Joint
Committee may decide on a different schedule.
Article 2 0
Dumping
If a Party
finds that dumping, within the meaning of Article VI of the GATT 1994 is
taking
place in trade relations governed by this Agreement, it may take appropriate
measures
against that practice in accordance with Article VI of the GATT 1994 and the
Agreement
on Implementation of Article VI of the GATT 1994, and in accordance with
the
procedures laid down in Article 24.
Article 2 1
Emergency
action on import of particular products
Where any
product is being imported in such increased quantities and under such
conditions
as to cause, or threaten to cause:
(a) serious
injury to domestic producers of like or directly competitive products in
the
territory of the importing Party, or
(b) serious
disturbances in any related sector of the economy or difficulties which
could bring
about serious deterioration in the economic situation of a region,
the Party
concerned may take appropriate measures under the conditions and in
accordance
with the procedures laid down in Article 24.
Article 2 2
Re-export
and serious shortage
1. Where
compliance with the provisions of Article 7 and 8 leads to:
(a)
re-export towards a third country against which the exporting Party maintains
for
the product
concerned quantitative export restrictions, export duties or measures or
charges
having equivalent effect; or
(b) a
serious shortage, or threat thereof, of a product essential to the exporting
Party;
and where
the situations referred to above give rise or are likely to give rise to major
difficulties
for the exporting Party, that Party may take appropriate measures under the
conditions
and in accordance with the procedures laid down in Article 24.
2. Measures
taken as a result of the situation referred to in paragraph 1 shall be
applied in
a non-discriminatory manner and be eliminated when conditions no longer
justify
their maintenance.
Article 2 3
State
monopolies
The Parties
shall adjust progressively any State monopoly of a commercial character so
as to
ensure that by the end of the year following the entry into force of this
Agreement,
no discrimination regarding the conditions under which goods are procured
and
marketed exists between nationals of the Parties. The Joint Committee shall be
informed
about the measures adopted to implement this objective.
Article 2 4
Procedure
for the application of safeguard measures
1. Before
initiating the procedure for the application of safeguard measures set out
in the
following paragraphs of the present Article, the Parties shall endeavour to
solve
any
differences between them through direct consultations.
2. If a
Party subjects imports of products liable to give rise to the situation
referred
to in
Article 21 to an administrative procedure, the purpose of which is the rapid
provision
of information on the trend of trade flows, it shall inform the other Party.
3. Without
prejudice to paragraph 7 of the present Article, a Party which considers
resorting
to safeguard measures shall promptly notify the other Party thereof and supply
all
relevant information. Consultations between the Parties shall take place
without delay
in the
Joint Committee with a view to finding a mutually acceptable solution.
4. (a) As
regards Articles 20, 21 and 22 the Joint Committee shall examine the
case or the
situation and may take any decision needed to put an end to the difficulties
notified by
the Party concerned. In the case of the absence of such decision within thirty
days of the
matter being referred to the Joint Committee, the Party concerned may
adopt the
measures necessary in order to remedy the situation and shall notify to the
other Party
the measures taken.
(b) As
regards Article 36, the Party concerned may take appropriate measures after
the
consultations have been concluded or after a period of three months has elapsed
from the
date of first notification to the other Party.
(c) As
regards Articles 28 and 29, the Party concerned shall give the Joint
Committee
all the assistance required in order to examine the case and, where
appropriate,
eliminate the practice objected to. If the other Party fails to put an end t o
the
practice objected to within the period fixed by the Joint Committee or if the
Joint
Committee
fails to reach an agreement within thirty working days, of the matter being
referred to
it, the Party concerned may adopt the appropriate measures to deal with the
difficulties
resulting from the practice in question.
5. The
safeguard measures taken shall be notified immediately to the Joint
Committee.
They shall be limited, with regard to their extent and to their duration, t o
what is
strictly necessary in order to rectify the situation giving rise to their
application
and shall
not be in excess of the injury caused by the practice or the difficulty in
question.
Priority shall be given to such measures as will least disturb the functioning
o f
this
Agreement.
