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Law Approving The Partnership And Cooperation Agreement Establishing A Partnership Between The European Communities And Their Member States, Of The One Part, And The Republic Of Tajikistan, On The Other Hand, Done At Luxembourg On 11 October 2004 (1))

Original Language Title: Loi portant assentiment à l'Accord de partenariat et de coopération établissant un partenariat entre les Communautés européennes et leurs Etats membres, d'une part, et la République du Tadjikistan, d'autre part, fait à Luxembourg le 11 octobre 2004 (1) (

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1er MAI 2006. - An Act to approve the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Tajikistan, on the other hand, made in Luxembourg on 11 October 2004 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Tajikistan, on the other hand, made in Luxembourg on 11 October 2004, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1er May 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Secretary of State for European Affairs,
DONFUT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Documents: Bill tabled on 23 December 2005, No. 3-1498/1. - Report, No. 3-1498/2.
Annales parlementaire : Discussion, session du 9 février 2006. - Vote, meeting held on 9 February 2006.
House of Representatives
Documents: Project transmitted by the Senate, No. 51-2277/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2277/2.
Annales parlementaire : Discussion, meeting of March 23, 2006. - Vote, meeting of 23 March 2006.
(2) See Decree of the Flemish Community/Flemish Region of 16 June 2006 (Belgian Monitor of 18 July 2006), Decree of the French Community of 17 November 2006 (Belgian Monitor of 19 January 2007 (Ed. 2)), Decree of the German-speaking Community of 29 October 2007 (Belgian Monitor of 4 January 2008), Decree of the Walloon Region of 10 November 2006 (Belgian Currency of 28 November 2006),

Partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Tajikistan, on the other hand
BELGIUM,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
THE REPUBLIC OF MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE REPUBLIC OF SLOVENIA,
THE REPUBLIC OF SLOVAQUIE,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
parties to the Treaty establishing the European Community and to the Treaty establishing the European Atomic Energy Community, below referred to as "Member States", and
THE EUROPEAN COMMUNITY, THE EUROPEAN COMMUNITY OF THE ATOMIC ENERGY, hereinafter referred to as "Community",
on the one hand, and
THE REPUBLIC OF TADJIKISTAN,
on the other hand,
Considering the links between the Community, its Member States and the Republic of Tajikistan and the common values they share.
Acknowledging that the Community and the Republic of Tajikistan wish to strengthen these ties and establish a partnership and cooperation that would deepen and extend the previously established relations between them, including the agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics concerning trade and trade and economic cooperation, signed on 18 December 1989.
Considering the willingness of the Community and its member States and the Republic of Tajikistan to strengthen the political and economic freedoms that form the very basis of the partnership.
Recognizing that in this context, the support of the independence, sovereignty and territorial integrity of the Republic of Tajikistan contributes to safeguarding peace and stability in Central Asia.
Considering the willingness of the parties to promote international peace and security and the peaceful resolution of conflicts and to cooperate in this regard within the framework of the United Nations and the Organization for Security and Cooperation in Europe (OSCE).
Considering that the Community, its Member States and the Republic of Tajikistan have firmly committed themselves to fully implement all the provisions and principles contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), in the closing documents of the follow-up conferences of Madrid and Vienna, in the document of the CSCE Conference of Bonn on Economic Cooperation, in the Charter of Paris for a New Europe and in the document "The Challenges of Change"
Convinced of the vital importance of the rule of law and respect for human rights, including those of persons belonging to minorities, the establishment of a system based on multipartyism and free and democratic elections and economic liberalization aimed at creating a market economy.
Believing that the full implementation of this Partnership and Cooperation Agreement presupposes and will contribute to the continuation and implementation of political, economic and legal reforms in the Republic of Tajikistan, as well as the establishment of the necessary factors for cooperation, including in the light of the conclusions of the CSCE Conference in Bonn.
Desirous of encouraging the ongoing process of internal reconciliation in the Republic of Tajikistan following the Moscow peace agreements.
Desirous of encouraging the process of regional cooperation in the areas covered by this agreement with neighbouring countries to promote the prosperity and stability of the region.
Desirous of establishing and developing a regular political dialogue on bilateral and international issues of common interest.
Recognizing and supporting the commitment of the Republic of Tajikistan to establish close cooperation with European institutions.
Considering the need to promote investments in the Republic of Tajikistan, particularly in the energy and water management sector, confirming the commitment of the Community, its member states and the Republic of Tajikistan to the European Energy Charter and to the full implementation of the Energy Charter Treaty and the Protocol of the Energy Charter on Energy Efficiency and Related Environmental Aspects.
Taking into account the Community's desire to ensure, as appropriate, socio-economic cooperation and technical assistance that also includes the fight against poverty.
Recognizing that the agreement can foster a gradual rapprochement between the Republic of Tajikistan and a broader area of cooperation in Europe and neighbouring regions, as well as its progressive integration into the open international trading system.
Considering that the parties have committed themselves to liberalizing trade, in accordance with the rules of the World Trade Organization (WTO), and that the Community welcomes the intention of the Republic of Tajikistan to join the WTO.
Aware of the need to improve conditions affecting trade and investment, as well as conditions in areas such as corporate establishment, employment, service delivery and the flow of capital.
Convinced that this agreement will create a new climate between the parties for their economic relations, particularly for the development of trade and investment, essential instruments of economic restructuring and technological modernization.
Desirous of establishing close cooperation in the field of environmental protection, given the interdependence between the parties in this area.
Recognizing that cooperation in the prevention and control of illegal immigration, international organized crime and drug trafficking, as well as the fight against terrorism, are the priority objectives of this Agreement.
Desiring to establish cultural cooperation and in the field of education and to develop exchanges of information,
have agreed on the following provisions:
Article 1er
A partnership is established between the Community and its member states, on the one hand, and the Republic of Tajikistan, on the other. Its objectives are:
- supporting the independence and sovereignty of the Republic of Tajikistan,
- support the efforts of the Republic of Tajikistan to consolidate its democracy, to develop its economy and social infrastructure and to complete its transition to a market economy,
- provide an appropriate framework for political dialogue between the parties to enable the development of close political relations between them,
- promote trade and investment, especially in the energy and water sectors, and harmonious economic relations among the parties in order to promote their sustainable economic development;
- lay the foundation for cooperation in the legislative, economic, social, financial, civil, technological and cultural cooperation fields.
PART Ier. - General principles
Article 2
Respect for democracy and fundamental human rights enshrined in the Universal Declaration of Human Rights, the Charter of the United Nations, the Helsinki Final Act and the Paris Charter for a New Europe inspires the internal and external policies of the parties and constitutes an essential element of this agreement.
Article 3
The parties consider that it is essential for their future prosperity and stability that the new independent States that originate from the dissolution of the Union of Soviet Socialist Republics, hereafter referred to as "independent states", maintain and develop their cooperation in accordance with the principles of the Helsinki Final Act and international law, as well as good-neighbourly relations, and will unite all their efforts to promote this process.
PART II. - Political dialogue
Article 4
A regular and constant political dialogue is established between the parties, which they intend to develop and strengthen. It supports and consolidates the rapprochement of the Community and the Republic of Tajikistan, supports the ongoing political and socio-economic changes in Tajikistan and contributes to the creation of new forms of cooperation. Political dialogue:
- will strengthen the links of the Republic of Tajikistan with the Community and its Member States and, consequently, with the entire community of democratic nations. The economic convergence achieved through this agreement will lead to increased political relations,
- will lead to greater convergence of positions on international issues of mutual interest, thereby increasing security and stability in the region,
- shall provide that the parties shall endeavour to cooperate in areas relating to respect for the principles of democracy and respect, protection and promotion of human rights, including those of persons belonging to minorities and shall consult, if necessary, on relevant matters.
The parties believe that the proliferation of weapons of mass destruction and their means of delivery, both state and non-state actors, is one of the most serious threats to international stability and security. The parties therefore agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery by ensuring full compliance and national implementation of their obligations under international disarmament and non-proliferation treaties and agreements and their other international obligations in this regard. The parties agree that this provision is an essential element of this agreement and will form part of the political dialogue that will accompany and consolidate these elements.
The parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery:
- taking measures to sign or ratify or accede to all other relevant international instruments, as the case may be, and to fully implement them,
- by setting up an effective system of national export controls, covering both the export and transit of goods related to weapons of mass destruction, including a control of the final use of dual-use technologies in the framework of weapons of mass destruction and providing effective sanctions for violations of export controls. This dialogue can take place on a regional basis.
Article 5
At the ministerial level, political dialogue takes place within the Cooperation Council established by Article 77 or on other occasions, on mutual agreement.
Article 6
Other procedures and mechanisms for political dialogue are established by the parties, including the following:
- regular meetings of senior officials representing the Community and its member states, on the one hand, and the Republic of Tajikistan, on the other hand,
- full use of diplomatic channels between the parties, including through appropriate contacts in a bilateral or multilateral framework, including at meetings of the United Nations, the OSCE or other forums,
- any other means such as expert meetings, which could help to consolidate and develop political dialogue.
PART III. - Exchange of goods
Article 7
1. The parties mutually agree to the treatment of the most-favoured nation for everything related to:
- customs duties and import and export taxes, including the method of collection of these duties and taxes,
- the customs clearance, transit, warehouses and transshipment provisions,
- taxes and other internal taxation of all kinds applied directly or indirectly to imported goods,
- payment methods and transfer of such payments,
- rules governing the sale, purchase, transport, distribution and use of goods in the domestic market.
2. The provisions of paragraph 1er does not apply:
(a) the benefits granted for the purpose of creating a customs union or free trade zone or arising from the creation of such a union or area;
(b) benefits to certain countries in accordance with WTO rules and other international arrangements for developing countries;
(c) the benefits granted to neighbouring countries to facilitate border traffic.
3. The provisions of paragraph 1er shall not apply, for a transitional period expiring five years after the coming into force of this Agreement, to the benefits defined in Appendix Ire and granted by the Republic of Tajikistan to other States born of the dissolution of the USSR.
Article 8
1. The parties agree that the principle of the freedom of transit of goods is an essential condition for achieving the objectives of this Agreement.
In this regard, each party guarantees the transit through or through its territory of goods originating from the customs territory or intended for the customs territory of the other party.
2. The rules referred to in Article V, paragraphs 2, 3, 4, and 5 of GATT 1994 shall apply between the parties.
3. The rules contained in this Article shall be in agreement without prejudice to any other special rule agreed between the parties and relating to specific sectors, in particular transport, or products.
Article 9
Without prejudice to the rights and obligations arising from the international conventions on the temporary admission of goods binding on both parties, each party shall grant to the other party the exemption of import duties and taxes on goods temporarily admitted, in the cases and in accordance with the procedures laid down by any other international convention in that area which binds it, in accordance with its legislation. The conditions under which obligations arising from such a convention have been accepted by the party in question will be taken into account.
