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.

4.
Where new legislation or regulations introduced in the Republic of Tajikistan would result in
rendering the conditions for operation of subsidiaries and branches of Community companies
established in the Republic of Tajikistan more restrictive than the situation existing on the day of
signature of this Agreement, such legislation or regulations shall not apply during three years
following the entry into force of the relevant act to those subsidiaries and branches already
established in the Republic of Tajikistan at the time of entry into force of the relevant act.


CHAPTER III

CROSS-BORDER SUPPLY OF SERVICES BETWEEN
THE COMMUNITY AND THE REPUBLIC OF TAJIKISTAN


ARTICLE 27

1.
The Parties undertake in accordance with the provisions of this Chapter to take the necessary
steps to allow progressively the supply of services by Community or Tajik companies which are
established in a Party other than that of the person for whom the services are intended, taking into
account the development of the service sectors in the two Parties.

2.
The Cooperation Council shall make recommendations for the implementation of
paragraph 1.
CE/TJ/L/en 29

ARTICLE 28

The Parties shall cooperate with the aim of developing a market-oriented service sector in the
Republic of Tajikistan.


ARTICLE 29

1.
The Parties undertake to apply effectively the principle of unrestricted access to international
maritime market and traffic on a commercial basis:

(a)
The above provision does not prejudice the rights and obligations arising from the
United Nations Convention on a Code of Conduct for Liner Conferences, as applicable to one
or other Party to this Agreement. Non-conference lines will be free to operate in competition
with a conference as long as they adhere to the principle of fair competition on a commercial
basis.

(b)
The Parties affirm their commitment to a freely competitive environment as being an essential
feature of the dry and liquid bulk trade.

2.
In applying the principles of paragraph 1, the Parties shall:

(a)
not apply, as from the entry into force of this Agreement, any cargo-sharing provisions of
bilateral agreements between Member States of the Community and the former Soviet Union;
CE/TJ/L/en 30
(b)
not introduce cargo-sharing clauses into future bilateral agreements with third countries, other
than in those exceptional circumstances where liner shipping companies from one or other
Party to this Agreement would not otherwise have an effective opportunity to ply for trade to
and from the third country concerned;

(c)
prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid
bulk trade;

(d)
abolish, upon entry into force of this Agreement, all unilateral measures, administrative,
technical and other obstacles which could have restrictive or discriminatory effects on the free
supply of services in international maritime transport.

3.
Each Party shall grant, inter alia, no less favourable treatment to ships operated by nationals
or companies of the other Party than that accorded to a Party's own ships with regard to access to
ports open to international trade, the use of infrastructure and auxiliary maritime services of the
ports, the related fees and charges, customs facilities and the assignment of berths and facilities for
loading and unloading.


ARTICLE 30

With a view to assuring the coordinated development of transport between the Parties, adapted to
their commercial needs, the conditions of mutual market access and provision of services in
transport by road, rail and inland waterways and, if applicable, air may be dealt with by specific
agreements negotiated between the Parties after entry into force of this Agreement.
CE/TJ/L/en 31

CHAPTER IV

GENERAL PROVISIONS


ARTICLE 31

1.
The provisions of this Title shall be applied subject to limitations justified on grounds of
public policy, public security or public health.

2.
They shall not apply to activities which in the territory of the Parties are connected, even
occasionally, with the exercise of official authority.


ARTICLE 32

For the purpose of this Title, nothing in this Agreement shall prevent the Parties from applying their
laws and regulations regarding entry and stay, work, labour conditions and establishment of natural
persons and supply of services, provided that, in so doing, they do not apply them in a manner such
as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of
this Agreement. The above provision does not prejudice the application of Article 31.
CE/TJ/L/en 32

ARTICLE 33

Companies which are controlled and exclusively owned by Tajik companies and Community
companies jointly shall also be beneficiaries of the provisions of Chapters II, III and IV.


ARTICLE 34

Treatment granted by either Party to the other under this Agreement shall, as from the day one
month prior to the date of entry into force of the relevant obligations of the General Agreement on
Trade in Services (GATS), in respect of sectors or measures covered by the GATS, in no case be
more favourable than that accorded by such first Party under the provisions of GATS and this in
respect of each service sector, sub-sector and mode of supply.


ARTICLE 35

For the purposes of Chapters II, III and IV, no account shall be taken of treatment accorded by the
Community, its Member States or the Republic of Tajikistan pursuant to commitments entered into
in economic integration agreements in accordance with the principles of Article V of the GATS.
CE/TJ/L/en 33