L 29/28
EN
Official Journal of the European Union
4.2.2016
8.
The Parties shall make available to international maritime transport suppliers of the other Party on reasonable and
non-discriminatory terms and conditions the following services at port: pilotage, towing and tug assistance,
provisioning, fuelling and watering, garbage collecting and ballast water disposal, port captain's services, navigation aids,
shore-based operational services essential to ship operations, including communications, water and electricity supplies,
emergency repair facilities, anchorage, berth and berthing services.
9.
If the Republic of Kazakhstan grants more favourable treatment for maritime transport to any other WTO
member, except for coastal states of the Caspian Sea and for CIS countries, those terms shall be applied to the natural
and juridical persons of the European Union.
Article 54 bis
Road, rail, inland waterways and air transport
With a view to ensuring coordinated development of transport between the Parties adapted to their reciprocal
commercial needs, the conditions of mutual market access in road, rail and inland waterways and, if applicable, in air
transport may be dealt with by potential specific agreements negotiated between the Parties after the entry into force of
this Agreement.
S ecti on 6
E xcep ti ons
Article 55
General exceptions
1.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of
arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on
establishment, including operations, or the cross-border supply of services, nothing in this Chapter shall be construed as
preventing the adoption or enforcement by any Party of measures:
(a) necessary to protect public security or public morals or to maintain public order (1);
(b) necessary to protect human, animal or plant life or health;
(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with
restrictions on domestic investors or on the domestic supply or consumption of services;
(d) necessary for the protection of national treasures of artistic, historic or archaeological value;
(e) necessary to secure compliance with laws or regulations which are not inconsistent with this Title, including those
relating to:
(i)
the prevention of deceptive and fraudulent practices, or those necessary to deal with the effects of a default on
contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and
the protection of confidentiality of individual records and accounts;
(iii) safety;
(1) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental
interests of society.
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