2009/989/EC,Euratom: Decision of the Council and of the… TITLE VI — ECONOMIC COOPERATION

Article 41

1.   The Community and the Republic of Tajikistan shall establish economic cooperation aimed at contributing to the process of economic reform and recovery and sustainable development of the Republic of Tajikistan. Such cooperation shall strengthen existing economic links to the benefit of the Parties. 2.   Policies and other measures will be designed to bring about economic and social reforms and the restructuring of economic systems in the Republic of Tajikistan and will be guided by the requirements of sustainability and harmonious social development; they will also fully incorporate environmental considerations and the fight against poverty. 3.   To this end the cooperation will concentrate, in particular, on economic and social development, human resources development, support for enterprises (including privatisation, investment and development of financial services), agriculture and food (including food security), energy (including hydro-electricity), water management and civil nuclear safety, health and the fight against poverty, transport, postal services, electronic communications, tourism, environmental protection, cross-border activities and regional cooperation. 4.   Special attention shall be devoted to measures capable of fostering the economic potential of the Republic of Tajikistan and regional cooperation. 5.   Where appropriate, economic cooperation and other forms of cooperation provided for in this Agreement may be supported by technical assistance from the Community, taking into account the Community’s relevant Council Regulation applicable to technical assistance in the Independent States, the agreed priorities in the indicative programme for Community technical assistance to Central Asia and its application in the Republic of Tajikistan and its established coordination and implementation procedures. The Republic of Tajikistan may also benefit from other Community programmes in accordance with the appropriate regulations adopted by the Council.

Cooperation in the field of trade in goods and services

Article 42

The Parties will cooperate with a view to ensuring that the Republic of Tajikistan’s international trade is conducted in conformity with the rules of the WTO. The Community shall provide the Republic of Tajikistan with technical assistance for this purpose. Such cooperation shall include specific issues directly relevant to trade facilitation, in particular with a view to assisting the Republic of Tajikistan to harmonise its legislation and regulations with WTO rules and so fulfil as soon as possible the conditions of accession to that Organisation. These include: — the formulation of policy on trade and trade-related questions, including payments and clearing mechanisms, — the drafting of relevant legislation.

Industrial cooperation

Article 43

1.   Cooperation shall aim at promoting the following in particular: — the development of business links between economic operators of both Parties, including between small and medium-sized enterprises, — Community participation in the Republic of Tajikistan’s efforts to restructure its industry, — the improvement of management, — the improvement of the quality of industrial products and their adaptation to international standards, — the development of efficient production and processing capacity in the raw materials sector, — the development of appropriate commercial rules and practices, including product marketing, — environmental protection, — defence conversion, — training of personnel. 2.   The provisions of this Article shall not affect the enforcement of Community competition rules applicable to undertakings.

Investment promotion and protection

Article 44

1.   Bearing in mind the respective powers and competences of the Community and the Member States, cooperation shall aim to establish a favourable climate for private investment, both domestic and foreign, especially through better conditions for investment protection, the transfer of capital and the exchange of information on investment opportunities. 2.   The aims of cooperation shall be in particular: — to conclude, where appropriate, agreements between the Member States and the Republic of Tajikistan to avoid double taxation, — to create favourable conditions for attracting foreign investments into the Tajik economy, — to establish stable and adequate business law and conditions, and to exchange information on laws, regulations and administrative practices in the field of investment, — to exchange information on investment opportunities in the form of, inter alia, trade fairs, exhibitions, trade weeks and other events.

Public procurement

Article 45

The Parties shall cooperate to develop conditions for open and competitive award of contracts for goods and services, in particular through calls for tenders.

Cooperation in the field of standards and conformity assessment

Article 46

1.   Cooperation between the Parties shall promote alignment with internationally agreed criteria, principles and guidelines in the field of metrology, standards and conformity assessment, to facilitate progress towards mutual recognition in the field of conformity assessment, and to improve the quality of Tajik products. 2.   To this end the Parties shall seek to cooperate in technical assistance projects which will: — promote appropriate cooperation with organisations and institutions specialised in these fields, — promote the use of Community technical regulations and the application of European standards and conformity-assessment procedures, — permit the sharing of experience and technical information in the field of quality management.

Mining and raw materials

Article 47

1.   The Parties shall aim at increasing investment and trade in mining and raw materials, including non-ferrous metals. 2.   The cooperation shall focus in particular on the following areas: — the exchange of information on the prospects of the mining and non-ferrous metals sectors, — the establishment of a legal framework for cooperation, — trade matters, — the adoption and implementation of environmental legislation, — training, — safety in the mining industry.