Article 10
1. Goods originating in the Republic of Tajikistan are imported into the Community outside of any quantitative restrictions or equivalent measures of effect, without prejudice to the provisions of Articles 12, 15 and 16 of this Agreement.
2. Goods originating from the Community are imported into Tajikistan outside quantitative restrictions or equivalent measures of effect, without prejudice to the provisions of Articles 12, 15 and 16 of this Agreement.
Article 11
The goods are exchanged between the parties at market prices.
Article 12
1. Where imports of a given product in the territory of one of the parties increase in proportions or conditions as they cause or may cause harm to national producers of similar or directly competitive products, the Community or the Republic of Tajikistan, as the case may be, may take appropriate measures in the following conditions and procedures.
2. Before taking action or, as soon as possible, in the cases of application of paragraph 4, the Community or the Republic of Tajikistan, as the case may be, shall provide the Cooperation Council with all relevant information to seek an acceptable solution for the parties, as provided for in Part XI.
3. If, as a result of the consultations, the parties fail to reach an agreement, within 30 days of the referral of the Cooperation Council, on the actions to be taken to remedy the situation, the party requesting the consultations is free to limit the imports of the products concerned to the extent and during the period necessary to prevent or repair the damage, or to adopt other appropriate measures.
4. In critical circumstances, where a delay may result in difficult repairs, the parties may take action before the consultations, provided that consultations are proposed immediately after the adoption of these measures.
5. In choosing the measures to be taken under this article, the parties shall accord priority to those that at least disrupt the achievement of the objectives of this Agreement.
6. Nothing in this section prejudges or affects in any way the adoption by either party of anti-dumping or compensatory measures in accordance with Article VI of GATT 1994, the Agreement on the Implementation of Article VI of GATT 1994, the Agreement on Subsidies and Countervailing Measures or the corresponding domestic legislation.
Article 13
The parties undertake to adjust the provisions of this Agreement on their exchange of goods in accordance with the circumstances, including the situation resulting from the future accession of the Republic of Tajikistan to the WTO. The Co-operation Council may make recommendations to the parties regarding adjustments, which, if accepted, may be implemented by agreement between the parties in accordance with their respective procedures.
Article 14
This Agreement does not impede the prohibitions or restrictions of import, export or transit, justified by reasons of public morality, public order, public security, the protection of the health and life of persons and animals or the preservation of plants, the protection of natural resources, the protection of national treasures with an artistic, historical or archaeological value or the protection of intellectual, industrial and commercial property, or the regulations relating to natural resources and However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between the parties.
Article 15
The exchange of textile products under Chapters 50 to 63 of the combined nomenclature is governed by a separate bilateral agreement. After the agreement expires, textile products are incorporated into this agreement.
Article 16
The trade in nuclear material complies with the provisions of the Treaty establishing the European Atomic Energy Community. Where applicable, this trade is governed by the provisions of a specific agreement to be concluded between EWC and the Republic of Tajikistan.
PART IV. - Trade and investment provisions
CHAPTER Ier. - Employment conditions
Article 17
1. Subject to the laws, conditions and procedures applicable in each Member State, the Community and the Member States shall endeavour to ensure that nationals of the Republic of Tajikistan legally resident and employed in the territory of a Member State are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or termination, with respect to nationals of that Member State.
2. Subject to the laws, conditions and procedures applicable to Tajikistan, the Republic of Tajikistan shall endeavour to ensure that workers who are nationals of a legally resident Member State and who are employed in the territory of Tajikistan are not discriminated against on the basis of nationality, with regard to the conditions of work, remuneration or dismissal, in relation to its own nationals.
Article 18
The Cooperation Council examines the improvements that can be made to the working conditions of businessmen in accordance with the international commitments of the parties, including those defined in the Bonn CSCE Conference document.
Article 19
The Cooperation Council makes recommendations for the implementation of articles 17 and 18.
CHAPTER II. - Conditions for the establishment and business of companies
Rule 20
1. The Community and its Member States grant, for the establishment of Tajik companies, as defined in article 22, point (d), treatment no less favourable than that granted to third-country companies.
2. Without prejudice to the reservations listed in Appendix II, the Community and its Member States shall grant to the subsidiaries of Tajik companies established in their territory a treatment not less favourable than that granted to community companies with respect to their operation.
3. The Community and its Member States reserve to the branches of Tajik companies established in their territory a treatment no less favourable than that granted to the branches of companies of a third country, with respect to their exploitation.
4. The Republic of Tajikistan grants to the establishment of community-based companies, as defined in section 22, point (d), a treatment that is not less favourable than that granted to Tajik companies or third-country companies, if it is better.
5. The Republic of Tajikistan grants to subsidiaries or branches of community-based companies established in its territory a treatment not less favourable than that granted to Tajik companies or branches or to companies or branches of a third country, if it is better, with respect to their operation.
Article 21
1. The provisions of section 20 do not apply to air, river and marine transportation.
2. However, with respect to the activities of marine agencies providing international maritime transport services, including intermodal transport activities including a maritime part, each party will authorize companies of the other party to have their commercial presence in its territory in the form of subsidiaries or branches, under conditions of establishment and activity not less favourable than those granted to its own companies or to affiliates or branches of companies of a third country, if these are better.
These activities include, but are not limited to:
(a) the marketing and sale of marine transportation services and related services by direct contact with customers, from price offer to invoice preparation, whether these services are performed or offered by the service provider or by service providers with which the service vendor has established permanent trade agreements;
(b) the purchase and use, on their own behalf or on behalf of their customers (and for resale to their customers) of any transport service or annex, including inland transport services by any mode, including by river, road and rail transport, necessary for the provision of an integrated service;
(c) the preparation of transport documents, customs documents or any other document relating to the origin and nature of the goods transported;
(d) the provision of commercial information by any means, including computerized systems and electronic data exchanges (subject to non-discriminatory restrictions on electronic communications);
(e) the establishment of a commercial arrangement, including participation in the capital of the corporation and the appointment of locally recruited staff (or, in the case of foreign staff, subject to the relevant provisions of this Agreement), with other marine agencies established on site;
(f) the organization, on behalf of the companies, of the vessel's port of call or the handling of the cargo when necessary.
Article 22
For the purposes of this Agreement:
(a) "community society" or "Tajik society" respectively: a corporation incorporated in accordance with the laws of a Member State or the Republic of Tajikistan and having its registered office, central administration or principal establishment in the territory of the Community or Republic of Tajikistan. However, if the company, incorporated in accordance with the legislation of a Member State or the Republic of Tajikistan, has only its registered office in the territory of the Community or Republic of Tajikistan, it will be considered as a community society or a Tajik society if its activity has an effective and continuous connection with the economy of one of the Member States or the Republic of Tajikistan respectively;
(b)" subsidiary" of a corporation: a corporation actually controlled by the first;
(c) » branch of a company: an institution that does not have the legal personality that has the appearance of the permanence, such as the extension of a parent company, has its own management and is materially equipped to negotiate business with third parties in such a way that the latter, although knowing that, if necessary, there will be a legal link with the parent company, whose seat is abroad, are not required to deal directly with the business
(d)" institution": the right for community or Tajik companies defined in (a) to access economic activities through the creation of subsidiaries and branches in Tajikistan or the Community, respectively;
(e) "exploitation": the exercise of economic activity;
(f) » economic activities »: industrial and commercial activities and liberal professions.
With regard to international maritime transport, including intermodal operations involving a maritime route, also benefit from the provisions of this chapter and chapter III, nationals of the Member States or the Republic of Tajikistan, established outside the Community or the Republic of Tajikistan respectively, and the shipping companies established outside the Community or the Republic of Tajikistan and controlled by nationals of a Member State or Republic of Tajikistan, if their ships are registered or registered in the Republic of Tajikistan.
Article 23
1. Notwithstanding any other provision of this Agreement, it is not an obstacle to the adoption by a portion of prudential measures, in particular to ensure the protection of investors, depositors, insurance takers or "fiscal" or to preserve the integrity and stability of the financial system. Where such measures are not in conformity with the provisions of this Agreement, they may not be used to escape obligations to a party under this Agreement.
2. Nothing in this Agreement shall be construed to require a party to disclose information relating to the affairs and accounts of individual clients or any confidential or protected information in possession of public institutions.
3. For the purposes of this Agreement, "financial services" means the activities described in Appendix III.
Article 24
The provisions of this Agreement shall not prejudge the application, by each party, of any measures necessary to avoid the measures it has taken regarding the access of third countries to its market being circumscribed by the provisions of this Agreement.
Rule 25
1. Notwithstanding the provisions of Chapter I of this title, a community corporation or a Tajik corporation established in the territory of the Republic of Tajikistan or the Community respectively has the right to use or employ by any of its subsidiaries or branches, in accordance with the laws in force in the host country, in the territory of the Republic of Tajikistan and the Community respectively, of the nationals of the Member States of the Community and The residence and work permits of these people cover only the period of employment.
2. The basic staff of the companies mentioned above, as described below as "companies", is composed of "persons transferred between companies" as defined in point (c) and belonging to the following categories, provided that the firm has a legal personality and that the persons concerned have been employed by that firm or have been partners of that firm (other than majority shareholders) for at least one year before that transfer:
(a) executives of a firm, whose main function is to manage the establishment, under the control or general direction of the board of directors or shareholders or their equivalents, their function of:
- direct the establishment, or a service or section of the establishment,
- monitor and monitor the work of other employees performing monitoring, management or technical functions;
- to initiate or terminate or recommend the hiring or dismissing of staff or to take other measures relating to staff, under the authority conferred upon them;
(b) persons employed by a firm, who have exceptional essential skills in the service, research equipment, technology or management of the facility. The assessment of this knowledge may include, in addition to the knowledge specific to the institution, the high level of competence for a type of work or activity requiring specific technical knowledge, including membership in an accredited profession;
(c) a "person transferred between businesses" is defined as a natural person working for a firm in the territory of a party and temporarily transferred as part of the exercise of economic activities in the territory of the other party; the relevant firm must have its principal place of business in the territory of a party and the transfer must be made to a subsidiary or branch of that firm, carrying out similar economic activities in the territory of the other party.
Rule 26
1. The parties shall, to the extent possible, endeavour to avoid taking action or undertaking actions that would make the conditions for the establishment and operation of their companies more restrictive than they were on the day before the date of the signing of the agreement.
2. The provisions of this Article shall be without prejudice to those of Article 34: the situations covered by Article 34 shall be governed only by the provisions of this Article, excluding any other provision.
3. Acting in the spirit of partnership and cooperation and in the light of the provisions of Article 40, the Government of the Republic of Tajikistan informs the Community of its intention to propose new legislation or to adopt new regulations that may render the conditions of establishment or operation in Tajikistan of branches and subsidiaries of community companies more restrictive than they were on the day before the date of the signing of the agreement. The Community may request the Republic of Tajikistan to communicate draft laws or regulations and to consult on this matter.
