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.

TITLE IV

PROVISIONS AFFECTING BUSINESS AND INVESTMENT


CHAPTER I

LABOUR 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 the treatment accorded to
nationals of the Republic of Tajikistan legally resident and employed in the territory of a Member
State shall be free from any discrimination based on nationality, as regards working conditions,
remuneration or dismissal, compared with that Member State's own nationals.

2.
Subject to the laws, conditions and procedures applicable in Tajikistan, the Republic of
Tajikistan shall endeavour to ensure that the treatment accorded to nationals of a Member State
legally resident and employed in the territory of Tajikistan shall be free from any discrimination
based on nationality, as regards working conditions, remuneration or dismissal, compared with its
own nationals.
CE/TJ/L/en 19

ARTICLE 18

The Cooperation Council shall examine what improvements can be made in working conditions for
business people consistent with the international commitments of the Parties, including those set out
in the document of the CSCE Bonn Conference.


ARTICLE 19

The Cooperation Council shall make recommendations for the implementation of Articles 17
and 18.


CHAPTER II

CONDITIONS AFFECTING THE ESTABLISHMENT
AND OPERATION OF COMPANIES


ARTICLE 20

1.
The Community and its Member States shall grant, for the establishment of Tajik companies
as defined in Article 22(d), treatment no less favourable than that accorded to any third country
companies.
CE/TJ/L/en 20

2.
Without prejudice to the reservations listed in Annex II, the Community and its Member
States shall grant subsidiaries of Tajik companies established in their territories treatment no less
favourable than that granted to any Community companies, in respect of their operation.

3.
The Community and its Member States shall grant branches of Tajik companies established in
their territories treatment no less favourable than that accorded to branches of companies of any
third country, in respect of their operation.

4.
The Republic of Tajikistan shall grant, for the establishment of Community companies as
defined in Article 22(d), treatment no less favourable than that accorded to Tajik companies or to
any third country companies, whichever is the better.

5.
The Republic of Tajikistan shall grant subsidiaries and branches of Community companies
established in its territory treatment no less favourable than that accorded to Tajik companies or
branches, or to any third country company or branch, whichever is the better, in respect of their
operations.


ARTICLE 21

1.
The provisions of Article 20 shall not apply to air transport, inland waterways transport and
maritime transport.
CE/TJ/L/en 21

2.
However, in respect of activities undertaken by shipping agencies for the provision of
international maritime transport services, including intermodal activities involving a sea leg, each
Party shall permit the companies of the other Party to have a commercial presence in its territory in
the form of subsidiaries or branches, under conditions of establishment and operation no less
favourable than those accorded to its own companies or to subsidiaries or branches of companies of
any third country, whichever are better.

Such activities include but are not limited to:

(a)
the marketing and sale of maritime transport and related services through direct contact with
customers, from quotation to invoicing, whether these services are operated or offered by the
service supplier itself or by service suppliers with which the service seller has established
standing business arrangements;

(b)
the purchase and use, on their own account or on behalf of their customers (and the resale to
their customers), of any transport and related services, including inward transport services by
any mode, particularly inland waterways, road and rail, necessary for the supply of an
integrated service;

(c)
the preparation of transport documents, customs documents, or other documents related to the
origin and character of the goods transported;
CE/TJ/L/en 22

(d)
the provision of business information by any means, including computerised information
systems and electronic data interchange (subject to any non-discriminatory restrictions
concerning electronic communications);

(e)
the setting-up of any business arrangement, including participation in the company's stock and
the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to
the relevant provisions of this Agreement), with any locally established shipping agency;

(f)
acting on behalf of companies, organising the port of call of the ship or taking over cargoes
when required.


ARTICLE 22

For the purpose of this Agreement:

(a)
A "Community company" or a "Tajik company" respectively shall mean a company set up in
accordance with the laws of a Member State or of the Republic of Tajikistan respectively and
having its registered office, central administration or principal place of business in the
territory of the Community or of the Republic of Tajikistan respectively. However, should a
company set up in accordance with the laws of a Member State or the Republic of Tajikistan
respectively have only its registered office in the territory of the Community or of the
Republic of Tajikistan respectively, the company shall be considered a Community or Tajik
company respectively if its operations possess a real and continuous link with the economy of
one of the Member States or the Republic of Tajikistan respectively.
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