Proposal for a Decision of the Council and of the Commission on the conclusion of a Partnership and Cooperation Agreement between the European Community and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Tajikistan, of the other part
Date: 2004-07-26
Institutions: European Commission
Subjects: EAEC, Tajikistan, common commercial policy, cooperation agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.7.2004 
COM(2004) 521 final 

2004/0176 (AVC) 

Proposal for a 

DECISION OF THE COUNCIL AND OF THE COMMISSION 

on the conclusion of a Partnership and Cooperation Agreement between the European 
Community and the European Atomic Energy Community and their Member States, of 
the one part, and the Republic of Tajikistan, of the other part 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1.  Relations  between  Tajikistan  and  the  European  Communities  are  currently  governed  by 
the trade and cooperation agreement signed with the former Soviet Union on 18 December 
1989  (which  entered  into  force  on  1  April  1990),  as  endorsed  by  the  Republic  of 
Tajikistan  in  an  exchange  of  letters  on  4  February  1994.  The  Council  adopted  its 
negotiating  directives  on  5  October  1992,  amending  them  on  10  October  2003,  and  the 
Commission  formally  launched  the  negotiations  for  a  partnership  and  cooperation 
agreement  in  November  2003.  After  the  second  round  of  negotiations,  the  text  of  the 
agreement  was  initialled  by  the  negotiators  of  the  Commission  and  the  Government  of 
Tajikistan in Brussels on 16 December 2003. 

2.  The  proposed  Partnership  and  Cooperation  Agreement  will  help  consolidate  and 
strengthen the EU’s political and economic and trade presence in Tajikistan and Central 
Asia  in  general.  It  will  also  promote  economic  growth  and  support  sustainable 
development,  action  against  poverty  and  stability  in  Tajikistan  and  Central  Asia.  It  will 
provide a framework for future EU cooperation with Tajikistan. 

3.  Though  modelled  on  other  partnership  and  cooperation  agreements,  the  EU  Tajikistan 
agreement is the first to include clauses on action against terrorism and weapons of mass 
destruction. It will be concluded for a period of ten years, automatically renewable from 
year to year thereafter. The Agreement will open the way for deeper relations in a great 
number  of  fields,  based  on  reciprocity  and  partnership.  The  Agreement  is  founded  on 
respect for the essential principles of democracy, human rights and the rule of law, and on 
the promotion of sustainable development and the link between different aid instruments 
(the link between relief, rehabilitation and development).  

4.  The proposed Agreement has three main components: political dialogue, cooperation and 
trade. It also includes general and institutional provisions to sustain those components. 

(i) 

Political  dialogue:  The  EU  and  Tajikistan  will  pursue  a  regular  political 
dialogue. They will in particular cooperate against  terrorism, the  proliferation 
of weapons of mass destruction and trafficking, including the drugs trade. 

(ii)  Cooperation:  The  Agreement  includes  provisions  in  the  area  of  social  and 
economic  cooperation,  finance  and  trade,  science,  information  society  and 
technologies,  culture,  education  and  audio-visual,  state  reform  and  public 
administration,  social  and  legislative  cooperation.  The  Agreement  also 
provides  for  commitments  and  cooperation  in  re-admission,  in  the  control  of 
illegal  immigration,  and  in  combating  drugs  and  organised  crime.  The 
Agreement  also  provides  for  cooperation  on  democracy  and  human  rights.  A 
separate protocol covers mutual assistance in customs matters. 

(iii)  The Agreement also includes provisions on trade in goods and services and on 

trade and investment. 

5.  The Partnership and Cooperation Agreement is a mixed agreement covering some matters 
for  which  the  European  Communities  are  competent  and  others  for  which  the  Member 
States are competent. It is concluded for an initial period of ten years.  

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The Agreement includes a clause permitting its unilateral suspension if an essential 
element is violated (i.e. respect for democracy, human rights and the principles of a 
market economy). 

The Agreement establishes institutional machinery for its implementation in the form 
of a Cooperation Council, a Cooperation Committee and a Parliamentary Committee. 

This Agreement has no impact on the budget. 

6.  Pending the entry into force of the Partnership and Cooperation Agreement, it is proposed 
that  the  European  Communities  and  Tajikistan  conclude  an  interim  agreement  mainly 
concerning trade, cooperation and the institutional framework, as provided for in Article 
101 of the Partnership and Cooperation Agreement. 

7.  Having completed the negotiating process, the Commission now proposes that the Council 
approve  the  results  of  the  negotiations  and  initiate  the  procedures  for  the  signing  and 
conclusion  of  this  agreement.  To  that  end,  the  Commission  is  submitting  the  following 
proposals: 

(i) 

(ii) 

(iii) 

(iv) 

proposal  for  a  Council  Decision  on  the  signing  of  the  Agreement  on  behalf  of  the 
European Community;  

proposal for a Decision of the Council and the Commission on the conclusion of the 
Agreement on behalf of the European Community and the European Atomic Energy 
Community; 

proposal  for  a  Council  Decision  on  the  conclusion  of  the  Interim  Agreement  on 
behalf of the European Community; 

draft Commission Decision on the conclusion of the Interim Agreement on behalf of 
the European Atomic Energy Community. 

The procedures for the signature and the conclusion of the Agreement are different for the two 
European  Communities  (European  Community  and 
the  European  Atomic  Energy 
Community): 

(a) 

as regards signing, the first sentence of the first subparagraph of Article 300(2) 
of the EC Treaty provides for a separate Council decision on the signing of an 
agreement  on  behalf  of  the  European  Community.  No  such  act  is  required 
under the EAEC Treaty; 

(b) 

as regards the conclusion of the Agreement: 

- 

- 

the  Council  concludes  the  Agreement  on  behalf  of  the  European 
Community, after having received the assent of the European Parliament, 
by virtue of Article 44(2), the last sentence of Article 47(2) and Articles 
55,  57(2),  63(3),  71,  80(2),  93,  94,  133  and  181a  of  the  EC  Treaty,  in 
conjunction  with  the  last  sentence  of  the  first  subparagraph  of  Article 
300(2) and the second subparagraph of Article 300(3); 

the Council approves the Agreement on  behalf of the  European Atomic 
Energy Community by virtue of the second paragraph of Article 101 of 

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the  EAEC  Treaty  and  the  Agreement  is  then  concluded  by  the 
Commission; 

(c) 

as regards the conclusion of the Interim Agreement: 

- 

- 

the  Council  concludes  the  Agreement  on  behalf  of  the  European 
Community  by  virtue  of  Article  133  and  the  first  sentence  of  Article 
300(2); 

the Council approves the Agreement on  behalf of the  European Atomic 
Energy Community by virtue of the second paragraph of Article 101 of 
the  EAEC  Treaty  and  the  Agreement  is  then  concluded  by  the 
Commission. 

In the light of the above, the Commission proposes: 

- 

- 

- 

- 

that the Council adopt a decision on the signing of the Partnership and Cooperation 
Agreement  between  the  European  Communities  and  the  Republic  of  Tajikistan  on 
behalf of the European Community; 

that  the  Council  conclude  the  Partnership  and  Cooperation  Agreement  between  the 
European  Communities  and  the  Republic  of  Tajikistan  on  behalf  of  the  European 
Community and approve its conclusion by the EAEC; 

that  the  Council  conclude  the  Interim  Agreement  on  behalf  of  the  European 
Community; 

that the Council approve the conclusion by the EAEC of the Interim Agreement. 

Ratification by all Member States of the European Union will be a prerequisite for 
the entry into force of the Agreement. 

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2004/0176 (AVC) 

Proposal for a 

DECISION OF THE COUNCIL AND OF THE COMMISSION 

on the conclusion of a Partnership and Cooperation Agreement between the European 
Community and the European Atomic Energy Community and their Member States, of 
the one part, and the Republic of Tajikistan, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, and in particular Article 
44(2), the last sentence of Article 47(2) and Articles 55, 57(2), 63(3), 71, 80(2), 93, 94, 133 
and 181a of the EC Treaty, in conjunction with the last sentence of the first subparagraph of 
Article 300(2) and the second subparagraph of Article 300(3) thereof, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular the first paragraph of Article 101 thereof, 

Having regard to the proposal from the Commission,1 

Having regard to the assent of the European Parliament,2 

Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the 
European Atomic Energy Community, 

Whereas: 

(1) 

The Partnership and Cooperation Agreement between the European Communities and 
their Member States, of the one part, and the Republic of Tajikistan, of the other part, 
was signed on behalf of the European Community at [...] on [...] 2004. 

(2) 

The Agreement should be concluded, 

HAVE DECIDED AS FOLLOWS: 

Article 1 

The  Partnership  and  Cooperation  Agreement  between  the  European  Communities 
and their Member States, of the one part, and the Republic of Tajikistan, of the other 
part,  together  with  the  annexes  and  protocols  attached  thereto,  and  the  declarations 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

1. 

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2 

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made by the Community unilaterally or jointly with the other Party that are attached 
to the Final Act, is hereby approved on behalf of the European Community and the 
European Atomic Energy Community. 

The text of the Agreement, annexes, protocols and the Final Act is attached to this 
decision. 

Article 2 

The position to be taken by the Community within the Cooperation Council and the 
Cooperation  Committee  established  by  the  Agreement  shall  be  adopted  by  the 
Council, on a proposal from the Commission, or the Commission, in accordance with 
the  corresponding  provisions  of  the  Treaties  establishing  the  European  Community 
and the European Atomic Energy Community. 

The President of the Council shall preside over the Cooperation Council and present 
the  position  of  the  Community.  A  representative  of  the  Commission  shall  preside 
over the Cooperation Committee and present the position of the Community. 

The Community shall be represented by the Commission in the special committees 
established by the Cooperation Council in accordance with Article 80. 

2. 

1. 

2. 

3. 

Article 3 

The President of the Council shall give the notification provided for in the second paragraph 
of Article 100 of the Agreement on behalf of the European Community. The President of the 
Commission shall give that notification on behalf of the European Community. 

Done at Brussels, […] 

For the Commission 
The President 

For the Council 
The President 

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ANNEX 

DRAFT PARTNERSHIP AND COOPERATION AGREEMENT  
ESTABLISHING A PARTNERSHIP BETWEEN THE EUROPEAN COMMUNITIES 
AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF 
TAJIKISTAN, OF THE OTHER PART 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

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THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Parties  to  the  Treaty  establishing  the  European  Community,  the  Treaty  establishing  the 
European  Coal  and  Steel  Community  and  the  Treaty  establishing  the  European  Atomic 
Energy Community, 

hereinafter referred to as "Member States", and 

THE  EUROPEAN  COMMUNITY  AND  THE  EUROPEAN  ATOMIC  ENERGY 
COMMUNITY, 

hereinafter referred to as "the Community", 

of the one part, 

AND THE REPUBLIC OF TAJIKISTAN, 

of the other part, 

CONSIDERING  the  links  between  the  Community,  its  Member  States  and  the  Republic  of 
Tajikistan and the common values that they share, 

RECOGNISING that the Community and the Republic of Tajikistan wish to strengthen these 
links  and  to  establish  partnership  and  cooperation  which  would  strengthen  and  widen  the 
relations established in the past in particular by the Agreement between the European Economic 
Community  and  the  European  Atomic  Energy  Community  and  the  Union  of  Soviet  Socialist 
Republics on Trade and Commercial and Economic Cooperation, signed on 18 December 1989,  

CONSIDERING the commitment of the Community and its Member States and of the Republic 
of Tajikistan to strengthen the political and economic freedoms which constitute the very basis 
of the partnership,  

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RECOGNISING  in  that  context  that  support  of  the  independence,  sovereignty  and  territorial 
integrity of the Republic of Tajikistan will contribute to the safeguarding of peace and stability 
in Central Asia, 

CONSIDERING the commitment of the Parties to promote international peace and security and 
the peaceful settlement of disputes, and to cooperate to this end in the framework of the United 
Nations and the Organisation for Security and Cooperation in Europe (OSCE), 

CONSIDERING  the  firm  commitment  of  the  Community  and  its  Member  States  and  the 
Republic of Tajikistan to the full implementation of all principles and provisions contained in 
the  Final  Act  of  the  Conference  on  Security  and  Cooperation  in  Europe  (CSCE),  the 
Concluding Documents of the Madrid and Vienna Follow-Up Meetings, the Document of the 
CSCE Bonn Conference on Economic Cooperation, the Charter of Paris for a New Europe and 
the  CSCE  Helsinki  Document  1992  "The  Challenges  of  Change",  and  other  fundamental 
documents of the OSCE, 

CONVINCED  of  the  paramount  importance  of  the  rule  of  law  and  respect  for  human  rights, 
particularly those of persons belonging to minorities, the establishment of a multiparty system 
with  free  and  democratic  elections  and  economic  liberalization  aimed  at  setting  up  a  market 
economy, 

BELIEVING that full implementation of this Partnership and Cooperation Agreement will both 
depend  on  and  contribute  to  the  continuation  and  accomplishment  of  political,  economic  and 
legal  reforms  in  the  Republic  of  Tajikistan  and  the  introduction  of  the  factors  necessary  for 
cooperation, notably in the light of the conclusions of the CSCE Bonn Conference, 

DESIROUS of encouraging the process of internal reconciliation launched in the Republic of 
Tajikistan following the Moscow peace agreements, 

DESIROUS  of  encouraging  the  process  of  regional  cooperation  in  the  areas  covered  by  this 
agreement with  neighbouring  countries  in order to  promote  the  prosperity  and  stability  of  the 
region, 

DESIROUS  of  establishing  and  developing  regular  political  dialogue  on  bilateral  and 
international issues of mutual interest, 

RECOGNISING AND SUPPORTING the wish of the Republic of Tajikistan to establish close 
cooperation with European institutions, 

CONSIDERING the necessity of promoting investment in the Republic of Tajikistan, including 
in  the  energy  and  water  management  sectors,  confirming  the  importance  attached  by  the 
Community, its Member States and the Republic of Tajikistan to the European Energy Charter, 
and to the full implementation of the Energy Charter Treaty and the Energy Charter Protocol on 
energy efficiency and related environmental aspects, 

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TAKING  ACCOUNT  of  the  Community's  willingness  to  provide  socioeconomic  cooperation 
and technical assistance as appropriate, including in the fight against poverty, 

BEARING  IN  MIND  the  utility  of  the  Agreement  in  favouring  a  gradual  rapprochement 
between the Republic of Tajikistan and a wider area of cooperation in Europe and neighbouring 
regions and its progressive integration into the open international trading system, 

CONSIDERING  the  commitment  of  the  Parties  to  liberalize  trade,  in  conformity  with  World 
Trade  Organization  (WTO)  rules,  and  that  the  Community  welcomes  the  intention  of  The 
Republic of Tajikistanto accede to WTO, 

CONSCIOUS  of  the  need  to  improve  conditions  affecting  business  and  investment,  and 
conditions in areas such as establishment of companies, labour, provision of services and capital 
movements, 

CONVINCED  that  this  Agreement  will  create  a  new  climate  for  economic  relations  between 
the Parties and in particular for the development of trade and investment, which are essential to 
economic restructuring and technological modernisation, 

DESIROUS of establishing close cooperation in the area of environment protection taking into 
account the interdependence existing between the Parties in this field, 

RECOGNISING  that  cooperation  for  the  prevention  and  control  of  illegal  immigration, 
international  organised  crime  and  drug  trafficking  and  the  fight  against  terrorism  constitute 
primary objectives of this Agreement, 

DESIROUS  of  establishing  cultural  cooperation,  cooperation  in  the  field  of  education  and 
improving the flow of information, 

HAVE AGREED AS FOLLOWS: 

ARTICLE 1 

A Partnership is hereby established between the Community and its Member States of the one 
part, and the Republic of Tajikistan, of the other part. The objectives of this partnership are: 

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to support the independence and sovereignty of the Republic of Tajikistan, 

to  support  the  Republic  of  Tajikistan's  efforts  to  consolidate  its  democracy,  to 
develop  its  economy  and  social  infrastructure  and  to  achieve  transition  to  a  market 
economy, 

to  provide  an  appropriate  framework  for  the  political  dialogue  between  the  Parties 
allowing the development of close political relations, 

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- 

- 

to  promote  trade  and  investment,  in  particular  in  the  energy  and  water  sectors,  and 
harmonious economic relations between the Parties and so to foster their sustainable 
economic development, 

to provide a basis for legislative, economic, social, financial, civil, scientific, industrial, 
technological and cultural cooperation. 

TITLE I 

GENERAL PRINCIPLES 

ARTICLE 2 

Respect for democratic principles and fundamental and human rights, as defined in particular in 
the Universal Declaration of Human Rights, the United Nations Charter, the Helsinki Final Act 
and  the  Charter  of  Paris  for  a  New  Europe  underpin  the  internal  and  external  policies  of  the 
Parties and constitute an essential element of this Agreement. 

ARTICLE 3 

The  Parties  consider  that  it  is  essential  for  their  future  prosperity  and  stability  that  the  newly 
independent  states  which  have  emerged  from  the  dissolution  of  the  Union  of  Soviet  Socialist 
Republics,  hereinafter  called  "Independent  States",  should  maintain  and  develop  cooperation 
among  themselves  in  compliance  with  the  principles  of  the  Helsinki  Final  Act  and  with 
international law and in the spirit of good neighbourly relations, and will make every effort to 
encourage this process. 

TITLE II 

POLITICAL DIALOGUE 

ARTICLE 4 

A regular and constant political dialogue shall be established between the Parties, which they 
intend to develop and intensify. It shall accompany and consolidate the rapprochement between 
the Community and the Republic of Tajikistan, support the political and socioeconomic changes 
underway  in  the  Republic  of  Tajikistan  and  contribute  to  the  establishment  of  new  forms  of 
cooperation. The political dialogue: 

- 

- 

will  strengthen  the  links  of  the  Republic  of  Tajikistan  with  the  Community  and  its 
Member States, and thus with the community of democratic nations as a whole. The 
economic  convergence  achieved  through  this  Agreement  will  lead  to  more  intense 
political relations; 

will  bring  about  an  increasing  convergence  of  positions  on  international  issues  of 
mutual concern thus increasing security and stability in the region, 

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- 

will encourage the Parties to cooperate on matters pertaining to the observance of the 
principles of democracy, and the respect, protection and promotion of human rights, 
including  those  of  persons  belonging  to  minorities,  and  to  hold  consultations,  if 
necessary, on relevant matters. 

The Parties consider that the proliferation of weapons of mass destruction (WMD) and their 
means of delivery, both to state and non-state actors, represents one of the most serious threats 
to  international  stability  and  security.  The  Parties  therefore  agree  to  co-operate  and  to 
contribute to countering the proliferation of weapons of mass destruction and their means of 
delivery  through  full  compliance  with  and  national  implementation  of  their  existing 
obligations under international disarmament and non-proliferation treaties and agreements and 
other  relevant  international  obligations.  The  parties  agree  that  this  provision  constitutes  an 
essential  element  of  this  agreement  and  will  be  part  of  the  political  dialogue  that  will 
accompany and consolidate these elements. 

The parties furthermore agree to cooperate and to contribute to countering the proliferation of 
weapons of mass destruction and their means of delivery by: 

– 

– 

taking steps to sign, ratify, or accede to, as appropriate, and fully implement all other 
relevant international instruments;  

the establishment of an effective system of national export controls, controlling the 
export as well as transit WMD related of goods, including a WMD end-use control 
on  dual  use  technologies  and  containing  effective  sanctions  for  breaches  of  export 
controls. Such dialogue may take place on a regional basis.  

At  ministerial  level,  political  dialogue  shall  take  place  within  the  Cooperation  Council 
established in Article 77 and on other occasions by mutual agreement. 

ARTICLE 5 

ARTICLE 6 

Other procedures and mechanisms for political dialogue shall be set up by the Parties, notably: 

- 

- 

- 

by  regular  meetings  at  senior  official  level  between  representatives  of  the 
Community and its Member States on the one hand, and of the Republic of Tajikistan 
on the other hand; 

taking  full  advantage  of  diplomatic  channels  between  the  Parties,  in  particular 
appropriate  contacts  in  the  bilateral  or  multilateral  fields,  including  at  United 
Nations, OSCE meetings and elsewhere; 

by  any  other  means,  including  the  possibility  of  expert  meetings  which  would 
contribute to consolidating and developing this dialogue. 

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TITLE III 

TRADE IN GOODS 

ARTICLE 7 

1. 

The  Parties  shall  accord  one  another  most-favoured-nation  treatment  in  all  areas  in 
respect of: 

- 

- 

- 

- 

- 

2. 

(a) 

(b) 

(c) 

3. 

customs duties and charges applied to imports and exports, including the method of 
collecting such duties and charges; 

provisions relating to customs clearance, transit, warehouses and transhipment; 

taxes and other internal charges of any kind applied directly or indirectly to imported 
goods; 

methods of payment and the transfer of such payments; 

the rules relating to the sale, purchase, transport, distribution and use of goods on the 
domestic market. 