4. Where new legislation or regulations introduced by the Republic of Tajikistan are likely to make the operating conditions of branches and subsidiaries of community-based companies established in the Republic of Tajikistan more restrictive than they were on the day of the signing of this Agreement, these laws or regulations do not apply for the three years following the entry into force of the act in question to the subsidiaries and branches already established in the Republic of Tajikistan at the time of the entry into force of this Agreement.
CHAPTER III. - Cross-border services between the Community and the Republic of Tajikistan
Rule 27
1. The parties undertake, in accordance with the provisions of this chapter, to take the necessary steps to gradually authorize the provision of services by community or Tajik companies that are established in a party other than the recipient of the services, taking into account the evolution of the service sector in both parties.
2. The Cooperation Council makes the necessary recommendations for the implementation of paragraph 1er.
Rule 28
The parties cooperate with a view to developing in the Republic of Tajikistan a service sector that obeys market laws.
Rule 29
1. With regard to international maritime transport, the parties undertake to effectively apply the principle of free market access and traffic on a commercial basis.
(a) The above-mentioned provision does not prejudge the rights and obligations arising from the United Nations Convention on a Code of Conduct for Maritime Conferences applicable to either of the parties to this Agreement. Off-Conference companies are free to compete with a conference, as long as they adhere to the principle of fair competition on a commercial basis.
(b) The parties affirm their adherence to the principle of free competition for the trade in bulk, dry and liquid.
2. In applying the principles of paragraph 1, the parties shall:
(a) refrain from applying, from the entry into force of this Agreement, clauses for the sharing of bilateral agreements between a Member State of the Community and the former Soviet Union;
(b) refrain from introducing, in future bilateral agreements with third countries, cargo-sharing clauses, except in exceptional circumstances where shipping companies of either party to this Agreement would not otherwise have the opportunity to participate effectively in traffic to and from the third country concerned;
(c) prohibit, in future bilateral agreements, cargo-sharing clauses concerning bulk, dry and liquid;
(d) abolish, upon the entry into force of this Agreement, all unilateral measures, administrative, technical and other impediments that may have a restrictive or discriminatory effect on the free provision of services in international shipping.
3. Each party grants, in particular, to vessels operated by nationals or companies of the other party, no less favourable treatment than that reserved for its own ships with respect to access to open ports to international traffic, the use of auxiliary marine infrastructures and services of the ports, as well as the corresponding rights and charges, customs facilities and the allocation of loading and unloading stations.
Rule 30
In order to ensure a coordinated development of transport between the parties, adapted to their commercial needs, the conditions for mutual access to the market and the provision of transport services by road, rail and inland waterway and, where appropriate, air transport, may be subject to specific agreements that will be negotiated between the parties after the entry into force of this Agreement.
CHAPTER IV. - General provisions
Rule 31
1. The provisions of this title apply subject to limitations justified by public, public or public health reasons.
2. They do not apply to activities that, in the territory of the parties, are related, even occasionally, to the exercise of public power.
Rule 32
For the purposes of this title, no provision of this Agreement shall hinder the application by the parties of their laws and regulations relating to admission and residence, employment, working conditions, the establishment of natural persons and the provision of services, provided that the benefits derived by one of the parties from a specific provision of this Agreement are not reduced or compromised. This provision is without prejudice to the application of section 31.
Rule 33
Companies controlled or owned jointly by Tajik companies and community corporations also benefit from the provisions of chapters II, III and IV.
Rule 34
The treatment granted, since the day preceding one month, the date of entry into force of the relevant obligations arising from the General Agreement on Trade in Services (GATS), by one of the parties to the other party under this Agreement is in no way more favourable, in respect of the sectors or measures covered by the GATS, than that granted by that first part in accordance with the provisions of the GATS, regardless of the sector,
Rule 35
For the purposes of chapters II, III and IV, it is not taken into account the treatment granted by the Community, its member States or the Republic of Tajikistan by virtue of commitments entered into in economic integration agreements in accordance with the principles of Article V of the GATS.
Rule 36
1. The treatment of the most favoured nation granted in accordance with the provisions of this Title does not apply to the tax benefits that the parties grant or grant in the future on the basis of agreements to avoid double taxation or other tax arrangements.
2. Nothing in this title shall be construed to prevent the adoption or application by the parties of a measure to avoid tax evasion in accordance with the tax provisions of agreements to avoid double taxation and other tax arrangements, or national tax legislation.
3. Nothing in this title shall be construed in such a way as to prevent Member States or the Republic of Tajikistan from making a distinction, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in identical situations, in particular with respect to their place of residence.
Rule 37
Without prejudice to Article 24, no provision of Chapters II, III and IV shall be construed as giving the right to:
- nationals of the Member States or the Republic of Tajikistan to enter or remain in the territory of the Republic of Tajikistan or the Community, respectively, in any capacity, and in particular as shareholders or partners of a company or managers or employees of that company or service providers or beneficiaries,
- branches or community affiliates of Tajik companies to use or use in the territory of the Community of Nationals of the Republic of Tajikistan,
- Tajik branches or subsidiaries of community-based companies to use or employ nationals of member states in the territory of the Republic of Tajikistan,
- Tajik companies or community branches or subsidiaries of Tajik companies to provide Tajik nationals to act on behalf of and under the control of other persons under temporary employment contracts,
- community companies or Tajik subsidiaries or branches of community companies to provide workers who are nationals of Member States under temporary employment contracts.
CHAPTER V. - Current payments and capital
Rule 38
1. The parties undertake to authorize, in a freely convertible currency, all payments on the current account of the balance of payments between residents of the Community and the Republic of Tajikistan that are related to the circulation of goods, services or persons made in accordance with this Agreement.
2. With respect to transactions relating to the balance of capital transactions, the parties shall ensure, from the date of entry into force of this Agreement, the free movement of capital in respect of direct investment in incorporated companies in accordance with the laws of the host country and the investments made in accordance with the provisions of Chapter II, as well as the liquidation or repatriation of the proceeds of such investments and any benefit arising therefrom.
3. Without prejudice to paragraph 2 or paragraph 5, the parties shall refrain from the entry into force of this Agreement, introduce new exchange restrictions affecting capital movements and current payments related to these movements between residents of the Community and Tajikistan and make existing arrangements more restrictive.
4. The parties shall consult with a view to facilitating the movement of capital types other than those mentioned in paragraph 2 between the Community and the Republic of Tajikistan to promote the objectives of this Agreement.
5. On the basis of the provisions of this Article, as long as the total convertibility of the Tajik currency within the meaning of Article VIII of the statutes of the International Monetary Fund (IMF) has not been established, the Republic of Tajikistan may, in exceptional circumstances, apply foreign exchange restrictions related to the granting or obtaining short- and medium-term financial credits, to the extent that these restrictions are imposed on it for the granting of the IMF The Republic of Tajikistan applies these restrictions in a non-discriminatory manner. These restrictions must at least disrupt the operation of this Agreement. The Republic of Tajikistan shall promptly inform the Cooperation Council of the adoption of such measures and any changes it may make.
6. Without prejudice to paragraphs 1er and 2, where, in exceptional circumstances, the free movement of capital between the Community and the Republic of Tajikistan causes, or may cause, serious difficulties in the functioning of the exchange policy or monetary policy of the Community or Tajikistan, the Community and the Republic of Tajikistan, respectively, may take measures to safeguard capital movements between the Community and the Republic of Tajikistan for a period not exceeding six months if such measures are strictly necessary.
CHAPTER VI. - Protection of intellectual, industrial and commercial property
Rule 39
1. In accordance with the provisions of this Article and Annex IV, the Republic of Tajikistan continues to improve the protection of intellectual, industrial and commercial property rights in order to ensure, by the end of the fifth year following the entry into force of this Agreement, a level of protection similar to that existing in the Community, including the means provided to ensure respect for these rights.
2. At the end of the fifth year following the entry into force of this Agreement, the Republic of Tajikistan adheres to the multilateral intellectual, industrial and commercial property conventions referred to in Annex IV paragraph 1er to which member States are parties or which are applied de facto by member States in accordance with the relevant provisions of those conventions. For the implementation of this provision, the Community will provide support where it is possible.
PART V. - Legislative cooperation
Rule 40
1. The parties recognize that an important condition for strengthening the economic ties between the Republic of Tajikistan and the Community is the rapprochement of the existing and future legislation of the Republic of Tajikistan with that of the Community. The Republic of Tajikistan is making every effort to ensure that its legislation is progressively compatible with community legislation.
2. The approximation of legislation includes, in particular, the following areas: customs legislation, corporate law, banking and other financial services legislation, business accounting and taxation, intellectual property, workplace protection of workers, competition rules, including all related issues and practices related to trade, public procurement, protection of the health and life of persons and animals, and preservation of plants, environment, consumer protection, indirect taxation,
3. The Community provides technical assistance to the Republic of Tajikistan for the implementation of these measures, which may include:
- the exchange of experts;
- the provision of rapid information, including the relevant legislation;
- organization of seminars,
- training of persons associated with the development and implementation of legislation;
- assistance for the translation of community legislation in the sectors concerned.
4. The parties agree to consider how to apply their respective competition rules in a concerted manner in the event that the exchanges between the parties are affected.
PART VI. - Socio-economic cooperation
Rule 41
1. The Community and the Republic of Tajikistan establish economic cooperation to contribute to the process of economic reform and recovery and to the sustainable development of the Republic of Tajikistan. This cooperation reinforces existing economic ties in the interests of the parties.
2. Policies and other measures aim to promote economic and social reforms and the restructuring of the economic systems of the Republic of Tajikistan and are guided by the principles of harmonious social sustainability and development; They also fully incorporate environmental and poverty reduction considerations.
3. To this end, cooperation is focused on economic and social development, human resources development, business support (privatization, investment and development of financial services in particular), agriculture and the food sector (including food security), water management, energy (including hydro-electricity) and civil nuclear security, health and the fight against poverty, transport, postal services, electronic communications,
4. Particular attention is paid to measures that could promote the economic potential of the Republic of Tajikistan and regional cooperation.
5. Where applicable, economic cooperation and other forms of cooperation under this Agreement may be supported by technical assistance from the Community, taking into account the relevant Community Regulation of the Council applicable to technical assistance to independent States, the priorities agreed in the indicative programme for technical assistance of the Community to Central Asia and its application to Tajikistan and the procedures for coordination and implementation set out therein. The Republic of Tajikistan may also benefit from other community programs in accordance with the appropriate regulations adopted by the Council.
Rule 42
Cooperation in the area of trade in goods and services
The parties cooperate to ensure the conformity of the international trade of the Republic of Tajikistan with WTO rules. The Community provides technical assistance to the Republic of Tajikistan for this purpose.
