Art.º 12 · Decreto n.º 17/2006 — Entrada em vigor

1 -O presente Acordo entrará em vigor 30 dias após a data de recepção da segunda notificação, por via diplomática, de que foram cumpridos os requisitos de direito interno das Partes necessários para o efeito.
2 -Com a entrada em vigor do presente Acordo, cessa a vigência do Acordo de Cooperação Económica, Industrial e Técnica, assinado em Pequim em 4 de Outubro de 1982.
Feito em Pequim aos 12 de Janeiro de 2005, em dois originais, nas línguas portuguesa, chinesa e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação, a versão inglesa prevalecerá.
Pelo Governo da República Portuguesa:
(ver documento original)
Pelo Governo da República Popular da China:
(ver documento original)
(ver texto em língua estrangeira no documento original)
AGREEMENT BETWEEN THE GOVERNMENT OF THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON ECONOMIC COOPERATION.
The Government of the Portuguese Republic and the Government of the People's Republic of China, hereinafter referred as Parties;
Bearing in mind the 1985 Trade and Economic Cooperation Agreement between the European Economic Community and the People's Republic of China;
Taking into account both national legislations and the international obligations assumed by the Parties, namely in the context of the World Trade Organization (WTO), of which both are members;
Considering that the Agreement on Economic, Industrial and Technical Cooperation, signed in Beijing on October 1982, is outdated given the current reality of economic relations between the two countries;
With a view to intensifying and diversifying their bilateral relations, and actively develop economic cooperation on the basis of equality and mutual advantage:
Agree as follows:
Article 1
Cooperation objectives
1 -The Parties shall promote economic cooperation between the two countries, aiming at intensifying and diversifying their bilateral relations.
2 -The Parties shall define, by mutual agreement, the areas and sectors in which bilateral cooperation would present better prospects of sustained development of economic relations between the two countries.
Article 2
Conformity with multilateral conventions
No provision of the present Agreement shall affect international rights and obligations of the Parties assumed in the context of international multilateral agreements, of their participation in international organizations, or under european communities' law.
Article 3
Intellectual property
The Parties shall ensure and reinforce, within their domestic law and their international obligations, the intellectual property rights in all areas and sectors subject to bilateral cooperation in the context of the present Agreement.
Article 4
Cooperation mechanisms
Without prejudice to other beneficial measures for the development and diversification of bilateral cooperation, and with a view to reinforcing trade and investment flows in both ways and cooperation in third countries, the Parties agree to:
1. a)Institutionalise a permanent channel for consultation on economic subjects of mutual interest between public administration entities, through the establishment of focal points in the departments of both governments in charge of bilateral economic relations and cooperation;
2. b)Incentive the development of regulatory cooperation in areas/sectors of mutual interest, as a complement of activities carried out under the framework of China and European Union bilateral relations;
3. c)Encourage the intensification of reciprocal contacts and business initiatives, such as business Missions, fairs and products exhibitions, image promotion actions, as well as to provide necessary support to the organization of such events in both countries;
4. d)Support the reinforcement of cooperation between enterprises, especially small and medium enterprises (SMEs), and business associations, including the creation of a Portugal-China Business Council, namely with the objective to provide a better mutual knowledge of existing business realities and the timely diffusion of business opportunities, including exchange of information on relevant international procurement to be launched in both countries;
5. e)Develop joint efforts in order to undertake economic training programmes to high representatives of Public Administration and business sector, aiming at guaranteeing an improved knowledge of both countries economic realities, and the potentialities offered in this regard.
  Article 5
  Financial incentives
  The Parties, through bilateral consultations and in conformity with the legislation in force in their respective territory, will work to establish a coherent and integrated set of financial instruments, thereby contributing to the goal of reinforcement of trade and investment operations in both ways.
  Article 6
  Establishment facilitation
  The Parties shall facilitate, in accordance with their domestic existing legislation, the establishment of structures and representation offices in each territory, at business level, with a view to the promotion of economic activities between the two countries.
  Article 7
  Tourism cooperation
  The Parties will endeavour their best efforts, through the governmental entities directly in charge, to explore and take full advantage of the Approved Destination Status (ADS) agreement between China and the EU, in terms of increasing bilateral tourism flows in both ways.
  Article 8
  Consultation
  Whenever problems occur in bilateral economic cooperation, the Parties should resort to satisfactory solutions through friendly consultations, namely in the context of the Joint Economic Committee, in the spirit of jointly promoting the development of economic relations.
  Article 9
  Joint Economic Committee
1 -A Joint Economic Committee is established, comprising government representatives from both countries in charge of bilateral economic relations and cooperation.
2 -The Joint Committee will meet, if possible, once a year by mutual agreement, alternately in China and Portugal, with date and venue to be agreed by diplomatic channels.
3 -Among other issues, the Joint Economic Committee shall monitor and be responsible for the adequate implementation of the present Agreement, namely through the identification of the most relevant areas of cooperation and the approval of proposals to the reinforcement of economic cooperation, and contribute to the detection and resolution of eventual problems resulting from its implementation.
4 -If necessary, the Joint Economic Committee may establish working groups to deal with specific subjects.
5 -The Joint Economic Committee shall approve its own rules of procedure.
Article 10
Revision
1 -The present Agreement can be amended by mutual consent at the request of each of the Parties.
2 -The agreed modifications shall enter into force in accordance with the procedure established in article 12.
Article 11
Validity and denunciation
The present Agreement shall be in force for an initial period of five years, automatically renewed for successive periods of one year, unless one Party notifies the other Party of its denunciation of the Agreement through diplomatic channels, at least six months in advance the date of expiry.
Article 12
Entry into force
1 -The present Agreement shall enter into force 30 days after the reception date of the second notification, through diplomatic channels, confirming the completion of all necessary domestic law procedures to that end.
2 -On the date of the entry into force of the present Agreement, the Agreement on Economic, Industrial and Technical Cooperation, signed in Beijing on October 1982, shall cease its application.
Done in Beijing on the 12th of January of 2005, in two originals, each containing the Chinese, Portuguese and English versions, all texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.
For the Government of the Portuguese Republic:
(ver documento original)
For the Government of the People's Republic of China:
(ver documento original)

Artigo 12.º — Entrada em vigor