L 29/18
EN
Official Journal of the European Union
4.2.2016
Article 38
Exchange of information and cooperation
1.
The Parties shall discuss and exchange information on existing SPS and animal welfare measures and on their
development and implementation. Such discussions and exchange of information shall, as appropriate, take into account
the SPS Agreement and the standards, guidelines or recommendations of the Codex, the OIE and the IPPC.
2.
The Parties agree to cooperate on animal and plant welfare through the exchange of information, expertise and
experience with the objective of building up capacity in this field. Such cooperation shall be specific to the needs of a
Party and be conducted with the aim of assisting each Party in complying with the other Party's legal framework.
3.
The Parties shall establish a timely dialogue on SPS issues upon request by either Party to consider matters relating
to SPS and other urgent issues covered by this Chapter. The Cooperation Committee may adopt rules for the conduct of
such dialogues.
4.
The Parties shall designate and regularly update the contact points for communication on matters covered by this
Chapter.
CHAPTER 5
Trade in services and establishment
Sec ti on 1
Ge ne r al p rovi sio ns
Article 39
Objective, scope and coverage
1.
The Parties, reaffirming their respective commitments under the WTO Agreement, hereby lay down the necessary
arrangements in view of improving reciprocal conditions for trade in services and establishment.
2.
Nothing in this Chapter shall be construed as imposing any obligation with respect to government procurement
subject to the provisions of Chapter 8 (Government Procurement) of this Title.
3.
The provisions of this Chapter shall not apply to subsidies granted by the Parties.
4.
Consistent with the provisions of this Agreement, each Party retains the right to regulate and to introduce new
regulations to meet legitimate policy objectives.
5.
This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of the
European Union or of the Republic of Kazakhstan, nor shall it apply to measures regarding citizenship, residence or
employment on a permanent basis.
6.
Nothing in this Chapter shall prevent the Parties from applying measures to regulate the entry of natural persons
into, or their temporary stay in, their territory, including those measures necessary to protect the integrity of, and to
ensure the orderly movement of natural persons across, their borders, provided that such measures are not applied in
such a manner as to nullify or impair the benefits accruing to any Party under the provisions of this Chapter (1).
7.
This Chapter does not apply to measures adopted or maintained by the Parties affecting trade in services and
establishment in the audiovisual sector.
(1) The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or
impairing benefits under this Agreement.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents