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 - Final Act - Declarations
Date: 2004-10-11
Institutions: European Atomic Energy Community, European Community, Tajikistan
Subjects: Tajikistan, cooperation policy, interim agreement (EU), trade agreement, trade agreement (EU), trade policy

L 340/2

EN

Official Journal of the European Union

16.11.2004

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

INTERIM AGREEMENT

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 establishing a partnership between the European Commu-
nities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, was initialled on
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 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,

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 provi-
sions 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 Commer-
cial 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,

16.11.2004

EN

Official Journal of the European Union

L 340/3

HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries:

Por las Comunidades Europeas

Za Evropská společenství

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Euroopa ühenduste nimel

Για τις Ευρωπαϊκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Eiropas Kopienu vārdā

Europos Bendrijų vardu

Az Európai Közösségek részéről
Għall-Komunitajiet Ewropej

Voor de Europese Gemeenschappen

W imieniu Wspólnot Europejskich

Pelas Comunidades Europeias

Za Európske spoločenstvá

Za Evropske skupnosti

Euroopan yhteisöjen puolesta

På europeiska gemenskapernas vägnar

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
element of this Agreement.

the Parties and constitute an essential

Article 2

(PCA Tajikistan: Article 3)

The Parties consider that it is essential for their future pros-
perity 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.

L 340/4

EN

Official Journal of the European Union

16.11.2004

TITLE II

TRADE IN GOODS

(PCA Tajikistan: Title III)

Article 3

(PCA Tajikistan: Article 7)

The Parties shall accord one another most-favoured-

1.
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, ware-

houses 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, distribu-

tion and use of goods on the domestic market.

2.

The provisions of paragraph 1 shall not apply to:

(a) 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;

(b) 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 facili-

tate 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 Agree-
ment.

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

through its

The rules described in Article V(2), (3), (4) and (5) of the

2.
GATT 1994 are applicable between the Parties.

3.
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
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.
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 8, 11 and 12 of this Agreement.

2.
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 8, 11 and 12 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. 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 Com-
munity or the Republic of Tajikistan, as the case may be, may
take appropriate measures in accordance with the following
procedures and conditions.

2.
Before taking any measures, or in cases to which para-
graph 4 applies as soon as possible thereafter, the Community
or the Republic of Tajikistan, as the case may be, shall supply
the Joint Committee referred to in Article 22 with all relevant
information with a view to seeking a solution acceptable to the
Parties as provided for in Title IV.

16.11.2004

EN

Official Journal of the European Union

L 340/5

If, as a result of the consultations, the Parties do not
3.
reach agreement within 30 days of
to the Joint
Committee 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 neces-
sary to prevent or remedy the injury, or to adopt other appro-
priate measures.

referral

4.
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.

5.
In the selection of measures pursuant to this Article, the
Parties shall give priority to those which cause least disturbance
to the achievement of the aims of this Agreement.

6.
Nothing in this Article shall prejudice or affect in any
way the taking, by either Party, of anti-dumping or counter-
vailing measures in accordance with Article VI of 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 Agree-
ment on trade in goods between them, in the light of circum-
stances, and in particular of the situation arising from the
future accession of the Republic of Tajikistan to the WTO. The
Joint Committee may make recommendations on such adjust-
ments to the Parties which could be put into effect, where
accepted, by virtue of agreement between the Parties in accord-
ance 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
textile
products shall be included in this Agreement.

the separate 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 mate-
rials shall be subject to the provisions of a specific Agreement
to be concluded between the European Atomic Energy Com-
munity and the Republic of Tajikistan.

TITLE III

PAYMENTS,

COMPETITION, AND OTHER
PROVISIONS

ECONOMIC

(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.

L 340/6

EN

Official Journal of the European Union

16.11.2004

Article 16

— permit the sharing of experience and technical information

in the field of quality management.

(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 regula-
tions 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 ques-

tions, including payments and clearing mechanisms,

— the drafting of relevant legislation.

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 approxima-
tion of Tajik standards to Community technical regulations
concerning industrial and agricultural food products, including
sanitary and phytosanitary standards.

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 par-
ticular through calls for tenders.

Article 18

(PCA Tajikistan: Article 46)

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 Com-
munity.