This cooperation includes specific areas that have a direct relationship with trade facilitation, in particular with a view to assisting the Republic of Tajikistan to align its legislative and regulatory provisions with WTO rules and to fulfil as soon as possible the conditions for membership in the WTO. These areas include:
- the formulation of a policy on trade and trade issues, including payment and compensation mechanisms,
- development of relevant legislation.
Rule 43
Industrial cooperation
1. In particular, cooperation aims to promote:
- the development of trade links between the economic operators of the two parties, including between small and medium-sized enterprises,
- the participation of the Community in the efforts of the Republic of Tajikistan to restructure its industry,
- improved management,
- improvement of quality and adaptation to international standards of industrial products,
- the development of a satisfactory production and processing capacity in the raw materials sector,
- the establishment of adequate trade rules and practices, including the marketing of products,
- environmental protection,
- the conversion of the weapons industries,
- staff training.
2. The provisions of this section do not affect the application of community competition rules to businesses.
Rule 44
Promotion and protection of investments
1. In keeping with the respective powers and competences of the Community and its member States, cooperation aims to create an environment conducive to investment, both domestic and foreign, particularly by the realization of better conditions for the protection of investments, the transfer of capital and the exchange of information on investment opportunities.
2. The objectives of cooperation include:
- the conclusion, if any, between the Member States and the Republic of Tajikistan of agreements to avoid double taxation;
- creating favourable conditions to attract foreign investment to the Tajik economy;
- the establishment of stable and adequate trade laws and conditions, as well as the exchange of information on investment laws, regulations and administrative practices;
- the exchange of information on investment opportunities within, inter alia, trade fairs, exhibitions, commercial weeks and other events.
Rule 45
Public procurement
The parties cooperate to promote open competition in procurement of goods and services, including through tenders.
Rule 46
Cooperation in the field of standards and conformity assessment
1. Cooperation between the parties aims to encourage alignment with the international criteria, principles and guidelines followed in the field of metrology, standards and conformity assessment, to facilitate mutual recognition in the field of conformity assessment, and to improve the quality of Tajik products.
2. To this end, the parties endeavour to cooperate in technical assistance projects to:
- promote appropriate cooperation with organizations and specialized agencies in these areas;
- promote the use of Community technical rules and the application of European conformity assessment standards and procedures;
- promote the sharing of experience and technical information in quality management.
Rule 47
Mining and raw materials
1. The parties aim to increase investment and trade in the mining and raw materials sector, including non-ferrous metals.
2. In particular, cooperation focuses on:
- the exchange of information on developments in the mining sector and the non-ferrous metal sector,
- the establishment of a legal framework for cooperation,
- trade issues,
- the adoption and implementation of legislative measures in the field of environmental protection,
- training,
- safety in the mining industry.
Rule 48
Cooperation in science and technology
1. The parties promote, in their mutual interest, cooperation in the field of civil scientific research and technological development and, taking into account available resources, appropriate access to their respective programmes, subject to the effective and adequate protection of intellectual, industrial and commercial property rights.
2. Cooperation in science and technology includes:
- the exchange of scientific and technological information;
- joint research and development activities;
- training activities and mobility programmes for scientists, researchers and technicians from both sides working in the field of research and technological development.
Where such cooperation is carried out in activities related to education and/or training, it must comply with the provisions of Article 49.
On the basis of mutual agreement, parties can engage in other forms of cooperation in science and technology.
As part of these cooperative activities, special attention is given to the redeployment of scientists, engineers, researchers and technicians who participate or have participated in either research into the production of weapons of mass destruction or in research and production.
3. Cooperation under this article shall be implemented in accordance with specific arrangements negotiated and concluded in accordance with the procedures adopted by each party, which shall, inter alia, establish appropriate provisions on intellectual, industrial and commercial rights.
Rule 49
Education and training
1. The parties cooperate to raise the level of general education and professional qualifications of the Republic of Tajikistan in both the public and private sectors.
2. In particular, cooperation focuses on:
- the rehabilitation of the higher education and training systems of the Republic of Tajikistan, including the certification system of higher education institutions and higher education diplomas;
- training of public and private sector managers and officials in priority areas to be identified;
- cooperation between educational institutions and between educational institutions and enterprises;
- the mobility of teachers, graduates, administrators, young scientists and researchers, as well as youth;
- promotion of European studies in appropriate institutions;
- teaching community languages;
- the post-university training of conference interpreters;
- training journalists;
- training trainers.
3. The possible participation of a party in the various education and training programmes of the other party may be considered in accordance with their respective procedures and, where appropriate, institutional frameworks and cooperation programmes are then established by reference to the participation of the Republic of Tajikistan in the TEMPUS programme of the Community.
Rule 50
Agriculture and agro-industrial sector
In this area, cooperation aims to promote agrarian reform and agricultural structures, the modernization, the fight against diseases, the privatization and the restructuring of agriculture, livestock, the agro-industrial sector and the services sector of the Republic of Tajikistan, to develop national and international markets for Tajik products, in conditions ensuring the protection of the environment, taking into account the need to improve the security of the food industry, The parties also aim to gradually bring Tajik standards closer to community technical regulations on industrial and agricultural food, including sanitary and phytosanitary standards.
Rule 51
Energy
1. Co-operation is part of the principles of the market economy and the European Energy Charter and is developing in the perspective of a progressive integration of energy markets in Europe.
2. Cooperation focuses on the formulation and development of an energy policy. It includes:
- improving the management and regulation of the energy sector in accordance with a market economy,
- improving energy supply, including security of supply, in an economically and environmentally sound manner,
- the promotion of energy savings and energy efficiency and the implementation of the Energy Charter protocol on energy efficiency and related environmental aspects,
- the modernization of energy infrastructure,
- improvement of supply and end-use technologies regardless of energy type,
- management and technical training in the energy sector,
- the transport and transit of energy and energy materials,
- the realization of a set of institutional, legal, fiscal and other conditions necessary to encourage exchanges and investments in energy,
- the development of hydroelectric resources and other renewable energy sources.
3. The parties exchange relevant information on investment projects in the energy sector, particularly with regard to the production of energy resources and the construction and restoration of oil and gas pipelines or other means of transporting energy products. They attach particular importance to cooperation on investments in the energy sector and how they are regulated. They cooperate with a view to implementing the provisions of Part IV and Article 44 as effectively as possible with regard to investments in the energy sector.
Rule 52
Environment and health
1. In the spirit of the European Energy Charter, the statements of the Lucerne conference of April 1993 and the Sofia conference of October 1995, and in the light of the Treaty on the Energy Charter, including its Article 19, and the Protocol of the Energy Charter on Energy Efficiency and Related Environmental Aspects, the parties develop and strengthen their cooperation in the field of human health and the environment.
2. Cooperation aims to protect the environment, combat all forms of pollution, including:
- effective pollution monitoring and environmental assessment; an environmental information system;
- the fight against local, regional and transboundary air and water pollution;
- rehabilitation of the environment;
- sustainable, efficient and ecological energy production and consumption;
- safety of industrial facilities;
- classification and safe handling of chemicals;
- water quality;
- the clean reduction, recycling and disposal of waste, the implementation of the Basel Convention when signed;
- the impact of agriculture on the environment; soil erosion; chemical pollution;
- forest protection;
- the preservation of biodiversity and protected areas and the sustainable use and management of biological resources;
- spatial planning, including construction and urban planning;
- the use of economic and fiscal instruments;
- the evolution of the global climate;
- education and ecological awareness;
- the implementation of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context, when signed.
3. Cooperation includes:
- planning for disasters and other emergencies;
- exchange of information and experts, in particular with regard to the transfer of clean technologies and the safe and ecological use of biotechnology;
- joint research activities;
- adaptation of legislation to community standards;
- regional cooperation, including within the framework of the European Environment Agency, and international cooperation;
- development of strategies, in particular with regard to global and climate problems and the achievement of sustainable development;
- Environmental impact studies.
4. The parties endeavour to develop their cooperation on health issues, in particular through the technical assistance provided for the prevention of infectious diseases and the control of these diseases and for the protection of mothers and young children.
Rule 53
Transport
The parties develop and strengthen their cooperation in the field of transport.
This cooperation aims, inter alia, to restructure and modernize the transport systems and networks of the Republic of Tajikistan; develop and ensure, where appropriate, the compatibility of transport systems from a globalisation perspective; identify and develop priority projects and strive to attract the necessary investments to achieve them.
Cooperation includes:
- modernization of the management and operation of road transport, railways and airports;
- the modernization and development of road, rail, airport and inland waterway infrastructure, as well as navigation aid systems, including the modernization of the main axes of common interest and trans-European links for the above-mentioned modes of transport, including those concerning the TRACECA project;
- the promotion and development of multimodal transport;
- promoting joint research and development programmes;
- the preparation of the legal and institutional framework for the development and implementation of a transport policy including the privatization of the transport sector;
- simplification of procedures for any form of transport in the region.
Rule 54
Electronic Communications and Postal Services
As part of their respective powers and expertise, the parties extend and strengthen cooperation in the following areas:
- the development of policies and guidelines for the development of the electronic communications and postal services sector;
- the formulation of the principles of tariff policy and the marketing of electronic communications and postal services;
- transfer of technology and know-how, particularly with regard to European technical standards and certification systems;
- encouraging the development of electronic communications and postal services projects, and attracting investment;
- improving the efficiency and quality of electronic communications services and postal services, including through the liberalization of subsector activities;
- advanced application of electronic communications, particularly in the area of electronic transfer of funds;
- the management of electronic communications networks and their optimization;
- the definition of an appropriate regulatory basis for the provision of electronic and postal communication services and for the use of the range of radio frequencies;
- training in the field of electronic communications and postal services for use in market conditions.
Rule 55
Financial services and tax institutions
1. Cooperation in the financial services sector aims in particular to facilitate the integration of the Republic of Tajikistan into universally accepted regulatory systems. Technical assistance includes:
- the establishment of a stock and bond market,
- the development of banking services, the development of a common finance market and the integration of the Republic of Tajikistan into a system of universally accepted regulations,
- the development of insurance services, which would create, among other things, a framework conducive to the participation of community companies in the creation of joint ventures in the insurance sector of the Republic of Tajikistan, as well as the development of export credit insurance.
This cooperation in particular contributes to the development of relations between the parties in the financial services sector.
2. The parties cooperate in the development of a tax system and tax institutions of the Republic of Tajikistan. This cooperation includes the exchange of information and experiences in the tax field and the training of persons associated with the development and implementation of the tax policy.
Rule 56
Restructuring and privatization of enterprises
Recognizing the fundamental importance of privatization to ensure sustainable economic recovery, the parties agree to cooperate in the development of the necessary institutional, legal and methodological framework. Particular attention will be given to the smooth running and transparency of the privatization process, the exchange of information and experience and the appropriate training in investment policy.