6. The
safeguard measures taken shall be the subject of periodic consultations with
a view to their
relaxation or abolition as soon as possible, when conditions no longer
justify
their maintenance.
7. Where
exceptional circumstances requiring immediate action make prior
examination
impossible, the Party concerned may, in the case of Articles 20, 21 and 2 2
apply
forthwith the provisional measures strictly necessary to remedy the situation.
The
measures
shall be notified without delay and consultations between the Parties shall
take place
as soon as possible in the Joint Committee.
Article 2 5
Rules of
origin and co-operation in customs administration
1. Protocol
B lays down the rules of origin and related methods of administrative
co-operation.
2. The
Parties to this Agreement shall take appropriate measures, including regular
reviews by
the Joint Committee and arrangements for administrative co-operation, t o
ensure that
the provisions of Protocol B and Articles 3 to 9, 13, 17 and 19 of the
Agreement
are effectively and harmoniously applied, and to reduce as far as possible the
formalities
imposed on trade, and to achieve mutually satisfactory for both Parties
solutions
to any difficulties arising from the operation of those provisions.
Article 2 6
General
exceptions
This Agreement
shall not preclude prohibitions or restrictions on imports, exports or
goods in
transit justified on grounds of public morality, public policy or public
security;
the
protection of health and life of humans, animals or plants and environment; the
protection
of national treasures possessing artistic, historic or archaeological value;
the
protection
of intellectual property; or rules relating to gold or silver or the
conservation
of
exhaustible natural resources, if such measures are made effective in
conjunction with
restrictions
on domestic production or consumption. Such prohibitions or restrictions
shall not,
however, constitute a means of arbitrary discrimination or a disguised
restriction
on trade between the Parties.
Article 2 7
Payments
1. Payments
in freely convertible currencies relating to commercial transactions,
other than
those existing in the current legislation of the Parties, within framework of
this
Agreement between the Parties and the transfer of such payments to the
territory
of the
Party where the creditor resides shall be free from any restrictions.
2. The
Parties shall refrain from any exchange or administrative restrictions other
than those
existing in the current legislation of the Parties, on the grant, repayment or
acceptance
of short and medium term credits covering commercial transactions within
the
framework of this Agreement in which their resident participates.
3.
Notwithstanding the provisions of paragraph 2, any measures concerning current
payments
connected with the movement of goods shall be in conformity with the
conditions
laid down under the Articles of the Agreement of the International Monetary
Fund (IMF),
with respect to Turkey, and the IMF Agreement, with respect to Bulgaria.
Article 2 8
Rules of
competition concerning undertakings
1. The
following are incompatible with the proper functioning of this Agreement, in
so far as
they may affect trade between the Parties:
(a) all
agreements between undertakings, decisions by associations of undertakings
and concerted
practices between undertakings which have as their object or effect the
prevention,
restriction or distortion of competition;
(b) abuse
by one or more undertakings of a dominant position in the territories o f
the Parties
as a whole or in a substantial part thereof.
2. The
provisions of paragraph 1 shall apply to the activities of all undertakings
including
public undertakings and undertakings to which the Parties grant special or
exclusive
rights. Undertakings entrusted with the operation of services of general
economic
interest or having the character of a revenue-producing monopoly, shall be
subject to
provisions of paragraph 1 in so far as the application of these provisions does
not
obstruct the performance, in law or in fact, of the particular public tasks
assigned t o
them.
3. With
regard to products referred to in Chapter II the provisions stipulated in
paragraph
1(a) shall not apply to such agreements, decisions and practices which form
an integral
part of a national market organization.
4. If a
Party considers that a given practice is incompatible with paragraphs 1, 2 and
3 of this
Article and if such practice causes or threatens to cause serious prejudice t o
the
interest of that Party or material injury to its domestic industry, the Party
concerned
may take
appropriate measures under the conditions and in accordance with the
procedure
laid down in Article 24.
Article 2 9
State aid
1. Any aid
granted by a State being a Party to this Agreement or through State
resources
in any form whatsoever which distorts or threatens to distort competition by
favoring
certain undertakings or the production of certain goods shall, in so far as it
may
affect
trade between the Parties, be incompatible with the proper functioning of this
Agreement.
