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. Article 42 Cooperation in the field of trade in goods and services 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. ---|--- Article 43 Industrial cooperation 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. Article 44 Investment promotion and protection 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. ---|--- Article 45 Public procurement The Parties shall cooperate to develop conditions for open and competitive award of contracts for goods and services, in particular through calls for tenders. Article 46 Cooperation in the field of standards and conformity assessment 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. ---|--- Article 47 Mining and raw materials 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. ---|--- Article 48 Cooperation in science and technology 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. Article 49 Education and training 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. Article 50 Agriculture and the agro-industrial sector 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. Article 51 Energy 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. Article 52 Environment and health 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. Article 53 Transport 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. ---|--- Article 54 Electronic communications and postal services 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. ---|--- Article 55 Financial services and fiscal institutions 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. Article 56 Enterprise restructuring and privatisation 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. Article 57 Regional development 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. Article 58 Social cooperation 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. Article 59 Tourism 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. ---|--- Article 60 Small and medium-sized enterprises 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. ---|--- Article 61 Information and communication 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. Article 62 Consumer protection 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. Article 63 Customs 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. Article 64 Statistical cooperation 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. Article 65 Economic science 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. ---|--- TITLE VII COOPERATION ON MATTERS RELATING TO DEMOCRACY AND HUMAN RIGHTS Article 66 The Parties shall cooperate on all questions relevant to the establishment or reinforcement of democratic institutions, including those required in order to strengthen the rule of law, and the protection of human rights and fundamental freedoms according to international law and OSCE principles. This cooperation shall take the form of technical assistance programmes intended to assist, inter alia, in the drafting of relevant legislation and regulations; the implementation of such legislation; the functioning of the judiciary; the role of the State in questions of justice; and the operation of the electoral system. They shall include training where appropriate. The Parties shall encourage contacts and exchanges between their national, regional and judicial authorities, parliamentarians, and non-governmental organisations. TITLE VIII COOPERATION ON PREVENTION OF ILLEGAL ACTIVITIES AND THE PREVENTION AND CONTROL OF ILLEGAL IMMIGRATION Article 67 The Parties shall establish cooperation aimed at preventing illegal activities such as: — | illegal activities in the sphere of economics, including corruption, ---|--- — | illegal transactions in various goods, including industrial waste, and illicit traffic of arms, ---|--- — | counterfeiting. ---|--- Cooperation in the above areas shall be based on mutual consultation and close interaction. Technical and administrative assistance shall be provided, in such areas as: — | drafting national legislation in the sphere of preventing illegal activities, ---|--- — | creating information centres, ---|--- — | increasing the efficiency of institutions engaged in preventing illegal activities, ---|--- — | training personnel and developing research infrastructure, ---|--- — | elaborating mutually acceptable measures to counter illegal activities. ---|--- Article 68 Money laundering 1\. The Parties agree on the necessity of making efforts and cooperating in order to prevent the use of their financial systems for laundering the proceeds of criminal activities in general and drug offences in particular. 2\. Cooperation in this area shall include administrative and technical assistance with a view to establishing standards against money laundering equivalent to those adopted by the Community and international fora in this field, including the Financial Action Task Force (FATF). Article 69 Fight against drugs Within the framework of their respective powers and competences the Parties shall cooperate to increase the effectiveness and efficiency of policies and measures to counter the illicit production, supply and traffic in narcotic drugs and psychotropic substances, including the prevention of diversion of precursor chemicals, and to promote drug demand prevention and reduction. As regards the control of precursor chemicals and other essential substances used for the illicit production of narcotic drugs and psychotropic substances, this cooperation shall be based on the standards adopted by the Community and the international authorities concerned, such as those of the Chemical Action Task Force (CATF). Cooperation in this area shall be based on mutual consultation and close coordination between the Parties on objectives and measures to be taken in the various drug-related fields. Article 70 Cooperation on migration 1\. The Parties reaffirm the importance, which they attach to a joint management of migration flows between their territories. With a view to strengthening cooperation between them, they shall establish a comprehensive dialogue on all migration-related issues, including illegal migration, smuggling and trafficking in human beings, as well as the inclusion of the migration concerns in the national strategies for economic and social development of the areas from which migrants originate. 