Cooperation in science and technology

Article 48

1.   The Parties shall promote cooperation in civil scientific research and technological development (RTD) on the basis of mutual benefit and, taking into account the availability of resources, adequate access to their respective programmes, subject to appropriate levels of effective protection of intellectual, industrial and commercial property rights (IPR). 2.   Science and technology cooperation shall cover: — the exchange of scientific and technical information, — joint RTD activities, — training activities and mobility programmes for scientists, researchers and technicians of both Parties engaged in RTD. Where such cooperation takes the form of activities involving education and/or training, it must be carried out in accordance with the provisions of Article 49. The Parties, on the basis of mutual agreement, may engage in other forms of cooperation in science and technology. In carrying out such cooperation activities, particular attention shall be devoted to the redeployment of scientists, engineers, researchers and technicians who are or have been engaged in research on, and/or production of, weapons of mass destruction. 3.   The cooperation covered by this Article shall be implemented according to specific arrangements to be negotiated and concluded in accordance with the procedures adopted by each Party, which shall include appropriate IPR provisions.

Education and training

Article 49

1.   The Parties shall cooperate with the aim of raising the level of general education and professional qualifications in the Republic of Tajikistan, both in the public and private sectors. 2.   The cooperation shall focus in particular on the following areas: — updating higher education and training systems in the Republic of Tajikistan, including the system of certification of higher education establishments and higher education diplomas, — training public and private sector executives and civil servants in priority areas to be determined, — cooperation between educational establishments and between educational establishments and firms, — mobility for teachers, graduates, administrators, young scientists and researchers, and young people, — promoting teaching in the field of European studies within the appropriate institutions, — teaching Community languages, — post-graduate training of conference interpreters, — training of journalists, — training of trainers. 3.   The possible participation of one Party in the other Party’s programmes in the field of education and training may be considered in accordance with their respective procedures; where appropriate, institutional frameworks and plans of cooperation will then be established through the participation of the Republic of Tajikistan in the Community’s Tempus programme.

Agriculture and the agro-industrial sector

Article 50

The purpose of cooperation in this area shall be the pursuit of agrarian reform and the reform of agricultural structures, the modernisation, privatisation and restructuring of agriculture, stock farming and the agro-industrial and services sectors in the Republic of Tajikistan, and the development of domestic and foreign markets for Tajik products, in conditions that ensure the protection of the environment, taking into account the necessity to improve security of food supply and to develop agri-business and the processing and distribution of agricultural products. The Parties shall also pursue the gradual approximation of Tajik standards to Community technical regulations concerning industrial and agricultural food products, including sanitary and phytosanitary standards.

Energy

Article 51

1.   Cooperation shall be governed by the principles of the market economy and the European Energy Charter, against a background of the progressive integration of the energy markets in Europe. 2.   Cooperation shall concentrate, inter alia, upon the formulation and development of energy policy. It shall include the following areas: — the improvement of the management and regulation of the energy sector in line with a market economy, — the improvement of energy supply, including security of supply, in an economically and environmentally sound manner, — the promotion of energy saving and energy efficiency and implementation of the Energy Charter Protocol on Energy Efficiency and related environmental aspects, — the modernisation of energy infrastructure, — the improvement of energy supply and use technologies across the range of energy types, — management and technical training in the energy sector, — the transportation and transit of energy materials and products, — the introduction of the range of institutional, legal, fiscal and other conditions necessary to encourage increased energy trade and investment, — the development of hydro-electric and other renewable energy resources. 3.   The Parties shall exchange relevant information on investment projects in the energy sector, in particular concerning the production of energy resources and the construction and refurbishing of oil and gas pipelines or other means of transporting energy products. The Parties attach particular importance to cooperation regarding investments in the energy sector and the manner in which these are regulated. They shall cooperate with a view to implementing the provisions of Title IV and of Article 44 as efficaciously as possible in respect of investments in the energy sector.