2. The provisions
of paragraph 1 shall not apply to products referred to in Chapter
II.
3. The
Parties shall ensure transparency in the area of state aid measures, inter alia
by
reporting annually to the Joint Committee on the total amount and the
distribution of
the aid
given and by providing to the other Party, upon request, information on aid
schemes and
on particular individual cases of state aid.
4. If a
Party considers that a particular practice:
(a) is
incompatible with the terms of paragraph 1, or
(b) causes
or threatens to cause serious prejudice to the interest of that Party or
material
injury to its domestic industry,
it may take
appropriate measures under the conditions and in accordance with the
provisions
laid down in Article 24. Such appropriate measures may only be taken in
conformity
with the procedures and under the conditions laid down by the GATT 1994
and by the
Agreement Establishing the WTO and any other relevant instruments
negotiated
under their auspices which are applicable between the Parties.
Article 3 0
Balance of
payments difficulties
Where one
of the Parties is in serious balance of payment difficulties, or under imminent
threat
thereof, the Party concerned may in accordance with the conditions established
under the
GATT 1994, under the Articles of the Agreement of the International
Monetary
Fund, with respect to Turkey, and the IMF Agreement, with respect t o
Bulgaria,
adopt restrictive measures, including measures related to imports, which shall
be of limited
duration and may not go beyond what is necessary to remedy the balance
of payments
situation. The measures shall be progressively relaxed as balance of
payments
conditions improve and they shall be eliminated when conditions no longer
justify
their maintenance. The Party shall inform the other Party forthwith of their
introduction
and, whenever practicable a time schedule of their removal.
Article 3 1
Protection
of intellectual property
1. The
Parties shall grant and ensure protection of intellectual property rights on a
non-discriminatory
basis, including measures for the grant and enforcement of such
rights.
Parties confirm their will to respect obligations arising from the WTO
Agreement
on
Trade-Related Aspects of Intellectual Property Rights, constituting Annex 1C to
the
Marrakesh
Agreement establishing the WTO, as well as other conventions on intellectual
property
protection, which are signed by both Parties, and listed in Annex IV.
2. For the
purpose of this Agreement the term "intellectual property" refer to
all
categories
of intellectual property such as: copyright, neighbouring rights, inventor's
rights,
trademarks and decorative patterns, geographical indications, topographies of
integrated
circuits, industrial designs, utility models, patents, undisclosed information
including
know-how, new varieties of plants, as well as prevention of unfair competition.
3. The
Parties to this Agreement shall take all necessary measures to enforce these
rights
against infringement, and particularly against counterfeiting and piracy.
4. In
fulfilment of their commitments under international agreements and legislation
in the
field of intellectual property rights, the Parties to this Agreement shall not
grant
to
nationals of the state of the other Party treatment less favorable than that
accorded
to
nationals of any third State.
5. The
Parties shall co-operate in matters of intellectual property. Upon request of a
Party, they
shall hold consultations of experts on these matters, in particular with
respect to
activities, relating to the existing or to future international conventions on
the
harmonization, administration and vindication of intellectual property rights,
and on
activities
in international organizations, such as the WTO, World Intellectual Property
Organization,
as well as concerning the relations of the Parties with third countries with
respect to
the intellectual property matters.
Article 3 2
Public
procurement
1. The
Parties consider the liberalization of their respective public procurement
markets an
objective of this Agreement.
2. The
Joint Committee shall review progress in this area annually.
Article 3 3
The Joint
Committee
1. A Joint
Committee is hereby established in which each Party shall be
represented.
2. The
Joint Committee shall be responsible for the administration of this
Agreement
and shall ensure its proper implementation .
3. For the
purpose of the proper implementation of this Agreement, the Parties
shall
exchange information and, at the request of any Party, shall hold consultations
within the
Joint Committee. The Committee shall keep under review the possibility of
further
removal of the obstacles to trade between the Parties.
4. The
Joint Committee may, in accordance with the provisions of paragraph 3 of
Article 34,
take decisions in the cases provided for in this Agreement. On other matters
the
Committee may make recommendations.