Technical assistance includes:
- to continue within the Government of the Republic of Tajikistan the development of an institutional framework to assist in the definition and management of the privatization process;
- to continue the development of the privatization strategy of the Government of the Republic of Tajikistan, including the legislative framework, and implementation mechanisms;
- to promote market-based solutions for land use and usufruct;
- to restructure enterprises that are not yet ready for privatization;
- to develop the private enterprise, particularly in the small and medium-sized enterprises sector;
- to develop investment funds.
The aim of this cooperation is to contribute to the promotion of community investments in the Republic of Tajikistan.
Rule 57
Regional development
1. The parties strengthen their cooperation in the area of regional development and land development.
2. To this end, the parties encourage the exchange of information by national, regional and local authorities on regional policy and land-use planning as well as on regional policy formulation methods, including on the development of disadvantaged regions.
They also encourage direct contacts between the respective regional and public organizations responsible for regional development planning with the aim, inter alia, to exchange information on how to encourage regional development.
Rule 58
Social cooperation
1. In the area of health and safety, the parties develop their cooperation with the aim of improving, among other things, the level of protection of workers' health and safety.
Cooperation includes:
- health and safety education and training, with special attention to high-risk sectors;
- the development and promotion of preventive measures to combat diseases and other occupational conditions;
- the prevention of major accidents and the management of toxic chemicals;
- research on the development of information and understanding regarding the work environment and the health and safety of workers.
2. In the area of employment, cooperation includes technical assistance related to:
- optimization of the labour market;
- modernization of investment and orientation services;
- planning and implementation of restructuring programmes;
- promoting local employment development;
- the exchange of information on flexible employment programs, including those that stimulate self-employment and encourage the entrepreneurial spirit.
3. The parties pay particular attention to cooperation in the area of social protection, including cooperation in the planning and implementation of social protection reforms in the Republic of Tajikistan.
These reforms aim to develop market-specific protection methods in Tajikistan and include all relevant forms of social protection.
Rule 59
Tourism
The parties strengthen and develop their cooperation, including:
- promoting tourism exchanges;
- increasing the flow of information;
- transferring know-how;
- examining opportunities for joint actions;
- ensuring cooperation between official tourism bodies, including the preparation of promotional material;
- providing training for tourism development.
Rule 60
Small and medium-sized enterprises
1. The parties aim to develop and strengthen small and medium-sized enterprises (SMEs) and their associations and cooperation between small and medium-sized enterprises of the Community and the Republic of Tajikistan.
2. Cooperation includes technical assistance, including:
- creation of a legislative framework for small and medium-sized enterprises;
- development of an appropriate infrastructure to support P.M.E., to promote communication and commercial cooperation between P.M.E. both within and beyond the Republic of Tajikistan, and to train P.M.E. with the necessary techniques to access funding;
- training in the areas of marketing, accounting and quality control of products.
Rule 61
Information and communication
The parties support the development of modern information management methods, including media, and promote effective information exchange. Priority is given to programs to provide the general public with basic information about the Community and the Republic of Tajikistan, including, to the extent possible, access to databases, taking into account intellectual property rights.
Rule 62
Consumer protection
The parties establish close cooperation between them to achieve compatibility between their consumer protection systems. This cooperation includes the exchange of information on legislative activities and institutional reforms, the establishment of permanent systems of reciprocal information on hazardous products, the improvement of information provided to consumers particularly in terms of prices, characteristics of products and services offered, the development of exchanges between consumer interests representatives and the improvement of the compatibility of consumer protection policies and the organization of seminars and training courses.
Rule 63
Customs
1. Cooperation is aimed at ensuring compliance with all provisions to be agreed on in trade and fair trade and at bringing the customs regime of the Republic of Tajikistan closer to that of the Community.
2. Cooperation includes:
- exchange of information;
- improvement of working methods;
- introduction of the combined nomenclature and single administrative document;
- simplification of controls and formalities with regard to the transport of goods;
- support for the introduction of modern customs information systems;
- organization of seminars and training courses.
Technical assistance is provided if necessary.
3. Without prejudice to other forms of cooperation provided for in this Agreement, particularly under Part VIII, mutual assistance in customs matters between the administrative authorities of the parties shall be governed by the provisions of the Protocol attached to this Agreement.
Rule 64
Statistical cooperation
Cooperation in this area aims to establish an effective statistical system to provide reliable statistics, to support and monitor the process of socio-economic reforms and to contribute to the development of the private enterprise in the Republic of Tajikistan.
The parties cooperate, in particular, in the following areas:
- adaptation of the Tajik statistical system to international methods, standards and classifications;
- exchange of statistical information;
- provision of macroeconomic and micro-economic statistical information necessary for the implementation and management of economic reforms.
To this end, the Community provides technical assistance to the Republic of Tajikistan.
Rule 65
Economic science
The parties facilitate the process of socio-economic reform and the coordination of economic policies through cooperation to improve the understanding of the fundamental mechanisms of their respective economies and the design and implementation of economic policy in market economies. To this end, the parties exchange information on macroeconomic results and perspectives.
The Community provides technical assistance to:
- assist the Republic of Tajikistan in the economic reform process by providing specialized advice and technical assistance;
- encourage cooperation between economists in order to accelerate the transfer of know-how necessary for the formulation of economic policies and to ensure a wide dissemination of the results of the related research;
- improving the capacity of the Republic of Tajikistan to establish economic models.
PART VII. - Cooperation in the fields of democracy and human rights
Rule 66
The parties cooperate on all matters concerning the establishment or strengthening of democratic institutions, including those required to strengthen the rule of law and the protection of human rights and fundamental freedoms in accordance with the principles of international law and the OSCE.
This cooperation includes technical assistance programmes to provide assistance, in particular, for the drafting of relevant legislation and regulations, the implementation of this legislation, the functioning of judicial institutions, the role of the State in matters of justice and the functioning of the electoral system. Training is included in the programmes as needed. The parties encourage contacts and exchanges between their national, regional and judicial authorities, between their parliamentarians and between non-governmental organizations.
PART VIII. - Cooperation in the area of prevention of illegal activities and prevention and control of illegal immigration
Rule 67
The parties establish cooperation to prevent illegal activities such as:
- illegal economic activities, including corruption;
- illegal transactions involving various goods, including industrial waste, illicit arms trafficking;
- counterfeiting.
Cooperation in the above areas is based on mutual consultations and close interaction. It includes the provision of technical and administrative assistance, including:
- the development of national legislation in the area of prevention of illegal activities;
- the creation of information centres;
- strengthening the effectiveness of institutions active in the field of the prevention of illegal activities;
- training staff and development of research infrastructure;
- the development of mutually acceptable measures to combat illegal activities.
Rule 68
Money laundering
1. The parties agree on the need to work and cooperate to prevent the use of their financial systems for money laundering from criminal activities in general and the illicit trafficking of drugs in particular.
2. Cooperation in this area includes administrative and technical assistance to adopt appropriate standards to combat money-laundering, comparable to those adopted in this area by the Community and international bodies active in this area, and in particular the international financial action group (FATF).
Rule 69
Drug control
As part of their respective powers and competencies, the parties cooperate to increase the effective application and effectiveness of policies and measures to combat the illicit production, supply and trafficking of narcotic drugs and psychotropic substances, including the prevention of the diversion of chemical precursors, as well as to promote the prevention and reduction of drug demand. With regard to the control of chemical precursors and other essential substances used for the illicit production of narcotic drugs and psychotropic substances, this cooperation is based on the standards adopted by the Community and relevant international bodies, such as those of the Chemicals Action Group. Cooperation in this area is based on mutual consultation and close coordination among the parties with regard to the objectives and measures to be taken in the various areas of drug control.
Rule 70
Cooperation in immigration
1. The parties reaffirm the importance they attach to joint management of migratory flows between their territories. In order to strengthen their cooperation, they will engage in a comprehensive dialogue on all migration issues, including clandestine immigration and human trafficking, as well as the inclusion of migration issues in national strategies for socio-economic development in countries of origin of migrants.
2. Cooperation will be based on an assessment of the specific needs carried out in mutual consultation with the parties and will be implemented in accordance with existing community and national legislation. It will focus on:
(a) The root causes of migration;
(b) the development and implementation of national laws and practices on international protection, with a view to complying with the provisions of the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol, as well as any other regional or international instrument to enforce the principle of "non-refoulement";
(c) the rules of admission, as well as the rights and status of persons admitted, the equitable treatment and integration of migrants in a legal situation in society, the education and training of legal migrants and measures to combat racism and xenophobia;
(d) the development of an effective preventive policy against illegal immigration and trafficking in human beings, including the study of ways to combat networks and criminal organizations of smugglers and traffickers and to protect victims of such trafficking;
(e) the return, in human and dignified conditions, of persons illegally residing in the territory of a country, including the promotion of their voluntary return, and their readmission, in accordance with paragraph 3;
(f) the field of visas, including on points of common interest;
(g) the area of border controls, particularly with regard to the organization, training, best practices and any other measures applied on the ground and, where applicable, the provision of equipment, while recognizing the potential dual use of such equipment.
3. As part of the cooperation to prevent and control clandestine immigration, the parties agree to renew their illegal immigrants. To this effect:
- the Republic of Tajikistan agrees to renew its citizens present illegally in the territory of a Member State of the European Union, at the request of the latter and without other formalities;
and
- each Member State of the European Union agrees to renew its citizens present illegally in the territory of the Republic of Tajikistan, at the request of the latter and without other formalities.
The Member States of the European Union and the Republic of Tajikistan will provide their nationals with the necessary identity documents for this purpose. The parties agree to conclude, at the request of one of them and as soon as possible, an agreement governing the specific obligations of the Republic of Tajikistan and the Member States of the European Community in respect of readmission, and including an obligation to readmission of nationals from other countries and stateless persons.
For the purposes of this Agreement, "the parties", the European Community, each of its member States, and the Republic of Tajikistan.
Rule 71
Combating terrorism
The parties reaffirm the importance of combating terrorism and, in accordance with international conventions and their respective laws and regulations, cooperate in the prevention and suppression of terrorist acts. They will act in particular:
- within the framework of the full implementation of United Nations Security Council Resolution 1373 and other United Nations resolutions, conventions and other relevant international instruments;
- exchange of information, in accordance with international and national laws, on terrorist groups and their support networks;
- and through exchanges of views on the means and methods used to combat terrorism, including technical areas and training, and through an exchange of experiences on the prevention of terrorism.
PART IX. - Cultural cooperation
Rule 72
The parties undertake to promote, encourage and facilitate cultural cooperation. Where applicable, the existing cultural cooperation programs of the Community or those of one or more of its member States may be the subject of cooperation and other activities of mutual interest may be undertaken.
