- counterfeiting. Cooperation in the abovementioned areas will be based on mutual consultation and close interaction.
Technical and administrative assistance will be provided, including in the following areas:
- drafting of national legislation in the sphere of preventing illegal activities;
- creation of information centres;
- increasing the efficiency of institutions engaged in preventing illegal activities;
- training of personnel and development of research infrastructures;
- elaboration of mutually acceptable measures impeding illegal activities.
Article 69. 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 of proceeds from criminal activities in general and drug offences in particular.
2. Cooperation in this area shall include administrative and technical assistance with the purpose of establishing suitable 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 70. Drugs
Within the framework of their respective powers and competences the Parties shall cooperate in increasing 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, as well as in promoting 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 on the basis of 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 71. Illegal Immigration
1. The Member States and Turkmenistan agree to cooperate in order to prevent and control illegal immigration. To this end:
- Turkmenistan agrees to readmit any of its nationals illegally present on the territory of a Member State, upon request by the latter and without further formalities; and
- each Member State agrees to readmit any of its nationals, as defined for Community purposes, illegally present on the territory of Turkmenistan, upon request by the latter and without further formalities.
The Member States and Turkmenistan will also provide their nationals with appropriate identity documents for such purposes.
2. Turkmenistan agrees to conclude bilateral agreements with Member States which so request, regulating specific obligations for readmission including an obligation for the readmission of nationals of other countries and stateless persons who have arrived on the territory of any such Member State from Turkmenistan or who have arrived on the territory of Turkmenistan from any such Member State.
3. The Cooperation Council shall examine what other joint efforts can be made to prevent and control illegal immigration.
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, Turkmenistan shall benefit from temporary financial assistance from the Community by way of technical assistance in the form of grants.
Article 74.
This financial assistance shall be covered within the framework of Tacis as foreseen in the Community's relevant Council Regulation.
Article 75.
The objectives and the areas of the Community's financial assistance shall be laid down in an indicative programme reflecting established priorities to be agreed between the Community and Turkmenistan, taking into account Turkmenistan'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 technical assistance contributions are made in close coordination with those from other sources such as the Member States, other countries, and international organizations 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 which shall supervise the implementation of this Agreement. It shall meet at ministerial level once a year. 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. The Cooperation Council may also make appropriate recommendations, by agreement between the Parties.
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 Turkmenistan, 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 Turkmenistan.
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 Turkmenistan 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 Turkmenistan.
In its rules of procedure the Cooperation Council shall determine 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 Turkmen 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 Turkmen 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 Turkmen 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 out of commercial and cooperation transactions concluded by economic operators of the Community and those of Turkmenistan;
- 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 State;
- will 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 19584.
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 Turkmenistan 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 Turkmenistan shall not give rise to any discrimination between Turkmen nationals, or its 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 tax payers 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. In the event of it not being 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 one 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 promptly through appropriate channels at the request of either Party to discuss 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.
Article 90.
Treatment granted to Turkmenistan hereunder shall in no case be more favourable than that granted by the Member States to each other.
Article 91.
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 the Agreement shall be automatically renewed year by 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, IV and V together with the Protocol shall form an integral part of this Agreement.
Article 96.
This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved hereunder, affect rights assured to them through existing Agreements binding one or more Member States, on the one hand, and Turkmenistan, 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, the European Coal and Steel 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 Turkmenistan.
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 Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen languages are equally authentic, shall be deposited with the Secretary-General of the Council of the European Union.
Article 100.
This Agreement will be approved by the Parties in accordance with their own procedures.
This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify the Secretary-General of the Council of the European Union that the procedures referred to in the first paragraph have been completed.
Upon its entry into force, and as far as relations between Turkmenistan and the Community are concerned, this Agreement shall replace the Agreement between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and economic and commercial cooperation signed in Brussels on 18 December 1989.
Article 101.
In the event that, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement are put into effect by means of an Interim Agreement between the Community and Turkmenistan, the Parties agree that, in such circumstances, the term "date of entry into force of this Agreement" shall mean the date of entry into force of the Interim Agreement.
Attachments
Annex II. Community Reservations in Accordance with Article 21(2)
Mining In some Member States, a concession may be required for mining and mineral rights for non-Community controlled companies.
Fishing
Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of Member States of the Community is restricted to fishing vessels flying the flag of a Community Member State and registered in Community territory unless otherwise provided for.
Real estate purchase In some Member States, the purchase of real estate by non-Community companies is subject to restrictions.
Audio-visual services including radio National treatment concerning production and distribution, including broadcasting and other forms of transmission to the public, may be reserved to audiovisual works meeting certain origin criteria.
Telecommunications services including mobile and satellite services Reserved services
In some Member States market access concerning complementary services and infrastructures is restricted.
Professional services Services reserved to natural persons who are nationals of Member States. Under certain conditions those persons may create companies.
Agriculture
In some Member States national treatment is not applicable to non-Community controlled companies which wish to undertake an agricultural enterprise. The acquisition of vineyards by non-Community controlled companies is subject to notification, or, as necessary, authorization.
News agency services
In some Member States limitations exist on foreign participation in publishing companies and broadcasting companies.
Annex III. Reservations of Turkmenistan in Accordance with Article 21(4)
1. Under current Turkmen legislation, a licence is required by companies or natural persons wishing to invest in certain economic activities in Turkmenistan. The conditions for the issue of such licences may not result in discrimination between Turkmen and foreign companies.
Such licensing may therefore not be used in order to nullify the benefits accorded to Community companies pursuant to Article 21(4) of this Agreement, nor to circumvent any other provisions of this Agreement. In particular it may not be used to impede the establishment of Community companies in any area of economic activity, except as provided for in paragraph 2 below. No licence may be revoked without due justification and any such revocation may be subject to appeal and, if necessary, dispute settlement.
2. The following reservations are currently applied:
Real estate (immovable property) purchase
Foreign persons and companies are not allowed to acquire plots of land. They may, however, lease plots of land on a long term basis.
Agriculture
There are limitations for foreigners regarding the breeding of horses and "sardzhin"
sheep
Historical sites and monuments
3. The application of the reservations in paragraph 2 above can in no case result in treatment less favourable than that accorded to companies of any third country. Any relaxation of these restrictions will be extended to Community companies on the basis of national treatment or most-favoured-nation treatment, whichever is the better.
The future development of investment legislation in Turkmenistan will take place in conformity with the provisions and the spirit of this Agreement including in particular its General Principles, the conditions affecting the establishment and operation of companies, and the provisions regarding legislative cooperation (Titles I, IV and V) as well as the Exchange of Letters between the Community and Turkmenistan in Relation to the Establishment of Companies.
Annex IV. Financial Services Referred to in Article 24(3)
A financial service is any service of a financial nature offered by a financial service provider of a Party. Financial services include the following activities:
A. All insurance and insurance-related services;
1. Direct insurance (including co-insurance).
(i) life
(ii) non-life
2. Reinsurance and retrocession.
3. Insurance intermediation, such as brokerage and agency.
4. Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
B. Banking and other financial services (excluding insurance).
1. Acceptance of deposits and other repayable funds from the public.
2. Lending of all types, including, inter alia, consumer credit, mortgage credit, factoring and financing of commercial transaction.
3. Financial leasing.
4. All payment and money transmission services, including credit charge and debit cards, travellers cheques and bankers drafts.