Environment and health

Article 52

1.   Bearing in mind the European Energy Charter, the Declarations of the Lucerne Conference of April 1993 and of the Sofia Conference of October 1995, and taking into account the Energy Charter Treaty, and especially Article 19 thereof, and the Energy Charter Protocol on Energy Efficiency and related environmental aspects, the Parties shall develop and strengthen their cooperation on environment and human health. 2.   Cooperation shall aim at protecting the environment, combating all kinds of pollution and in particular cover: — effective monitoring of pollution levels and assessment of the environment; a system of information on the state of the environment, — combating local, regional and transboundary air and water pollution, — environmental rehabilitation, — sustainable, efficient and environmentally sound production and use of energy, — the safety of industrial plants, — classification and safe handling of chemicals, — water quality, — waste reduction, recycling and safe disposal, implementation of the Basel Convention when signed, — the environmental impact of agriculture; soil erosion; chemical pollution, — the protection of forests, — the conservation of biodiversity, protected areas and sustainable use and management of biological resources, — land-use planning, including construction and urban planning, — the use of economic and fiscal instruments, — global climate change, — environmental education and awareness, — implementation of the Espoo Convention on Environmental Impact Assessment in a transboundary context when signed. 3.   Forms of cooperation shall include: — planning for disasters and other emergency situations, — the exchange of information and experts, including information and experts dealing with the transfer of clean technologies and the safe and environmentally sound use of biotechnologies, — joint research activities, — approximation of laws towards Community standards, — cooperation at regional level, including cooperation within the framework of the European Environment Agency, and at international level, — the development of strategies, particularly with regard to global and climatic issues and with a view to achieving sustainable development, — environmental impact studies. 4.   The Parties shall seek to develop their cooperation on questions of human health, in particular through technical assistance on the prevention and combating of infectious diseases and the protection of mothers and young children.

Transport

Article 53

The Parties shall develop and strengthen their cooperation in the field of transport. This cooperation shall, inter alia, aim at restructuring and modernising transport systems and networks in the Republic of Tajikistan; developing and ensuring, where appropriate, compatibility of transportation systems in the context of achieving a more global transport system; and identifying and elaborating priority projects and seeking to attract investment for their implementation. Cooperation shall include: — the modernisation of management and operations of road transport, railways and airports, — the modernisation and development of railways, waterways, roads, airport and air navigation infrastructure and navigation aids, including the modernisation of major routes of common interest and the trans-European links for the above modes, particularly those related to the Traceca project, — the promotion and development of multi-modal transport, — the promotion of joint research and development programmes, — the preparation of the legislative and institutional framework for policy development and implementation, including privatisation of the transport sector, — the simplification of procedures for all forms of transport in the region.

Electronic communications and postal services

Article 54

Within their respective powers and competences the Parties shall expand and strengthen cooperation aimed at: — establishing policies and guidelines for the development of the electronic communications sector and postal services, — developing tariff policy and marketing principles for electronic communications and postal services, — transferring technology and know-how, particularly regarding European technical standards and certification systems, — encouraging the development of projects for electronic communications and postal services and attracting investment, — enhancing the efficiency and quality of electronic communications and postal services, inter alia through liberalisation of activities in sub-sectors, — promoting advanced application of electronic communications, notably in the area of electronic funds transfer, — enhancing the management of, and optimising, electronic communications networks, — developing an appropriate regulatory basis for the provision of electronic communications and postal services and for the use of the radio frequency spectrum, — enhancing training in the field of electronic communications and postal services for operations in market conditions.

Financial services and fiscal institutions

Article 55

1.   Cooperation in the field of financial services shall in particular aim at facilitating the involvement of the Republic of Tajikistan in universally recognised clearing systems. Technical assistance shall focus on: — the development of a stock market and a securities market, — the development of banking services, the development of a common market for credit resources and the involvement of the Republic of Tajikistan in a universally recognised clearing system, — the development of insurance services, which would inter alia create a favourable framework for Community companies’ participation in the establishment of joint ventures in the insurance sector in the Republic of Tajikistan, and the development of export credit insurance. This cooperation shall in particular contribute to fostering relations between the Parties in the financial services sector. 2.   The Parties shall cooperate in developing the fiscal system and fiscal institutions in the Republic of Tajikistan. This cooperation shall include the exchange of information and experience on fiscal matters and the training of personnel involved in the formulation and implementation of fiscal policy.

Enterprise restructuring and privatisation

Article 56

Recognising that privatisation is of fundamental importance to a sustainable economic recovery, the Parties agree to cooperate in the development of the necessary institutional, legal and methodological framework. Particular attention shall be paid to the orderly and transparent nature of the privatisation process, exchange of information and experience, and appropriate training in investment policy. Technical assistance shall focus on, inter alia: — the further development of an institutional base within the Government of the Republic of Tajikistan to assist with defining and managing the privatisation process, — the further development of the privatisation strategy of the Government of the Republic of Tajikistan, including the legislative framework, and implementation mechanisms, — furthering market approaches to land use and usufruct, — the restructuring of those enterprises not yet ready for privatisation, — the development of private enterprise, and particularly small and medium-sized enterprises, — the development of investment funds. The objective of this cooperation shall be to contribute to the promotion of Community investment in the Republic of Tajikistan.

Regional development

Article 57

1.   The Parties shall strengthen cooperation on regional development and land-use planning. 2.   To this end, the Parties shall encourage the exchange of information by national, regional and local authorities on regional and land-use planning policy and on methods of formulation of regional policies with special emphasis on the development of disadvantaged areas. They shall also encourage direct contacts between the respective regions and public organisations responsible for regional development planning with the aim, inter alia, of exchanging information regarding ways of fostering regional development.