TITRE X. - Financial cooperation
Rule 73
In order to achieve the objectives of this Agreement and in accordance with Articles 74, 75 and 76, the Republic of Tajikistan receives temporary financial assistance granted to it by the Community through technical assistance in the form of grants.
Rule 74
This financial assistance is covered by the measures provided under the Tacis program and the Commission's Community Regulation. The Republic of Tajikistan can also benefit from other types of community assistance according to the needs of the country. Particular attention will be given to the concentration of aid, the coordination of aid instruments and the link between the various types of humanitarian community assistance, rehabilitation, and development. Poverty reduction will be integrated into community programs.
Rule 75
The objectives and areas of the Community's financial assistance will be defined in an indicative programme reflecting the agreed priorities between the Community and the Republic of Tajikistan, taking into account the needs of the Republic of Tajikistan, its sectoral capacity for absorption and the evolution of reforms. The parties shall inform the Cooperation Council.
Rule 76
In order to maximize the use of available resources, the parties ensure that there is close coordination between the Community's assistance and the contributions of other stakeholders, such as the Member States, other countries, and international organizations, such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.
PART XI. - Institutional, general and final provisions
Rule 77
A Cooperation Council is established to oversee the implementation of this Agreement. The Cooperation Council meets regularly at the ministerial level according to a periodicity it determines. It shall consider any important issues arising under this Agreement, as well as any other bilateral or international matter of mutual interest in achieving the objectives of this Agreement. The Cooperation Council may also make appropriate recommendations, in agreement between the parties.
Rule 78
1. The Council of Cooperation is composed, on the one hand, of members of the Council of the European Union and members of the Commission of the European Communities and, on the other, of members of the Government of the Republic of Tajikistan.
2. The Council of Cooperation shall determine its rules of procedure.
3. The Presidency of the Council of Cooperation is held in turn by a representative of the Community and a member of the Government of the Republic of Tajikistan.
Rule 79
1. The Council of Cooperation is assisted, in carrying out its tasks, by a cooperation committee composed, on the one hand, of representatives of the members of the Council of the European Union and members of the Commission of the European Communities and, on the other, representatives of the Government of the Republic of Tajikistan, normally at the level of senior officials. The chair of the cooperation committee is in turn exercised by the Community and the Republic of Tajikistan.
In its rules of procedure, the Cooperation Council determines the mission of the Cooperation Committee, which includes the preparation of the meetings of the Cooperation Council, as well as the mode of operation of that Committee.
2. The Cooperation Council may delegate all or part of its competence to the Cooperation Committee, which will ensure continuity between the meetings of the Cooperation Council.
Rule 80
The Co-operation Council may decide to establish any other committee or body to assist it in carrying out its tasks and determine its composition, mission and operation.
Rule 81
In considering an issue arising under this Agreement in relation to a provision referring to an article in one of the WTO agreements, the Cooperation Council shall take into account, to the extent possible, the generally given interpretation of the article in question by WTO members.
Rule 82
A parliamentary committee for cooperation is established. This committee is a forum where members of the Tajik Parliament and members of the European Parliament meet and exchange their views, in particular on issues related to political dialogue at the parliamentary level. It meets according to a periodicity that it determines.
Rule 83
1. The Parliamentary Cooperation Committee is composed of members of the European Parliament and, on the other hand, members of the Tajik Parliament.
2. The Parliamentary Committee for Cooperation sets out its rules of procedure.
3. The chair of the parliamentary committee for cooperation is exercised in turn by the European Parliament and the Tajik Parliament, in accordance with the terms to be set out in the rules of procedure.
Rule 84
The Parliamentary Cooperation Committee may request the Cooperation Council to provide it with any useful information regarding the implementation of this Agreement; the Cooperation Council shall provide the information requested.
The Parliamentary Cooperation Committee is informed of the recommendations of the Cooperation Council.
The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council.
Rule 85
1. As part of this agreement, each party undertakes to ensure the access of the natural and legal persons of the other party, without any discrimination against its own nationals, to the competent courts and administrative bodies of the parties in order to assert their individual and real rights, including those relating to intellectual, industrial and commercial property.
2. Within their respective powers and competences, the parties shall:
- encourage the use of arbitration to resolve disputes arising from commercial transactions and cooperation between the economic operators of the Community and those of the Republic of Tajikistan;
- agree that where a dispute is subject to arbitration, each party to the dispute may, except in the case where the rules of the arbitration centre chosen by the parties decide otherwise, choose its own arbitrator, irrespective of its nationality, and that the third arbitrator or sole arbitrator may be a national of a third State;
- recommend to their economic operators to agree on the law applicable to their contracts;
- encourage the use of arbitration rules developed by the United Nations Commission on International Trade Law (UNCITRAL) and arbitration by any centre of a State signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958.
Rule 86
Nothing in this Agreement shall prevent a party, within the limits of its respective powers and powers, from taking the measures:
(a) considers it necessary to prevent the disclosure of information contrary to the essential interests of its security;
(b) that relate to the production or trade of weapons, ammunition or war-related equipment or to research, development or production essential to its defence, provided that such measures do not adversely affect competition conditions for non-military products;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that may affect public peace, in the event of war or serious international tension that poses a threat of war or in the fulfilment of obligations it has accepted to ensure the maintenance of peace and international security;
(d) that it considers necessary to meet its international obligations and commitments to control dual-use industrial goods and technologies.
Rule 87
1. In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by the Republic of Tajikistan in respect of the Community shall not discriminate between the Member States, their nationals or their societies,
- the regime applied by the Community in respect of the Republic of Tajikistan shall not discriminate between nationals of the Republic of Tajikistan or its societies.
2. The provisions of paragraph 1er without prejudice to the right of the parties to apply the relevant provisions of their tax legislation to taxpayers who are not in an identical situation as to their place of residence.
Rule 88
1. Each party may refer to the Cooperation Council for any dispute relating to the application or interpretation of this Agreement.
2. The Cooperation Council may resolve disputes by recommendation.
3. In the event that it is not possible to resolve the dispute in accordance with paragraph 2 of this article, each party may notify the designation of a conciliator to the other party, which is then required to designate a second conciliator within two months. For the purposes of this procedure, the Community and the Member States are considered to be a single party to the dispute.
The Cooperation Council shall designate a third conciliator.
The recommendations of the conciliators are made by a majority.
These recommendations are not mandatory for parties.
Rule 89
The parties agree to consult with each other expeditiously at the request of one of them to consider any matter relating to the interpretation or implementation of this Agreement and other relevant aspects of their mutual relations.
The provisions of this Article shall not affect in any way those of Articles 12, 88 and 94 and shall agree without prejudice to them.
The Cooperation Council may establish a procedural settlement for the settlement of disputes.
Rule 90
The regime granted to the Republic of Tajikistan under this Agreement is in no way more favourable than that which the Member States apply among themselves.
Rule 91
For the purposes of this Agreement, the term "Parties" means, on the one hand, the Republic of Tajikistan and, on the other, the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers.
Rule 92
To the extent that the materials covered by this Agreement are covered by the Treaty of the European Energy Charter and its Protocols, the Treaty and the Protocols shall apply, as soon as the Agreement comes into force, to these matters, but only to the extent that such application is provided for.
Rule 93
This Agreement shall be concluded for an initial period of ten years, after which it is automatically renewed from year to year provided that neither of the two parties denounces it by a written notification to the other party six months before its expiry.
Rule 94
1. The parties shall take any general or special measures necessary to fulfil their obligations under this Agreement. They ensure that the objectives set out in this Agreement are met.
2. If a party considers that the other party has not fulfilled any of its obligations under this Agreement, it may take appropriate action. Previously, except in the case of a special emergency, it must provide the Co-operation Council with all relevant information necessary for a thorough review of the situation with a view to finding an acceptable solution for the parties.
When choosing these measures, priority must be given to those that at least disrupt the operation of this Agreement. These measures are notified immediately to the Cooperation Council at the request of the other party.
Rule 95
Annexes Ire, II, III and IV and the protocol are an integral part of this Agreement.
Rule 96
This Agreement shall not affect, before equivalent rights have been granted to persons and economic operators under this Agreement, the rights guaranteed to them by existing agreements linking one or more Member States, on the one hand, and the Republic of Tajikistan, on the other hand, except in areas within the competence of the Community and without prejudice to the obligations of the Member States resulting from this Agreement in areas falling within the competence of the Member States.
Rule 97
This Agreement applies, on the one hand, to the territories where the treaties establishing the European Community and the European Atomic Energy Community are applicable and under the conditions provided for by the said treaties and, on the other, to the territory of the Republic of Tajikistan.
Rule 98
The Secretary General of the Council of the European Union is the depositary of this Agreement.
Rule 99
The original of this agreement, including copies in German, English, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish, Czech and Tajik are equally authentic, is deposited with the Secretary General of the Council of the European Union.
Rule 100
This Agreement shall be approved by the parties in accordance with their own procedures.
This Agreement comes into force on the first day of the second month following the date on which the parties notify the Secretary General of the Council of the European Union of the completion of the procedures referred to in the first paragraph.
Upon its entry into force, and to the extent that the relations between the Republic of Tajikistan and the Community are concerned, this agreement replaces the agreement between the European Economic Community, on the one hand, and the Union of Soviet Socialist Republics, on the other hand, concerning trade and trade and economic cooperation, signed in Brussels on 18 December 1989.
Rule 101
If, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement shall be implemented by an interim agreement between the Community and the Republic of Tajikistan, the parties agree that, under these circumstances, "the effective date of this Agreement" means the effective date of the Interim Agreement.
Done in Luxembourg on the 11th of October two thousand four.

List of attached documents
Annex Ire Indicative list of benefits granted by the Republic of Tajikistan to independent States in accordance with Article 7, paragraph 3.
Annex II. Community reserves in accordance with Article 21, paragraph 2.
Annex III. Financial services referred to in section 23, paragraph 3.
Annex IV. Intellectual, Industrial and Commercial Property Conventions referred to in Article 39.
Protocol on Mutual Administrative Assistance in Customs Matters.

Annex Ire
Indicative list of benefits granted by the Republic of Tajikistan to independent States in accordance with Article 7, paragraph 3
1. Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation: Customs duties are not applicable.
2. Goods transported in accordance with industrial cooperation agreements with CIS States are not subject to taxation.
3. The certificate of conformity for serial production, on the basis of which the national certificate of conformity is issued, is recognized by all CIS countries.
4. There is a special system of current payments with all CIS States.
5. Special transit arrangements have been agreed with all CIS States.

Annex II
Community reserves in accordance with Article 21, paragraph 2
Mining
In some Member States, the exploitation of mining and mineral resources by companies outside the control of the Community may be subject to prior concession.