2.

Cooperation shall take place particularly through:

— the exchange of information,

Cooperation in the field of standards and conformity
assessment

— the improvement of working methods,

1.
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.

— 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 informa-

tion systems,

To this end the Parties shall seek to cooperate in technical

2.
assistance projects which will:

— the organisation of seminars and training periods.

— 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;

Technical assistance shall be provided where necessary.

3. Without prejudice to other cooperation under this Agree-
ment, mutual assistance in customs matters between adminis-
trative authorities of the Parties shall take place in accordance
with the provisions of the Protocol attached to this Agreement.

16.11.2004

EN

Official Journal of the European Union

L 340/7

Article 21

(PCA Tajikistan: Article 64)

Statistical cooperation

Article 25

(PCA Tajikistan: Article 85)

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 socio-economic
reform and contribute to the development of private enterprise
in the Republic of Tajikistan.

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

1. Within the scope of this Agreement, each Party under-
takes 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,
industrial and
commercial property.

including those concerning intellectual,

— the adaptation of the Tajik statistical system to international

methods, standards and classification,

2. Within the limits of their respective powers and compe-
tences, the Parties:

— 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 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 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)

— shall encourage the adoption of arbitration for the settle-
ment of disputes arising from commercial and cooperation
transactions concluded by economic operators of the Com-
munity 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 arbi-
tration 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 Enforce-
ment 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) which it considers necessary to prevent the disclosure of

information contrary to its essential security interests;

(b) which relate to the production of, or trade in arms, muni-
tions or war materials or to research, development or
production indispensable for defence purposes, provided
that such measures do not impair the conditions of compe-
tition in respect of products not intended for specifically
military purposes;

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 Joint
Committee shall
to the greatest extent
possible the interpretation that is generally given to the Article
in question by the members of the WTO.

take into account

(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;

L 340/8

EN

Official Journal of the European Union

16.11.2004

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

The Joint Committee may establish rules of procedure for the
settlement of disputes.

Article 27

(PCA Tajikistan: Article 87)

In the fields covered by this Agreement and without

1.
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 discri-
mination 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 discrimi-
nation between Tajik nationals, companies or firms.

The provisions of paragraph 1 are without prejudice to
2.
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 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)

In so far 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 32

Article 28

(PCA Tajikistan: Article 88)

1.
This Agreement shall be applicable until the entry into
force of the Partnership and Cooperation Agreement initialled
on 16 December 2003.

1.
Each of the Parties may refer to the Joint Committee any
dispute relating to the application or interpretation of this
Agreement.

2.
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.

The Joint Committee may settle the dispute by means of

2.
a recommendation.

3.
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 Joint Committee shall appoint a third conciliator.

The conciliators' recommendations shall be taken by majority
vote. Such recommendations shall not be binding upon the
Parties.

Article 29

(PCA Tajikistan: Article 89)

Article 33

(PCA Tajikistan: Article 94)

1.
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.

2.
If either Party considers that the other Party has failed to
fulfil an obligation under this Agreement, it may take appro-
priate measures. Before so doing, except in cases of special
urgency, it shall supply the Joint Committee with all relevant
information required for a thorough examination of the situa-
tion 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 Joint
Committee if the other Party so requests.

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.

Article 34

(PCA Tajikistan: Article 95)

The provisions of this Article shall in no way affect, and are
without prejudice to, Articles 8, 28 and 33.

Annexes I and II together with the Protocol on mutual adminis-
trative assistance in customs matters shall form an integral part
of this Agreement.

16.11.2004

EN

Official Journal of the European Union

L 340/9

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, 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 Tajiki-
stan and the Community are concerned, this Agreement shall
for the fourth indent
replace Article 2, Article 3, except
thereof, and Articles 4 to 16 of the Agreement between the
European Economic Community and 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.

L 340/10

EN

Official Journal of the European Union

16.11.2004

LIST OF DOCUMENTS ATTACHED

Annex I

Annex II

Indicative list of advantages granted by the Republic of Tajikistan to the Independent States in accord-
ance with Article 3(3) (PCA Tajikistan: Article 7(3))

Intellectual, industrial and commercial property conventions referred to in Article 15 (PCA Tajikistan:
Article 39(1))

Protocol on mutual administrative assistance in customs matters

16.11.2004

EN

Official Journal of the European Union

L 340/11

ANNEX I

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

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

2. The commodities transported in accordance with agreements on industrial cooperation with CIS countries are not

taxable.