The provisions of paragraph 1 shall not apply to: 

advantages granted with the aim of creating a customs union or a free-trade area or 
pursuant to the creation of such a union or area; 

advantages  granted  to  particular  countries  in  accordance  with  WTO  rules  and  with 
other international arrangements in favour of developing countries; 

advantages accorded to adjacent countries in order to facilitate frontier traffic. 

The provisions of paragraph 1 shall not apply, during a transitional period expiring 
five years after the entry into force of the Partnership and Cooperation Agreement, to 
advantages defined in Annex I granted by the Republic of Tajikistan to other states 
which have emerged from the dissolution of the USSR. 

ARTICLE 8 

1. 

The  Parties  agree  that  the  principle  of  free  transit  is  an  essential  condition  of 
attaining the objectives of this Agreement. 

In  this  connection  each  Party  shall  secure  unrestricted  transit  via  or  through  its 
territory  of  goods  originating  in  the  customs  territory  or  destined  for  the  customs 
territory of the other Party. 

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2. 

3. 

The  rules  described  in  Article  V,  paragraphs  2,  3,  4  and  5  of  the  GATT  1994  are 
applicable between the Parties. 

The rules contained in this Article are without prejudice to any special rules agreed 
between the Parties relating to specific sectors, in particular transport, or products. 

ARTICLE 9 

Without prejudice to the rights and obligations stemming from international conventions on the 
temporary  admission  of  goods  which  bind  the  Parties,  each  Party  shall  grant  the  other  Party 
exemption from import charges and duties on goods admitted temporarily, in the instances and 
according  to  the  procedures  stipulated  by  any  other  international  convention  on  this  matter 
binding  upon  it,  in  conformity  with  its  legislation.  Account  shall  be  taken  of  the  conditions 
under which the obligations stemming from such a convention have been accepted by the Party 
in question. 

ARTICLE 10 

1. 

2. 

Goods  originating  in  the  Republic  of  Tajikistan  shall  be  imported  into  the 
Community  free  of  quantitative  restrictions  or  measures  having  equivalent  effect, 
without prejudice to the provisions of Articles 12, 15 and 16 of this Agreement. 

Goods  originating  in  the  Community  shall  be  imported  into  theTajikistan  free  of 
quantitative  restrictions  or  measures  having  equivalent  effect,  without  prejudice  to 
the provisions of Articles 12, 15 and 16 of this Agreement. 

Goods shall be traded between the Parties at market-related prices. 

ARTICLE 11 

ARTICLE 12 

1. 

2. 

3. 

Where any product is being imported into the territory of one of the Parties in such 
increased quantities or under such conditions as to cause or threaten to cause injury 
to domestic producers of like or directly competing products, the Community or the 
Republic  of  Tajikistan,  as  the  case  may  be,  may  take  appropriate  measures  in 
accordance with the following procedures and conditions. 

Before  taking  any  measures,  or  in  cases  to  which  paragraph  4  applies  as  soon  as 
possible thereafter, the Community or the Republic of Tajikistan, as the case may be, 
shall  supply  the  Cooperation  Council  with  all  relevant  information  with  a  view  to 
seeking a solution acceptable to the Parties as provided for in Title XI. 

If, as a result of the consultations, the Parties do not reach agreement within 30 days 
of referral to the Cooperation Council on actions to remedy the situation, the Party 
which  requested  consultations  shall  be  free  to  restrict  imports  of  the  products 

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4. 

5. 

6. 

concerned to the extent and for such time as is necessary to prevent or remedy the 
injury, or to adopt other appropriate measures. 

In  critical  circumstances  where  delay  would  cause  damage  difficult  to  repair,  the 
Parties  may  take  the  measures  before  the  consultations,  on  condition  that 
consultations are offered immediately after taking such action. 

In the selection of measures under this Article, the Parties shall give priority to those 
which cause least disturbance to the achievement of the aims of this Agreement. 

Nothing in this Article shall prejudice or affect in any way the taking, by either Party, 
of  anti-dumping  or  countervailing  measures  in  accordance  with  Article  VI  of  the 
GATT 1994, the Agreement on implementation of Article VI of the GATT 1994, the 
Agreement on Subsidies and Countervailing Measures or related internal legislation. 

ARTICLE 13 

The  Parties  undertake  to  adjust  the  provisions  in  this  Agreement  on  trade  in  goods  between 
them,  in  the  light  of  circumstances,  and  in  particular  of  the  situation  arising  from  the  future 
accession  of  the  Republic  of  Tajikistan  to  the  WTO.  The  Cooperation  Council  may  make 
recommendations  on  such  adjustments  to  the  Parties  which  could  be  put  into  effect,  where 
accepted,  by  virtue  of  agreement  between  the  Parties  in  accordance  with  their  respective 
procedures. 

ARTICLE 14 

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in 
transit justified on grounds of public morality, public policy or public security; the protection of 
health and life of humans, animals or plants; the protection of natural resources; the protection 
of national treasures of artistic, historic or archaeological value or the protection of intellectual, 
industrial  and  commercial  property  or  rules  relating  to  gold  and  silver.  Such  prohibitions  or 
restrictions  shall  not,  however,  constitute  a  means  of  arbitrary  discrimination  or  a  disguised 
restriction on trade between the Parties. 

ARTICLE 15 

Trade  in  textile  products  falling  under  Chapters  50  to  63  of  the  Combined  Nomenclature  is 
governed  by  a  separate  bilateral  agreement.  After  expiry  of  the  separate  agreement,  textile 
products shall be included in this Agreement.  

ARTICLE 16 

Trade in nuclear materials shall be conducted in accordance with the provisions of the Treaty 
establishing the European Atomic Energy Community. If necessary, trade in nuclear materials 
shall  be  subject  to  the  provisions  of  a  specific  Agreement  to  be  concluded  between  the 
European Atomic Energy Community and the Republic of Tajikistan. 

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TITLE IV 

PROVISIONS AFFECTING BUSINESS AND INVESTMENT 

CHAPTER I 

Labour conditions 

ARTICLE 17 

1. 

2. 

Subject to the laws, conditions and procedures applicable in each Member State, the 
Community  and  the  Member  States  shall  endeavour  to  ensure  that  the  treatment 
accorded to nationals of the Republic of Tajikistan legally resident and employed in 
the  territory  of  a  Member  State  shall  be  free  from  any  discrimination  based  on 
nationality, as regards working conditions, remuneration or dismissal, compared with 
that Member State's own nationals. 

Subject to the laws, conditions and procedures applicable in Tajikistan, the Republic 
of Tajikistan shall endeavour to ensure that the treatment accorded to nationals of a 
Member  State  legally  resident  and  employed  in  the  territory  of  Tajikistan  shall  be 
free  from  any  discrimination  based  on  nationality,  as  regards  working  conditions, 
remuneration or dismissal, compared with its own nationals. 

ARTICLE 18 

The Cooperation Council shall examine what improvements can be made in working conditions 
for  business  people  consistent  with  the  international  commitments  of  the  Parties,  including 
those set out in the document of the CSCE Bonn Conference. 

ARTICLE 19 

The  Cooperation  Council  shall  make  recommendations  for  the  implementation  of  Articles  17 
and 18. 

CHAPTER II 

Conditions affecting the establishment and operation of companies 

ARTICLE 20 

1. 

2. 

The  Community  and  its  Member  States  shall  grant,  for  the  establishment  of  Tajik 
companies  as  defined  in  Article  22(d),  treatment  no  less  favourable  than  that 
accorded to any third country companies. 

Without  prejudice  to  the  reservations  listed  in  Annex  II,  the  Community  and  its 
Member  States  shall  grant  subsidiaries  of  Tajik  companies  established  in  their 

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16 

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3. 

4. 

5. 

1. 

2. 

territories  treatment  no  less  favourable  than  that  granted  to  any  Community 
companies, in respect of their operation. 

The  Community  and  its  Member  States  shall  grant  branches  of  Tajik  companies 
established  in  their  territories  treatment  no  less  favourable  than  that  accorded  to 
branches of companies of any third country, in respect of their operation. 

The  Republic  of  Tajikistan  shall  grant,  for  the  establishment  of  Community 
companies  as  defined  in  Article  22(d),  treatment  no  less  favourable  than  that 
accorded  to  Tajik  companies  or  to  any  third  country  companies,  whichever  is  the 
better.  

The  Republic  of  Tajikistan  shall  grant  subsidiaries  and  branches  of  Community 
companies established in its territory treatment no less favourable than that accorded 
to  Tajik  companies  or  branches,  or  to  any  third  country  company  or  branch, 
whichever is the better, in respect of their operations. 

ARTICLE 21 

The  provisions  of  Article  20  shall  not  apply  to  air  transport,  inland  waterways 
transport and maritime transport. 

However, in respect of activities undertaken by shipping agencies for the provision 
of international maritime transport services, including intermodal activities involving 
a  sea  leg,  each  Party  shall  permit  the  companies  of  the  other  Party  to  have  a 
commercial  presence  in  its  territory  in  the  form  of  subsidiaries  or  branches,  under 
conditions of establishment and operation no less favourable than those accorded to 
its own companies or to subsidiaries or branches of companies of any third country, 
whichever are better.  

Such activities include but are not limited to:  

(a) 

(b) 

the marketing and sale of maritime transport and related services through direct 
contact with customers, from quotation to invoicing, whether these services are 
operated  or  offered  by  the  service  supplier  itself  or  by  service  suppliers  with 
which the service seller has established standing business arrangements; 

the purchase and use, on their own account or on behalf of their customers (and 
the resale to their customers), of any transport and related services, including 
inward transport services by any mode, particularly inland waterways, road and 
rail, necessary for the supply of an integrated service; 

(c) 

the  preparation  of  transport  documents,  customs  documents,  or  other 
documents related to the origin and character of the goods transported; 

EN 

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(d) 

(e) 

the  provision  of  business  information  by  any  means,  including  computerised 
information  systems  and  electronic  data  interchange  (subject  to  any  non-
discriminatory restrictions concerning electronic communications); 

the  setting-up  of  any  business  arrangement,  including  participation  in  the 
company's stock and the appointment of personnel recruited locally (or, in the 
case of foreign personnel, subject to the relevant provisions of this Agreement), 
with any locally established shipping agency; 

(f) 

acting on behalf of companies, organising the port of call of the ship or taking 
over cargoes when required. 

For the purpose of this Agreement: 

ARTICLE 22 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

A "Community company" or a "Tajik company" respectively shall mean a company 
set up in accordance with the laws of a Member State or of the Republic of Tajikistan 
respectively and having its registered office, central administration or principal place 
of  business  in  the  territory  of  the  Community  or  of  the  Republic  of  Tajikistan 
respectively.  However,  should  a  company  set  up  in  accordance  with  the  laws  of  a 
Member  State  or  the  Republic  of  Tajikistan  respectively  have  only  its  registered 
office in the territory of the Community or of the Republic of Tajikistan respectively, 
the company shall be considered a Community or Tajik company respectively if its 
operations  possess  a  real  and  continuous  link  with  the  economy  of  one  of  the 
Member States or the Republic of Tajikistan respectively. 

"Subsidiary" of a company shall mean a company which is effectively controlled by 
the first company. 

"Branch" of a company shall mean a place of business not having legal personality 
which has the appearance of permanency, such as the extension of a parent body, has 
a management and is materially equipped to negotiate business with third parties so 
that the latter, although knowing that there will if necessary be a legal link with the 
parent  body,  the  head  office  of  which  is  abroad,  do  not  have  to  deal  directly  with 
such parent body but may transact business at the place of business constituting the 
extension. 

"Establishment" shall mean the right of Community or Tajik companies as referred to 
in point (a) to take up economic activities by means of the setting up of subsidiaries 
and branches in the Republic of Tajikistan or in the Community respectively. 

"Operation" shall mean the pursuit of economic activities. 

"Economic  activities"  shall  mean  activities  of  an  industrial,  commercial  and 
professional character. 

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With regard to international maritime transport, including intermodal operations involving a sea 
leg,  nationals  of  the  Member  States  or  of  the  Republic  of  Tajikistan  established  outside  the 
Community  or  the  Republic  of  Tajikistan  respectively,  and  shipping  companies  established 
outside the Community or the Republic of Tajikistan and controlled by nationals of a Member 
State or nationals of the Republic of Tajikistan respectively, shall also be beneficiaries of the 
provisions of this Chapter and Chapter III if their vessels are registered in that Member State or 
in the Republic of Tajikistan respectively in accordance with their respective legislation. 

ARTICLE 23 

1. 

2. 

3. 

Notwithstanding  any  other  provisions  of  this  Agreement,  a  Party  shall  not  be 
prevented from taking measures for prudential reasons, including for the protection 
of investors, depositors, policy holders or persons to whom a fiduciary duty is owed 
by a financial service supplier, or to ensure the integrity and stability of the financial 
system. Where such measures do not conform with the provisions of this Agreement, 
they  shall  not  be  used  as  a  means  of  avoiding  the  obligations  of  a  Party  under  this 
Agreement. 

Nothing  in  this  Agreement  shall  be  construed  as  requiring  a  Party  to  disclose 
information  relating  to  the  affairs  and  accounts  of  individual  customers  or  any 
confidential or proprietary information in the possession of public entities. 

For the purposes of this Agreement, "financial services" shall mean those activities 
described in Annex III. 

ARTICLE 24 

The  provisions  of  this  Agreement  shall  not  prejudice  the  application  by  each  Party  of  any 
measure necessary to prevent the circumvention of its measures concerning third country access 
to its market, through the provisions of this Agreement. 

1. 

2. 

ARTICLE 25 

Notwithstanding the provisions of Chapter I of this Title, a Community company or a 
Tajik  company  established  in  the  territory  of  the  Republic  of  Tajikistan  or  the 
Community respectively shall be entitled to employ, or have employed by one of its 
subsidiaries  or  branches,  in  accordance  with  the  legislation  in  force  in  the  host 
country  of  establishment,  in  the  territory  of  the  Republic  of  Tajikistan  and  the 
Community  respectively,  employees  who  are  nationals  of  Community  Member 
States and the Republic of Tajikistan respectively, provided that such employees are 
key personnel as defined in paragraph 2, and that they are employed exclusively by 
companies,  or  branches.  The  residence  and  work  permits  of  such  employees  shall 
only cover the period of such employment. 

Key  personnel  of 
to  as 
"organisations"  are  "intra-corporate  transferees"  as  defined  in  (c)  in  the  following 

the  abovementioned  companies  herein 

referred 

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categories,  provided  that  the  organisation  is  a  legal  person  and  that  the  persons 
concerned have been employed by it or have been partners in it (other than majority 
shareholders) for at least the year immediately preceding such movement:  

(a)  Persons working in a senior position with an organisation, who primarily direct 
the  management  of  the  establishment,  receiving  general  supervision  or 
direction principally from the board of directors or stockholders of the business 
or their equivalent, including: 

- 

- 

- 

directing  the  establishment  or  a  department  or  subdivision  of  the 
establishment, 

supervising and controlling the work of other supervisory, professional or 
managerial employees, 

having  the  authority  personally  to  hire  and  fire  or  recommend  hiring, 
firing or other personnel actions.  

(b)  Persons  working  within  an  organisation  who  possess  uncommon  knowledge 
essential  to  the  establishment's  service,  research  equipment,  techniques  or 
management.  The  assessment  of  such  knowledge  may  reflect,  apart  from 
knowledge specific to the establishment, a high level of qualification referring 
to  a  type  of  work  or  trade  requiring  specific  technical  knowledge,  including 
membership of an accredited profession. 

(c)  An "intra-corporate transferee" is defined as a natural person working within an 
organisation in the territory of a Party, and being temporarily transferred in the 
context of pursuit of economic activities in the territory of the other Party; the 
organisation concerned must have its principal place of business in the territory 
of  a  Party  and  the  transfer  be  to  abranch  or  a  subsidiary  of  that  organisation 
effectively pursuing like economic activities in the territory of the other Party. 

ARTICLE 26 

1. 

2. 

3. 

The Parties shall use their best endeavours to avoid taking any measures or actions 
which  render  the  conditions  for  the  establishment  and  operation  of  each  other's 
companies more restrictive than the situation existing on the day preceding the date 
of signature of the Agreement. 

The  provisions  of  this  Article  are  without  prejudice  to  those  of  Article  34:  the 
situations  covered  by  Article  34  shall  be  governed  exclusively  by  the  provisions 
thereof. 

Acting in the spirit of partnership and cooperation and in the light of the provisions 
of  Article  40,  the  Government  of  the  Republic  of  Tajikistan  shall  inform  the 
Community  of  its  intentions  to  submit  new  legislation  or  adopt  new  regulations 

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which may render the conditions for the establishment or operation in the Republic 
of Tajikistan of subsidiaries and branches of Community companies more restrictive 
than  the  situation  existing  on  the  day  preceding  the  date  of  signature  of  the 
Agreement. The Community may request the Republic of Tajikistan to communicate 
the drafts of such legislation or regulations and to enter into consultations about those 
drafts. 

Where new legislation or regulations introduced in the Republic of Tajikistan would 
result  in  rendering  the  conditions  for  operation  of  subsidiaries  and  branches  of 
Community companies established in the Republic of Tajikistan more restrictive than 
the situation existing on the day of signature of this Agreement, such legislation or 
regulations  shall  not  apply  during  three  years  following  the  entry  into  force  of  the 
relevant act to those subsidiaries and branches already established in the Republic of 
Tajikistan at the time of entry into force of the relevant act. 

CHAPTER III 

Cross-border supply of services between 

the Community and the Republic of Tajikistan 

ARTICLE 27 

The Parties undertake in accordance with the provisions of this Chapter to take the 
necessary steps to allow progressively the supply of services by Community or Tajik 
companies  which  are  established  in  a  party other than  that of the  person  for whom 
the services are intended, taking into account the development of the service sectors 
in the two Parties. 

The  Cooperation  Council  shall  make  recommendations  for  the  implementation  of 
paragraph 1. 

ARTICLE 28 

4. 

1. 

2. 

The Parties shall cooperate with the aim of developing a market-oriented service sector in the 
Republic of Tajikistan. 

ARTICLE 29 

1. 

The Parties undertake to apply effectively the principle of unrestricted access to the 
international maritime market and traffic on a commercial basis: 

(a)  The above provision does not prejudice the rights and obligations arising from 
the United Nations Convention on a Code of Conduct for Liner Conferences, 
as  applicable  to  one  or  other  Party  to  this  Agreement.  Non-conference  lines 
will be free to operate in competition with a conference as long as they adhere 
to the principle of fair competition on a commercial basis. 

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(b)  The  Parties  affirm  their  commitment  to  a  freely  competitive  environment  as 

being an essential feature of the dry and liquid bulk trade. 

2. 

In applying the principles of paragraph 1, the Parties shall:  

(a) 

not  apply,  as  from  the  entry  into  force  of  this  Agreement,  any  cargo-sharing 
provisions of bilateral agreements between Member States of the Community 
and the former Soviet Union; 

(b)  not introduce cargo-sharing clauses into future bilateral agreements with third 
countries,  other  than  in  those  exceptional  circumstances  where  liner  shipping 
companies from one or other Party to this Agreement would not otherwise have 
an  effective  opportunity  to  ply  for  trade  to  and  from  the  third  country 
concerned; 

(c) 

(d) 

prohibit cargo-sharing arrangements in future bilateral agreements concerning 
dry and liquid bulk trade; 

abolish,  upon  entry  into  force  of  this  Agreement,  all  unilateral  measures, 
administrative,  technical  and  other  obstacles  which  could  have  restrictive  or 
discriminatory effects on the free supply of services in international maritime 
transport. 

3. 

Each  Party  shall  grant,  inter  alia,  no  less  favourable  treatment  to  ships  operated  by 
nationals or companies of the other Party than that accorded to a Party's own ships 
with regard to access to ports open to international trade, the use of infrastructure and 
auxiliary  maritime  services  of  the  ports,  the  related  fees  and  charges,  customs 
facilities and the assignment of berths and facilities for loading and unloading. 

ARTICLE 30 

With a view to assuring the coordinated development of transport between the Parties, adapted 
to their commercial needs, the conditions of mutual market access and provision of services in 
transport by road, rail and inland waterways and, if applicable, air may be dealt with by specific 
agreements negotiated between the Parties after entry into force of this Agreement. 

CHAPTER IV 

General provisions 

ARTICLE 31 

1. 

2. 

EN 

The  provisions  of  this  Title  shall  be  applied  subject  to  limitations  justified  on 
grounds of public policy, public security or public health. 

They shall not apply to activities which in the territory of the Parties are connected, 
even occasionally, with the exercise of official authority. 

22 

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ARTICLE 32 

For the purpose of this Title, nothing in this Agreement shall prevent the Parties from applying 
their laws and regulations regarding entry and stay, work, labour conditions and establishment 
of natural persons and supply of services, provided that, in so doing, they do not apply them in a 
manner  such  as  to  nullify  or  impair  the  benefits  accruing  to  any  Party  under  the  terms  of  a 
specific provision of this Agreement. The above provision does not prejudice the application of 
Article 31. 

