Proposal for a COUNCIL DECISION establishing the European Union position within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the World Trade Organization
Date: 2012-11-09
Institutions: European Commission
Subjects: Tajikistan, World Trade Organisation, enlargement of an international organisation

EUROPEAN 
COMMISSION 

Brussels, 9.11.2012  
COM(2012) 646 final 

2012/0308 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the European Union position within the General Council of the World 
Trade Organization on the accession of the Republic of Tajikistan to the World Trade 
Organization 

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EXPLANATORY MEMORANDUM 

I. INTRODUCTION 

Members  of  the  World  Trade  Organization  (WTO)  and  the  Republic  of  Tajikistan  have 
reached the concluding stage of an agreement on the terms for the accession of the Republic 
of  Tajikistan  to  the  organization.  This  comes  after  11  years  of  negotiations,  which  began 
when the Republic of Tajikistan submitted its application to join the WTO in 2001. 

A Council Decision approving the terms of accession of the Republic of Tajikistan is required 
before the EU can formally support that approval in the WTO. 

A summary of the terms of the accession is set out below. 

II.  SUMMARY  OF  TERMS  OF  WTO  ACCESSION  OF  THE  REPUBLIC  OF 
TAJIKISTAN BY SECTOR 

Schedule of commitments 

The average final bound rate (FBR) in the accession schedule of Tajikistan is 7.5 %. 

The average FBR is slightly higher at 8.6% for agriculture products than the 7% observed for 
industrial goods. 

Tajikistan will implement the FBRs in 5 years from the date of accession. 

These average levels for tariffs are quite reasonable considering the small size and landlocked 
character  of  Tajikistan's  economy.  Past  EU  practice  has  been  to  accept  as  reasonable  these 
tariff levels for comparable-sized economies. 

Industrial Goods  

– 

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– 

The average FBR for non-agriculture products is 7%. 

The highest final bound tariffs are observed in footwear, with 20% average and 
peaks of 30%, and textiles with 10% average and peaks of 30% 

Tajilistan is joining the Information Technology Agreement (ITA) Agreement 
and consequently phasing out its ITA tariffs in 5 years time.  

Agricultural goods  

The average FBR for agriculture products is 8.6%. 

The highest tariff peaks in agriculture are quite reasonable: in fresh tomatoes at 
23%  and  in  some  other  various  fresh  vegetables,  cheese  and  tobacco  at  or 
slightly above 15%.  

– 

– 

Services  

Tajikistan's schedule of specific commitments in services is very satisfactory considering the 
size  of  this  country's  economy.  Tajikistan  will  undertake  substantial  market  access  and 
national treatment commitments in a broad range of services sectors, including professional, 

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computer, R&D, rental/leasing and other business services, communication services (courier 
services  and  telecommunications),  construction,  distribution,  private  educational  services, 
environmental, financial (insurance and banking), health, tourism, recreational and transport 
services. 

Protocol commitments 

In the final, multilateral stage of the accession process, WTO Members collectively sought to 
ensure the basic compatibility of Tajikistan's trade laws and institutions with WTO rules and 
agreements,  setting  these  out  in  the  Protocol  of  accession  and  Working  Party  Report.  The 
following issues are of particular interest to the EU: 

State Ownership, Privatisation and State-trading entities 

From  the  date  of  accession,  State-trading  enterprises  (including  State-owned  and  State-
controlled enterprises, enterprises with special or exclusive privileges, and unitary enterprises) 
in Tajikistan will make any purchases or sales, which were not for the Government's own use 
or  consumption,  solely  in  accordance  with  commercial  considerations.  Tajikistan  further 
confirmed  that  these  State  trading  enterprises  will  afford  the  enterprises  of  other  Members 
adequate  opportunity,  in  accordance  with  customary  business  practice,  to  compete  for 
participation in  purchases from or sales to Tajikistan's State enterprises. Any  restrictions  on 
exports of materials to ensure essential quantities of such materials to a domestic processing 
industry  will  not  operate  to  increase  the  exports  of,  or  the  protection  of,  such  domestic 
industry. 