Fishing
Access to the biological resources and fishing funds in the marine waters that fall under the sovereignty or jurisdiction of the Member States of the Community and their exploitation are reserved for fishing vessels flying the flag of a Member State of the Community and registered in the territory of the Community, unless otherwise provided.
Purchase of land properties
The purchase of land properties by non-community societies is regulated in some Member States.
Audiovisual services, including radio
The national treatment for production and distribution, including broadcasting and other forms of public broadcasting, may be reserved for audiovisual works that meet certain criteria of origin, but this excludes the infrastructure of broadcasting for the transmission of such audiovisual works.
Professional services
Services reserved for natural persons from member states. These persons may, under certain conditions, create societies.
Agriculture
The national regime is not applicable, in some Member States, to enterprises outside the control of the Community, who wish to establish an agricultural enterprise. The purchase of vineyards by a company outside the control of the Community is subject to a notification procedure or, where applicable, to an authorization.
Press agencies services
In some Member States, foreign participation in publishing companies or television or broadcasting companies is limited.

Annex III
Financial services referred to in section 23, paragraph 3
The concept of "financial services" refers to any financial service offered by the providers of one of the parties providing such services. It covers the following activities:
A. All insurance services and related activities
1. Direct insurance (including co-insurance):
(i) life,
(ii) non-living.
2. Reinsurance and surrender.
3. Activities of insurance intermediaries such as brokers and agents.
4. Auxiliary insurance services, such as consulting, actuarial, risk assessment and claims settlement services.
B. Banking and other financial services (excluding insurance)
1. Acceptance of deposits and other publicly repayable funds.
2. Loans of all kinds, including consumer credit, mortgage credit, chartering and financing of commercial transactions.
3. Financial lease.
4. Payment and money transfer services, such as credit or debit cards, travel cheques and bank cheques.
5. Guarantees and commitments.
6. Interventions on behalf of itself, and on behalf of customers, either on the stock market, the off-line market or others, namely:
(a) monetary market instruments (e.g. cheques, trades, deposit certificates, etc.);
(b) currency;
(c) derivatives, inter alia, futures contracts and options;
(d) exchange rates and interest rates, including products such as swaps, rate guarantee contracts, etc.;
(e) communicable securities;
(f) other negotiable financial instruments and assets, including metal reserves.
7. Participation in the issuance of securities of all kinds, including subscriptions, investments (private or public) as agents and services related to these emissions.
8. Exchange broker activities.
9. Asset management, including cash or portfolio management, all forms of collective investment management, pension fund management, custody, deposit or designation services.
10. Financial asset settlement and compensation services such as securities, derivatives and other negotiable instruments.
11. Advisory services and other auxiliary financial services related to the various activities listed in items 1 to 10, including information and evaluations on credit files, investigations and investment information and portfolio development, advice on corporate equity, restructuring and strategies.
12. Communication and transfer of financial information, financial data processing activities and provision of specialized software by providers of other financial services.
The following activities are excluded from the definition of financial services:
(a) activities carried out by central banks or other public institutions in the context of currency and exchange rate policies;
(b) activities carried out by central banks, public bodies, administrations or institutions on behalf of or under the State's bail, except in cases where such activities may be carried out by competing financial service providers of these public authorities;
(c) activities in an official social security or old-age pension system, except in cases where such activities may be carried out by competing financial service providers of public or private communities.

Annex IV
Intellectual, Industrial and Commercial Property Conventions referred to in Article 39
1. Article 39, paragraph 2, deals with the following multilateral conventions:
- International Convention on the Protection of Interpreters and Executors, Phonogram Producers and Broadcasting Organizations (Rome, 1961),
- protocol on the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989),
- International Convention for the Protection of Plant Breeding (Geneva Act, 1991).
2. The Cooperation Council may recommend that section 39, paragraph 2, also apply to other multilateral conventions. In the event of difficulties in the field of intellectual, industrial or commercial property, which affect trade, consultations are held without delay, at the request of one of the two parties, in order to find a mutually satisfactory solution.
3. 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, amended in 1979);
- Patent Cooperation Treaty (Washington 1970, amended and amended in 1979 and 1984);
- Bern Convention for the Protection of Literature and Artistic Works (1886 last amended in 1979);
- Trademark Law Treaty (Geneva 1994).
4. As soon as this Agreement comes into force, the Republic of Tajikistan grants, in terms of the recognition and protection of intellectual, industrial and commercial property, companies and citizens of the Community no less favourable treatment than that which it reserves to any third country under a bilateral agreement.
5. The provisions of paragraph 4 do not apply to the benefits granted by the Republic of Tajikistan to a third country on an effective reciprocity basis or to the benefits granted by the Republic of Tajikistan to another country of the former USSR.

Protocol on Mutual Administrative Assistance in Customs Matters
Article 1er
Definitions
For the purposes of this protocol:
(a) » Customs legislation »: the legal or regulatory provisions applicable to the territories of the Contracting Parties governing the importation, export, transit of the goods and their placement under any other customs regime or procedure, including the prohibition, restriction and control measures adopted by the Contracting Parties;
(b)" requesting authority": a competent administrative authority that has been designated for that purpose by a contracting party and that makes a request for Customs assistance;
(c)" authority required": a competent administrative authority that has been designated for this purpose by a party and receives a request for Customs assistance;
(d) "personal data": all information relating to an identified or identifiable natural person;
(e)" operation contrary to customs law": any violation or attempted violation of customs law.
Article 2
Scope
1. The Contracting Parties shall provide mutual assistance in the areas of their competence, in accordance with the terms and conditions provided for in this Protocol, in order to ensure that Customs legislation is properly applied, in particular with a view to preventing, seeking, and continuing operations contrary to customs law
2. The Customs assistance provided for in this Protocol shall apply to any administrative authority of the competent Contracting Parties for the application of this Protocol. It does not prejudge the provisions governing mutual assistance in criminal matters. Similarly, it does not apply to information collected under powers exercised at the request of the judicial authorities, except where such information is authorized by such authorities.
Article 3
Assistance on request
1. At the request of the requesting authority, the requested authority shall communicate to the requesting authority any relevant information that would enable it to ensure compliance with customs legislation, including information relating to recognized or planned transactions that constitute or are likely to constitute transactions contrary to customs law.
2. At the request of the requesting authority, the requested authority shall inform the requesting authority of the following:
(a) if the goods exported from the territory of one of the Contracting Parties have been regularly brought into the territory of the other party by specifying, where appropriate, the customs regime under which these goods have been placed;
(b) if goods imported into the territory of one of the Contracting Parties have been regularly exported from the territory of the other Party, specifying, where applicable, the customs regime applied to the goods.
3. At the request of the requesting authority, the required authority shall, as part of its legal or regulatory provisions, take the necessary measures to ensure that special monitoring is exercised on:
(a) natural or legal persons reasonably believed to be engaged or engaged in transactions contrary to customs law;
(b) places where deposits of goods are constituted or are likely to be made under such conditions as are reasonably believed to be intended to be used in transactions contrary to customs law;
(c) goods transported or likely to be transported under such conditions as are reasonably believed to be intended to be used in transactions contrary to customs law;
(d) means of transport that are reasonably necessary to believe that they have been used, are used or are likely to be used for operations contrary to customs law.
Article 4
spontaneous assistance
The Contracting Parties, on their own initiative or in accordance with their legislative and regulatory provisions and other legal instruments, shall provide mutual assistance without prior request if they consider it necessary for the proper application of customs legislation, in particular when they obtain information relating to:
- actions that constitute or appear to constitute transactions contrary to customs law and which may interest another contracting party;
- new means or methods used to carry out operations that are contrary to customs law;
- goods that are known to be the subject of transactions that constitute transactions contrary to customs law;
- natural or legal persons reasonably believed to be involved in transactions contrary to customs law;
- means of transport that are reasonably necessary to believe that they have been used, used or are likely to be used for operations contrary to customs law.
Article 5
Communication/Notification
At the request of the requesting authority, the required authority shall, in accordance with the legal or regulatory provisions applicable to the requesting authority, take all necessary measures to:
- communicate all documents;
- notify all decisions,
originating from the requesting authority and entering into the area of application of this protocol, to a consignee resident or established in its territory. In this case, section 6, paragraph 3 applies to requests for communication or notification.
Article 6
Form and content of requests for assistance
1. Requests made under this Protocol shall be submitted in writing. They are accompanied by the documents necessary to enable them to respond. Where the urgency of the situation requires, oral applications may be accepted, but they must be immediately confirmed in writing.
2. Requests submitted pursuant to paragraph 1er are accompanied by the following information:
(a) the requesting authority submitting the application;
(b) the measure required;
(c) the object and purpose of the application;
(d) the relevant legislation, rules and other legal elements;
(e) as accurate and complete guidance as possible on individuals or legal entities that are investigated;
(f) a summary of the relevant facts and investigations already carried out.
3. Requests are made in an official language of the required authority or in a language acceptable to that authority.
4. If an application does not meet the formal requirements, it is possible to request that it be corrected or completed; However, precautionary measures may be ordered.
Article 7
Application implementation
1. In order to respond to a request for assistance, the requested authority shall, within the limits of its jurisdiction and resources, act on its own behalf or at the request of other authorities of the same party, provide the information already available to it and conduct or conduct appropriate investigations. This provision also applies to any other authority to which the application has been made by the authority required under this protocol when it cannot act alone.
2. Requests for assistance are met in accordance with the required legislation, rules and other legal instruments of the Contracting Party.
3. Duly authorized officials of a Contracting Party may, with the agreement of the other Party in question and under the conditions provided by the latter, collect, in the offices of the required authority or other authority responsible for that authority, information relating to transactions that constitute or are likely to constitute an offence to the customs legislation required by the requesting authority for the purposes of this Protocol.
4. Officials of a party may, with the agreement of the other Contracting Party concerned and under the conditions established by the latter, be present in the investigations conducted in the territory of the latter.
Article 8
Form under which information should be disclosed
1. The requested authority shall communicate the results of the investigations to the requesting authority in the form of documents, certified copies of documents, reports and similar texts.
2. Provision of documents under paragraph 1er can be replaced by that of information produced in any form for the same purposes, by the means of computing.
3. Original records and documents are claimed only when the compliant copies are found to be insufficient. The originals transmitted are returned as soon as possible.
Article 9
Derogations to the obligation to provide assistance
1. Parties may refuse to provide assistance under this Protocol if such assistance:
(a) may affect the sovereignty of the Republic of Tajikistan or that of a Member State to whom assistance has been requested under this Protocol;
or
(b) is likely to affect public order, security or other essential interests, particularly in the cases referred to in Article 10, paragraph 2;
or
c) implies a breach of an industrial, commercial or professional secret.
2. Assistance may be postponed by the requested authority on the grounds that it would interfere in an ongoing investigation, prosecution or procedure. In such cases, the requested authority shall consult with the requesting authority to determine whether the assistance may be given subject to the terms or conditions that the requested authority may require.