ARTICLE 33 

Companies  which  are  controlled  and  exclusively  owned  by  Tajik  companies  and  Community 
companies jointly shall also be beneficiaries of the provisions of Chapters II, III and IV. 

ARTICLE 34 

Treatment granted by either Party to the other under this Agreement shall, as from the day one 
month prior to the date of entry into force of the relevant obligations of the General Agreement 
on  Trade  in  Services  (GATS),  in  respect  of  sectors  or  measures  covered  by  the  GATS,  in  no 
case be more favourable than that accorded by such first Party under the provisions of GATS 
and this in respect of each service sector, sub-sector and mode of supply. 

ARTICLE 35 

For the purposes of Chapters II, III and IV, no account shall be taken of treatment accorded by 
the  Community,  its  Member  States  or  the  Republic  of  Tajikistan  pursuant  to  commitments 
entered into in economic integration agreements in accordance with the principles of Article V 
of the GATS. 

ARTICLE 36 

1. 

2. 

3. 

The most-favoured-nation treatment granted in accordance with the provisions of this 
Title  shall  not  apply  to  the  tax  advantages  which  the  Parties  are  providing,  or  will 
provide in the future, on the basis of agreements to avoid double taxation or of other 
tax arrangements. 

Nothing in this Title shall be construed as preventing the adoption or enforcement by 
the  Parties  of  any  measure  aimed  at  preventing  the  avoidance  or  evasion  of  taxes 
pursuant  to  the  tax  provisions  of  agreements  to  avoid  double  taxation,  other  tax 
arrangements or domestic fiscal legislation. 

Nothing in this Title shall be construed as preventing Member States or the Republic 
of Tajikistan from distinguishing, in the application of the relevant provisions of their 
fiscal legislation, between taxpayers who are not in identical situations, in particular 
as regards their place of residence. 

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ARTICLE 37 

Without prejudice to Article 24, no provision of Chapters II, III and IV shall be interpreted as 
giving the right to: 

- 

- 

- 

- 

- 

1. 

2. 

3. 

nationals of the Member States or of the Republic of Tajikistan respectively to enter, 
or stay in, the territory of the Republic of Tajikistan or the Community respectively 
in  any  capacity  whatsoever,  and  in  particular  as  a  shareholder  or  partner  in  a 
company or manager or employee thereof or supplier or recipient of services; 

Community  subsidiaries  or  branches  of  Tajik  companies  to  employ,  or  have 
employed, nationals of the Republic of Tajikistan in the territory of the Community; 

Tajik  subsidiaries  or  branches  of  Community  companies  to  employ,  or  have 
employed,  nationals  of  the  Member  States  in  the  territory  of  the  Republic  of 
Tajikistan; 

Tajik  companies  or  Community  subsidiaries  or  branches  of  Tajik  companies  to 
supply  Tajik  persons  to  act  for  and  under  the  control  of,  other  persons  under 
temporary employment contracts; 

Community  companies  or  Tajik  subsidiaries  or  branches  of  Community  companies 
to  supply  workers  who  are  nationals  of  the  Member  States  under  temporary 
employment contracts. 

CHAPTER V 

Current payments and capital 

ARTICLE 38 

The  Parties  undertake  to  authorise  in  freely  convertible  currency  any  payments  on 
the current account of the balance of payments between residents of the Community 
and of the Republic of Tajikistan connected with the movement of goods, services or 
persons made in accordance with the provisions of this Agreement. 

With regard to transactions on the capital account of the balance of payments, from 
entry into force of this Agreement, the free movement of capital shall be ensured for 
the purposes of direct investments made in companies formed in accordance with the 
laws  of  the  host  country,  investments  made  in  accordance  with  the  provisions  of 
Chapter II, and the liquidation or repatriation of these investments and of any profit 
stemming therefrom. 

Without prejudice to paragraph 2 or to paragraph 5, as from the entry into force of 
this  Agreement,  no  new  foreign  exchange  restrictions  shall  be  introduced  on  the 
movement of capital and current payments connected therewith between residents of 

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4. 

5. 

6. 

1. 

2. 

the Community and Tajikistan and nor shall the existing arrangements be made more 
restrictive. 

The  Parties  shall  consult  each  other  with  a  view  to  facilitating  the  movement  of 
forms of capital other than those referred to in paragraph 2 between the Community 
and the Republic of Tajikistan in order to promote the objectives of this Agreement. 

With reference to the provisions of this Article, until full convertibility of the Tajik 
currency  within  the  meaning  of  Article  VIII  of  the  Articles  of  Agreement  of  the 
International Monetary Fund (IMF) is introduced, the Republic of Tajikistan may in 
exceptional circumstances apply exchange restrictions connected with the granting or 
taking-up  of  short-  and  medium-term  financial  credits  to  the  extent  that  such 
restrictions  are  imposed  on  Tajikistan  for  the  granting  of  such  credits  and  are 
permitted  according  to  the  Republic  of  Tajikistan's  status  under  the  IMF.  The 
Republic of Tajikistan shall apply these restrictions in a non-discriminatory manner. 
They  shall  be  applied  in  such  a  manner  as  to  cause  the  least  possible  disruption  to 
this  Agreement.  the  Republic  of  Tajikistan  shall  inform  the  Cooperation  Council 
promptly of the introduction of such measures and of any changes therein. 

Without  prejudice  to  paragraphs  1  and  2,  where,  in  exceptional  circumstances, 
movements of capital between the Community and the Republic of Tajikistan cause, 
or threaten to cause, serious difficulties for the operation of exchange-rate policy or 
monetary policy in the Community or Tajikistan, the Community and the Republic of 
Tajikistan  respectively  may  take  safeguard  measures  with  regard  to  movements  of 
capital  between  the  Community  and  the  Republic  of  Tajikistan  for  a  period  not 
exceeding six months, if such measures are strictly necessary. 

CHAPTER VI 

Intellectual, industrial and commercial property protection 

ARTICLE 39 

Pursuant to the provisions of this Article and of Annex IV, the Republic of Tajikistan 
shall  continue  to  improve  the  protection  of  intellectual,  industrial  and  commercial 
property  rights  in  order  to  provide,  by  the  end  of  the  fifth  year  after  the  entry  into 
force  of  this  Agreement,  a  level  of  protection  similar  to  that  existing  in  the 
Community, including effective means of enforcing such rights.  

By the end of the fifth year after entry into force of this Agreement, the Republic of 
Tajikistan shall accede to the multilateral conventions on intellectual, industrial and 
commercial property rights referred to in paragraph 1 of Annex IV to which Member 
States are parties or which are de facto applied by Member States, according to the 
relevant  provisions  contained  in  these  conventions.  For  implementation  of  this 
provision, the Community will provide support wherever possible. 

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TITLE V 

LEGISLATIVE COOPERATION 

ARTICLE 40 

1. 

2. 

The  Parties  recognise  that  an  important  condition  for  strengthening  the  economic 
links between the Republic of Tajikistan and the Community is the approximation of 
the Republic of Tajikistan's existing and future legislation to that of the Community. 
The Republic of Tajikistan shall endeavour to ensure that its legislation is gradually 
made compatible with that of the Community. 

The approximation of laws shall extend to the following areas in particular: customs 
law, company law, laws on banking and other financial services, company accounts 
and  taxes,  intellectual  property,  protection  of  workers  at  the  workplace,  rules  on 
competition,  including  any  related  issues  and  practices  affecting  trade,  public 
procurement,  protection  of  health  and  life  of  humans,  animals  and  plants,  the 
environment,  consumer  protection,  indirect  taxation,  technical  rules  and  standards, 
nuclear laws and regulations, transport and electronic communications. 

3. 

The Community shall provide the Republic of Tajikistan with technical assistance for 
the implementation of these measures, which may include: 

- 

- 

- 

- 

- 

the exchange of experts; 

the provision of early information, especially on relevant legislation; 

organisation of seminars; 

training  of  personnel  involved  in  the  drafting  and  implementation  of 
legislation; 

aid for translation of Community legislation in the relevant sectors. 

4. 

The  Parties  agree  to  examine  ways  to  apply  their  respective  competition  laws  on  a 
concerted basis in such cases where trade between them is affected. 

TITLE VI 

ECONOMIC COOPERATION 

ARTICLE 41 

1. 

The Community and the Republic of Tajikistan shall establish economic cooperation 
aimed  at  contributing  to  the  process  of  economic  reform  and  recovery  and 
sustainable  development  of  the  Republic  of  Tajikistan.  Such  cooperation  shall 
strengthen existing economic links to the benefit of the Parties. 

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2. 

3. 

4. 

5. 

Policies  and  other  measures  will  be  designed  to  bring  about  economic  and  social 
reforms and the restructuring of economic systems in the Republic of Tajikistan and 
will  be  guided  by  the  requirements  of  sustainability  and  harmonious  social 
development;  they  will  also  fully  incorporate  environmental  considerations  and  the 
fight against poverty. 

To  this  end  the  cooperation  will  concentrate,  in  particular,  on  economic  and  social 
development,  human  resources  development,  support  for  enterprises  (including 
privatisation, investment and development of financial services), agriculture and food 
(including  food  security),  energy  (including  hydro-electricity),  water  management 
and  civil  nuclear  safety,  health  and  the  fight  against  poverty,  transport,  postal 
services, electronic communications, tourism, environmental protection, cross-border 
activities and regional cooperation. 

Special  attention  shall  be  devoted  to  measures  capable  of  fostering  the  economic 
potential of the Republic of Tajikistan and regional cooperation. 

Where  appropriate,  economic  cooperation  and  other  forms  of  cooperation  provided 
for in this Agreement may be supported by technical assistance from the Community, 
taking  into  account  the  Community's  Council  Regulation  applicable  to  technical 
assistance  in  the  Independent  States,  the  agreed  priorities  in  the  indicative 
programme for Community technical assistance to Central Asia and its application in 
the  Republic  of  Tajikistan  and  its  established  coordination  and  implementation 
procedures.  the  Republic  of  Tajikistan  may  also  benefit  from  other  Community 
programmes in accordance with the appropriate regulations adopted by the Council.  

ARTICLE 42 

Cooperation in the field of trade in goods and services 

The Parties will cooperate with a view to ensuring that the Republic of Tajikistan's international 
trade is conducted in conformity with the rules of the WTO. The Community shall provide the 
Republic of Tajikistan with technical assistance for this purpose. 

Such cooperation shall include specific issues directly relevant to trade facilitation, in particular 
with a view to assisting the Republic of Tajikistan to harmonise its legislation and regulations 
with  WTO  rules  and  so  fulfil  as  soon  as  possible  the  conditions  of  accession  to  that 
Organisation. These include: 

- 

- 

the  formulation  of  policy  on  trade  and  trade-related  questions,  including  payments 
and clearing mechanisms, 

the drafting of relevant legislation. 

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ARTICLE 43 

Industrial cooperation 

1. 

Cooperation shall aim at promoting the following in particular:  

- 

- 

- 

- 

- 

- 

- 

- 

- 

the development of business links between economic operators of both Parties, 
including between small and medium-sized enterprises; 

Community  participation  in  the  Republic  of  Tajikistan's  efforts  to  restructure 
its industry; 

the improvement of management; 

the  improvement  of  the  quality  of  industrial  products  and  their  adaptation  to 
international standards; 

the  development  of  efficient  production  and  processing  capacity  in  the  raw 
materials sector; 

the  development  of  appropriate  commercial  rules  and  practices,  including 
product marketing; 

environmental protection; 

defence conversion; 

training of personnel. 

2. 

The  provisions  of  this  Article  shall  not  affect  the  enforcement  of  Community 
competition rules applicable to undertakings. 

ARTICLE 44 

Investment promotion and protection 

1. 

Bearing in mind the respective powers and competences of the Community and the 
Member  States,  cooperation  shall  aim  to  establish  a  favourable  climate  for  private 
investment,  both  domestic  and  foreign,  especially  through  better  conditions  for 
investment  protection,  the  transfer  of  capital  and  the  exchange  of  information  on 
investment opportunities. 

2. 

The aims of cooperation shall be in particular: 

- 

to  conclude,  where  appropriate,  agreements  between  the  Member  States  and 
the Republic of Tajikistan to avoid double taxation;  

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- 

- 

- 

to create favourable conditions for attracting foreign investments into the Tajik 
economy; 

to establish stable and adequate business law and conditions, and to exchange 
information  on  laws,  regulations  and  administrative  practices  in  the  field  of 
investment; 

to exchange information on investment opportunities in the form of, inter alia, 
trade fairs, exhibitions, trade weeks and other events. 

ARTICLE 45 

Public procurement 

The Parties shall cooperate to develop conditions for open and competitive award of contracts 
for goods and services, in particular through calls for tenders. 

ARTICLE 46 

Cooperation in the field of standards and conformity assessment 

Cooperation between the Parties shall promote alignment with internationally agreed 
criteria, principles and guidelines in the field of metrology, standards and conformity 
assessment,  to  facilitate  progress  towards  mutual  recognition  in  the  field  of 
conformity assessment, and to improve the quality of Tajik products. 

To this end the Parties shall seek to cooperate in technical assistance projects which 
will: 

- 

- 

- 

promote appropriate cooperation with organisations and institutions specialised 
in these fields; 

promote  the  use  of  Community  technical  regulations  and  the  application  of 
European standards and conformity-assessment procedures; 

permit  the  sharing  of  experience  and  technical  information  in  the  field  of 
quality management. 

ARTICLE 47 

Mining and raw materials 

The Parties shall aim at increasing investment and trade in mining and raw materials, 
including non ferrous metals. 

The cooperation shall focus in particular on the following areas: 

1. 

2. 

1. 

2. 

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- 

- 

- 

- 

- 

- 

the  exchange  of  information  on  the  prospects  of  the  mining  and  non-ferrous 
metals sectors; 

the establishment of a legal framework for cooperation; 

trade matters; 

the adoption and implementation of environmental legislation; 

training; 

safety in the mining industry. 

ARTICLE 48 

Cooperation in science and technology 

1. 

The  Parties  shall  promote  cooperation  in  civil  scientific  research  and  technological 
development  (RTD)  on  the  basis  of  mutual  benefit  and,  taking  into  account  the 
availability of resources, adequate access to their respective programmes, subject to 
appropriate  levels  of  effective  protection  of  intellectual,  industrial  and  commercial 
property rights (IPR). 

2. 

Science and technology cooperation shall cover: 

- 

- 

- 

the exchange of scientific and technical information; 

joint RTD activities; 

training  activities  and  mobility  programmes  for  scientists,  researchers  and 
technicians of both Parties engaged in RTD. 

Where  such  cooperation  takes  the  form  of  activities  involving  education  and/or 
training, it must be carried out in accordance with the provisions of Article 49. 

The  Parties,  on  the  basis  of  mutual  agreement,  may  engage  in  other  forms  of 
cooperation in science and technology. 

In carrying out such cooperation activities, particular attention shall be devoted to the 
redeployment  of  scientists,  engineers,  researchers  and  technicians  who  are  or  have 
been engaged in research on, and/or production of, weapons of mass destruction. 

3. 

The cooperation covered by this Article shall be implemented according to specific 
arrangements  to  be  negotiated  and  concluded  in  accordance  with  the  procedures 
adopted by each Party, which shall include appropriate IPR provisions. 

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ARTICLE 49 

Education and training 

1. 

The Parties shall cooperate with the aim of raising the level of general education and 
professional  qualifications  in  the  Republic  of  Tajikistan,  both  in  the  public  and 
private sectors. 

2. 

The cooperation shall focus in particular on the following areas: 

- 

- 

- 

- 

- 

- 

- 

- 

- 

updating  higher  education  and  training  systems  in  the  Republic  of  Tajikistan, 
including  the  system  of  certification  of  higher  education  establishments  and 
higher education diplomas; 

training public and private sector executives and civil servants in priority areas 
to be determined; 

cooperation  between  educational  establishments  and  between  educational 
establishments and firms; 

mobility  for 
researchers, and young people; 

teachers,  graduates,  administrators,  young  scientists  and 

promoting  teaching  in  the  field  of  European  studies  within  the  appropriate 
institutions; 

teaching Community languages; 

post-graduate training of conference interpreters;  

training of journalists; 

training of trainers. 

3. 

The possible participation of one Party in the other Party's programmes in the field of 
education  and  training  may  be  considered  in  accordance  with  their  respective 
procedures;  where  appropriate,  institutional  frameworks  and  plans  of  cooperation 
will then be established through the participation of the Republic of Tajikistan in the 
Community's TEMPUS programme. 

ARTICLE 50 

Agriculture and the agro-industrial sector 

The purpose of cooperation in this area shall be the pursuit of agrarian reform and the reform of 
agricultural  structures,  the  modernisation,  privatisation  and  restructuring  of  agriculture,  stock 
farming  and  the  agro-industrial  and  services  sectors  in  the  Republic  of  Tajikistan,  and  the 

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development of domestic and foreign markets for Tajik products, in conditions that ensure the 
protection  of  the  environment,  taking  into  account  the  necessity  to  improve  security  of  food 
supply and to develop agri-business and the processing and distribution of agricultural products. 
The  Parties  shall  also  pursue  the  gradual  approximation  of  Tajik  standards  to  Community 
technical  regulations  concerning  industrial  and  agricultural  food  products,  including  sanitary 
and phytosanitary standards. 

ARTICLE 51 

Energy 

1. 

2. 

Cooperation  shall  be  governed  by  the  principles  of  the  market  economy  and  the 
European Energy Charter, against a background of the progressive integration of the 
energy markets in Europe. 

Cooperation  shall  concentrate,  inter  alia,  upon  the  formulation  and  development  of 
energy policy. It shall include the following areas: 

- 

- 

- 

- 

- 

- 

- 

- 

- 

the improvement of the management and regulation of the energy sector in line 
with a market economy; 

the  improvement  of  energy  supply,  including  security  of  supply,  in  an 
economically and environmentally sound manner; 

the  promotion  of  energy  saving  and  energy  efficiency  and  implementation  of 
the  Energy  Charter  Protocol  on  Energy  Efficiency  and  related  environmental 
aspects; 

the modernisation of energy infrastructure; 

the  improvement  of  energy  supply  and  use  technologies  across  the  range  of 
energy types; 

management and technical training in the energy sector; 

the transportation and transit of energy materials and products; 

the introduction of the range of institutional, legal, fiscal and other conditions 
necessary to encourage increased energy trade and investment; 

the development of hydro-electric and other renewable energy resources. 

3. 

The Parties shall exchange relevant information on investment projects in the energy 
sector,  in  particular  concerning  the  production  of  energy  resources  and  the 
construction and refurbishing of oil and gas pipelines or other means of transporting 
energy  products.  The  Parties  attach  particular  importance  to  cooperation  regarding 
investments in the energy sector and the manner in which these are regulated. They 

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shall  cooperate  with  a  view  to  implementing  the  provisions  of  Title  IV  and  of 
Article 44 as efficaciously as possible in respect of investments in the energy sector. 

ARTICLE 52 

Environment and health 

1. 

Bearing  in  mind  the  European  Energy  Charter,  the  Declarations  of  the  Lucerne 
Conference of April 1993 and of the Sofia Conference of October 1995, and taking 
into  account  the  Energy  Charter  Treaty,  and  especially  Article  19  thereof,  and  the 
Energy Charter Protocol on Energy Efficiency and related environmental aspects, the 
Parties  shall  develop  and  strengthen  their  cooperation  on  environment  and  human 
health. 

2. 

Cooperation shall aim at protecting the environment, combating all kinds of pollution 
and in particular cover: 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

effective monitoring of pollution levels and assessment of the environment; a 
system of information on the state of the environment; 

combating local, regional and transboundary air and water pollution;  

environmental rehabilitation; 

sustainable, efficient and environmentally sound production and use of energy; 

the safety of industrial plants; 

classification and safe handling of chemicals; 

water quality; 

waste  reduction,  recycling  and  safe  disposal,  implementation  of  the  Basel 
Convention when signed; 

the environmental impact of agriculture; soil erosion; chemical pollution; 

the protection of forests; 

the  conservation  of  biodiversity,  protected  areas  and  sustainable  use  and 
management of biological resources; 

land-use planning, including construction and urban planning; 

the use of economic and fiscal instruments; 

global climate change; 

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- 

- 

environmental education and awareness; 

implementation  of 
Assessment in a transboundary context when signed. 

the  Espoo  Convention  on  Environmental 

Impact 

3. 

Forms of cooperation shall include: 

- 

- 

- 

- 

- 

- 

- 

planning for disasters and other emergency situations; 

the  exchange  of  information  and  experts,  including  information  and  experts 
the  safe  and 
dealing  with 
environmentally sound use of biotechnologies; 

transfer  of  clean 

technologies  and 

the 

joint research activities; 

approximation of laws towards Community standards; 

cooperation  at  regional  level,  including  cooperation  within  the  framework  of 
the European Environment Agency, and at international level; 

the  development  of  strategies,  particularly  with  regard  to  global  and  climatic 
issues and with a view to achieving sustainable development; 

environmental impact studies. 

4. 

