Proposal for a Council Decision approving the conclusion by the European Commission, on behalf of the European atomic energy community, of the 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
Date: 2004-08-13
Institutions: European Commission
Subjects: Tajikistan, cooperation agreement (EU), interim agreement (EU), trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES  

Brussels, 13.08.2004 
COM(2004) 556 final 

Proposal for a  

COUNCIL DECISION  

approving the conclusion by the European Commission, on behalf of the European 
atomic energy community, of the 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 

.  

(presented by the Commission)  

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1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

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. 

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.  This 
agreement has no impact on the budget. 

The  documents  COM(2004)520  and  COM(2004)521,  concerning  the  signature  and 
the conclusion of the partnership and cooperation agreement, and the conclusion by 
the  Council  of  the  interim  agreement  on  behalf  of  the  European  Community,  were 
already forwarded to the Council previously.  

The  procedure  stipulates  that  the  Council  approves  the  agreement  on  behalf  of  the 
European  atomic  energy  community,  under  the  terms  of  the  second  paragraph  of 
Article 101 of the European atomic energy community Treaty, before the agreement 
is concluded by the Commission.  

In view of what precedes, the Commission calls on the Council to give its approval 
to  the  conclusion  by  the  Commission  of  the  interim  agreement  on  behalf  of  the 
European atomic energy community.  

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Proposal for a  

COUNCIL DECISION  

Approving the conclusion by the European Commission, on behalf of the European 
atomic energy community, of the 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 COUNCIL OF THE EUROPEAN UNION,  

Having  regard  to  the  Treaty  establishing  the  European  atomic  energy  community,  and  in 
particular Article 101, paragraph 2 thereof,  

Having regard to the proposal from the Commission1,  

Whereas:  

(1) 

Pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement  between 
the European Community and its Member States, of the one part, and the Republic of 
Tajikistan,  of  the  other  part,  signed  in  ……..  on  .....  2004,  an  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,  should  be  concluded  by  the  European  Commission  on  behalf  of  the 
European atomic energy community. 

HAS DECIDED AS FOLLOWS:  

Sole Article  

1. 

The  conclusion  by  the  European  Commission,  on  behalf  of  the  European  atomic 
energy  community,  of  the  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,  together  with  the 
annexes and protocols attached thereto and the declarations made by the Community 
unilaterally or jointly with the other Party is hereby approved.  

2. 

The text of the agreement, annexes, protocols is attached to this decision.  

Done at Brussels, [… ]  

For the Council  
ThePresident  

1 

OJ C [… ], [… ], p. [… ].  

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ANNEX 

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: 

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

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; 

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- 

- 

- 

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. 

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. 

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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 
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. 

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. 

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3. 

4. 

5. 

6. 

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. 

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. 

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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.  

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. 

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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. 

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. 

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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; 

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. 

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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; 

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: 

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- 

- 

- 

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 
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. 

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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; 

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) 

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; 

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(c) 

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. 

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. 

2. 

1. 

2. 

3. 

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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. 

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. 

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. 

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2. 

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. 

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. 

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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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