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.

3.
Information obtained shall be used solely for the purposes of this Protocol. Where one of the
Parties requests the use of such information for other purposes, it shall ask for the prior written
consent of the authority which furnished the information. Such use shall then be subject to any
restrictions laid down by that authority.

4.
Paragraph 3 shall not impede the use of information in any judicial or administrative
proceedings subsequently instituted for failure to comply with customs legislation. The competent
authority which supplied that information shall be immediately notified of such use.

5.
The Parties may, in their records of evidence, reports and testimonies and in proceedings and
charges brought before the courts, use as evidence information obtained and documents consulted in
accordance with the provisions of this Protocol.


ARTICLE 11

Experts and witnesses

1.
An official of a requested authority may be authorised to appear, within the limitations of the
authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the
matters covered by this Protocol in the jurisdiction of the other Party, and produce such objects,
documents or authenticated copies thereof, as may be needed for the proceedings. The request for
an appearance must indicate specifically on what matters and by virtue of what title or qualification
the official will be questioned.
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2.
The official shall enjoy the protection guaranteed by existing legislation to officials of the
applicant authority on its territory.


ARTICLE 12

Assistance expenses

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses
incurred pursuant to this Protocol, except, as appropriate, for expenses of experts and witnesses and
of interpreters and translators who are not public service employees.


ARTICLE 13

Implementation

1.
The application of this Protocol shall be entrusted to the central customs authorities of the
Republic of Tajikistan on the one hand and to the competent services of the Commission of the
European Communities and, where appropriate, the customs authorities of the Member States on
the other. They shall decide on all practical measures and arrangements necessary for its
application, taking into consideration the rules in force in the field of data protection. They may
recommend to the competent bodies amendments which they consider should be made to this
Protocol.
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2.
The Parties shall consult each other and subsequently keep each other informed of the detailed
rules of implementation which are adopted in accordance with the provisions of this Protocol.


ARTICLE 14

Other agreements

1.
Taking into account the respective competences of the European Community and the Member
States, the provisions of this Protocol shall:

–
not affect the obligations of the Contracting Parties under any other international agreement or
convention;

–
be deemed complementary with agreements on mutual assistance which have been or may be
concluded between individual Member States and the Republic of Tajikistan; and

–
not affect the provisions governing the communication between the competent services of the
Commission and the customs authorities of the Member States of any information obtained in
the fields covered by this Agreement which could be of interest to the Community.
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2.
Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take
precedence over the provisions of the bilateral agreement on mutual assistance which have been or
may be concluded between individual Member States and the Republic of Tajikistan insofar as the
provisions of the latter are incompatible with those of this Protocol.

3.
In respect of questions relating to the applicability of this Protocol, the Contracting Parties
shall consult each other to resolve the matter in the framework of the Cooperation Committee
established under Article 79 of this Agreement.


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