The Parties shall seek to develop their cooperation on questions of human health, in 
particular through technical assistance on the prevention and combating of infectious 
diseases and the protection of mothers and young children. 

ARTICLE 53 

Transport 

The Parties shall develop and strengthen their cooperation in the field of transport. 

This  cooperation  shall,  inter  alia,  aim  at  restructuring  and  modernising  transport  systems  and 
networks  in  the  Republic  of  Tajikistan;  developing  and  ensuring,  where  appropriate, 
compatibility  of  transportation  systems  in  the  context  of  achieving  a  more  global  transport 
system; and identifying and elaborating priority projects and seeking to attract investment for 
their implementation.  

Cooperation shall include: 

- 

the  modernisation  of  management  and  operations  of  road  transport,  railways  and 
airports; 

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- 

- 

- 

- 

- 

the  modernisation  and  development  of  railways,  waterways,  roads,  airport  and  air 
navigation  infrastructure  and  navigation  aids,  including  the  modernisation  of  major 
routes  of  common  interest  and  the  trans-European  links  for  the  above  modes, 
particularly those related to the TRACECA project; 

the promotion and development of multi-modal transport; 

the promotion of joint research and development programmes; 

the preparation of the legislative and institutional framework for policy development 
and implementation, including privatisation of the transport sector; 

the simplification of procedures for all forms of transport in the region. 

ARTICLE 54 

Electronic communications and postal services 

Within  their  respective  powers  and  competences  the  Parties  shall  expand  and  strengthen 
cooperation aimed at: 

- 

- 

- 

- 

- 

- 

- 

- 

- 

establishing  policies  and  guidelines  for  the  development  of  the  electronic 
communications sector and postal services; 

developing tariff policy and marketing principles for electronic communications and 
postal services; 

transferring  technology  and  know-how,  particularly  regarding  European  technical 
standards and certification systems; 

encouraging  the  development  of  projects  for  electronic  communications  and  postal 
services and attracting investment; 

enhancing  the  efficiency  and  quality  of  electronic  communications  and  postal 
services, inter alia through liberalisation of activities in sub-sectors; 

promoting advanced application of electronic communications, notably in the area of 
electronic funds transfer; 

enhancing the management of, and optimising, electronic communications networks; 

developing  an  appropriate  regulatory  basis  for  the  provision  of  electronic 
communications and postal services and for the use of the radio frequency spectrum; 

enhancing training in the field of electronic communications and postal services for 
operations in market conditions. 

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ARTICLE 55 

Financial services and fiscal institutions 

1. 

Cooperation in the field of financial services shall in particular aim at facilitating the 
involvement of the Republic of Tajikistan in universally recognised clearing systems. 
Technical assistance shall focus on: 

- 

- 

- 

the development of a stock market and a securities market; 

the development of banking services, the development of a common market for 
credit  resources  and  the  involvement  of  the  Republic  of  Tajikistan  in  a 
universally recognised clearing system; 

the  development  of  insurance  services,  which  would  inter  alia  create  a 
favourable  framework  for  Community  companies'  participation 
the 
establishment  of  joint  ventures  in  the  insurance  sector  in  the  Republic  of 
Tajikistan, and the development of export credit insurance. 

in 

This  cooperation  shall  in  particular  contribute  to  fostering  relations  between  the 
Parties in the financial services sector. 

2. 

The Parties shall cooperate in developing the fiscal system and fiscal institutions in 
the  Republic  of  Tajikistan.  This  cooperation  shall  include  the  exchange  of 
information and experience on fiscal matters and the training of personnel involved 
in the formulation and implementation of fiscal policy. 

ARTICLE 56 

Enterprise restructuring and privatisation 

Recognising that privatisation is of fundamental importance to a sustainable economic recovery, 
the  Parties  agree  to  cooperate  in  the  development  of  the  necessary  institutional,  legal  and 
methodological  framework.  Particular  attention  shall  be  paid  to  the  orderly  and  transparent 
nature  of  the  privatisation  process,  exchange  of  information  and  experience,  and  appropriate 
training in investment policy. 

Technical assistance shall focus on, inter alia: 

- 

- 

- 

the  further  development  of  an  institutional  base  within  the  Government  of  the 
Republic of Tajikistan to assist with defining and managing the privatisation process; 

the  further  development  of  the  privatisation  strategy  of  the  Government  of  the 
Republic  of  Tajikistan,  including  the  legislative  framework,  and  implementation 
mechanisms; 

furthering market approaches to land use and usufruct; 

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- 

- 

- 

the restructuring of those enterprises not yet ready for privatisation; 

the  development  of  private  enterprise,  and  particularly  small  and  medium-sized 
enterprises; 

the development of investment funds. 

The  objective  of  this  cooperation  shall  be  to  contribute  to  the  promotion  of  Community 
investment in the Republic of Tajikistan. 

ARTICLE 57 

Regional development 

1. 

2. 

The  Parties  shall  strengthen  cooperation  on  regional  development  and  land-use 
planning. 

To  this  end,  the  Parties  shall  encourage  the  exchange  of  information  by  national, 
regional  and  local  authorities  on  regional  and  land-use  planning  policy  and  on 
methods  of  formulation  of  regional  policies  with  special  emphasis  on  the 
development of disadvantaged areas. 

They shall also encourage direct contacts between the respective regions and public 
organisations responsible for regional development planning with the aim, inter alia, 
of exchanging information regarding ways of fostering regional development. 

ARTICLE 58 

Social cooperation 

1. 

With regard to health and safety, the Parties shall develop cooperation between them 
with the aim of improving inter alia the level of protection of the health and safety of 
workers. 

This cooperation shall include: 

- 

- 

- 

- 

education  and  training  on  health  and  safety  issues  with  specific  attention  to 
high risk sectors of activity; 

development  and  promotion  of  preventive  measures  to  combat  work  related 
diseases and other work related ailments; 

prevention of major accident hazards and the management of toxic chemicals; 

research  on  developing  information  and  understanding  of  the  working 
environment and on the health and safety of workers. 

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2. 

With  regard  to  employment,  the  cooperation  shall  include  notably  technical 
assistance for: 

- 

- 

- 

- 

- 

the optimisation of the labour market; 

the modernisation of job-finding and careers advisory services; 

the planning and management of restructuring programmes; 

the encouragement of local employment development; 

the  exchange  of  information  on  the  programmes  of  flexible  employment, 
including those stimulating self-employment and promoting entrepreneurship. 

3. 

The  Parties  shall  pay  special  attention  to  cooperation  in  the  sphere  of  social 
protection,  including  cooperation  in  planning  and  implementing  social  protection 
reforms in the Republic of Tajikistan. 

These  reforms  shall  aim  to  develop  in  the  Republic  of  Tajikistan  methods  of 
protection  intrinsic  to  market  economies  and  shall  comprise  all  relevant  forms  of 
social protection. 

ARTICLE 59 

Tourism 

The Parties shall increase and develop their cooperation with a view, inter alia, to: 

- 

- 

- 

- 

- 

- 

facilitating the tourist trade; 

increasing the flow of information; 

transferring know-how; 

studying the opportunities for joint operations;  

cooperation  between  official 
promotional material; 

tourism  bodies, 

including 

the  preparation  of 

training for tourism development. 

ARTICLE 60 

Small and medium-sized enterprises 

1. 

The Parties shall aim to develop and strengthen small and medium-sized enterprises 
(SMEs)  and  their  associations,  and  cooperation  between  SMEs  in  the  Community 
and the Republic of Tajikistan. 

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2. 

Cooperation shall include technical assistance, in particular in the following areas: 

- 

- 

- 

the development of a legislative framework for SMEs; 

the development of an appropriate infrastructure to support SMEs, to promote 
communication  and  business  cooperation  between  SMEs  both  within  the 
Republic  of  Tajikistan  and  further  afield,  and  to  train  SMEs  in  the  skills 
necessary to access funding; 

training  in  the  areas  of  marketing,  accounting  and  control  of  the  quality  of 
products. 

ARTICLE 61 

Information and communication 

The  Parties  shall  support  the  development  of  modern  methods  of  information  handling, 
including the media, and stimulate the effective mutual exchange of information. Priority shall 
be given to programmes aimed at providing the general public with basic information about the 
Community and the Republic of Tajikistan, including, where possible, access to databases, in 
full respect of intellectual property rights. 

ARTICLE 62 

Consumer protection 

The  Parties  shall  enter  into  close  cooperation  aimed  at  achieving  compatibility  between  their 
systems of consumer protection. This cooperation may include the exchange of information on 
legislative  work  and  institutional  reform,  the  establishment  of  permanent  systems  of  mutual 
information  on  dangerous  products,  the  improvement  of  information  provided  to  consumers, 
especially  on  prices,  characteristics  of  products  and  services  offered,  the  development  of 
exchanges  between  consumer  interest  representatives,  and  increasing  the  compatibility  of 
consumer protection policies, and the organization of seminars and training periods. 

ARTICLE 63 

Customs 

1. 

The  aim  of  cooperation  shall  be  to  guarantee  compliance  with  all  the  provisions 
scheduled  for  adoption  in  connection  with  trade  and  fair  trade  and  to  achieve  the 
approximation  of  the  Republic  of  Tajikistan's  customs  system  to  that  of  the 
Community. 

2. 

Cooperation shall take place particularly through: 

- 

the exchange of information; 

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- 

- 

- 

- 

- 

the improvement of working methods; 

the introduction of the Combined Nomenclature and the single administrative 
document; 

the  simplification  of  controls  and  formalities  in  respect  of  the  carriage  of 
goods; 

support for the introduction of modern customs information systems; 

the organisation of seminars and training periods. 

Technical assistance shall be provided where necessary. 

3. 

Without prejudice to other cooperation under this Agreement, and in particular Title 
VIII, mutual assistance in customs matters between administrative authorities of the 
Parties shall take place in accordance with the provisions of the Protocol attached to 
this Agreement. 

ARTICLE 64 

Statistical cooperation 

Cooperation  in  this  area  shall  pursue  the  development  of  an  efficient  statistical  system  to 
provide  the  reliable  statistics  needed  to  support  and  monitor  the  process  of  socioeconomic 
reform and contribute to the development of private enterprise in the Republic of Tajikistan. 

The Parties shall, in particular, cooperate in the following fields: 

- 

- 

- 

the adaptation of the Tajik statistical system to international methods, standards and 
classification; 

the exchange of statistical information; 

the provision of the macro- and microeconomic statistics necessary to implement and 
manage economic reforms. 

The  Community  shall  provide  the  Republic  of  Tajikistan  with  technical  assistance  for  this 
purpose. 

ARTICLE 65 

Economic science 

The  Parties  shall  facilitate  the  process  of  socioeconomic  reform  and  the  coordination  of 
economic  policies  by  cooperating  to  improve  understanding  of  the  fundamentals  of  their 
respective  economies  and  the  design  and  implementation  of  economic  policy  in  market 

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economies. To this end, the Parties shall exchange information on macroeconomic performance 
and prospects. 

The Community shall provide technical assistance to: 

- 

- 

- 

assist  the  Republic  of  Tajikistan  in  the  process  of  economic  reform  by  providing 
expert advice and technical assistance, 

encourage cooperation among economists in order to expedite the transfer of know-
how  for  the  drafting  of  economic  policies,  and  provide  for  wide  dissemination  of 
policy-relevant research; 

improve the Republic of Tajikistan's capacity to formulate economic models. 

TITLE VII 

COOPERATION ON MATTERS RELATING TO 

DEMOCRACY AND HUMAN RIGHTS 

ARTICLE 66 

The  Parties  shall  cooperate  on  all  questions  relevant  to  the  establishment  or  reinforcement  of 
democratic institutions, including those required in order to strengthen the rule of law, and the 
protection of human rights and fundamental freedoms according to international law and OSCE 
principles. 

This cooperation shall take the form of technical assistance programmes intended to assist, inter 
alia,  in  the  drafting  of  relevant  legislation  and  regulations;  the  implementation  of  such 
legislation; the functioning of the judiciary; the role of the State in questions of justice; and the 
operation  of  the  electoral  system.  They  shall  include  training  where  appropriate.  The  Parties 
shall encourage contacts and exchanges between their national, regional and judicial authorities, 
parliamentarians, and non-governmental organisations. 

TITLE VIII 

COOPERATION ON PREVENTION OF ILLEGAL ACTIVITIES 

AND THE PREVENTION AND CONTROL OF ILLEGAL IMMIGRATION 

ARTICLE 67 

The Parties shall establish cooperation aimed at preventing illegal activities such as:  

- 

illegal activities in the sphere of economics, including corruption; 

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- 

- 

illegal transactions in various goods, including industrial waste, and illicit traffic of 
arms; 

counterfeiting. 

Cooperation  in  the  above  areas  shall  be  based  on  mutual  consultation  and  close  interaction. 
Technical and administrative assistance shall be provided, in such areas as:  

- 

- 

- 

- 

- 

1. 

2. 

drafting national legislation in the sphere of preventing illegal activities; 

creating information centres; 

increasing the efficiency of institutions engaged in preventing illegal activities; 

training personnel and developing research infrastructure; 

elaborating mutually acceptable measures to counter illegal activities. 

ARTICLE 68 

Money laundering 

The  Parties  agree  on  the  necessity  of  making  efforts  and  cooperating  in  order  to 
prevent  the  use  of  their  financial  systems  for  laundering  the  proceeds  of  criminal 
activities in general and drug offences in particular. 

Cooperation in this area shall include administrative and technical assistance with a 
view to establishing standards against money laundering equivalent to those adopted 
by the Community and international fora in this field, including the Financial Action 
Task Force (FATF). 

ARTICLE 69 

Fight against drugs 

Within the framework of their respective powers and competences the Parties shall cooperate to 
increase  the  effectiveness  and  efficiency  of  policies  and  measures  to  counter  the  illicit 
production,  supply  and  traffic  in  narcotic  drugs  and  psychotropic  substances,  including  the 
prevention  of  diversion  of  precursor  chemicals,  and  to  promote  drug  demand  prevention  and 
reduction. As regards the control of precursor chemicals and other essential substances used for 
the  illicit  production  of  narcotic  drugs  and  psychotropic  substances,  this  cooperation  shall  be 
based on the standards adopted by the Community and the international authorities concerned, 
such  as  those  of  the  Chemical  Action  Task  Force  (CATF).  Cooperation  in  this  area  shall  be 
based  on  mutual  consultation  and  close  coordination  between  the  Parties  on  objectives  and 
measures to be taken in the various drug-related fields. 

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ARTICLE 70 

Co-operation on migration 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

3. 

The  Parties  reaffirm  the  importance,  which  they  attach  to  a  joint  management  of 
migration flows between their territories. With a view to strengthening co-operation 
between them, they shall establish a comprehensive dialogue on all migration-related 
issues,  including  illegal  migration,  smuggling  and  trafficking  in  human  beings,  as 
well as the inclusion of the migration concerns in the national strategies for economic 
and social development of the areas from which migrants originate. 

Co-operation  shall  be  based  on  a  specific  needs  assessment  conducted  in  mutual 
consultation between the Parties and be implemented in accordance with the relevant 
Community and national legislation in force. It will, in particular, focus on:  

the root causes of migration; 

the development and implementation of national legislation and practices as regards 
international  protection,  with  a  view  to  satisfying  the  provisions  of  the  Geneva 
Convention of 1951 on the status of refugees and of the Protocol of 1967 and other 
relevant  international  instruments,  and  to  ensuring  the  respect  of  the  principle  of 
"non-refoulement"; 

the  admission  rules  and  rights  and  status  of  persons  admitted,  fair  treatment  and 
integration  of  lawfully  residing  non-nationals,  education  and  training  and  measures 
against racism and xenophobia; 

the  establishment  of  an  effective  and  preventive  policy  against  illegal  immigration, 
smuggling of migrants and trafficking in human beings including the issue of how to 
combat networks of smugglers and traffickers and how to protect the victims of such 
trafficking;  

the  return,  under  humane  and  dignified  conditions,  of  persons  residing  illegally 
including  the  promotion  of  their  voluntary  return,  and  the  readmission  of  such 
persons, in accordance with paragraph 3; 

the field of visas, on issues identified as being of mutual interest; 

the field of border controls, on issues related to organisation, training, best practices 
and other operational measures on the ground and where relevant, equipment, while 
being aware of the potential dual use of such equipment. 

In the framework of the cooperation to prevent and control illegal immigration, the 
Parties also agree to readmit their illegal migrants. To this end: 

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- 

- 

the Republic of Tajikistan shall readmit any of its nationals illegally present on the 
territory  of  a  Member  State  of  the  European  Union,  upon  request  by  the  latter  and 
without further formalities; 

and  each  Member  State  of  the  European  Union  shall  readmit  any  of  its  nationals 
illegally  present  on  the  territory  of  the  Republic  of  Tajikistan,  upon  request  by  the 
latter and without further formalities. 

The Member States of the European Union and the Republic of Tajikistan will provide their 
nationals with appropriate identity documents for such purposes. 

The Parties agree to conclude, upon request and as soon as possible, an agreement regulating 
the  specific  obligations  for  Member  States  of  the  European  Union  and  the  Republic  of 
Tajikistan  on  readmission,  including  an  obligation  for  the  readmission  of  nationals  of  other 
countries and stateless persons. 

For this purpose, the term “Parties” shall mean the European Community, any of its Member 
States and the Republic of Tajikistan. 

ARTICLE 71 

Fight against terrorism 

The  parties  reaffirm  the  importance  of  the  fight  against  terrorism  and,  in  accordance  with 
international  agreements  and  their  respective  laws  and  regulations,  agree  to  cooperate  on  the 
prevention and elimination of terrorist acts. In particular they will cooperate: 

- 

- 

- 

in the framework of the full implementation of UN Security Council Resolution 1373 
and other UN resolutions, agreements and other international instruments relating to 
this matter; 

by exchanges of information, in accordance with the international and national laws 
on terrorist groups and their support networks; 

and  by  exchanges  of  views  on  the  means  and  methods  used  to  counter  terrorism, 
including technical fields and training, and by an exchange of experience concerning 
the prevention of terrorism. 

TITLE IX 

CULTURAL COOPERATION 

ARTICLE 72 

The  Parties  undertake  to  promote,  encourage  and  facilitate  cultural  cooperation.  Where 
appropriate,  the  Community's  cultural  cooperation  programmes  or  those  of  one  or  more 

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Member States may be the subject of cooperation and further activities of mutual interest may 
be developed. 

TITLE X 

FINANCIAL COOPERATION 

ARTICLE 73 

In order to achieve the objectives of this Agreement and in accordance with Articles 74, 75 and 
76,  the  Republic  of  Tajikistan  shall  be  eligible  for  temporary  financial  assistance  from  the 
Community by way of technical assistance grants. 

ARTICLE 74 

This  financial  assistance  shall  be  covered  by  the  Tacis  programme  and  the  Community's 
relevant  Council  Regulation.  the  Republic  of  Tajikistan  may  also  benefit  from  other  types  of 
Community assistance according to its needs. Particular attention shall be given to the focussing 
of  aid,  the  coordination  of  assistance  instruments  and  the  link  between  the  various  types  of 
Community  humanitarian,  rehabilitation  and  development  aid.  The  fight  against  poverty  shall 
be incorporated into the Community programmes.  

ARTICLE 75 

The objectives and the areas of the Community's financial assistance shall be laid down in an 
indicative  programme  reflecting  priorities  between  the  Community  and  the  Republic  of 
Tajikistan, taking into account the Republic of Tajikistan's needs, sectoral absorption capacities 
and progress with reform. The Parties shall inform the Cooperation Council thereof. 

ARTICLE 76 

In  order  to  permit  optimum  use  of  the  resources  available,  the  Parties  shall  ensure  that 
Community assistance is closely coordinated with contributions from other sources such as the 
Member States, other countries and international organisations such as the International Bank 
for  Reconstruction  and  Development  and  the  European  Bank  for  Reconstruction  and 
Development. 

TITLE XI 

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 

ARTICLE 77 

A  Cooperation  Council  is  hereby  established  to  supervise  the  implementation  of  this 
Agreement. It shall meet regularly at ministerial level. It shall meet at intervals which it shall 
itself  determine  and  at  least  once  every  two  years.  It  shall  examine  any  major  issues  arising 
within the framework of this Agreement and any other bilateral or international issues of mutual 

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interest  for  the  purpose  of  attaining  the  objectives  of  this  Agreement.  With  the  Parties' 
agreement, the Cooperation Council may also make appropriate recommendations. 

1. 

2. 

3. 

1. 

ARTICLE 78 

The  Cooperation  Council  shall  consist  of  members  of  the  Council  of  the  European 
Union  and  members  of  the  Commission  of  the  European  Communities,  on  the  one 
hand, and of members of the Government of the Republic of Tajikistan, on the other. 

The Cooperation Council shall establish its rules of procedure. 

The  office  of  President  of  the  Cooperation  Council  shall  be  held  alternately  by  a 
representative  of  the  Community  and  by  a  member  of  the  Government  of  the 
Republic of Tajikistan. 

