Legal provisions of JOIN(2015)24 - Signing and provisional application of the Enhanced partnership agreement with Kazakhstan

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Article 1

1. The signing on behalf of the Union of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.

2. The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 3

1. Pending its entry into force, in accordance with Article 281 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and the Republic of Kazakhstan, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:

(a)Title I;

(b)Title II: Articles 4, 5, 9 and 10;

(c)Title III (with the exception of Articles 56 and 58, Article 62 to the extent that it concerns criminal enforcement of intellectual property rights, and Article 147).

The provisional application of Article 141 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 United Nations Convention on the Law of the Sea.

(d)Title IV: Chapters 5, 6 and 7 (with the exception of point (c) of Article 210 and points (b), (f), (g), (h) and (i) of Article 212), and Chapters 12 and 15;

(e)Title V: Article 235 and Article 238 (with the exception of paragraphs 2 and 3);

(f)Title VI: Chapters 5 and 9;

(g)Title VII;

(h)Title VIII (to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement);

(i)Title IX (with the exception of Article 281(7), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement in accordance with this Article);

(j)Annexes I to VII as well as Protocol on Mutual Administrative Assistance in Customs Matters.

2. The date from which the Agreement is to be provisionally applied shall be published in the Official Journal of the European Union by the General Secretariat of the Council.

Article 4

This Decision shall enter into force on the day following that of its adoption.