(PCA Tajikistan: Article 7)
1. The Parties shall accord one another most-favoured-nation treatment in all areas in respect of:
—
customs duties and charges applied to imports and exports, including the method of collecting such duties and charges,
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provisions relating to customs clearance, transit, warehouses and transhipment,
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taxes and other internal charges of any kind applied directly or indirectly to imported goods,
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methods of payment and the transfer of such payments,
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the rules relating to the sale, purchase, transport, distribution and use of goods on the domestic market.
2. The provisions of paragraph 1 shall not apply to:
(a)
advantages granted with the aim of creating a customs union or a free-trade area or pursuant to the creation of such a union or area;
(b)
advantages granted to particular countries in accordance with WTO rules and with other international arrangements in favour of developing countries;
(c)
advantages accorded to adjacent countries in order to facilitate frontier traffic.
3. The provisions of paragraph 1 shall not apply, during a transitional period expiring five years after the entry into force of the Partnership and Cooperation Agreement, to advantages defined in Annex I granted by the Republic of Tajikistan to other States which have emerged from the dissolution of the USSR.
(PCA Tajikistan: 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(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.
(PCA Tajikistan: 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.
(PCA Tajikistan: 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 8, 11 and 12 of this Agreement.
2. Goods originating in the Community shall be imported into Tajikistan free of quantitative restrictions or measures having equivalent effect, without prejudice to the provisions of Articles 8, 11 and 12 of this Agreement.
(PCA Tajikistan: Article 11)
Goods shall be traded between the Parties at market-related prices.
(PCA Tajikistan: 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.
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 Joint Committee referred to in Article 22 with all relevant information with a view to seeking a solution acceptable to the Parties as provided for in Title IV.
3. If, as a result of the consultations, the Parties do not reach agreement within 30 days of referral to the Joint Committee 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 pursuant to 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 GATT 1994, the Agreement on implementation of Article VI of the GATT 1994, the Agreement on Subsidies and Countervailing Measures or related internal legislation.
(PCA Tajikistan: 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 Joint Committee 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.
(PCA Tajikistan: 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.
(PCA Tajikistan: 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.
(PCA Tajikistan: 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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