3. The Certificate of compliance for serial production, on the basis of which the national certificate of compliance is

issued, is recognised by all CIS countries.

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

5. There are special terms for transit agreed with all CIS countries.

L 340/12

EN

Official Journal of the European Union

16.11.2004

ANNEX II

Intellectual,

industrial and commercial property conventions referred to in Article 15 (PCA Tajikistan:

Article 39(1))

1. Article 15 concerns the following multilateral conventions:

— International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisa-

tions (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).

2. The Joint Committee may recommend that Article 15 shall apply to other multilateral conventions. If problems in
the area of intellectual, industrial and commercial property affecting trading conditions were to occur, urgent consul-
tations will be undertaken, at the request of either Party, with a view to reaching mutually satisfactory solutions.

3. 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 in 1984),

— Revised Berne Convention for the protection of literacy and artistic works (1886 last amended in 1979),

— Trademark Law Treaty (Geneva 1994).

4. 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.

5. 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.

16.11.2004

EN

Official Journal of the European Union

L 340/13

PROTOCOL

on mutual administrative assistance in customs matters

Article 1

Definitions

For the purposes of this Protocol:

(a) ‘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 proce-
dure,
including measures of prohibition, restriction and
control adopted by the said Parties;

(b) ‘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;

(c) ‘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;

(d) ‘personal data’ shall mean all

information relating to an

identified or identifiable individual;

(e) ‘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,

1.
in the areas within
their competence, in accordance with the arrangements and the
the
conditions laid down in this Protocol,
to ensure that
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
2.
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 infor-
mation obtained under powers exercised at the request of the
judicial authorities, except where communication of such infor-
mation is authorised by the said authorities.

Article 3

Assistance on request

1.
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

2.
authority shall inform it as to whether:

(a) 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;

(b) 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 appro-
priate, 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 surveil-
lance of:

(a) natural or legal persons for 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 opera-
tions 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 opera-
tions 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:

— activities which constitute or appear to constitute opera-
tions in breach of customs legislation and which may be of
interest to another Contracting Party,

— new means or methods employed in carrying out opera-

tions 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 reason-
they are or have been

able grounds for believing that
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.

L 340/14

EN

Official Journal of the European Union

16.11.2004

Article 5

Delivery/Notification

Requests for assistance shall be executed in accordance
the

rules and other

instruments of

2.
with the laws,
requested Contracting Party.

legal

the request of

At
the requested
authority shall, in accordance with its applicable legal or regu-
latory provisions, take all necessary measures in order:

the applicant authority,

— 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

3.
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 legisla-
tion which the applicant authority needs for the purposes of
this Protocol.

4.
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.

Form and substance of requests for assistance

Article 8

Requests pursuant

to this Protocol shall be made in
1.
writing. They shall be accompanied by the documents neces-
sary 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.

Requests pursuant

2.
following information:

to paragraph 1 shall

include the

(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;

Form in which information is to be communicated

1.
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.

2.
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.

3.
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.

(e) indications as exact and comprehensive as possible on the
natural or legal persons who are the target of the investiga-
tions;

Article 9

(f) a summary of

the relevant

facts and of

the enquiries

Exceptions to the obligation to provide assistance

already carried out.

Requests shall be submitted in an official language of the
in a language acceptable to that

3.
requested authority or
authority.

4.
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
1.
its
requested authority shall proceed, within the limits of
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.

The Parties may refuse to give assistance as provided for

1.
in this Protocol, where to do so would:

(a) 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; or

(b) be likely to prejudice public policy, security or other essen-
in particular in the cases referred to under

tial
interests,
Article 10(2); or

(c) breach an industrial, commercial or professional secret.

2.
Assistance may be postponed by the requested authority
on the ground that it will interfere with an ongoing investiga-
tion, prosecution or proceeding. In such a case, the requested
authority shall consult with the applicant authority to deter-
mine if assistance can be given subject to such terms or condi-
tions as the requested authority may require.