ARTICLE 79 

The  Cooperation  Council  shall  be  assisted  in  the  performance  of  its  duties  by  a 
Cooperation Committee composed of representatives of the members of the Council 
of  the  European  Union  and  of  members  of  the  Commission  of  the  European 
Communities  on  the  one  hand  and  of  representatives  of  the  Government  of  the 
Republic of Tajikistan on the other, normally at senior civil servant level. The office 
of  President  of  the  Cooperation  Committee  shall  be  held  alternately  by  the 
Community and by the Republic of Tajikistan. 

In  its  rules  of  procedure  the  Cooperation  Council  shall  lay  down  the  duties  of  the 
Cooperation  Committee,  which  shall  include  the  preparation  of  meetings  of  the 
Cooperation Council, and how the Committee shall function. 

2. 

The  Cooperation  Council  may  delegate  any  of  its  powers  to  the  Cooperation 
Committee,  which  will  ensure  continuity  between  meetings  of  the  Cooperation 
Council. 

ARTICLE 80 

The  Cooperation  Council  may  decide  to  set  up  any  other  special  committee  or  body  that  can 
assist  it  in  carrying  out  its  duties  and  shall  determine  the  composition  and  duties  of  such 
committees or bodies and how they shall function. 

ARTICLE 81 

When  examining  any  issue  arising  within  the  framework  of  this  Agreement  in  relation  to  a 
provision  referring  to  an  Article  of  one  of  the  Agreements  constituting  the  WTO,  the 
Cooperation Council shall take into account to the greatest extent possible the interpretation that 
is generally given to the Article in question by the Members of the WTO. 

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ARTICLE 82 

A Parliamentary Cooperation Committee is hereby established. It shall be a forum for Members 
of the Tajik Parliament and the European Parliament to meet and exchange views, including on 
matters concerning political dialogue at parliamentary level. It shall meet at intervals which it 
shall itself determine. 

ARTICLE 83 

1. 

2. 

3. 

The Parliamentary Cooperation Committee shall consist of members of the European 
Parliament, on the one hand, and of members of the Tajik Parliament, on the other. 

The Parliamentary Cooperation Committee shall establish its rules of procedure. 

The Parliamentary Cooperation Committee shall be presided in turn by the European 
Parliament and the Tajik Parliament respectively, in accordance with the provisions 
to be laid down in its rules of procedure. 

ARTICLE 84 

The  Parliamentary  Cooperation  Committee  may  request  relevant  information  regarding  the 
implementation of this Agreement from the Cooperation Council, which shall then supply the 
Committee with the requested information.  

The  Parliamentary  Cooperation  Committee  shall  be  informed  of  the  recommendations  of  the 
Cooperation Council. 

The  Parliamentary  Cooperation  Committee  may  make  recommendations  to  the  Cooperation 
Council. 

ARTICLE 85 

1. 

Within the scope of this Agreement, each Party undertakes to ensure that natural and 
legal persons of the  other Party have access free of discrimination in relation  to its 
own  nationals  to  the  competent  courts  and  administrative  organs  of  the  Parties  to 
defend  their  individual  rights  and  their  property  rights,  including  those  concerning 
intellectual, industrial and commercial property. 

2. 

Within the limits of their respective powers and competences, the Parties: 

- 

- 

shall encourage the adoption of arbitration for the settlement of disputes arising 
from  commercial  and  cooperation  transactions  concluded  by  economic 
operators of the Community and those of the Republic of Tajikistan; 

agree that where a dispute is submitted to arbitration, each party to the dispute 
may,  except  where  the  rules  of  the  arbitration  centre  chosen  by  the  parties 
provide otherwise, choose its own arbitrator, irrespective of his nationality, and 

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- 

- 

that  the  presiding  third  arbitrator  or  the  sole  arbitrator  may  be  a  citizen  of  a 
third country; 

shall recommend their economic operators to choose by mutual consent the law 
applicable to their contracts; 

shall  encourage  recourse  to  the  arbitration  rules  elaborated  by  the  United 
Nations  Commission  on  International  Trade  Law  (Uncitral)  and  to  arbitration 
by  any  centre  of  a  State  signatory  to  the  Convention  on  Recognition  and 
Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958. 

ARTICLE 86 

Nothing in this Agreement shall prevent a Party, within the limits of its respective powers and 
competences, from taking any measures: 

(a) 

(b) 

(c) 

which it considers necessary to prevent the disclosure of information contrary to its 
essential security interests; 

which relate to the production of, or trade in arms, munitions or war materials or to 
research,  development  or  production  indispensable  for  defence  purposes,  provided 
that such measures do not impair the conditions of competition in respect of products 
not intended for specifically military purposes; 

which  it  considers  essential  to  its  own  security  in  the  event  of  serious  internal 
disturbances  affecting  the  maintenance  of  law  and  order,  in  time  of  war  or  serious 
international tension constituting threat of war or in order to carry out obligations it 
has accepted for the purpose of maintaining peace and international security; 

(d) 

which it considers necessary to respect its international obligations and commitments 
in the control of dual use industrial goods and technology. 

ARTICLE 87 

1. 

In  the  fields  covered  by  this  Agreement  and  without  prejudice  to  any  special 
provisions contained therein: 

- 

- 

the  arrangements  applied  by  the  Republic  of  Tajikistan  in  respect  of  the 
Community  shall  not  give  rise  to  any  discrimination  between  the  Member 
States, their nationals or their companies or firms; 

the  arrangements  applied  by  the  Community  in  respect  of  the  Republic  of 
Tajikistan  shall  not  give  rise  to  any  discrimination  between  Tajik  nationals, 
companies or firms. 

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2. 

1. 

2. 

3. 

The  provisions  of  paragraph  1  are  without  prejudice  to  the  right  of  the  Parties  to 
apply  the  relevant  provisions  of  their  fiscal  legislation  to  taxpayers  who  are  not  in 
identical situations as regards their place of residence. 

ARTICLE 88 

Each of the Parties may refer to the Cooperation Council any dispute relating to the 
application or interpretation of this Agreement. 

The Cooperation Council may settle the dispute by means of a recommendation. 

If  it  is  not  possible  to  settle  the  dispute  in  accordance  with  paragraph  2  of  this 
Article,  either  Party  may  notify  the  other  of  the  appointment  of  a  conciliator;  the 
other  Party  must  then  appoint  a  second  conciliator  within  two  months.  For  the 
application  of  this  procedure,  the  Community  and  the  Member  States  shall  be 
deemed to be a single Party to the dispute. 

The Cooperation Council shall appoint a third conciliator. 

The  conciliators'  recommendations  shall  be 
recommendations shall not be binding upon the Parties. 

taken  by  majority  vote.  Such 

ARTICLE 89 

The Parties agree to consult each other promptly, through appropriate channels and at 
the  request  of  either  Party,  on  any  matter  concerning  the  interpretation  or 
implementation of this Agreement and other relevant aspects of the relations between 
the Parties. 

The  provisions  of  this  Article  shall  in  no  way  affect,  and  are  without  prejudice  to, 
Articles 12, 88 and 94.  

The  Cooperation  Council  may  establish  rules  of  procedure  for  the  settlement  of 
disputes. 

ARTICLE 90 

The treatment granted to the Republic of Tajikistan under this Agreement shall in no case be 
more favourable than that granted by the Member States to each other. 

ARTICLE 91 

For the purposes of this Agreement, the term "Parties" shall mean the Republic of Tajikistan, on 
the  one  part,  and  the  Community,  or  the  Member  States,  or  the  Community  and  the  Member 
States, in accordance with their respective powers, on the other part. 

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ARTICLE 92 

Insofar  as  matters  covered  by  this  Agreement  are  covered  by  the  Energy  Charter  Treaty  and 
Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters 
but only to the extent that such application is provided for therein. 

ARTICLE 93 

This  Agreement  is  concluded  for  an  initial  period  of  ten  years,  after  which  time  it  shall  be 
automatically  renewed  from  year  to  year,  provided  that  neither  Party  gives  the  other  Party 
written notice of denunciation of this Agreement six months before it expires. 

ARTICLE 94 

1. 

2. 

The  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations under this Agreement. They shall see to it that the objectives set  out in 
this Agreement are attained. 

If either Party  considers that the other Party has failed to fulfil an obligation under 
this Agreement, it may take appropriate measures. Before so doing, except in cases 
of  special  urgency,  it  shall  supply  the  Cooperation  Council  with  all  relevant 
information  required  for  a  thorough  examination  of  the  situation  with  a  view  to 
seeking a solution acceptable to the Parties. 

In the selection of these measures, priority must be given to those which least disturb 
the functioning of this Agreement. These measures shall be notified immediately to 
the Cooperation Council if the other Party so requests. 

ARTICLE 95 

Annexes  I,  II,  III  and  IV  together  with  the  Protocol  shall  form  an  integral  part  of  this 
Agreement. 

ARTICLE 96 

This  Agreement  shall  not,  until  equivalent  rights  have  been  achieved  hereunder,  affect  rights 
assured  to  individuals  and  economic  operators  by  existing  Agreements  binding  one  or  more 
Member States, on the one hand, and the Republic of Tajikistan, on the other, except in areas 
falling  within  Community  competence  and  without  prejudice  to  the  obligations  of  Member 
States resulting from this Agreement in areas falling within their competence. 

ARTICLE 97 

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing 
the European Community and the European Atomic Energy Community are applied and under 
the conditions laid down in those Treaties and, on the other hand, to the territory of the Republic 
of Tajikistan. 

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ARTICLE 98 

The  Secretary-General  of  the  Council  of  the  European  Union  shall  be  the  depositary  of  this 
Agreement. 

ARTICLE 99 

The original of this Agreement, of which the Czech, Danish, Dutch, English, Estonian, Finnish, 
French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 
Slovak,  Slovene,  Spanish,  Swedish  and  Tajik  languages  are  equally  authentic,  shall  be 
deposited with the Secretary-General of the Council of the European Union. 

ARTICLE 100 

This Agreement shall be approved by the Parties in accordance with their own procedures. 

This Agreement shall enter into force on the first day of the second month following the date on 
which the Parties notify the Secretary-General of the Council of the European Union that the 
procedures referred to in the first subparagraph have been completed. 

Upon  its  entry  into  force,  and  as  far  as  relations  between  the  Republic  of  Tajikistan  and  the 
Community are concerned, this Agreement shall replace the Agreement between the European 
Economic Community and the Union of Soviet Socialist Republics on trade and economic and 
commercial cooperation signed in Brussels on 18 December 1989. 

ARTICLE 101 

In the event that, pending the completion of the procedures necessary for the entry into force of 
this Agreement, the provisions of certain parts of this Agreement are put into effect by means of 
an Interim Agreement between the Community and the Republic of Tajikistan, the Parties agree 
that, in such circumstances, the term "date of entry into force of this Agreement" shall mean the 
date of entry into force of the Interim Agreement. 

FOR THE MEMBER STATES 

FOR THE EUROPEAN COMMUNITY 

FOR THE REPUBLIC OF TAJIKISTAN 

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List of Documents attached 

Annex I 

Indicative  list  of  advantages  granted  by  the  Republic  of  Tajikistan  to  the 
Independent States in accordance with Article 7(3). 

Annex II 

Community reservations in accordance with Article 21(2). 

Annex III 

Financial services in accordance with Article 23(3). 

Annex IV 

Intellectual,  industrial  and  commercial  property  conventions  referred  to  in 
Article 39. 

Protocol on mutual administrative assistance in customs matters. 

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ANNEX I 

Indicative list of advantages granted 

by the Republic of Tajikistan to the Commonwealth Independent States 

In accordance with Article 7 paragraph 3 

Republic  of  Belarus,  Republic  of  Kazakhstan,  Kyrghyz  Republic,  Russian 
Federation : customs duties are not applicable. 

The  commodities 
cooperation with CIS countries are not taxable. 

transported 

in  accordance  with 

treatments  on 

industrial 

The  Certificate  of  Compliance  for  Serial  Production  is  recognized  with  all  CIS 
countries, on the basis of which National Certificate of Compliance is issued. 

There is a special system of current payment with all CIS countries. 

There are special terms for transit with all CIS countries. 

1. 

2. 

3. 

4. 

5. 

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Community reservations in accordance with Article 21 paragraph 2 

ANNEX II  

Mining 

In some Member States, a concession may be required for mining and mineral rights for non-
Community controlled companies. 

Fishing 

Access  to  and  use  of  the  biological  resources  and  fishing  grounds  situated  in  the  maritime 
waters  coming  under  the  sovereignty  or  within  the  jurisdiction  of  Member  States  of  the 
Community is restricted to fishing vessels flying the flag of a Community Member State and 
registered in Community territory unless otherwise provided for. 

Real estate purchase 

In some Member States, the purchase of real estate by non-Community companies is subject to 
restrictions.  

Audiovisual services including radio 

National  treatment  concerning  production  and  distribution,  including  broadcasting  and  other 
forms  of  transmission  to  the  public,  may  be  reserved  to  audiovisual  works  meeting  certain 
origin criteria, but this excludes radio-broadcasting infrastructure for the transmission of such 
audiovisual works. 

Professional services 

Services  reserved  to  natural  persons  who  are  nationals  of  Member  States.  Under  certain 
conditions those persons may create companies. 

Agriculture 

In  some  Member  States  national  treatment  is  not  applicable  to  non-Community  controlled 
companies which wish to undertake an agricultural enterprise. The acquisition of vineyards by 
non-Community controlled companies is subject to notification, or, as necessary, authorisation. 

News agency services 

In some Member States limitations exist on foreign participation in publishing companies and 
broadcasting companies. 

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ANNEX III 

Financial services 

referred to in Article 23(3)  

A financial service is any service of a financial nature offered by a financial service provider of 
a Party. Financial services include the following activities: 

A. 

1. 

2. 

3. 

4. 

B. 

1. 

2. 

3. 

4. 

5. 

6. 

All insurance and insurance-related services; 

Direct insurance (including co-insurance):  

(i) life, 

(ii) non-life. 

Reinsurance and retrocession. 

Insurance intermediation, such as brokerage and agency. 

Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and 
claim settlement services. 

Banking and other financial services (excluding insurance). 

Acceptance of deposits and other repayable funds from the public. 

Lending  of  all  types,  including,  inter  alia,  consumer  credit,  mortgage  credit, 
factoring and financing of commercial transaction. 

Financial leasing. 

All  payment  and  money  transmission  services,  including  credit  charge  and  debit 
cards, travellers cheques and bankers drafts. 

Guarantees and commitments. 

Trading for own account or for the account of customers, whether on an exchange, 
in an over the counter market or otherwise, the following: 

(a)  money market instruments (cheques, bills, certificates of deposits, etc.), 

(b) 

foreign exchange, 

(c) 

derivative products including, but not limited to, futures and options, 

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(d) 

exchange rates and interest rate instruments, including products such as swaps, 
forward rate agreements, etc., 

(e) 

transferable securities, 

(f) 

other negotiable instruments and financial assets, including bullion. 

Participation  in  issues  of  all  kinds  of  securities,  including  underwriting  and 
placement as agent (whether publicly or privately) and provision of services related 
to such issues. 

Money brokering. 

Asset  management,  such  as  cash  or  portfolio  management,  all  forms  of  collective 
investment  management,  pension  fund  management,  custodial  depository  and  trust 
services. 

Settlement and clearing services for financial assets, including securities, derivative 
products, and other negotiable instruments. 

Advisory  intermediation  and  other  auxiliary  financial  services  on  all  the  activities 
listed  in  points  1  to  10  above,  including  credit  reference  and  analysis,  investment 
and  portfolio  research  and  advice,  advice  on  acquisitions  and  on  corporate 
restructuring and strategy. 

7. 

8. 

9. 

10. 

11. 

12. 

Provision  and  transfer  of  financial  information,  and  financial  data  processing  and 
related software by providers of other financial services. 

The following activities are excluded from the definition of financial services: 

(a) 

(b) 

(c) 

Activities carried out by central banks or by any other public institution in pursuit of 
monetary and exchange rate policies. 

Activities  conducted  by  central  banks,  government  agencies  or  departments,  or 
public institutions, for the account or with the guarantee of the government, except 
when  those  activities  may  be  carried  out  by  financial  service  providers  in 
competition with such public entities. 

Activities forming part of a statutory system of social security or public retirement 
plans, except when those activities may be carried out by financial service providers 
in competition with public entities or private institutions. 

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ANNEX IV 

Intellectual, industrial and commercial property conventions 

referred to in Article 39 

1. 

Article 39(2) concerns the following multilateral conventions: 

- 

- 

- 

International  Convention  for  the  Protection  of  Performers,  Producers  of 
Phonograms and Broadcasting Organisations (Rome, 1961); 

Protocol relating to the Madrid Agreement concerning the International 

- 
Registration of Marks (Madrid, 1989); 

International  Convention  for  the  Protection  of  New  Varieties  of  Plants 
(UPOV) (Geneva Act, 1991). 

The  Cooperation  Council  may  recommend  that  Article  39(2)  shall  apply  to  other 
multilateral  conventions.  If  problems  in  the  area  of  intellectual,  industrial  and 
commercial property affecting trading conditions were to occur, urgent consultations 
will be undertaken, at the request of either Party, with a view to reaching mutually 
satisfactory solutions. 

The  Parties  confirm  the  importance  they  attach  to  the  obligations  arising  from  the 
following multilateral conventions: 

- 

- 

Paris  Convention  for  the  Protection  of  Industrial  Property  (Stockholm  Act, 
1967 and amended in 1979); 

Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified 
in 1984).- 
Revised  Berne  Convention  for  the  protection  of  literacy  and 
artistic works (1886 lastly amended in 1979) 

- 

Trademark Law Treaty (Geneva 1994)  

From the entry into force of this Agreement, the Republic of Tajikistan shall grant to 
Community companies and nationals, in respect of the recognition and protection of 
intellectual,  industrial  and  commercial  property,  treatment  no  less  favourable  than 
that granted by it to any third country under bilateral agreements. 

The provisions of paragraph 4 shall not apply to advantages granted by the Republic 
of Tajikistan to any third country on an effective reciprocal basis and to advantages 
granted by the Republic of Tajikistan to another country of the former USSR.  

2. 

3. 

4. 

5. 

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ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS 

PROTOCOL 

ARTICLE 1 

Definitions 

For the purposes of this Protocol: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

2. 

"customs legislation" shall mean any legal or regulatory provisions applicable in the 
territory of the Contracting Parties governing the import, export and transit of goods 
and their placing under any other customs regime or procedure, including measures 
of prohibition, restriction and control adopted by the said Parties; 

"applicant  authority"  shall  mean  a  competent  administrative  authority  which  has 
been appointed by a Contracting Party for this purpose and which makes a request 
for assistance in customs matters; 

"requested  authority"  shall  mean  a  competent  administrative  authority  which  has 
been  appointed  by  a  Party  for  this  purpose  and  which  receives  a  request  for 
assistance in customs matters; 

"personal  data"  shall  mean  all  information  relating  to  an  identified  or  identifiable 
individual; 

"operation  in  breach  of  customs  legislation"  shall  mean  any  violation  or  attempted 
violation of customs legislation. 

ARTICLE 2 

Scope 

The  Parties  shall  assist  each  other,  in  the  areas  within  their  competence,  in 
accordance with the arrangements and the conditions laid down in this Protocol, to 
ensure that the customs legislation is correctly applied, in particular with a view to 
preventing, investigating and prosecuting operations in breach of that legislation. 

Assistance, in customs matters, as provided  for in this Protocol,  shall apply to any 
administrative  authority  of  the  Contracting  Parties  which  is  competent  for  the 
application  of  this  Protocol.  It  shall  not  prejudice  the  provisions  governing  mutual 
assistance in criminal matters. Nor shall it cover information obtained under powers 
exercised at the request of the judicial authorities,  except where  communication of 
such information is authorised by the said authorities. 

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ARTICLE 3 

Assistance on request 

1. 

2. 

At the request of the applicant authority, the requested authority shall furnish it with 
all  relevant  information  which  may  enable  it  to  ensure  compliance  with  customs 
legislation,  including  information  regarding  operations  noted  or  planned  which  are 
or might be in breach of that legislation. 

At the request of the applicant authority, the requested authority shall inform it as to 
whether: 

(a) 

(b) 

goods exported from the territory of one of the Contracting Parties have been 
properly  imported  into  the  territory  of  the  other  Party,  specifying,  where 
appropriate, the customs procedure applied to the goods; 

if the goods imported into the territory of one of the Contracting Parties have 
been properly imported into the territory of the other Party, specifying, where 
appropriate, the customs procedure applied to the goods.  

3. 

At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  within  the 
framework  of  its  legal  or  regulatory  provisions,  take  the  necessary  steps  to  ensure 
special surveillance of: 

(a) 

natural  or  legal  persons  of  whom  there  are  reasonable  grounds  for  believing 
that  they  carry  out  or  have  carried  out  operations  in  breach  of  customs 
legislation; 

(b)  places where stocks of goods have been or may be assembled in such a way 
that  there  are  reasonable  grounds  for  suspecting  that  they  are  intended  to  be 
used in operations in breach of customs legislation; 

(c) 

goods that are or may be transported  in such a way that there are reasonable 
grounds for suspecting that they are intended to be used in operations in breach 
of customs legislation; 

(d)  means  of  transport  for  which  there  are  reasonable  grounds  for  believing  that 
they have been, or may be used in operations in breach of customs legislation. 

