2 – JOINT DECLARATION FOR COOPERATION IN THE FIELD OF INFORMATION TECHNOLOGY AND COMMUNICATIONS BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA
The Government of the Federative Republic of Brazil
The Government of the Republic of Bulgaria (hereinafter referred to as the “Parties”),
Recognizing that the membership of the Republic of Bulgaria in the European Union and the obligations stemming therefrom, require further improvement and elaboration of the contractual and legal basis of the economic relations between the Parties;
Wishing to develop the economic relations between them;
Expressing their readiness to cooperate in finding the ways and means to strengthen and develop the bilateral economic cooperation, based on mutual benefit;
Considering the rights and obligations derived from the Accession Agreement between the European Communities and their Member States and the Republic of Bulgaria, signed on April 25, 2005;
Believing that the Republic of Bulgaria’s accession to the European Union will give new opportunities for expanding the bilateral economic cooperation; and
Convinced that this Agreement will contribute to the development of the economic relations between them in the new reality and in particular to the enhancement of trade, economic, technical and technological cooperation, based on mutual benefit,
Have agreed as follows:
The Parties shall contribute for developing and expanding their bilateral economic cooperation, based on mutual benefit.
The Parties shall make efforts to develop their bilateral economic cooperation on a wide basis, in particular in the areas specified in Annex 1 to this Agreement.
The Parties shall develop and expand their bilateral economic cooperation through the implementation of the measures specified in Annex 2 to this Agreement.
The Parties shall set up a Bulgarian-Brazilian Intergovernmental Commission on Economic Cooperation with tasks and rules of procedure specified in Annex 3 to this Agreement.
1. This Agreement shall not prejudice rights and obligations of the Parties stemming from other international agreements, which they are part of, or from the membership in the European Union, in the case of the Republic of Bulgaria, or in international organizations.
2. The provisions of the Interregional Framework Cooperation Agreement between the European Community and its Member States and the Southern Common Market and its Party States, signed at Madrid on 15 December 1995 and the Framework Agreement on Cooperation between the Federative Republic of Brazil and the European Economic Community, signed at Brasilia on 29 June 1992, shall prevail regarding matters covered and regulated also by the present Agreement.
Any dispute related to the interpretation or implementation of this Agreement shall be settled by direct consultations between the Parties, through diplomatic channels.
This Agreement may be modified by mutual consent between the Parties, through diplomatic channels. Amendments shall enter into force in accordance with Article 9.
Annexes and protocols to this Agreement shall be an integral part hereof.
1. This Agreement shall enter into force on the date of the last written notification by which one Party informs the other, through diplomatic channels, that the national legal requirements for the entry into force have been fulfilled.
2. This Agreement shall remain in force indefinitely.
3. Upon entry into force of this Agreement, the Agreement on Trade and Economic Cooperation between the Government of the Republic of Bulgaria and the Government of the Federative Republic of Brazil signed in Brasilia on September 13, 1993 shall be terminated.
4. Either Party may, at any time, notify the other in writing and through diplomatic channels of its intention to terminate this Agreement. The termination shall be effective ninety (90) days after the date of the notification.
Done in Sofia on October 5, 2011, in duplicate, in the Portuguese, Bulgarian, and English languages, all texts being equally authentic. In case of divergence of interpretation of this Agreement, the English text shall prevail.
ANNEX Nº 1
Areas of Economic Cooperation
1. Industry, inter alia:
d) electronics and electric machine-building;
e) chemical and oil-refining;
f) pharmaceutical and cosmetic;
g) light industry;
h) other industrial sectors of mutual interest.
2. Agriculture, inter alia:
a) crop production and stock-breeding;
b) food industry.
4. Military economic cooperation.
5. Energy sector.
6. Research and development.
7. Construction and building industry.
8. Telecommunications, computing and informatics.
9. Transport and logistics.
10. Environment protection.
12. Investment promotion.
13. Small and medium enterprises cooperation.
15. Health care.
16. Science and technology.
ANNEX Nº 2
Measures Expanding and Intensifying the Economic Cooperation
1. Strengthen the economic cooperation of the government institutions, professional organizations and business circles, chambers and associations, regional and local bodies, including exchange of economic information of mutual interest, as well as mutual visits of representatives of the institutions and the business of both Parties.