3. 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.

16.11.2004

EN

Official Journal of the European Union

L 340/15

If assistance is refused, the decision and the reasons there-

4.
fore must be notified to the applicant authority without delay.

Protocol, except, as appropriate, for expenses of experts and
witnesses and of interpreters and translators who are not public
service employees.

Article 10

Information exchange and confidentiality

1.
form
Any information communicated in whatsoever
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 which received it and the
corresponding provisions applying to the Community institu-
tions.

2.
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.

3.
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
authority which furnished the
information. Such use shall then be subject to any restrictions
laid down by that authority.

the

Paragraph 3 shall not impede the use of information in
4.
any judicial or administrative proceedings subsequently insti-
tuted for failure to comply with customs legislation. The
competent authority which supplied that information shall be
immediately notified of such use.

5.
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 authorisation granted, as
an expert or witness in judicial or administrative proceedings
regarding the matters covered by this Protocol in the jurisdic-
tion of the other Party, and produce such objects, documents
or authenticated copies thereof, as may be needed for the
proceedings. The request
indicate
specifically on what matters and by virtue of what title or quali-
fication the official will be questioned.

for an appearance must

Article 12

Assistance expenses

The Contracting Parties shall waive all claims on each other for
to this
the reimbursement of expenses incurred pursuant

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 Commission of
the European Communities and, where
the
customs authorities of the Member States on the other. They
shall decide on all practical measures and arrangements neces-
sary 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.

appropriate,

2.
The Parties shall consult each other and subsequently
keep each other informed of the detailed rules of implementa-
tion 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 informa-
tion obtained in the fields covered by this Agreement
which could be of interest to the Community.

2.
Notwithstanding the provisions of paragraph 1, the provi-
sions of this Agreement shall take precedence over the provi-
sions of the bilateral agreement on mutual assistance which
have been or may be concluded between individual Member
States and the Republic of Tajikistan in so far as the provisions
of the latter are incompatible with those of this Protocol.

3.
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 Joint Committee
referred to in Article 22 of this Agreement.

L 340/16

EN

Official Journal of the European Union

16.11.2004

FINAL ACT

The plenipotentiaries of the EUROPEAN COMMUNITY, and of the EUROPEAN ATOMIC ENERGY COM-
MUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

the plenipotentiaries of THE REPUBLIC OF TAJIKISTAN,

of the other part,

meeting at Luxembourg, this 11 October 2004 for the signature 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, 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 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 9 (PCA Tajikistan: Article 13) of the Agreement

Joint Declaration concerning Article 33 (PCA Tajikistan: Article 94) of the Agreement

The plenipotentiaries 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

16.11.2004

EN

Official Journal of the European Union

L 340/17

Por las Comunidades Europeas

Za Evropská společenství

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Euroopa ühenduste nimel
Για τις Ευρωπαϊκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Eiropas Kopienu vārdā

Europos Bendrijų vardu

Az Európai Közösségek részéről
Għall-Komunitajiet Ewropej
Voor de Europese Gemeenschappen

W imieniu Wspólnot Europejskich

Pelas Comunidades Europeias

Za Európske spoločenstvá

Za Evropske skupnosti

Euroopan yhteisöjen puolesta

På europeiska gemenskapernas vägnar

L 340/18

EN

Official Journal of the European Union

16.11.2004

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 9

(PCA Tajikistan: Article 13)

Until the Republic of Tajikistan accedes to the WTO, the Parties shall hold consultations in the Joint
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. 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:

(a) repudiation of the Agreement not sanctioned by the general rules of international law, or

(b) violation of the essential elements of the Agreement set out in Article 1 (PCA Tajikistan: Article 2).

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.

16.11.2004

EN

Official Journal of the European Union

L 340/19

between the European Community and the Republic of Tajikistan concerning the establishment of
companies

EXCHANGE OF LETTERS

A. Letter from the Government of the Republic of Tajikistan

Dear Sir,

I refer to the Partnership and Cooperation Agreement initialled on 16 December 2003.

As I underlined during the negotiations, the Republic of Tajikistan grants to Community companies estab-
lishing 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

L 340/20

EN

Official Journal of the European Union

16.11.2004

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 December 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