ARTICLE 4 

Spontaneous assistance 

The Contracting Parties shall provide each other, at their own initiative and in accordance with 
their  laws,  rules  and  other  legal  instruments,  with  assistance  if  they  consider  that  to  be 
necessary  for  the  correct  application  of  customs  legislation,  particularly  when  they  obtain 
information pertaining to: 

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- 

- 

- 

- 

- 

activities  which  constitute  or  appear  to  constitute  operations  in  breach  of  customs 
legislation and which may be of interest to another Contracting Party; 

new  means  or  methods  employed  in  carrying  out  operations  in  breach  of  customs 
legislation; 

goods known to be subject to operations in breach of customs legislation; 

natural or legal persons concerning whom there are reasonable grounds for believing 
that they are or have been involved in operations in breach of customs legislation; 

means of transport concerning which there are reasonable grounds for believing that 
they have been, are or may be used in operations in breach of customs legislation. 

ARTICLE 5 

Delivery/Notification 

At the request of the applicant authority, the requested authority shall, in accordance with its 
applicable legal or regulatory provisions, take all necessary measures in order: 

- 

- 

to deliver all documents, 

to notify all decisions 

emanating  from  the  applicant  authority  and  falling  within  the  scope  of  this  Protocol  to  an 
addressee, residing or established in its territory. In such a case, Article 6(3) shall apply to the 
requests for communication or notification. 

ARTICLE 6 

Form and substance of requests for assistance 

1. 

Requests  pursuant  to  this  Protocol  shall  be  made  in  writing.  They  shall  be 
accompanied  by  the  documents  necessary  to  enable  compliance  with  the  request. 
When  required  because  of  the  urgency  of  the  situation,  oral  requests  may  be 
accepted, but must be confirmed in writing immediately. 

2. 

Requests pursuant to paragraph 1 shall include the following information: 

(a) 

the applicant authority making the request; 

(b) 

the measure requested; 

(c) 

the object of and the reason for the request; 

(d) 

the laws, rules and other legal elements involved; 

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(e) 

indications  as  exact  and  comprehensive  as  possible  on  the  natural  or  legal 
persons who are the target of the investigations; 

(f) 

a summary of the relevant facts and of the enquiries already carried out. 

Requests shall be submitted in an official language of the requested authority or in a 
language acceptable to that authority. 

If a request does not meet the formal requirements, its correction or completion may 
be requested; precautionary measures may, however, be ordered. 

ARTICLE 7 

Execution of requests 

In  order  to  comply  with  a  request  for  assistance,  the  requested  authority  shall 
proceed,  within  the  limits  of  its  competence  and  available  resources,  as  though  it 
were  acting  on  its  own  account  or  at  the  request  of  other  authorities  of  that  same 
Party,  by  supplying  information  already  possessed,  by  carrying  out  appropriate 
enquiries or by arranging for them to be carried out. This provision shall also apply 
to  any  other  authority  to  which  the  request  has  been  addressed  by  the  requested 
authority  by  virtue  of  this  protocol  when  the  requested  authority  cannot  act  on  its 
own. 

Requests  for  assistance  shall  be  executed  in  accordance  with  the  laws,  rules  and 
other legal instruments of the requested Contracting Party. 

Duly authorised officials of a Contracting Party may, with the agreement of the other 
Party involved and subject to the conditions laid down by the latter, obtain from the 
offices of the requested authority or other authority for which the requested authority 
is responsible, information relating to operations which are or may be in breach of 
customs  legislation  which  the  applicant  authority  needs  for  the  purposes  of  this 
Protocol. 

Officials of a Party may, with the agreement of the other Contracting Party involved 
and subject to the conditions laid down by the latter, be present at enquiries carried 
out in the latter's territory. 

ARTICLE 8 

Form in which information is to be communicated 

The  requested  authority  shall  communicate  results  of  enquiries  to  the  applicant 
authority  in  the  form  of  documents,  certified  copies  of  documents,  reports  and  the 
like. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

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2. 

3. 

The provision of documents provided for in paragraph 1 may be replaced by that of 
information produced in any form for the same purpose by computerised means.  

Original files and documents shall be requested only in cases where certified copies 
would be insufficient. Originals which have been transmitted shall be returned at the 
earliest opportunity. 

ARTICLE 9 

Exceptions to the obligation to provide assistance 

1. 

The Parties may refuse to give assistance as provided for in this Protocol, where to 
do so would: 

be likely to prejudice the sovereignty of the Republic of Tajikistan or that of a 
Member State which has been asked to provide assistance under this Protocol; 

(a) 

or 

(b)  be  likely  to  prejudice  public  policy,  security  or  other  essential  interests,  in 

particular in the cases referred to under Article 10(2); 

or 

(c) 

violate an industrial, commercial or professional secret. 

Assistance  may  be  postponed  by  the  requested  authority  on  the  ground  that  it  will 
interfere  with  an  ongoing  investigation,  prosecution  or  proceeding.  In  such  a  case, 
the  requested  authority  shall  consult  with  the  applicant  authority  to  determine  if 
assistance can be given subject to such terms or conditions as the requested authority 
may require. 

Where the applicant authority requests assistance which it would itself be unable to 
provide if so asked, it shall draw attention to that fact in its request. It shall then be 
left to the requested authority to decide how to respond to such a request. 

If assistance is refused, the decision and the reasons therefore must be notified to the 
applicant authority without delay. 

ARTICLE 10 

Information exchange and confidentiality 

Any  information communicated in  whatsoever form pursuant to this Protocol shall 
be of a confidential or restricted nature, depending on the rules applicable in each of 
the Parties. It shall be covered by the obligation of official secrecy and shall enjoy 
the protection extended to similar information under the relevant laws of the Party 

2. 

3. 

4. 

1. 

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2. 

3. 

4. 

5. 

1. 

which  received  it  and  the  corresponding  provisions  applying  to  the  Community 
institutions. 

Personal  data  may  be  exchanged  only  where  the  receiving  Party  undertakes  to 
protect such data in at least an equivalent way to the one applicable to that particular 
case in the supplying Party. 

Information  obtained  shall  be  used  solely  for  the  purposes  of  this  Protocol.  Where 
one of the Parties requests the use of such information for other purposes, it shall ask 
for the prior written consent of the authority which furnished the information. Such 
use shall then be subject to any restrictions laid down by that authority. 

Paragraph 3 shall not impede the use of information in any judicial or administrative 
proceedings  subsequently  instituted  for  failure  to  comply  with  customs  legislation. 
The  competent  authority  which  supplied  that  information  shall  be  immediately 
notified of such use. 

The  Parties  may,  in  their  records  of  evidence,  reports  and  testimonies  and  in 
proceedings  and  charges  brought  before  the  courts,  use  as  evidence  information 
obtained  and  documents  consulted  in  accordance  with  the  provisions  of  this 
Protocol. 

ARTICLE 11 

Experts and witnesses 

An  official  of  a  requested  authority  may  be  authorised  to  appear,  within  the 
limitations  of  the  authorization  granted,  as  an  expert  or  witness  in  judicial  or 
administrative  proceedings  regarding  the  matters  covered  by  this  Protocol  in  the 
jurisdiction of the other Party, and produce such objects, documents or authenticated 
copies thereof, as may be needed for the proceedings. The request for an appearance 
must indicate specifically on what matters and by virtue of what title or qualification 
the official will be questioned. 

2. 

The official shall enjoy the protection guaranteed by existing legislation to officials 
of the applicant authority on its territory. 

ARTICLE 12 

Assistance expenses 

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses 
incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses 
and to interpreters and translators who are not public service employees. 

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ARTICLE 13 

Implementation 

1. 

2. 

The application of this Protocol shall be entrusted to the central customs authorities 
of the Republic of Tajikistan on the one hand and to the competent services of the 
Commission  of  the  European  Communities  and,  where  appropriate,  the  customs 
authorities  of  the  Member  States  on  the  other.  They  shall  decide  on  all  practical 
measures  and  arrangements  necessary  for  its  application,  taking  into  consideration 
the  rules  in  force  in  the  field  of  data  protection.  They  may  recommend  to  the 
competent bodies amendments which they consider should be made to this Protocol. 

The Parties shall consult each other and subsequently keep each other informed of 
the  detailed  rules  of  implementation  which  are  adopted  in  accordance  with  the 
provisions of this Protocol. 

ARTICLE 14 

Other agreements 

1. 

Taking into account the respective competences of the European Community and the 
Member States, the provisions of this Protocol shall: 

- 

- 

- 

not  affect  the  obligations  of  the  Contracting  Parties  under  any  other 
international agreement or convention; 

be deemed complementary with agreements on mutual assistance which have 
been or may be concluded between individual Member States and the Republic 
of Tajikistan; and 

not affect the provisions governing the communication between the competent 
services of the Commission and the customs authorities of the Member States 
of  any  information  obtained  in  the  fields  covered  by  this  agreement  which 
could be of interest to the Community. 

2. 

3. 

Notwithstanding  the  provisions  of  paragraph  1,  the  provisions  of  this  agreement 
shall  take  precedence  over  the  provisions  of  the  bilateral  agreement  on  mutual 
assistance which have been or may be concluded between individual Member States 
and the Republic of Tajikistan insofar as the provisions of the latter are incompatible 
with those of this Protocol. 

In respect of questions relating to the applicability of this Protocol, the Contracting 
Parties  shall  consult  each  other  to  resolve  the  matter  in  the  framework  of  the 
Cooperation Committee established under Article 79 of the Agreement. 

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FINAL ACT

EN 

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The plenipotentiaries of: 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

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THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY and the Treaty 
establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, 

hereinafter referred to as "the Member States", and 

the  EUROPEAN  COMMUNITY,  and  of 

of 
COMMUNITY, 

the  EUROPEAN  ATOMIC  ENERGY 

hereinafter referred to as "the Community", 

of the one part, and 

the plenipotentiaries of THE REPUBLIC OF TAJIKISTAN, 

of the other part, 

meeting at Brussels, this, 
for the signature of the Partnership and Cooperation Agreement 
establishing a partnership between the European Communities and their Member States, of the 
one  part,  and  the  Republic  of  Tajikistan,  of  the  other  part,  hereinafter  referred  to  as  the 
"Agreement", have adopted the following texts: 

the Agreement including its Annexes and the following Protocol: 

the Protocol on mutual administrative assistance in customs matters. 

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of 
the  Republic  of  Tajikistan  have  adopted  the  texts  of  the  Joint  Declarations  listed  below  and 
annexed to this Final Act: 

Joint Declaration on personal data. 

Joint Declaration concerning Article 5 of the Agreement. 

Joint Declaration concerning Article 13 of the Agreement. 

Joint Declaration concerning the notion of "control" in Article 23(b) and Article 34. 

Joint Declaration concerning Article 33 of the Agreement. 

Joint Declaration concerning Article 40 of the Agreement. 

Joint Declaration concerning Article 94 of the Agreement. 

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The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of 
the Republic of Tajikistan have also taken note of the Declaration of the Commission and the 
Council of the European Union on the clause concerning the return and readmission of illegal 
immigrants (Article 70) annexed to this Final Act. 

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of 
the Republic of Tajikistan have also taken note of the following Exchange of Letters annexed to 
this Final Act: 

Exchange of Letters between the Community and the Republic of Tajikistan in relation to the 
establishment of companies. 

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of 
the Republic of Tajikistan have further taken note of the following Declaration annexed to this 
Final Act: 

Declaration by the French Government. 

JOINT DECLARATION ON PERSONAL DATA 

In applying this Agreement, the Parties are aware of the necessity of an adequate protection of 
individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free  movement  of  such 
data. 

JOINT DECLARATION CONCERNING ARTICLE 5 

Should the Parties agree that circumstances warrant meetings at the highest level, such meetings 
may be arranged on an ad hoc basis. 

JOINT DECLARATION CONCERNING ARTICLE 13 

Until the Republic of Tajikistan accedes to the WTO, the Parties shall hold consultations in the 
Cooperation Committee on the Republic of Tajikistan's import tariff policies, including changes 
in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff 
protection. 

JOINT DECLARATION CONCERNING THE NOTION OF "CONTROL"  

IN ARTICLE 22(b) AND ARTICLE 33 

1. 

2. 

The  Parties  confirm  their  mutual  understanding  that  the  question  of  control  shall 
depend on the factual circumstances of the particular case. 

A  company  shall,  for  example,  be  considered  as  being  "controlled"  by  another 
company, and thus a subsidiary of such other company if: 

- 

the other company holds directly or indirectly a majority of the voting rights, or 

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- 

the  other  company  has  the  right  to  appoint  or  dismiss  a  majority  of  the 
administrative organ, of the management organ or of the supervisory organ and 
is at the same time a shareholder or member of the subsidiary. 

3. 

The Parties consider the criteria in paragraph 2 to be non-exhaustive. 

JOINT DECLARATION CONCERNING ARTICLE 32 

The sole fact of requiring a visa for natural persons of certain Parties and not for those of others 
shall not be regarded as nullifying or impairing benefits under a specific commitment. 

JOINT DECLARATION CONCERNING ARTICLE 39 

The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial 
property  includes  in  particular  copyright,  including  the  copyright  in  computer  programs,  and 
neighbouring rights, the rights relating to patents, industrial designs, geographical indications, 
including  appellations  of  origin,  trademarks  and  service  marks,  topographies  of  integrated 
circuits as well as protection against unfair competition as referred to in Article 10bis of the Paris 
Convention for the protection of Industrial Property and protection of undisclosed information 
on know-how. 

1. 

2. 

JOINT DECLARATION CONCERNING ARTICLE 94 

The  Parties  agree,  for  the  purpose  of  its  correct  interpretation  and  its  practical 
application,  that  the  term  "cases  of  special  urgency"  included  in  Article  94  of  the 
Agreement means cases of material breach of the Agreement by one of the Parties. A 
material breach of the Agreement consists in: 

repudiation  of  the  Agreement  not  sanctioned  by  the  general  rules  of 
international law, 

(a) 

or 

(b)  violation of the essential elements of the Agreement set out in Article 2. 

The  Parties  agree  that  the  "appropriate  measures"  referred  to  in  Article  94  are 
measures taken in accordance with international law. If a Party takes a measure in a 
case of special urgency as provided for under Article 94, the other Party may avail 
itself of the procedure relating to settlement of dispute. 

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DECLARATION OF THE COMMISSION AND THE COUNCIL OF THE EUROPEAN 
UNION ON THE CLAUSE CONCERNING THE RETURN AND READMISSION OF 
ILLEGAL IMMIGRANTS (ARTICLE 70) 

Article 70 shall be without prejudice to the internal division of powers between the European 
Community and its Member States for the conclusion of readmission agreements. 

FOR THE MEMBER STATES 

FOR THE EUROPEAN COMMUNITY 

FOR THE REPUBLIC OF TAJIKISTAN 

EN 

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   EN 

 
EXCHANGE OF LETTERS 

BETWEEN THE COMMUNITY 

AND THE REPUBLIC OF TAJIKISTAN 

CONCERNING THE ESTABLISHMENT OF COMPANIES 

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A. Letter from the Government of the Republic of Tajikistan 

Dear Sir, 

I refer to the Partnership and Cooperation Agreement initialled on 16.12.2003. 

As  I  underlined  during  the  negotiations,  the  Republic  of  Tajikistan  grants  to  Community 
companies establishing and operating in Tajikistan in certain respects a privileged treatment. I 
explained  that  this  reflects  the  Tajik  policy  to  promote  by  all  means  the  establishment  of 
Community companies in the Republic of Tajikistan. 

With this in mind, it is my understanding that during the period between the date of initialling of 
this agreement and the entry into force of the relevant articles on establishment of companies, 
the  Republic  of  Tajikistan  shall  not  adopt  measures  or  regulations  which  would  introduce  or 
worsen discrimination against Community companies vis-à-vis Tajik companies or companies 
from  any  third  country  as  compared  to  the  situation  existing  on  the  date  of  initialling  of  this 
Agreement.  

I would be obliged if you would acknowledge receipt of this letter. 

Please accept, Sir, the assurance of my highest consideration. 

For the Government of 
the Republic of Tajikistan 

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B.  Letter from the European Community 

Dear Sir, 

Thank you for your letter of today's date, which reads as follows: 

"I refer to the Partnership and Cooperation Agreement initialled on 16.12.2003. 

As  I  underlined  during  the  negotiations,  the  Republic  of  Tajikistan  grants  to  Community 
companies  establishing  and  operating  in  the  Republic  of  Tajikistan  in  certain  respects  a 
privileged treatment. I explained that this reflects the Tajik policy to promote by all means the 
establishment of Community companies in the Republic of Tajikistan. 

With this in mind, it is my understanding that during the period between the date of initialling of 
this agreement and the entry into force of the relevant articles on establishment of companies, 
the  Republic  of  Tajikistan  shall  not  adopt  measures  or  regulations  which  would  introduce  or 
worsen discrimination against Community companies vis-à-vis Tajik companies or companies 
from  any  third  country  as  compared  to  the  situation  existing  on  the  date  of  initialling  of  this 
Agreement.  

I would be obliged if you would acknowledge receipt of this letter." 

I acknowledge receipt of the letter. 

Please accept, Sir, the assurance of my highest consideration. 

On behalf of 
the European Community 

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INTERIM AGREEMENT 

On trade and trade related matters between the European community and the 
European atomic energy community of the one part and the Republic of Tajikistan of 
the other part 

The EUROPEAN COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, 
herein after referred to as “THE COMMUNITY” 

of the one part, 

and the REPUBLIC OF TAJIKISTAN  

of the other part, 

Whereas an Agreement on Partnership and Cooperation between the European Communities 
and their Member States, of the one part and the Republic of Tajikistan of the other part was 
initialled on the 16 December 2003, 

Whereas  the  aim  of  the  Partnership  and  Cooperation  Agreement  is  to  strengthen  and  widen 
the relations established previously, notably by the Agreement on Trade and Commercial and 
Economic  Cooperation  between  the  European  Economic  Community,  the  European  Atomic 
Energy Community, and the USSR signed on December 1989; 

Whereas it is necessary to ensure the rapid development of trade relations between the Parties; 

Whereas  to  this  end  it  is  necessary  to  implement  as  speedily  as  possible,  by  means  of  an 
Interim Agreement, the provisions of the Partnership and Cooperation Agreement concerning 
trade and trade-related matters; 

Whereas the said provisions should, accordingly, replace the relevant provisions of the Trade 
and Commercial and Economic Cooperation Agreement; 

Whereas  it  is  necessary  to  ensure  that  pending  the  entry  into  force  of  the  Partnership  and 
Cooperation  Agreement  and  the  establishment  of  the  Cooperation  Council,  the  Joint 
Committee set up under the Agreement on Trade and Commercial and Economic Cooperation 
may  exercise  the  powers  assigned  by  the  Partnership  and  Cooperation  Agreement  to  the 
Cooperation Council, which are necessary in order to implement the Interim Agreement; 

Have  decided  to  conclude  this  Agreement  and  to  this  end  have  designated  as  their 
plenipotentiaries:  

THE EUROPEAN COMMUNITY: 

THE REPUBLIC OF TAJIKISTAN: 

Who, having exchanged their Full Powers, found in good and due form, 

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Have agreed as follows: 

TITLE I: GENERAL PRINCIPLES 

[PCA TAJIKISTAN: TITLE I] 

Article 1 

[PCA TAJIKISTAN: ARTICLE 2] 

Respect for democratic principles and fundamental and human rights, as defined in particular in 
the Universal Declaration of Human Rights, the United Nations Charter, the Helsinki Final Act 
and the Charter of Paris for a New Europe, as well as the principles of market economy, underpin 
the  internal  and  external  policies  of  the  Parties  and  constitute  an  essential  element  of  this 
Agreement. 

Article 2 

[PCA TAJIKISTAN: ARTICLE 3] 

The  Parties  consider  that  it  is  essential  for  their  future  prosperity  and  stability  that  the  newly 
independent  states  which  have  emerged  from  the  dissolution  of  the  Union  of  Soviet  Socialist 
Republics,  hereinafter  called  "Independent  States",  should  maintain  and  develop  cooperation 
among  themselves  in  compliance  with  the  principles  of  the  Helsinki  Final  Act  and  with 
international law and in the spirit of good neighbourly relations, and will make every effort to 
encourage this process. 

TITLE II: TRADE IN GOODS 

[PCA TAJIKISTAN: TITLE III] 

Article 3 

[PCA TAJIKISTAN: ARTICLE 7] 

1. 

