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 1

Definitions

For the purposes of this Protocol:

(a)
"customs legislation" shall mean any legal or regulatory provisions applicable in the territory
of the Contracting Parties governing the import, export and transit of goods and their placing
under any other customs regime or procedure, including measures of prohibition, restriction
and control adopted by the said Parties;

(b)
"applicant authority" shall mean a competent administrative authority which has been
appointed by a Contracting Party for this purpose and which makes a request for assistance in
customs matters;

(c)
"requested authority" shall mean a competent administrative authority which has been
appointed by a Party for this purpose and which receives a request for assistance in customs
matters;

(d)
"personal data" shall mean all information relating to an identified or identifiable individual;

(e)
"operation in breach of customs legislation" shall mean any violation or attempted violation of
customs legislation.
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ARTICLE 2

Scope

1.
The Parties shall assist each other, in the areas within their competence, in accordance with
the arrangements and the conditions laid down in this Protocol, to ensure that the customs
legislation is correctly applied, in particular with a view to preventing, investigating and
prosecuting operations in breach of that legislation.

2.
Assistance, in customs matters, as provided for in this Protocol, shall apply to any
administrative authority of the Contracting Parties which is competent for the application of this
Protocol. It shall not prejudice the provisions governing mutual assistance in criminal matters. Nor
shall it cover information obtained under powers exercised at the request of the judicial authorities,
except where communication of such information is authorised by the said authorities.


ARTICLE 3

Assistance on request

1.
At the request of the applicant authority, the requested authority shall furnish it with all
relevant information which may enable it to ensure compliance with customs legislation, including
information regarding operations noted or planned which are or might be in breach of that
legislation.
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2.
At the request of the applicant authority, the requested authority shall inform it as to whether:

(a)
goods exported from the territory of one of the Contracting Parties have been properly
imported into the territory of the other Party, specifying, where appropriate, the customs
procedure applied to the goods;

(b)
if the goods imported into the territory of one of the Contracting Parties have been properly
imported into the territory of the other Party, specifying, where appropriate, the customs
procedure applied to the goods.

3.
At the request of the applicant authority, the requested authority shall, within the framework
of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of:

(a)
natural or legal persons for whom there are reasonable grounds for believing that they carry
out or have carried out operations in breach of customs legislation;

(b)
places where stocks of goods have been or may be assembled in such a way that there are
reasonable grounds for suspecting that they are intended to be used in operations in breach of
customs legislation;
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(c)
goods that are or may be transported in such a way that there are reasonable grounds for
suspecting that they are intended to be used in operations in breach of customs legislation;

(d)
means of transport for which there are reasonable grounds for believing that they have been,
or may be used in operations in breach of customs legislation.


ARTICLE 4

Spontaneous assistance

The Contracting Parties shall provide each other, at their own initiative and in accordance with their
laws, rules and other legal instruments, with assistance if they consider that to be necessary for the
correct application of customs legislation, particularly when they obtain information pertaining to:

–
activities which constitute or appear to constitute operations in breach of customs legislation
and which may be of interest to another Contracting Party;

–
new means or methods employed in carrying out operations in breach of customs legislation;

–
goods known to be subject to operations in breach of customs legislation;
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–
natural or legal persons concerning whom there are reasonable grounds for believing that they
are or have been involved in operations in breach of customs legislation;

–
means of transport concerning which there are reasonable grounds for believing that they have
been, are or may be used in operations in breach of customs legislation.


ARTICLE 5

Delivery/Notification

At the request of the applicant authority, the requested authority shall, in accordance with its
applicable legal or regulatory provisions, take all necessary measures in order:

–
to deliver all documents,

–
to notify all decisions

emanating from the applicant authority and falling within the scope of this Protocol to an addressee,
residing or established in its territory. In such a case, Article 6(3) shall apply to the requests for
communication or notification.
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