2\. Cooperation shall be based on a specific needs assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant Community and national legislation in force. It will, in particular, focus on: (a) | the root causes of migration; ---|--- (b) | the development and implementation of national legislation and practices as regards international protection, with a view to satisfying the provisions of the Geneva Convention of 1951 on the status of refugees and of the Protocol of 1967 and other relevant international instruments, and to ensuring the respect of the principle of ‘non-refoulement’; ---|--- (c) | the admission rules and rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training and measures against racism and xenophobia; ---|--- (d) | the establishment of an effective and preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings including the issue of how to combat networks of smugglers and traffickers and how to protect the victims of such trafficking; ---|--- (e) | the return, under humane and dignified conditions, of persons residing illegally including the promotion of their voluntary return, and the readmission of such persons, in accordance with paragraph 3; ---|--- (f) | the field of visas, on issues identified as being of mutual interest; ---|--- (g) | the field of border controls, on issues related to organisation, training, best practices and other operational measures on the ground and where relevant, equipment, while being aware of the potential dual-use of such equipment. ---|--- 3\. In the framework of the cooperation to prevent and control illegal immigration, the Parties also agree to readmit their illegal migrants. To this end: — | the Republic of Tajikistan shall readmit any of its nationals illegally present on the territory of a Member State of the European Union, upon request by the latter and without further formalities, ---|--- — | and each Member State of the European Union shall readmit any of its nationals illegally present on the territory of the Republic of Tajikistan, upon request by the latter and without further formalities. ---|--- The Member States of the European Union and the Republic of Tajikistan will provide their nationals with appropriate identity documents for such purposes. The Parties agree to conclude, upon request and as soon as possible, an agreement regulating the specific obligations for Member States of the European Union and the Republic of Tajikistan on readmission, including an obligation for the readmission of nationals of other countries and stateless persons. For this purpose, the term ‘Parties’ shall mean the European Community, any of its Member States and the Republic of Tajikistan. Article 71 Fight against terrorism The Parties reaffirm the importance of the fight against terrorism and, in accordance with international agreements and their respective laws and regulations, agree to cooperate on the prevention and elimination of terrorist acts. In particular they will cooperate: — | in the framework of the full implementation of UN Security Council Resolution 1373 and other UN resolutions, agreements and other international instruments relating to this matter, ---|--- — | by exchanges of information, in accordance with the international and national laws on terrorist groups and their support networks, ---|--- — | and by exchanges of views on the means and methods used to counter terrorism, including technical fields and training, and by an exchange of experience concerning the prevention of terrorism. ---|--- TITLE IX CULTURAL COOPERATION Article 72 The Parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate, the Community’s cultural cooperation programmes or those of one or more Member States may be the subject of cooperation and further activities of mutual interest may be developed. TITLE X FINANCIAL COOPERATION Article 73 In order to achieve the objectives of this Agreement and in accordance with Articles 74, 75 and 76, the Republic of Tajikistan shall be eligible for temporary financial assistance from the Community by way of technical assistance grants. Article 74 This financial assistance shall be covered by the Tacis programme and the Community’s relevant Council Regulation. The Republic of Tajikistan may also benefit from other types of Community assistance according to its needs. Particular attention shall be given to the focussing of aid, the coordination of assistance instruments and the link between the various types of Community humanitarian, rehabilitation and development aid. The fight against poverty shall be incorporated into the Community programmes. Article 75 The objectives and the areas of the Community’s financial assistance shall be laid down in an indicative programme reflecting priorities between the Community and the Republic of Tajikistan, taking into account the Republic of Tajikistan’s needs, sectoral absorption capacities and progress with reform. The Parties shall inform the Cooperation Council thereof. Article 76 In order to permit optimum use of the resources available, the Parties shall ensure that Community assistance is closely coordinated with contributions from other sources such as the Member States, other countries and international organisations such as the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development. TITLE XI INSTITUTIONAL, GENERAL AND FINAL PROVISIONS Article 77 A Cooperation Council is hereby established to supervise the implementation of this Agreement. It shall meet regularly at ministerial level. It shall meet at intervals which it shall itself determine and at least once every two years. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest for the purpose of attaining the objectives of this Agreement. With the Parties’ agreement, the Cooperation Council may also make appropriate recommendations. Article 78 1\. The Cooperation Council shall consist of members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of the Republic of Tajikistan, on the other. 2\. The Cooperation Council shall establish its rules of procedure. 3\. The office of President of the Cooperation Council shall be held alternately by a representative of the Community and by a member of the Government of the Republic of Tajikistan. Article 79 1\. The Cooperation Council shall be assisted in the performance of its duties by a Cooperation Committee composed of representatives of the members of the Council of the European Union and of members of the Commission of the European Communities on the one hand and of representatives of the Government of the Republic of Tajikistan on the other, normally at senior civil servant level. The office of President of the Cooperation Committee shall be held alternately by the Community and by the Republic of Tajikistan. In its rules of procedure the Cooperation Council shall lay down the duties of the Cooperation Committee, which shall include the preparation of meetings of the Cooperation Council, and how the Committee shall function. 2\. The Cooperation Council may delegate any of its powers to the Cooperation Committee, which will ensure continuity between meetings of the Cooperation Council. Article 80 The Cooperation Council may decide to set up any other special committee or body that can assist it in carrying out its duties and shall determine the composition and duties of such committees or bodies and how they shall function. Article 81 When examining any issue arising within the framework of this Agreement in relation to a provision referring to an Article of one of the Agreements constituting the WTO, the Cooperation Council shall take into account to the greatest extent possible the interpretation that is generally given to the Article in question by the members of the WTO. Article 82 A Parliamentary Cooperation Committee is hereby established. It shall be a forum for members of the Tajik Parliament and the European Parliament to meet and exchange views, including on matters concerning political dialogue at parliamentary level. It shall meet at intervals which it shall itself determine. Article 83 1\. The Parliamentary Cooperation Committee shall consist of members of the European Parliament, on the one hand, and of members of the Tajik Parliament, on the other. 