3. If the requesting authority seeks assistance that it could not itself provide if requested, it draws attention to this fact in its application. It is then up to the required authority to decide how it must respond to this request.
4. If the assistance is denied, the decision and the reasons that explain it must be notified promptly to the requesting authority.
Article 10
Exchange of information and obligation to respect secrecy
1. Any information provided in any form pursuant to this protocol shall be confidential or restricted in accordance with the rules applicable in each party. It is covered by professional secrecy and enjoys the protection afforded by the relevant laws by the party that has received it, as well as by the corresponding provisions applicable to community bodies.
2. Personal data may only be exchanged if the party that receives them agrees to protect these data in a manner that is at least equivalent to that applicable to that particular case in the party that provides them.
3. The information collected shall be used only for the purposes of this protocol. When one of the parties wishes to use this information for other purposes, it requests the prior written consent of the authority that provided it. This use is then subject to restrictions imposed by that authority.
4. Paragraph 3 does not preclude the use of information in subsequent judicial or administrative actions for non-compliance with customs legislation. The competent authority that provided this information is immediately notified of this use.
5. The parties may report, as evidence, in their minutes, reports and testimonies, and in proceedings and proceedings before the courts, information gathered and documents consulted in accordance with the provisions of this protocol.
Article 11
Experts and witnesses
1. An officer of a required authority may be authorized to appear, within the limits established by the authorization granted to him, as an expert or witness in the course of judicial or administrative proceedings in the areas covered by this protocol, by the jurisdiction of the other party, and to produce certified objects, documents or copies that are in conformity with those subject to the procedure. The application must state with precision in which case, how and how the agent will be questioned.
2. The officer shall, in the territory of the requesting authority, enjoy the protection guaranteed to his agents by the legislation in force
Article 12
Support costs
The contracting parties shall waive any claim relating to the reimbursement of costs arising out of the application of this Protocol, except where applicable, in respect of compensation paid to experts and witnesses and to interpreters and translators who do not depend on public services.
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, to the competent services of the Commission of the European Communities, and, where appropriate, to the customs authorities of the Member States, on the other. They decide on all necessary measures and practical arrangements for its implementation, taking into account the existing data protection rules. They may propose to the competent bodies the modifications which they believe should be made to the present protocol.
2. The Contracting Parties shall consult and instruct each other of the terms and conditions of application which are adopted in accordance with the provisions of this Protocol.
Article 14
Other agreements
1. In the light of the respective competences of the European Community and the member States, the provisions of this Protocol shall:
- shall not affect the obligations of the contracting parties under any international agreement or convention,
- are deemed to complement agreements of mutual assistance concluded or likely to be concluded by Member States and the Republic of Tajikistan, and
- shall not affect the provisions governing the communication between the competent authorities of the Commission and the competent authorities of the Member States of any information obtained in the areas covered by this Agreement and which may be of interest to the Community.
2. Notwithstanding the provisions of paragraph 1erthe provisions of this Agreement shall prevail over the provisions of the mutual assistance agreements which have been or may be concluded between the Member States and the Republic of Tajikistan as long as the provisions of these Agreements are incompatible with those of this Protocol.
3. With regard to the applicability issues of this protocol, Contracting Parties shall consult to resolve the problems within the framework of the cooperation committee established by Article 79 of the Agreement.

Final Act
Plenipotentiaries
BELGIUM,
DE LA REPUBLIQUE TCHEQUE,
DU ROYAUME DU DANEMARK,
DE LA REPUBLIQUE FEDERALE D'ALLEMAGNE,
DE LA REPUBLIQUE D'ESTONIE,
DE LA REPUBLIQUE HELLENIQUE,
THE SPANISH ROYAL,
OF THE FRENCH REPUBLIC,
IRELAND,
OF THE ITALIAN REPUBLIC,
DE LA REPUBLIQUE DE CHYPRE,
DE LA REPUBLIQUE DE LETTONIE,
DE LA REPUBLIQUE DE LITUANIE,
OF LUXEMBOURG,
DE LA REPUBLIQUE DE HONGRIE,
DE LA REPUBLIQUE DE MALTE,
DU ROYAUME DES PAYS-BAS,
DE LA REPUBLIQUE D'AUTRICHE,
DE LA REPUBLIQUE DE POLOGNE,
OF THE PORTUGAISE REPUBLIC,
DE LA REPUBLIQUE DE SLOVENIE,
DE LA REPUBLIQUE DE SLOVAQUIE,
DE LA REPUBLIQUE DE FINLANDE,
SUEDE ROYAUME,
AND NORTH IRELAND,
Contracting Parties to the Treaty establishing the EUROPEAN COMMUNAUTE, and to the Treaty establishing the EUROPEAN COMMUNITY OF ATOMIC ENERGY, below referred to as "member States", and
the EUROPEAN COMMUNITY, and the EUROPEAN COMMUNITY OF THE ATOMIC ENERGY, below referred to as "Community",
on the one hand, and
the Plenipotentiaries of the TADJIKISTAN REPUBLIC,
on the other hand,
Meeting in Luxembourg on 11 October 2004 for the signing of the partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Tajikistan, on the other hand, as referred to as "agreement", adopted the following texts:
the agreement, including its annexes, and the following protocol:
the protocol on mutual administrative assistance in customs matters.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Tajikistan adopted the following joint statements and attached to this Final Act:
Joint statement on personal data
Joint Declaration on Article 5 of the Agreement
Joint Declaration on Article 13 of the Agreement
Joint statement on the concept of “control” contained in articles 22, subparagraph (b), and 33
Joint Declaration on Article 32 of the Agreement
Joint Declaration on Article 39 of the Agreement
Joint statement on Article 94 of the Agreement
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Tajikistan also took note of the statement by the Commission and the Council of the European Union on the clause concerning the return and readmission of illegal migrants (Article 70) attached to this Final Act.
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Tajikistan also took note of the following exchange of letters attached to this Final Act:
Exchange of letters between the Community and the Republic of Tajikistan concerning the establishment of companies,
The Plenipotentiaries of the Member States and the Community and the Plenipotentiaries of the Republic of Tajikistan also took note of the following declaration attached to this Final Act:
Statement by the French government.
Joint statement on personal data
When implementing this Agreement, the parties are aware of the need to ensure adequate protection of individuals with regard to the processing of personal data and their free movement.
Joint Declaration on Article 5
If the parties agree that the circumstances warrant the holding of meetings at the highest level, the meetings may be held on a point-by-point basis.
Joint Declaration on Article 13
Pending the accession of the Republic of Tajikistan to the WTO, the parties hold consultations in the cooperation committee on the Republic of Tajikistan's import rights policy, including tariff amendments. These consultations are particularly proposed before the increase in tariff protections.
Joint statement on the notion of "control" in article 22, paragraph (b), and article 33
1. The parties confirm that it is understood that the issue of control depends on the factual circumstances of the particular case in question.
2. Thus, for example, a company is considered to be "controlled" by another company and thus subsidiary to another company if:
- the other company directly or indirectly holds the majority of voting rights, or
- the other company has the right to appoint or terminate a majority of the members of the administrative body, the management body or the supervisory body and if it is at the same time a shareholder or member of the subsidiary.
3. The parties consider that the criteria set out in paragraph 2 are not exhaustive.
Joint Declaration on Article 32
The only requirement for a visa for natural persons of certain parties and not others is not deemed to cancel or affect the benefits arising from a specific undertaking.
Joint Declaration on Article 39
The parties agree that, for the purposes of this agreement, the terms "Intellectual, Industrial and Commercial Property" include, in particular, the protection of copyrights and neighbouring rights, including copyrights of computer programs, the rights of patents, industrial drawings and models, geographical indications, including labels of origin, trademarks of products and services, topographies of integrated circuits as well as protection against competition
Joint Declaration on Article 94
1. The parties agree, for the purposes of the correct interpretation and practical application of this Agreement, that the terms of a "special emergency" in Article 94 of the Agreement shall mean the cases of a substantial violation of this Agreement by one of the parties. A substantial violation of the agreement is:
(a) in rejecting the agreement not sanctioned by the general rules of international law,
or
(b) in violation of the essential elements of the agreement contained in Article 2.
2. The parties agree that the "appropriate measures" referred to in Article 94 are measures taken in accordance with international law. If a party takes action in a particularly urgent case as provided for in Article 94, the other party may appeal to the dispute settlement procedure.
Statement by the Commission and the Council of the European Union on the return and readmission clause of illegal immigrants (Article 70)
Article 70 is without prejudice to the internal division of competence between the European Community and its Member States with regard to the conclusion of readmission agreements.
Done in Luxembourg on the 11th of October two thousand four.
Exchange of letters
between the European Community and the Republic of Tajikistan concerning the establishment of companies.
A. Letter from the Government of Tajikistan
Sir,
I have the honour to refer to the partnership and cooperation agreement set out on 16 December 2003.
As I pointed out during the negotiations, the Republic of Tajikistan, in some respects, grants to the societies of the Community that establish and operate in Tajikistan a privileged regime. I explained that this measure reflects Tajikistan's desire to maximize the development of community companies in the Republic of Tajikistan.
In this regard, I would like to confirm to you that, during the period extending from the day of this Agreement to the date of entry into force of the corresponding articles relating to the establishment of companies, the Republic of Tajikistan will not adopt any measures or regulations that, in comparison to the situation existing on the date of the paragraph of this Agreement, would be likely to create discrimination or aggravate existing discrimination against Taji companies in relation to Taji companies
I should be grateful 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
B. Letter from the European Community
Sir,
Thank you for your today's letter reading as follows:
"I have the honour to refer to the partnership and cooperation agreement set out on 16 December 2003.
As I pointed out during the negotiations, the Republic of Tajikistan, in some respects, grants to the societies of the Community that establish and operate in Tajikistan a privileged regime. I explained that this measure reflects the desire of the Republic of Tajikistan to maximize the development of community companies in the Republic of Tajikistan.
In this regard, I would like to confirm to you that, during the period extending from the day of this Agreement to the date of entry into force of the corresponding articles relating to the establishment of companies, the Republic of Tajikistan will not adopt any measures or regulations that, in comparison to the situation existing on the date of the paragraph of this Agreement, would be likely to create discrimination or aggravate existing discrimination against Taji companies in relation to Taji companies
I should be grateful if you would acknowledge receipt of this letter. »
I'm acknowledging receipt of the letter.
Please accept, sir, the assurance of my highest consideration.
On behalf of the European Community

Partnership and cooperation agreement establishing a partnership between the European Communities and their Member States, on the one hand, and the Republic of Tajikistan, on the other, made in Luxembourg on 11 October 2004
For the consultation of the table, see image
This agreement has not yet entered into force.