Rządowy projekt ustawy o ratyfikacji Umowy o partnerstwie i współpracy ustanawiającej partnerstwo między Wspólnotami Europejskimi i ich Państwami Członkowskimi, z jednej strony, a Republiką Tadżykistanu, z drugiej strony, sporządzonej w Luksemburgu dnia 11 października 2004 r.

ARTICLE 79

1.
The Cooperation Council shall be assisted in the performance of its duties by a Cooperation
Committee composed of representatives of the members of the Council of the European Union and
of members of the Commission of the European Communities on the one hand and of
representatives of the Government of the Republic of Tajikistan on the other, normally at senior
civil servant level. The office of President of the Cooperation Committee shall be held alternately
by the Community and by the Republic of Tajikistan.

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

2.
The Cooperation Council may delegate any of its powers to the Cooperation Committee,
which will ensure continuity between meetings of the Cooperation Council.


ARTICLE 80

The Cooperation Council may decide to set up any other special committee or body that can assist it
in carrying out its duties and shall determine the composition and duties of such committees or
bodies and how they shall function.
CE/TJ/L/en 79

ARTICLE 81

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


ARTICLE 82

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


ARTICLE 83

1.
The Parliamentary Cooperation Committee shall consist of members of the European
Parliament, on the one hand, and of members of the Tajik Parliament, on the other.

2.
The Parliamentary Cooperation Committee shall establish its rules of procedure.
CE/TJ/L/en 80

3.
The Parliamentary Cooperation Committee shall be presided in turn by the European
Parliament and the Tajik Parliament respectively, in accordance with the provisions to be laid down
in its rules of procedure.


ARTICLE 84

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

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

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


ARTICLE 85

1.
Within the scope of this Agreement, each Party undertakes to ensure that natural and legal
persons of the other Party have access free of discrimination in relation to its own nationals to the
competent courts and administrative organs of the Parties to defend their individual rights and their
property rights, including those concerning intellectual, industrial and commercial property.
CE/TJ/L/en 81

2.
Within the limits of their respective powers and competences, the Parties:

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

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

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

–
shall encourage recourse to the arbitration rules elaborated by the United Nations Commission
on International Trade Law (Uncitral) and to arbitration by any centre of a State signatory to
the Convention on Recognition and Enforcement of Foreign Arbitral Awards done at
New York on 10 June 1958.
CE/TJ/L/en 82

ARTICLE 86

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

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

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

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

(d)
which it considers necessary to respect its international obligations and commitments in the
control of dual-use industrial goods and technology.
CE/TJ/L/en 83