Trading rights 

From  the  date  of  accession,  Tajikistan  will  grant  any  natural  or  legal  person,  regardless  of 
physical  presence  or  investment  in  Tajikistan,  the  right  to  be  the  importer  of  record  of  any 
product  allowed  to  be  imported  into  Tajikistan,  at  any  level  of  distribution.  Full  rights  to 
import  and  to  export  will  be  granted  in  a  non-discriminatory  and  non-discretionary  manner 
from  the  date  of  accession,  and  any  requirements  for  commercial  registration  or  application 
for  the  right  to  import  or  to  export  will  be  for  customs  and  fiscal  purposes  only,  will  not 
require investment in Tajikistan nor confer the right to distribute there, and will not constitute 
a barrier to trade. 

Information Technology Agreement (ITA) 

The  Republic  of  Tajikistan  has  submitted  its  ITA  Schedule  to  the  ITA  Committee  for 
verification, in accordance with ITA procedures, in order to enable the Republic of Tajikistan 
to join the ITA when it becomes a WTO Member. 

Customs valuation 

From the date of accession, Tajikistan will apply its customs valuation laws, regulations and 
practices,  including  those  to  prevent  undervaluation  of  goods,  in  conformity  with  the  WTO 
Agreement, including Article I of the GATT 1994, the WTO Agreement on Implementation 
of Article VII of GATT 1994 and Annex I (Interpretative Notes).  

Export duties 

Tajikistan undertook comprehensive commitments limiting export duties.  

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Government Procurement Agreement 

Tajikistan  confirmed  willingness  to  accede  to  the  WTO  Agreement  on  Government 
Procurement.  Tajikistan  will  become  an  observer  to  the  Agreement  upon  accession,  and 
submit an application for membership with a coverage offer within one year after accession to 
the WTO. 

Trade in Civil aircraft 

Tajikistan  will  become  a  signatory  to  the  WTO  Agreement  on  Trade  in  Civil  Aircraft  upon 
accession. 

III. RECOMMENDATION 

In submitting the terms of Accession of the Republic of Tajikistan to the WTO for approval 
by  the  Council,  the  Commission  considers  these  terms  as  representing  a  balanced  and 
ambitious package of market opening commitments, which will bring substantial benefits to 
Tajikistan and its WTO trading partners alike. 

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2012/0308 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the European Union position within the General Council of the World 
Trade Organization on the accession of the Republic of Tajikistan to the World Trade 
Organization 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 91, 100(2) and 207(4), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 29 May 2001 the Government of the Republic of Tajikistan applied for accession 
to  the  Marrakesh  Agreement  establishing  the  World  Trade  Organization  (WTO), 
pursuant to Article XII of that Agreement. 

A Working Party on the accession of the Republic of Tajikistan was established on 18 
July  2001  in  order  to  reach  agreement  on  terms  of  accession  acceptable  to  the 
Republic of Tajikistan and all WTO Members. 

The  Commission,  on  behalf  of  the  Union,  has  negotiated  a  comprehensive  series  of 
market opening commitments on the part of the Republic of Tajikistan which satisfy 
the Union's requests. 

These commitments are now embodied in the Protocol of Accession of the Republic of 
Tajikistan to the WTO. 

Accession to the WTO is expected to make a positive and lasting contribution to the 
process  of  economic  reform  and  sustainable  development  in  the  Republic  of 
Tajikistan. 

(6) 

The Protocol of Accession should therefore be approved. 

(7) 

Article  XII  of  the  Agreement  establishing  the  WTO  provides  that  the  terms  of 
accession are to be agreed between the acceding Member and the WTO, and that the 
Ministerial Conference of the WTO approves the terms of accession on the WTO side. 
Article  IV.2  of  the  Agreement  establishing  the  WTO  provides  that  in  the  intervals 
between  meetings  of  the  Ministerial  Conference,  its  functions  shall  be  conducted  by 
the General Council. 

(8) 

Accordingly, it is necessary to establish the position to be taken by the Union within 
the General Council of the WTO on the accession of Tajikistan to the WTO, 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  European  Union  within  the  General  Council  of  the  World 
Trade Organization on the accession of the Republic of Tajikistan to the WTO is to approve 
the accession. 

Article 2 

This Decision shall enter into force on the day of its adoption.  

Done at Brussels,  

For the Council 
The President 

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