- 

- 

- 

The  Parties  shall  accord  one  another  most-favoured-nation  treatment  in  all  areas  in 
respect of: 

customs duties and charges applied to imports and exports, including the method of 
collecting such duties and charges; 

provisions relating to customs clearance, transit, warehouses and transhipment; 

taxes and other internal charges of any kind applied directly or indirectly to imported 
goods; 

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- 

- 

methods of payment and the transfer of such payments; 

the rules relating to the sale, purchase, transport, distribution and use of goods on the 
domestic market. 

2. 

The provisions of paragraph 1 shall not apply to: 

(a) 

(b) 

advantages  granted  with  the  aim  of  creating  a  customs  union  or  a  free-trade 
area or pursuant to the creation of such a union or area; 

advantages granted to particular countries in accordance with WTO rules and 
with other international arrangements in favour of developing countries; 

(c) 

advantages accorded to adjacent countries in order to facilitate frontier traffic. 

3. 

The provisions of paragraph 1 shall not apply, during a transitional period expiring 
five years after the entry into force of the Partnership and Cooperation Agreement, to 
advantages defined in Annex I granted by the Republic of Tajikistan to other states 
which have emerged from the dissolution of the USSR. 

Article 4 

[PCA TAJIKISTAN: ARTICLE 8] 

1. 

The  Parties  agree  that  the  principle  of  free  transit  is  an  essential  condition  of 
attaining the objectives of this Agreement. 

In  this  connection  each  Party  shall  secure  unrestricted  transit  via  or  through  its 
territory  of  goods  originating  in  the  customs  territory  or  destined  for  the  customs 
territory of the other Party. 

2. 

3. 

The  rules  described  in  Article  V,  paragraphs  2,  3,  4  and  5  of  the  GATT  1994  are 
applicable between the Parties. 

The rules contained in this Article are without prejudice to any special rules agreed 
between the Parties relating to specific sectors, in particular transport, or products. 

Article 5 

[PCA TAJIKISTAN: ARTICLE 9] 

Without prejudice to the rights and obligations stemming from international conventions on the 
temporary  admission  of  goods  which  bind  the  Parties,  each  Party  shall  grant  the  other  Party 
exemption from import charges and duties on goods admitted temporarily, in the instances and 
according  to  the  procedures  stipulated  by  any  other  international  convention  on  this  matter 

EN 

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binding  upon  it,  in  conformity  with  its  legislation.  Account  shall  be  taken  of  the  conditions 
under which the obligations stemming from such a convention have been accepted by the Party 
in question. 

Article 6 

[PCA TAJIKISTAN: ARTICLE 10] 

1. 

2. 

Goods  originating  in  the  Republic  of  Tajikistan  shall  be  imported  into  the 
Community  free  of  quantitative  restrictions  or  measures  having  equivalent  effect, 
without prejudice to the provisions of Articles 12, 15 and 16 of this Agreement. 

Goods  originating  in  the  Community  shall  be  imported  into  Tajikistan  free  of 
quantitative  restrictions  or  measures  having  equivalent  effect,  without  prejudice  to 
the provisions of Articles 12, 15 and 16 of this Agreement. 

Article 7 

[PCA TAJIKISTAN: ARTICLE 11] 

Goods shall be traded between the Parties at market-related prices. 

Article 8 

[PCA TAJIKISTAN: ARTICLE 12] 

1. 

2. 

3. 

Where any product is being imported into the territory of one of the Parties in such 
increased quantities or under such conditions as to cause or threaten to cause injury 
to domestic producers of like or directly competing products, the Community or the 
Republic  of  Tajikistan,  as  the  case  may  be,  may  take  appropriate  measures  in 
accordance with the following procedures and conditions. 

Before  taking  any  measures,  or  in  cases  to  which  paragraph  4  applies  as  soon  as 
possible thereafter, the Community or the Republic of Tajikistan, as the case may be, 
shall  supply  the  Cooperation  Council  with  all  relevant  information  with  a  view  to 
seeking a solution acceptable to the Parties as provided for in Title XI. 

If, as a result of the consultations, the Parties do not reach agreement within 30 days 
of referral to the Cooperation Council on actions to remedy the situation, the Party 
which  requested  consultations  shall  be  free  to  restrict  imports  of  the  products 
concerned to the extent and for such time as is necessary to prevent or remedy the 
injury, or to adopt other appropriate measures. 

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4. 

5. 

6. 

In  critical  circumstances  where  delay  would  cause  damage  difficult  to  repair,  the 
Parties  may  take  the  measures  before  the  consultations,  on  condition  that 
consultations are offered immediately after taking such action. 

In the selection of measures under this Article, the Parties shall give priority to those 
which cause least disturbance to the achievement of the aims of this Agreement. 

Nothing in this Article shall prejudice or affect in any way the taking, by either Party, 
of  anti-dumping  or  countervailing  measures  in  accordance  with  Article  VI  of  the 
GATT 1994, the Agreement on implementation of Article VI of the GATT 1994, the 
Agreement on Subsidies and Countervailing Measures or related internal legislation. 

Article 9 

[PCA TAJIKISTAN: ARTICLE 13] 

The  Parties  undertake  to  adjust  the  provisions  in  this  Agreement  on  trade  in  goods  between 
them,  in  the  light  of  circumstances,  and  in  particular  of  the  situation  arising  from  the  future 
accession  of  the  Republic  of  Tajikistan  to  the  WTO.  The  Cooperation  Council  may  make 
recommendations  on  such  adjustments  to  the  Parties  which  could  be  put  into  effect,  where 
accepted,  by  virtue  of  agreement  between  the  Parties  in  accordance  with  their  respective 
procedures. 

Article 10 

[PCA TAJIKISTAN: ARTICLE 14] 

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in 
transit justified on grounds of public morality, public policy or public security; the protection of 
health and life of humans, animals or plants; the protection of natural resources; the protection 
of national treasures of artistic, historic or archaeological value or the protection of intellectual, 
industrial  and  commercial  property  or  rules  relating  to  gold  and  silver.  Such  prohibitions  or 
restrictions  shall  not,  however,  constitute  a  means  of  arbitrary  discrimination  or  a  disguised 
restriction on trade between the Parties. 

Article 11 

[PCA TAJIKISTAN: ARTICLE 15] 

Trade  in  textile  products  falling  under  Chapters  50  to  63  of  the  Combined  Nomenclature  is 
governed  by  a  separate  bilateral  agreement.  After  expiry  of  the  separate  agreement,  textile 
products shall be included in this Agreement.  

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Article 12 

[PCA TAJIKISTAN: ARTICLE 16] 

Trade in nuclear materials shall be conducted in accordance with the provisions of the Treaty 
establishing the European Atomic Energy Community. If necessary, trade in nuclear materials 
shall  be  subject  to  the  provisions  of  a  specific  Agreement  to  be  concluded  between  the 
European Atomic Energy Community and the Republic of Tajikistan. 

PAYMENTS, COMPETITION, AND OTHER ECONOMIC PROVISIONS 

TITLE III: 

[PCA TAJIKISTAN: TITLE IV] 

Article 13 

[PCA TAJIKISTAN: ARTICLE 38.1] 

The Parties undertake to authorise in freely convertible currency any payments on the current 
account of the balance of payments between residents of the Community and of the Republic 
of Tajikistan connected with the movement of goods, services or persons made in accordance 
with the provisions of this Agreement. 

Article 14 

[PCA TAJIKISTAN: ARTICLE 40.4] 

The Parties agree to examine ways to apply their respective competition laws on a concerted 
basis in such cases where trade between them is affected. 

Article 15 

[PCA TAJIKISTAN: ARTICLE 39.1] 

Pursuant  to  the  provisions  of  this  Article  and  of  Annex  II,  the  Republic  of  Tajikistan  shall 
continue to improve the protection of intellectual, industrial and commercial property rights in 
order to provide, by the end of the fifth year after the entry into force of this Agreement, a 
level  of  protection  similar  to  that  existing  in  the  Community,  including  effective  means  of 
enforcing such rights. 

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Article 16 

[PCA TAJIKISTAN: ARTICLE 42] 

Cooperation in the field of trade in goods and services 

The Parties will cooperate with a view to ensuring that the Republic of Tajikistan's international 
trade is conducted in conformity with the rules of the WTO. The Community shall provide the 
Republic of Tajikistan with technical assistance for this purpose. 

Such cooperation shall include specific issues directly relevant to trade facilitation, in particular 
with a view to assisting the Republic of Tajikistan to harmonise its legislation and regulations 
with  WTO  rules  and  so  fulfil  as  soon  as  possible  the  conditions  of  accession  to  that 
Organisation. These include: 

- 

- 

the  formulation  of  policy  on  trade  and  trade-related  questions,  including  payments 
and clearing mechanisms, 

the drafting of relevant legislation. 

Article 17 

[PCA TAJIKISTAN: ARTICLE 45] 

Public procurement 

The Parties shall cooperate to develop conditions for open and competitive award of contracts 
for goods and services, in particular through calls for tenders. 

Article 18 

[PCA TAJIKISTAN: ARTICLE 46] 

Cooperation in the field of standards and conformity assessment 

1. 

2. 

Cooperation between the Parties shall promote alignment with internationally agreed 
criteria, principles and guidelines in the field of metrology, standards and conformity 
assessment,  to  facilitate  progress  towards  mutual  recognition  in  the  field  of 
conformity assessment, and to improve the quality of Tajik products. 

To this end the Parties shall seek to cooperate in technical assistance projects which 
will: 

- 

promote appropriate cooperation with organisations and institutions specialised 
in these fields; 

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- 

- 

promote  the  use  of  Community  technical  regulations  and  the  application  of 
European standards and conformity-assessment procedures; 

permit  the  sharing  of  experience  and  technical  information  in  the  field  of 
quality management. 

Article 19 

[PCA TAJIKISTAN: ARTICLE 50] 

Agriculture and the agro-industrial sector 

The purpose of cooperation in this area shall be the pursuit of agrarian reform and the reform of 
agricultural  structures,  the  modernisation,  privatisation  and  restructuring  of  agriculture,  stock 
farming  and  the  agro-industrial  and  services  sectors  in  the  Republic  of  Tajikistan,  and  the 
development of domestic and foreign markets for Tajik products, in conditions that ensure the 
protection  of  the  environment,  taking  into  account  the  necessity  to  improve  security  of  food 
supply and to develop agri-business and the processing and distribution of agricultural products. 
The  Parties  shall  also  pursue  the  gradual  approximation  of  Tajik  standards  to  Community 
technical  regulations  concerning  industrial  and  agricultural  food  products,  including  sanitary 
and phytosanitary standards. 

Article 20 

[PCA TAJIKISTAN: ARTICLE 63] 

Customs 

1. 

The  aim  of  cooperation  shall  be  to  guarantee  compliance  with  all  the  provisions 
scheduled  for  adoption  in  connection  with  trade  and  fair  trade  and  to  achieve  the 
approximation  of  the  Republic  of  Tajikistan's  customs  system  to  that  of  the 
Community. 

2. 

Cooperation shall take place particularly through: 

- 

- 

- 

- 

the exchange of information; 

the improvement of working methods; 

the introduction of the Combined Nomenclature and the single administrative 
document; 

the  simplification  of  controls  and  formalities  in  respect  of  the  carriage  of 
goods; 

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- 

- 

support for the introduction of modern customs information systems; 

the organisation of seminars and training periods. 

Technical assistance shall be provided where necessary. 

3. 

Without prejudice to other cooperation under this Agreement, and in particular Title 
VIII, mutual assistance in customs matters between administrative authorities of the 
Parties shall take place in accordance with the provisions of the Protocol attached to 
this Agreement. 

Article 21 

[PCA TAJIKISTAN: ARTICLE 64] 

Statistical cooperation 

Cooperation  in  this  area  shall  pursue  the  development  of  an  efficient  statistical  system  to 
provide  the  reliable  statistics  needed  to  support  and  monitor  the  process  of  socioeconomic 
reform and contribute to the development of private enterprise in the Republic of Tajikistan. 

The Parties shall, in particular, cooperate in the following fields: 

- 

- 

- 

the adaptation of the Tajik statistical system to international methods, standards and 
classification; 

the exchange of statistical information; 

the provision of the macro- and microeconomic statistics necessary to implement and 
manage economic reforms. 

The  Community  shall  provide  the  Republic  of  Tajikistan  with  technical  assistance  for  this 
purpose. 

TITLE IV: 

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 

[PCA TAJIKISTAN: TITLE XI] 

Article 22 

The  Joint  Committee  set  up  by  the  Agreement  on  Trade  and  Commercial  and  Economic 
Cooperation  signed  between  the  European  Economic  Community  and  the  USSR  on  18 
December  1989  shall  perform  the  duties  assigned  to  it  by  this  Agreement  until  the 

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Cooperation  Council  provided  for  in  Article  77  of  the  Partnership  and  Cooperation 
Agreement is established. 

Article 23 

The Joint Committee may, for the purpose of attaining the objectives of the Agreement, make 
recommendations in the cases provided for therein. 

It shall draw up its recommendations by agreement between the Parties. 

Article 24 

[PCA TAJIKISTAN: ARTICLE 81] 

When  examining  any  issue  arising  within  the  framework  of  this  Agreement  in  relation  to  a 
provision  referring  to  an  Article  of  one  of  the  Agreements  constituting  the  WTO,  the 
Cooperation Council shall take into account to the greatest extent possible the interpretation that 
is generally given to the Article in question by the Members of the WTO. 

Article 25 

[PCA TAJIKISTAN: ARTICLE 85] 

1. 

Within the scope of this Agreement, each Party undertakes to ensure that natural and 
legal persons of the  other Party have access free of discrimination in relation  to its 
own  nationals  to  the  competent  courts  and  administrative  organs  of  the  Parties  to 
defend  their  individual  rights  and  their  property  rights,  including  those  concerning 
intellectual, industrial and commercial property. 

2. 

Within the limits of their respective powers and competences, the Parties: 

- 

- 

- 

shall encourage the adoption of arbitration for the settlement of disputes arising 
from  commercial  and  cooperation  transactions  concluded  by  economic 
operators of the Community and those of the Republic of Tajikistan; 

agree that where a dispute is submitted to arbitration, each party to the dispute 
may,  except  where  the  rules  of  the  arbitration  centre  chosen  by  the  parties 
provide otherwise, choose its own arbitrator, irrespective of his nationality, and 
that  the  presiding  third  arbitrator  or  the  sole  arbitrator  may  be  a  citizen  of  a 
third country; 

shall recommend their economic operators to choose by mutual consent the law 
applicable to their contracts; 

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- 

shall  encourage  recourse  to  the  arbitration  rules  elaborated  by  the  United 
Nations  Commission  on  International  Trade  Law  (Uncitral)  and  to  arbitration 
by  any  centre  of  a  State  signatory  to  the  Convention  on  Recognition  and 
Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958. 

Article 26 

[PCA TAJIKISTAN: ARTICLE 86] 

Nothing in this Agreement shall prevent a Party, within the limits of its respective powers and 
competences, from taking any measures: 

(a) 

(b) 

(c) 

which it considers necessary to prevent the disclosure of information contrary to its 
essential security interests; 

which relate to the production of, or trade in arms, munitions or war materials or to 
research,  development  or  production  indispensable  for  defence  purposes,  provided 
that such measures do not impair the conditions of competition in respect of products 
not intended for specifically military purposes; 

which  it  considers  essential  to  its  own  security  in  the  event  of  serious  internal 
disturbances  affecting  the  maintenance  of  law  and  order,  in  time  of  war  or  serious 
international tension constituting threat of war or in order to carry out obligations it 
has accepted for the purpose of maintaining peace and international security; 

(d) 

which it considers necessary to respect its international obligations and commitments 
in the control of dual use industrial goods and technology. 

Article 27 

[PCA TAJIKISTAN: ARTICLE 87] 

1. 

In  the  fields  covered  by  this  Agreement  and  without  prejudice  to  any  special 
provisions contained therein: 

- 

- 

the  arrangements  applied  by  the  Republic  of  Tajikistan  in  respect  of  the 
Community  shall  not  give  rise  to  any  discrimination  between  the  Member 
States, their nationals or their companies or firms; 

the  arrangements  applied  by  the  Community  in  respect  of  the  Republic  of 
Tajikistan  shall  not  give  rise  to  any  discrimination  between  Tajik  nationals, 
companies or firms. 

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2. 

1. 

2. 

3. 

The  provisions  of  paragraph  1  are  without  prejudice  to  the  right  of  the  Parties  to 
apply  the  relevant  provisions  of  their  fiscal  legislation  to  taxpayers  who  are  not  in 
identical situations as regards their place of residence. 

Article 28 

[PCA TAJIKISTAN: ARTICLE 88] 

Each of the Parties may refer to the Cooperation Council any dispute relating to the 
application or interpretation of this Agreement. 

The Cooperation Council may settle the dispute by means of a recommendation. 

If  it  is  not  possible  to  settle  the  dispute  in  accordance  with  paragraph  2  of  this 
Article,  either  Party  may  notify  the  other  of  the  appointment  of  a  conciliator;  the 
other  Party  must  then  appoint  a  second  conciliator  within  two  months.  For  the 
application  of  this  procedure,  the  Community  and  the  Member  States  shall  be 
deemed to be a single Party to the dispute. 

The Cooperation Council shall appoint a third conciliator. 

The  conciliators'  recommendations  shall  be 
recommendations shall not be binding upon the Parties. 

taken  by  majority  vote.  Such 

Article 29 

[PCA TAJIKISTAN: ARTICLE 89] 

The  Parties  agree  to  consult  each  other  promptly,  through  appropriate  channels  and  at  the 
request of either Party, on any matter concerning the interpretation or implementation of this 
Agreement and other relevant aspects of the relations between the Parties. 

The provisions of this Article shall in no way affect, and are without prejudice to, Articles 12, 
88 and 94.  

The Cooperation Council may establish rules of procedure for the settlement of disputes. 

Article 30 

[PCA TAJIKISTAN: ARTICLE 90] 

The treatment granted to the Republic of Tajikistan under this Agreement shall in no case be 
more favourable than that granted by the Member States to each other. 

EN 

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Article 31 

[PCA TAJIKISTAN: ARTICLE 92] 

Insofar  as  matters  covered  by  this  Agreement  are  covered  by  the  Energy  Charter  Treaty  and 
Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters 
but only to the extent that such application is provided for therein. 

1. 

2. 

1. 

2. 

Article 32 

This Agreement shall be applicable until the entry into force of the Partnership and 
Cooperation Agreement initialled on 16 December 2003. 

Either  Party  may  denounce  this  Agreement  by  notifying  the  other  Party.  This 
Agreement shall cease to apply six months after the date of such notification. 

Article 33 

[PCA TAJIKISTAN: ARTICLE 94] 

The  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations under this Agreement. They shall see to it that the objectives  set out in 
this Agreement are attained. 

If either Party  considers that the other Party has failed to fulfil an obligation under 
this Agreement, it may take appropriate measures. Before so doing, except in cases 
of  special  urgency,  it  shall  supply  the  Cooperation  Council  with  all  relevant 
information  required  for  a  thorough  examination  of  the  situation  with  a  view  to 
seeking a solution acceptable to the Parties. 

In the selection of these measures, priority must be given to those which least disturb 
the functioning of this Agreement. These measures shall be notified immediately to 
the Cooperation Council if the other Party so requests. 

Article 34 

[PCA TAJIKISTAN: ARTICLE 95] 

Annexes  I,  II,  III  and  IV  together  with  the  Protocol  on  mutual  administrative  assistance  in 
customs matters shall form an integral part of this Agreement. 

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Article 35 

[PCA TAJIKISTAN: ARTICLE 97] 

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing 
the European Community and the European Atomic Energy Community are applied and under 
the conditions laid down in those Treaties and, on the other hand, to the territory of the Republic 
of Tajikistan. 

Article 36 

[PCA TAJIKISTAN: ARTICLE 99] 

The original of this Agreement, of which the Czech, Danish, Dutch, English, Estonian, Finnish, 
French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 
Slovak,  Slovene,  Spanish,  Swedish  and  Tajik  languages  are  equally  authentic,  shall  be 
deposited with the Secretary-General of the Council of the European Union. 

Article 37 

This Agreement will be approved by the Parties in accordance with their own procedures. 

This Agreement shall enter into force on the first day of the second month following the date 
on  which  the  Parties  notify  that  the  procedures  referred  to  in  the  first  paragraph  have  been 
completed. 

Upon its entry into force, and as far as relations between Tajikistan and the Community are 
concerned,  this  Agreement  shall  replace  Article  2,  Article  3,  except  for  the  fourth  indent 
thereof, and Articles 4 to 16 of the Agreement between the European Economic Community, 
the European Energy Community and the Union of Soviet Socialist Republics on Trade and 
Economic and Commercial Cooperation signed in Brussels on 18 December 1989.  

FOR THE EUROPEAN COMMUNITY  

FOR THE REPUBLIC OF TAJIKISTAN 

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LIST OF DOCUMENTS ATTACHED 

Annex I 

Annex II 

Indicative  list  of  advantages  granted  by  the  Republic  of  Tajikistan  to  the 
Independent States in accordance with PCA Tajikistan, Article 7(3).  

Intellectual,  industrial  and  commercial  property  conventions  referred  to  in 
PCA Tajikistan, Article 39. 

