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 8

1.
The Parties agree that the principle of free transit is an essential condition of attaining the
objectives of this Agreement.

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

2.
The rules described in Article V, paragraphs 2, 3, 4 and 5 of the GATT 1994 are applicable
between the Parties.

3.
The rules contained in this Article are without prejudice to any special rules agreed between
the Parties relating to specific sectors, in particular transport, or products.


ARTICLE 9

Without prejudice to the rights and obligations stemming from international conventions on the
temporary admission of goods which bind the Parties, each Party shall grant the other Party
exemption from import charges and duties on goods admitted temporarily, in the instances and
according to the procedures stipulated by any other international convention on this matter binding
upon it, in conformity with its legislation. Account shall be taken of the conditions under which the
obligations stemming from such a convention have been accepted by the Party in question.
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ARTICLE 10

1.
Goods originating in the Republic of Tajikistan shall be imported into the Community free of
quantitative restrictions or measures having equivalent effect, without prejudice to the provisions of
Articles 12, 15 and 16 of this Agreement.

2.
Goods originating in the Community shall be imported into theTajikistan free of quantitative
restrictions or measures having equivalent effect, without prejudice to the provisions of Articles 12,
15 and 16 of this Agreement.


ARTICLE 11

Goods shall be traded between the Parties at market-related prices.


ARTICLE 12

1.
Where any product is being imported into the territory of one of the Parties in such increased
quantities or under such conditions as to cause or threaten to cause injury to domestic producers of
like or directly competing products, the Community or the Republic of Tajikistan, as the case may
be, may take appropriate measures in accordance with the following procedures and conditions.
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2.
Before taking any measures, or in cases to which paragraph 4 applies as soon as possible
thereafter, the Community or the Republic of Tajikistan, as the case may be, shall supply the
Cooperation Council with all relevant information with a view to seeking a solution acceptable to
the Parties as provided for in Title XI.

3.
If, as a result of the consultations, the Parties do not reach agreement within 30 days of
referral to the Cooperation Council on actions to remedy the situation, the Party which requested
consultations shall be free to restrict imports of the products concerned to the extent and for such
time as is necessary to prevent or remedy the injury, or to adopt other appropriate measures.

4.
In critical circumstances where delay would cause damage difficult to repair, the Parties may
take the measures before the consultations, on condition that consultations are offered immediately
after taking such action.

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

6.
Nothing in this Article shall prejudice or affect in any way the taking, by either Party, of
anti-dumping or countervailing measures in accordance with Article VI of the GATT 1994, the
Agreement on implementation of Article VI of the GATT 1994, the Agreement on Subsidies and
Countervailing Measures or related internal legislation.
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ARTICLE 13

The Parties undertake to adjust the provisions in this Agreement on trade in goods between them, in
the light of circumstances, and in particular of the situation arising from the future accession of the
Republic of Tajikistan to the WTO. The Cooperation Council may make recommendations on such
adjustments to the Parties which could be put into effect, where accepted, by virtue of agreement
between the Parties in accordance with their respective procedures.


ARTICLE 14

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in
transit justified on grounds of public morality, public policy or public security; the protection of
health and life of humans, animals or plants; the protection of natural resources; the protection of
national treasures of artistic, historic or archaeological value or the protection of intellectual,
industrial and commercial property or rules relating to gold and silver. Such prohibitions or
restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Parties.
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ARTICLE 15

Trade in textile products falling under Chapters 50 to 63 of the Combined Nomenclature is
governed by a separate bilateral Agreement. After expiry of the separate Agreement, textile
products shall be included in this Agreement.


ARTICLE 16

Trade in nuclear materials shall be conducted in accordance with the provisions of the Treaty
establishing the European Atomic Energy Community. If necessary, trade in nuclear materials shall
be subject to the provisions of a specific Agreement to be concluded between the European Atomic
Energy Community and the Republic of Tajikistan.
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