2. Provide incentives for the establishment of new business contacts and the enhancement of existing ones, as well as the visit of private persons and entrepreneurs.
3. Exchange business information, participation in international fairs and exhibitions, providing assistance for the organization of events for business representatives, seminars, conferences, symposiums.
4. Contribute to an enhanced role of the small and medium-sized business in the bilateral economic relations.
5. Cooperate in the field of marketing, consulting and expert services in the areas of mutual interest.
6. Develop closer relations and cooperation of financial and banking institutions.
7. Provide assistance for the development of bilateral investment activity.
8. Provide assistance for the opening of representations and branches of companies of both Parties.
9. Promote international cooperation.
10. Enhance the cooperation on third countries’ markets.
11. Exchange information on programs and projects, encouraging the involvement of entrepreneurs in their implementation.
ANNEX Nº 3
Tasks, structure and rules of procedure of the Bulgarian-Brazilian
Intergovernmental Commission on Economic Cooperation
1. The tasks of the Bulgarian-Brazilian Intergovernmental Commission on Economic Cooperation (hereinafter referred to as the “Commission”) include:
a) discussing bilateral economic relations development issues;
b) identifying new development opportunities for the bilateral economic relations;
c) developing proposals for improving the environment for economic cooperation of the organizations of both Parties;
d) submitting proposals on the implementation of this Agreement.
2. The Commission shall comprise representatives of the Bulgarian side and the Brazilian side.
3. Each Party shall designate a chairperson on its part, (hereinafter referred to as “Co-chair”). Each Co-chair shall designate a secretary for the respective part of the Commission.
4. For the discussion of particular issues, the Commission may decide to set up working groups, specifying their tasks and the time limits for implementation of the tasks.
5. The Commission shall meet as often as both parties deem necessary by mutual agreement.
6. The Co-chairs shall agree on the calling and the agenda of the respective meeting of the Commission not later than one month in advance.
7. Matters which have not been explicitly placed on the preliminary agenda may be discussed at the meetings of the Commission by an agreement of the Co-chairs.
8. An extraordinary meeting of the Commission or of its Co-chairs may be convened on a proposal by any of the Co-chairs.
9. Advisors and experts may be invited at the meetings of the Commission.
10. English shall be the working language of the Commission, without prejudice of the negotiation of eventual commitments in Bulgarian and Portuguese.
11. Minutes drawn up in English shall be taken of every meeting and of the discussions held thereat.
12. In the period between meetings the Co-chairs of the Commission, or the secretaries on a direction by the Co-chairs, shall discuss on an operational basis issues concerning the work of the Commission.
The Government of the Federative Republic of Brazil
The Government of the Republic of Bulgaria,
Desiring to develop the bilateral relations between the Federative Republic of Brazil and the Republic of Bulgaria;
Recognising that effective relations in the field of information technology and communications (ITC) are an important factor for promoting those relations, as well as for the economic and social development and welfare of the people of both countries;
Emphasising the common interest in establishing closer co-operation in the field of ITC based on advantageous and equitable conditions and on the traditionally good relations,
Declare their common wish and intention to collaborate in:
1) Exchange of information, experiences and best practices on Information Technology and Communication issues, including specific areas such as e-Government;
2) Promotion of the latest achievements in the global information and communication technologies;
3) Exchange of information on Information Security policy and practices;
4) Promotion of the digital inclusion, as well as supporting initiatives aimed at exchange of information on good practices in capacity-building and training in ITC use, in their respective environments, in particular at technical and policy levels to promote the use and development of strategic technologies in Public Administrations and e-Government initiatives;
5) Promotion of direct collaboration between the ITC businesses of both countries through exchange of information regarding the organization of business fora, conferences and other events of mutual business interest;
6) Promotion of academic cooperation between both countries in the field of Information Technology and Communications.
The establishment of legal relations between parties to this Declaration may require the signature of a bilateral Agreement in accordance with the appropriate national legal procedures in each country.
In order to implement and coordinate specific cooperation activities in the ITC area, the parties to this Declaration may establish a bilateral ITC Cooperation Committee.
Done at Sofia, on 5 October 2011, in two originals, each in the Portuguese, Bulgarian and English languages, all of them being equally valid. In case of divergence in interpretation the English text shall prevail.