Protocol on mutual administrative assistance in customs matters 

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ANNEX I 

Indicative list of advantages granted 

by the Republic of Tajikistan to the Commonwealth Independent States 

In accordance with Article 7 paragraph 3 

Republic  of  Belarus,  Republic  of  Kazakhstan,  Kyrghyz  Republic,  Russian 
Federation: customs duties are not applicable. 

The  commodities 
cooperation with CIS countries are not taxable. 

transported 

in  accordance  with 

treatments  on 

industrial 

The  Certificate  of  Compliance  for  Serial  Production  is  recognized  with  all  CIS 
countries, on the basis of which National Certificate of Compliance is issued. 

There is a special system of current payment with all CIS countries. 

There are special terms for transit with all CIS countries. 

1. 

2. 

3. 

4. 

5. 

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ANNEX II 

Intellectual, industrial and commercial property conventions 

referred to in Article 39 

1. 

Article 39(2) concerns the following multilateral conventions: 

- 

- 

- 

International  Convention  for  the  Protection  of  Performers,  Producers  of 
Phonograms and Broadcasting Organisations (Rome, 1961); 

Protocol  relating  to  the  Madrid  Agreement  concerning  the  International 
Registration of Marks (Madrid, 1989); 

International  Convention  for  the  Protection  of  New  Varieties  of  Plants 
(UPOV) (Geneva Act, 1991). 

The  Cooperation  Council  may  recommend  that  Article  39(2)  shall  apply  to  other 
multilateral  conventions.  If  problems  in  the  area  of  intellectual,  industrial  and 
commercial property affecting trading conditions were to occur, urgent consultations 
will be undertaken, at the request of either Party, with a view to reaching mutually 
satisfactory solutions. 

The  Parties  confirm  the  importance  they  attach  to  the  obligations  arising  from  the 
following multilateral conventions: 

- 

- 

- 

- 

Paris  Convention  for  the  Protection  of  Industrial  Property  (Stockholm  Act, 
1967 and amended in 1979); 

Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified 
in 1984); 

Revised  Berne  Convention  for  the  protection  of  literacy  and  artistic  works 
(1886 lastly amended in 1979); 

Trademark Law Treaty (Geneva 1994). 

From the entry into force of this Agreement, the Republic of Tajikistan shall grant to 
Community companies and nationals, in respect of the recognition and protection of 
intellectual,  industrial  and  commercial  property,  treatment  no  less  favourable  than 
that granted by it to any third country under bilateral agreements. 

The provisions of paragraph 4 shall not apply to advantages granted by the Republic 
of Tajikistan to any third country on an effective reciprocal basis and to advantages 
granted by the Republic of Tajikistan to another country of the former USSR.  

2. 

3. 

4. 

5. 

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ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS 

PROTOCOL 

ARTICLE 1 

Definitions 

For the purposes of this Protocol: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

2. 

"customs legislation" shall mean any legal or regulatory provisions applicable in the 
territory of the Contracting Parties governing the import, export and transit of goods 
and their placing under any other customs regime or procedure, including measures 
of prohibition, restriction and control adopted by the said Parties; 

"applicant authority" shall mean a competent administrative authority which has been 
appointed  by  a  Contracting  Party  for  this  purpose  and  which  makes  a  request  for 
assistance in customs matters; 

"requested  authority"  shall  mean  a  competent  administrative  authority  which  has 
been  appointed  by  a  Party  for  this  purpose  and  which  receives  a  request  for 
assistance in customs matters; 

"personal  data"  shall  mean  all  information  relating  to  an  identified  or  identifiable 
individual; 

"operation  in  breach  of  customs  legislation"  shall  mean  any  violation  or  attempted 
violation of customs legislation. 

ARTICLE 2 

Scope 

The  Parties  shall  assist  each  other,  in  the  areas  within  their  competence,  in 
accordance with the arrangements and the conditions laid down in this Protocol, to 
ensure that the customs legislation is correctly applied, in particular with a view to 
preventing, investigating and prosecuting operations in breach of that legislation. 

Assistance,  in  customs  matters,  as  provided  for  in  this  Protocol,  shall  apply  to  any 
administrative  authority  of  the  Contracting  Parties  which  is  competent  for  the 
application  of  this  Protocol.  It  shall  not  prejudice  the  provisions  governing  mutual 
assistance in criminal matters. Nor shall it cover information obtained under powers 
exercised  at  the  request  of  the  judicial  authorities,  except  where  communication  of 
such information is authorised by the said authorities. 

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ARTICLE 3 

Assistance on request 

1. 

2. 

At the request of the applicant authority, the requested authority shall furnish it with 
all  relevant  information  which  may  enable  it  to  ensure  compliance  with  customs 
legislation, including information regarding operations noted or planned which are or 
might be in breach of that legislation. 

At the request of the applicant authority, the requested authority shall inform it as to 
whether: 

(a) 

(b) 

goods exported from the territory of one of the Contracting Parties have been 
properly  imported  into  the  territory  of  the  other  Party,  specifying,  where 
appropriate, the customs procedure applied to the goods; 

if the goods imported into the territory of one of the Contracting Parties have 
been properly imported into the territory of the other Party, specifying, where 
appropriate, the customs procedure applied to the goods.  

3. 

At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  within  the 
framework  of  its  legal  or  regulatory  provisions,  take  the  necessary  steps  to  ensure 
special surveillance of: 

(a) 

natural  or  legal  persons  of  whom  there  are  reasonable  grounds  for  believing 
that  they  carry  out  or  have  carried  out  operations  in  breach  of  customs 
legislation; 

(b)  places  where  stocks  of  goods  have  been  or  may  be  assembled  in  such  a  way 
that  there  are  reasonable  grounds  for  suspecting  that  they  are  intended  to  be 
used in operations in breach of customs legislation; 

(c) 

goods  that  are  or  may  be  transported  in  such  a  way  that  there  are  reasonable 
grounds for suspecting that they are intended to be used in operations in breach 
of customs legislation; 

(d)  means  of  transport  for  which  there  are  reasonable  grounds  for  believing  that 

they have been, or may be used in operations in breach of customs legislation. 

ARTICLE 4 

Spontaneous assistance 

The Contracting Parties shall provide each other, at their own initiative and in accordance with 
their laws, rules and other legal instruments, with assistance if they consider that to be necessary 
for  the  correct  application  of  customs  legislation,  particularly  when  they  obtain  information 
pertaining to: 

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- 

- 

- 

- 

- 

activities  which  constitute  or  appear  to  constitute  operations  in  breach  of  customs 
legislation and which may be of interest to another Contracting Party; 

new  means  or  methods  employed  in  carrying  out  operations  in  breach  of  customs 
legislation; 

goods known to be subject to operations in breach of customs legislation; 

natural or legal persons concerning whom there are reasonable grounds for believing 
that they are or have been involved in operations in breach of customs legislation; 

means of transport concerning which there are reasonable grounds for believing that 
they have been, are or may be used in operations in breach of customs legislation. 

ARTICLE 5 

Delivery/Notification 

At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  in  accordance  with  its 
applicable legal or regulatory provisions, take all necessary measures in order: 

- 

- 

to deliver all documents, 

to notify all decisions 

emanating  from  the  applicant  authority  and  falling  within  the  scope  of  this  Protocol  to  an 
addressee, residing or established in its territory. In such a case, Article 6(3) shall apply to the 
requests for communication or notification. 

ARTICLE 6 

Form and substance of requests for assistance 

1. 

Requests  pursuant  to  this  Protocol  shall  be  made  in  writing.  They  shall  be 
accompanied  by  the  documents  necessary  to  enable  compliance  with  the  request. 
When  required  because  of  the  urgency  of  the  situation,  oral  requests  may  be 
accepted, but must be confirmed in writing immediately. 

2. 

Requests pursuant to paragraph 1 shall include the following information: 

(a) 

the applicant authority making the request; 

(b) 

the measure requested; 

(c) 

the object of and the reason for the request; 

(d) 

the laws, rules and other legal elements involved; 

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(e) 

indications  as  exact  and  comprehensive  as  possible  on  the  natural  or  legal 
persons who are the target of the investigations; 

(f) 

a summary of the relevant facts and of the enquiries already carried out. 

Requests shall be submitted in an official language of the requested authority or in a 
language acceptable to that authority. 

If a request does not meet the formal requirements, its correction or completion may 
be requested; precautionary measures may, however, be ordered. 

ARTICLE 7 

Execution of requests 

In  order  to  comply  with  a  request  for  assistance,  the  requested  authority  shall 
proceed,  within  the  limits  of  its  competence  and  available  resources,  as  though  it 
were  acting  on  its  own  account  or  at  the  request  of  other  authorities  of  that  same 
Party,  by  supplying  information  already  possessed,  by  carrying  out  appropriate 
enquiries or by arranging for them to be carried out. This provision shall also apply 
to  any  other  authority  to  which  the  request  has  been  addressed  by  the  requested 
authority  by  virtue  of  this  protocol  when  the  requested  authority  cannot  act  on  its 
own. 

Requests for assistance shall be executed in accordance with the laws, rules and other 
legal instruments of the requested Contracting Party. 

Duly authorised officials of a Contracting Party may, with the agreement of the other 
Party involved and subject to the conditions laid down by the latter, obtain from the 
offices of the requested authority or other authority for which the requested authority 
is  responsible,  information  relating  to  operations  which  are  or  may  be  in  breach  of 
customs  legislation  which  the  applicant  authority  needs  for  the  purposes  of  this 
Protocol. 

Officials of a Party may, with the agreement of the other Contracting Party involved 
and subject to the conditions laid down by the latter, be present at enquiries carried 
out in the latter's territory. 

ARTICLE 8 

Form in which information is to be communicated 

The  requested  authority  shall  communicate  results  of  enquiries  to  the  applicant 
authority  in  the  form  of  documents,  certified  copies  of  documents,  reports  and  the 
like. 

3. 

4. 

1. 

2. 

3. 

4. 

1. 

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2. 

3. 

The provision of documents provided for in paragraph 1 may be replaced by that of 
information produced in any form for the same purpose by computerised means.  

Original files and documents shall be requested only in cases where certified copies 
would be insufficient. Originals which have been transmitted shall be returned at the 
earliest opportunity. 

ARTICLE 9 

Exceptions to the obligation to provide assistance 

1. 

The Parties may refuse to give assistance as provided for in this Protocol, where to 
do so would: 

be likely to prejudice the sovereignty of the Republic of Tajikistan or that of a 
Member State which has been asked to provide assistance under this Protocol; 

(a) 

or 

(b)  be  likely  to  prejudice  public  policy,  security  or  other  essential  interests,  in 

particular in the cases referred to under Article 10(2); 

or 

(c) 

violate an industrial, commercial or professional secret. 

Assistance  may  be  postponed  by  the  requested  authority  on  the  ground  that  it  will 
interfere  with  an  ongoing  investigation,  prosecution  or  proceeding.  In  such  a  case, 
the  requested  authority  shall  consult  with  the  applicant  authority  to  determine  if 
assistance can be given subject to such terms or conditions as the requested authority 
may require. 

Where the applicant authority requests assistance which it would itself be unable to 
provide if so asked, it shall draw attention to that fact in its request. It shall then be 
left to the requested authority to decide how to respond to such a request. 

If assistance is refused, the decision and the reasons therefore must be notified to the 
applicant authority without delay. 

ARTICLE 10 

Information exchange and confidentiality 

Any information communicated in whatsoever form pursuant to this Protocol shall be 
of a confidential or restricted nature, depending on the rules applicable in each of the 
Parties. It shall be covered by the obligation of official secrecy and shall enjoy the 

2. 

3. 

4. 

1. 

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2. 

3. 

4. 

5. 

protection extended to similar information under the relevant laws of the Party which 
received it and the corresponding provisions applying to the Community institutions. 

Personal data may be exchanged only where the receiving Party undertakes to protect 
such data in at least an equivalent way to the one applicable to that particular case in 
the supplying Party. 

Information  obtained  shall  be  used  solely  for  the  purposes  of  this  Protocol.  Where 
one of the Parties requests the use of such information for other purposes, it shall ask 
for the prior written consent of the authority which furnished the information. Such 
use shall then be subject to any restrictions laid down by that authority. 

Paragraph 3 shall not impede the use of information in any judicial or administrative 
proceedings  subsequently  instituted  for  failure  to  comply  with  customs  legislation. 
The  competent  authority  which  supplied  that  information  shall  be  immediately 
notified of such use. 

The  Parties  may,  in  their  records  of  evidence,  reports  and  testimonies  and  in 
proceedings  and  charges  brought  before  the  courts,  use  as  evidence  information 
obtained and documents consulted in accordance with the provisions of this Protocol. 

ARTICLE 11 

Experts and witnesses 

An  official  of  a  requested  authority  may  be  authorised  to  appear,  within  the 
limitations  of  the  authorization  granted,  as  an  expert  or  witness  in  judicial  or 
administrative  proceedings  regarding  the  matters  covered  by  this  Protocol  in  the 
jurisdiction of the other Party, and produce such objects, documents or authenticated 
copies thereof, as may be needed for the proceedings. The request for an appearance 
must indicate specifically on what matters and by virtue of what title or qualification 
the official will be questioned. 

ARTICLE 12 

Assistance expenses 

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses 
incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses 
and to interpreters and translators who are not public service employees. 

ARTICLE 13 

Implementation 

1. 

The application of this Protocol shall be entrusted to the central customs authorities 
of the  Republic of  Tajikistan on the  one hand and  to the  competent services of the 

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Commission  of  the  European  Communities  and,  where  appropriate,  the  customs 
authorities  of  the  Member  States  on  the  other.  They  shall  decide  on  all  practical 
measures  and  arrangements  necessary  for  its  application,  taking  into  consideration 
the  rules  in  force  in  the  field  of  data  protection.  They  may  recommend  to  the 
competent bodies amendments which they consider should be made to this Protocol. 

2. 

The  Parties  shall  consult  each  other  and  subsequently  keep  each  other  informed  of 
the  detailed  rules  of  implementation  which  are  adopted  in  accordance  with  the 
provisions of this Protocol. 

ARTICLE 14 

Other agreements 

1. 

Taking into account the respective competences of the European Community and the 
Member States, the provisions of this Protocol shall: 

- 

- 

- 

not  affect  the  obligations  of  the  Contracting  Parties  under  any  other 
international agreement or convention; 

be  deemed  complementary  with  agreements  on  mutual  assistance  which  have 
been or may be concluded between individual Member States and the Republic 
of Tajikistan; and 

not affect the provisions governing the communication between the competent 
services of the Commission and the customs authorities of the Member States 
of  any  information  obtained  in  the  fields  covered  by  this  agreement  which 
could be of interest to the Community. 

Notwithstanding the provisions of paragraph 1, the provisions of this agreement shall 
take precedence over the provisions of the bilateral agreement on mutual assistance 
which  have  been  or  may  be  concluded  between  individual  Member  States  and  the 
Republic  of  Tajikistan  insofar  as  the  provisions  of  the  latter  are  incompatible  with 
those of this Protocol. 

In respect of questions relating to the applicability of this Protocol, the Contracting 
Parties  shall  consult  each  other  to  resolve  the  matter  in  the  framework  of  the 
Cooperation Committee established under Article 79 of the Agreement. 

2. 

3. 

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FINAL ACT 

The plenipotentiaries of the EUROPEAN COMMUNITY, and of the EUROPEAN ATOMIC 
ENERGY COMMUNITY, 

hereinafter referred to as "the Community", 

of the one part, and 

the plenipotentiaries of THE REPUBLIC OF TAJIKISTAN, 

of the other part, 

for the signature of the Interim Agreement between the European 
meeting at Brussels, this, 
Communities,  of  the  one  part,  and  the  Republic  of  Tajikistan,  of  the  other  part,  hereinafter 
referred to as the "Agreement", have adopted the following texts: 

the Interim Agreement including its Annexes and the following Protocol: 

the Protocol on mutual administrative assistance in customs matters. 

The plenipotentiaries of the European Communities and the plenipotentiaries of the Republic of 
Tajikistan  have  adopted  the  texts  of  the  Joint  Declarations  listed  below  and  annexed  to  this 
Final Act: 

Joint Declaration on personal data. 

Joint Declaration concerning Article 9 [PCA TAJIKISTAN: ARTICLE 13] of the Agreement. 

Joint Declaration concerning Article 33 [PCA TAJIKISTAN: ARTICLE 94] of the Agreement. 

The plenipotentiaries of the European Communities and the plenipotentiaries of the Republic of 
Tajikistan have also taken note of the following Exchange of Letters annexed to this Final Act: 

Exchange  of  Letters  between  the  European  Communities  and  the  Republic  of  Tajikistan  in 
relation to the establishment of companies. 

JOINT DECLARATION ON PERSONAL DATA 

In applying this Agreement, the Parties are aware of the necessity of an adequate protection of 
individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free  movement  of  such 
data. 

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JOINT DECLARATION CONCERNING ARTICLE 9  

[PCA TAJIKISTAN: ARTICLE 13] 

Until the Republic of Tajikistan accedes to the WTO, the Parties shall hold consultations in the 
Cooperation Committee on the Republic of Tajikistan's import tariff policies, including changes 
in tariff protection. In particular, such consultations shall be offered prior to the increase of tariff 
protection. 

JOINT DECLARATION CONCERNING ARTICLE 33  

[PCA TAJIKISTAN: ARTICLE 94] 

1. 

2. 

The  Parties  agree,  for  the  purpose  of  its  correct  interpretation  and  its  practical 
application,  that  the  term  "cases  of  special  urgency"  included  in  Article  33  [PCA 
TAJIKISTAN:  ARTICLE  94]  of  the  Agreement  means  cases  of  material  breach  of 
the Agreement by one of the Parties. A material breach of the Agreement consists in: 

repudiation  of  the  Agreement  not  sanctioned  by  the  general  rules  of 
international law, 

(a) 

or 

(b)  violation of the essential elements of the Agreement set out in Article 1 [PCA 

TAJIKISTAN: ARTICLE 2]. 

The  Parties  agree  that  the  "appropriate  measures"  referred  to  in  Article  33  [PCA 
TAJIKISTAN:  ARTICLE  94]  are  measures  taken  in  accordance  with  international 
law.  If  a  Party  takes  a  measure  in  a  case  of  special  urgency  as  provided  for  under 
Article 33 [PCA TAJIKISTAN: ARTICLE 94], the other Party may avail itself of the 
procedure relating to settlement of dispute. 

FOR THE EUROPEAN COMMUNITY  

FOR THE REPUBLIC OF TAJIKISTAN 

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EXCHANGE OF LETTERS 

BETWEEN THE EUROPEAN COMMUNITIES 

AND THE REPUBLIC OF TAJIKISTAN 

CONCERNING THE ESTABLISHMENT OF COMPANIES 

A. Letter from the Government of the Republic of Tajikistan 

Dear Sir, 

I refer to the Partnership and Cooperation Agreement initialled on 16.12.2003. 

As  I  underlined  during  the  negotiations,  the  Republic  of  Tajikistan  grants  to  Community 
companies establishing and operating in Tajikistan in certain respects a privileged treatment. I 
explained  that  this  reflects  the  Tajik  policy  to  promote  by  all  means  the  establishment  of 
Community companies in the Republic of Tajikistan. 

With this in mind, it is my understanding that during the period between the date of initialling of 
this agreement and the entry into force of the relevant articles on establishment of companies, 
the  Republic  of  Tajikistan  shall  not  adopt  measures  or  regulations  which  would  introduce  or 
worsen discrimination against Community companies vis-à-vis Tajik companies or companies 
from  any  third  country  as  compared  to  the  situation  existing  on  the  date  of  initialling  of  this 
Agreement.  

I would be obliged if you would acknowledge receipt of this letter. 

Please accept, Sir, the assurance of my highest consideration. 

For the Government of 
the Republic of Tajikistan 

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B.  Letter from the European Communities 

Dear Sir, 

Thank you for your letter of today's date, which reads as follows: 

"I refer to the Partnership and Cooperation Agreement initialled on 16.12.2003. 

As  I  underlined  during  the  negotiations,  the  Republic  of  Tajikistan  grants  to  Community 
companies  establishing  and  operating  in  the  Republic  of  Tajikistan  in  certain  respects  a 
privileged treatment. I explained that this reflects the Tajik policy to promote by all means the 
establishment of Community companies in the Republic of Tajikistan. 

With this in mind, it is my understanding that during the period between the date of initialling of 
this agreement and the entry into force of the relevant articles on establishment of companies, 
the  Republic  of  Tajikistan  shall  not  adopt  measures  or  regulations  which  would  introduce  or 
worsen discrimination against Community companies vis-à-vis Tajik companies or companies 
from  any  third  country  as  compared  to  the  situation  existing  on  the  date  of  initialling  of  this 
Agreement.  

I would be obliged if you would acknowledge receipt of this letter." 

I acknowledge receipt of the letter. 

Please accept, Sir, the assurance of my highest consideration. 

On behalf of 
the European Community 

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