Social cooperation

Article 58

1.   With regard to health and safety, the Parties shall develop cooperation between them with the aim of improving inter alia the level of protection of the health and safety of workers. This cooperation shall include: — education and training on health and safety issues with specific attention to high risk sectors of activity, — development and promotion of preventive measures to combat work related diseases and other work-related ailments, — prevention of major accident hazards and the management of toxic chemicals, — research on developing information and understanding of the working environment and on the health and safety of workers. 2.   With regard to employment, the cooperation shall include notably technical assistance for: — the optimisation of the labour market, — the modernisation of job-finding and careers advisory services, — the planning and management of restructuring programmes, — the encouragement of local employment development, — the exchange of information on the programmes of flexible employment, including those stimulating self-employment and promoting entrepreneurship. 3.   The Parties shall pay special attention to cooperation in the sphere of social protection, including cooperation in planning and implementing social protection reforms in the Republic of Tajikistan. These reforms shall aim to develop in the Republic of Tajikistan methods of protection intrinsic to market economies and shall comprise all relevant forms of social protection.

Tourism

Article 59

The Parties shall increase and develop their cooperation with a view, inter alia, to: — facilitating the tourist trade, — increasing the flow of information, — transferring know-how, — studying the opportunities for joint operations, — cooperation between official tourism bodies, including the preparation of promotional material, — training for tourism development.

Small and medium-sized enterprises

Article 60

1.   The Parties shall aim to develop and strengthen small and medium-sized enterprises (SMEs) and their associations, and cooperation between SMEs in the Community and the Republic of Tajikistan. 2.   Cooperation shall include technical assistance, in particular in the following areas: — the development of a legislative framework for SMEs, — the development of an appropriate infrastructure to support SMEs, to promote communication and business cooperation between SMEs both within the Republic of Tajikistan and further afield, and to train SMEs in the skills necessary to access funding, — training in the areas of marketing, accounting and control of the quality of products.

Information and communication

Article 61

The Parties shall support the development of modern methods of information handling, including the media, and stimulate the effective mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and the Republic of Tajikistan, including, where possible, access to databases, in full respect of intellectual property rights.

Consumer protection

Article 62

The Parties shall enter into close cooperation aimed at achieving compatibility between their systems of consumer protection. This cooperation may include the exchange of information on legislative work and institutional reform, the establishment of permanent systems of mutual information on dangerous products, the improvement of information provided to consumers, especially on prices, characteristics of products and services offered, the development of exchanges between consumer interest representatives, and increasing the compatibility of consumer protection policies, and the organisation of seminars and training periods.

Customs

Article 63

1.   The aim of cooperation shall be to guarantee compliance with all the provisions scheduled for adoption in connection with trade and fair trade and to achieve the approximation of the Republic of Tajikistan’s customs system to that of the Community. 2.   Cooperation shall take place particularly through: — the exchange of information, — the improvement of working methods, — the introduction of the Combined Nomenclature and the single administrative document, — the simplification of controls and formalities in respect of the carriage of goods, — support for the introduction of modern customs information systems, — the organisation of seminars and training periods. Technical assistance shall be provided where necessary. 3.   Without prejudice to other cooperation under this Agreement, and in particular Title VIII, mutual assistance in customs matters between administrative authorities of the Parties shall take place in accordance with the provisions of the Protocol attached to this Agreement.

Statistical cooperation

Article 64

Cooperation in this area shall pursue the development of an efficient statistical system to provide the reliable statistics needed to support and monitor the process of socio-economic reform and contribute to the development of private enterprise in the Republic of Tajikistan. The Parties shall, in particular, cooperate in the following fields: — the adaptation of the Tajik statistical system to international methods, standards and classification, — the exchange of statistical information, — the provision of the macro- and microeconomic statistics necessary to implement and manage economic reforms. The Community shall provide the Republic of Tajikistan with technical assistance for this purpose.

Economic science

Article 65

The Parties shall facilitate the process of socioeconomic reform and the coordination of economic policies by cooperating to improve understanding of the fundamentals of their respective economies and the design and implementation of economic policy in market economies. To this end, the Parties shall exchange information on macroeconomic performance and prospects. The Community shall provide technical assistance to: — assist the Republic of Tajikistan in the process of economic reform by providing expert advice and technical assistance, — encourage cooperation among economists in order to expedite the transfer of know-how for the drafting of economic policies, and provide for wide dissemination of policy-relevant research, — improve the Republic of Tajikistan’s capacity to formulate economic models.