2\. The Parliamentary Cooperation Committee shall establish its rules of procedure. 3\. The Parliamentary Cooperation Committee shall be presided in turn by the European Parliament and the Tajik Parliament respectively, in accordance with the provisions to be laid down in its rules of procedure. Article 84 The Parliamentary Cooperation Committee may request relevant information regarding the implementation of this Agreement from the Cooperation Council, which shall then supply the Committee with the requested information. The Parliamentary Cooperation Committee shall be informed of the recommendations of the Cooperation Council. The Parliamentary Cooperation Committee may make recommendations to the Cooperation Council. Article 85 1\. Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property. 2\. Within the limits of their respective powers and competences, the Parties: — | shall encourage the adoption of arbitration for the settlement of disputes arising from commercial and cooperation transactions concluded by economic operators of the Community and those of the Republic of Tajikistan, ---|--- — | agree that where a dispute is submitted to arbitration, each party to the dispute may, except where the rules of the arbitration centre chosen by the parties provide otherwise, choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator or the sole arbitrator may be a citizen of a third country, ---|--- — | shall recommend their economic operators to choose by mutual consent the law applicable to their contracts, ---|--- — | shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on International Trade Law (Uncitral) and to arbitration by any centre of a State signatory to the Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958. ---|--- Article 86 Nothing in this Agreement shall prevent a Party, within the limits of its respective powers and competences, from taking any measures: (a) | which it considers necessary to prevent the disclosure of information contrary to its essential security interests; ---|--- (b) | which relate to the production of, or trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; ---|--- (c) | which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security; ---|--- (d) | which it considers necessary to respect its international obligations and commitments in the control of dual-use industrial goods and technology. ---|--- Article 87 1\. In the fields covered by this Agreement and without prejudice to any special provisions contained therein: — | the arrangements applied by the Republic of Tajikistan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms, ---|--- — | the arrangements applied by the Community in respect of the Republic of Tajikistan shall not give rise to any discrimination between Tajik nationals, companies or firms. ---|--- 2\. The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence. Article 88 1\. Each of the Parties may refer to the Cooperation Council any dispute relating to the application or interpretation of this Agreement. 2\. The Cooperation Council may settle the dispute by means of a recommendation. 3\. If it is not possible to settle the dispute in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of a conciliator; the other Party must then appoint a second conciliator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be a single Party to the dispute. The Cooperation Council shall appoint a third conciliator. The conciliators’ recommendations shall be taken by majority vote. Such recommendations shall not be binding upon the Parties. Article 89 The Parties agree to consult each other promptly, through appropriate channels and at the request of either Party, on any matter concerning the interpretation or implementation of this Agreement and other relevant aspects of the relations between the Parties. The provisions of this Article shall in no way affect, and are without prejudice to, Articles 12, 88 and 94. The Cooperation Council may establish rules of procedure for the settlement of disputes. Article 90 The treatment granted to the Republic of Tajikistan under this Agreement shall in no case be more favourable than that granted by the Member States to each other. Article 91 For the purposes of this Agreement, the term ‘Parties’ shall mean the Republic of Tajikistan, on the one part, and the Community, or the Member States, or the Community and the Member States, in accordance with their respective powers, on the other part. Article 92 Insofar as matters covered by this Agreement are covered by the Energy Charter Treaty and Protocols thereto, such Treaty and Protocols shall upon entry into force apply to such matters but only to the extent that such application is provided for therein. Article 93 This Agreement is concluded for an initial period of ten years, after which time it shall be automatically renewed from year to year, provided that neither Party gives the other Party written notice of denunciation of this Agreement six months before it expires. Article 94 1\. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained. 2\. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Cooperation Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of these measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Cooperation Council if the other Party so requests. Article 95 Annexes I, II, III and IV together with the Protocol shall form an integral part of this Agreement. Article 96 This Agreement shall not, until equivalent rights have been achieved hereunder, affect rights assured to individuals and economic operators by existing Agreements binding one or more Member States, on the one hand, and the Republic of Tajikistan, on the other, except in areas falling within Community competence and without prejudice to the obligations of Member States resulting from this Agreement in areas falling within their competence. Article 97 This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of the Republic of Tajikistan. Article 98 The Secretary-General of the Council of the European Union shall be the depositary of this Agreement. Article 99 The original of this Agreement, of which the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Tajik languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union. Article 100 This Agreement shall be approved by the Parties in accordance with their own procedures.