Article 3 4
Procedures
of the Joint Committee
1. For the
proper implementation of this Agreement, the Joint Committee shall
meet
whenever necessary but at least once a year. Each Party may request that a
meeting be
held.
2. The
Joint Committee shall act by common agreement.
3. If a
representative in the Joint Committee of a Party to this Agreement has
accepted a
decision subject to the fulfilment of internal legal requirements, the decision
shall enter
into force, if no later date is contained therein, on the day the lifting of
the
reservation
is notified.
4. For the
purpose of this Agreement the Joint Committee shall adopt its rules o f
procedure
which shall, inter alia, contain provisions for convening meetings and for the
designation
of the Chairman and his/her term of office.
5. The
Joint Committee may decide to set up such sub-committees and working
parties as
it considers necessary to assist it in accomplishing its tasks.
Article 3 5
Security
exceptions
Nothing in
this Agreement shall prevent a Party from taking any measures which i t
considers
necessary:
(a) to
prevent the disclosure of information contrary to its essential security
interests;
(b) for the
protection of its essential security interests or for the implementation of
international
obligations or national policies,
(i)
relating to the traffic in arms, ammunition and implements of war, provided
that
such
measures do not impair the conditions of competition in respect of products not
intended
for specifically military purposes, and to such traffic in other goods,
materials
and
services as is carried on directly or indirectly for the purpose of supplying a
military
establishment;
or
(ii)
relating to the non-proliferation of biological and chemical weapons, nuclear
weapons or
other nuclear explosive devices; or
(iii) taken
in time of war or other serious international tension .
Article 3 6
Fulfilment
of obligations
1. The
Parties shall take all necessary measures required to fulfill their obligations
under this
Agreement. They shall ensure that the objectives set out in the Agreement
are
achieved.
2. If a
Party considers that the other Party has failed to fulfill an obligation under
this
Agreement, the Party concerned may take the appropriate measures under the
conditions
and in accordance with the procedure laid down in Article 24.
Article 3 7
Evolutionary
clause
1. Where a
Party considers that it would be useful in the interest of the economies
of the
Parties to develop and deepen the relations established by this Agreement by
extending
them to fields not covered thereby, it shall submit a reasoned request to the
other
Party. The Parties may instruct the Joint Committee to examine such a request
and, where
appropriate, to make recommendations, particularly with a view to opening
negotiations.
2.
Agreements resulting from the procedure referred to in paragraph 1 will be
subject to
ratification or approval by the Parties in accordance with their own
procedures.
Article 3 8
Amendments
Amendments
to this Agreement other than those decided upon in accordance with
paragraph 3
of Article 34, and which are approved by the Joint Committee, shall be
submitted
to the Parties for acceptance in accordance with the requirements of their
respective
legislation and shall enter into force on the date of receipt of the latter
diplomatic
note confirming that all procedures required by the national legislation of
each Party
for entry into force of the amendments have been completed .
Article 3 9
Protocols
and annexes
Annexes and
Protocols to this Agreement are an integral part of it. The Joint Committee
may decide
to amend Annexes and the Protocols.
Article 4 0
Validity
and withdrawal
This
Agreement is concluded for an unlimited period. Each Party to this Agreement
may
withdraw
therefrom, by means of a written notification to the other Party. The
termination
shall take effect on the first day of the sixth month following the date on
which the
notification was received by the other Party.
Article 4 1
Entry into
force
1. This
Agreement shall enter into force on the first day of the month following the
date when
the Parties have notified each other that respective internal requirements for
the entry
into force of this Agreement have been fulfilled.
2. This
Agreement shall be applied provisionally from the first day of the first month
following
the date of notification by the Republic of Turkey that its internal
requirements
for the
entry into force of this Agreement have been fulfilled.
IN WITNESS
WHEREOF the undersigned plenipotentiaries, being duly authorized thereto,
have signed
the present Agreement.
Done at
Sofia, this 11th day of July 1 998 in two originals in English language, both
text
being
equally authentic.
For the
Republic of Turkey For the Republic of Bulgaria
