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 87

1.
In the fields covered by this Agreement and without prejudice to any special provisions
contained therein:

–
the arrangements applied by the Republic of Tajikistan in respect of the Community shall not
give rise to any discrimination between the Member States, their nationals or their companies
or firms;

–
the arrangements applied by the Community in respect of the Republic of Tajikistan shall not
give rise to any discrimination between Tajik nationals, companies or firms.

2.
The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the
relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as
regards their place of residence.


ARTICLE 88

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

2.
The Cooperation Council may settle the dispute by means of a recommendation.
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3.
If it is not possible to settle the dispute in accordance with paragraph 2 of this Article, either
Party may notify the other of the appointment of a conciliator; the other Party must then appoint a
second conciliator within two months. For the application of this procedure, the Community and
the Member States shall be deemed to be a single Party to the dispute.

The Cooperation Council shall appoint a third conciliator.

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


ARTICLE 89

The Parties agree to consult each other promptly, through appropriate channels and at the request of
either Party, on any matter concerning the interpretation or implementation of this Agreement and
other relevant aspects of the relations between the Parties.

The provisions of this Article shall in no way affect, and are without prejudice to, Articles 12, 88
and 94.

The Cooperation Council may establish rules of procedure for the settlement of disputes.
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ARTICLE 90

The treatment granted to the Republic of Tajikistan under this Agreement shall in no case be more
favourable than that granted by the Member States to each other.


ARTICLE 91

For the purposes of this Agreement, the term "Parties" shall mean the Republic of Tajikistan, on the
one part, and the Community, or the Member States, or the Community and the Member States, in
accordance with their respective powers, on the other part.


ARTICLE 92

Insofar as matters covered by this Agreement are covered by the Energy Charter Treaty and
Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but
only to the extent that such application is provided for therein.


ARTICLE 93

This Agreement is concluded for an initial period of ten years, after which time it shall be
automatically renewed from year to year, provided that neither Party gives the other Party written
notice of denunciation of this Agreement six months before it expires.
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ARTICLE 94

1.
The Parties shall take any general or specific measures required to fulfil their obligations
under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2.
If either Party considers that the other Party has failed to fulfil an obligation under this
Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency,
it shall supply the Cooperation Council with all relevant information required for a thorough
examination of the situation with a view to seeking a solution acceptable to the Parties.

In the selection of these measures, priority must be given to those which least disturb the
functioning of this Agreement. These measures shall be notified immediately to the Cooperation
Council if the other Party so requests.


ARTICLE 95

Annexes I, II, III and IV together with the Protocol shall form an integral part of this Agreement.
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ARTICLE 96

This Agreement shall not, until equivalent rights have been achieved hereunder, affect rights
assured to individuals and economic operators by existing Agreements binding one or more
Member States, on the one hand, and the Republic of Tajikistan, on the other, except in areas falling
within Community competence and without prejudice to the obligations of Member States resulting
from this Agreement in areas falling within their competence.


ARTICLE 97

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the
European Community and the European Atomic Energy Community are applied and under the
conditions laid down in those Treaties and, on the other hand, to the territory of the Republic
of Tajikistan.


ARTICLE 98

The Secretary-General of the Council of the European Union shall be the depositary of this
Agreement.
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