22001A1214(01)
Interim Agreement on trade and trade-related matters between the
European Community, of the one part, and the Republic of Croatia, of
the other part - Final Act
Dates:
of document: 29/10/2001
of effect: 01/01/2002; Provisional application See Art 53.2
of effect: 01/03/2002; Entry into force See Art 53.2 And OJ
L 40/2002 P. 10
of signature: 29/10/2001; Luxembourg
end of validity: 99/99/9999; See Art. 49
Authentic language: The official languages ; German ; English ;
Spanish ; Italian ; Dutch ; Swedish ; Finnish ; Portuguese ; French
; Danish ; Other than Community language ; Serbocroat ; Greek
Author:
European Community ; Croatia
Subject matter: External relations ; Association ; Commercial policy
Directory code: 11401030
EUROVOC descriptor: EC interim agreement ; EC trade agreement ;
Croatia ; free movement of goods ; customs regulations ; transport
regulations
Legal basis:
197E133................... Adoption
197E300-P2L1FR1........... Adoption
Instruments cited:
151K......................
194N/PRO/09...............
294A1223(02)..............
294A1223(04)..............
294A1223(09)..............
294A1223(10)..............
294A1223(14)..............
197E036...................
197E037...................
197E081...................
197E082...................
197E086...................
197E087...................
300R2007..................
Amended by:
Relation...... 301D0868..........
Relation...... 301R2248..........
Adopted by.... 302D0107.......... from 28/01/2002
Interim Agreement
on trade and trade-related matters between the European Community,
of the one part, and the Republic of Croatia, of the other part
THE EUROPEAN COMMUNITY,
hereinafter referred to as "the Community",
of the one part, and
THE REPUBLIC OF CROATIA,
hereinafter referred to as "Croatia"
of the other part,
WHEREAS:
(1) The Stabilisation and Association Agreement between the European
Communities and its Member States, of the one part, and the Republic
of Croatia, of the other part, was signed at Luxembourg, on 29
October 2001.
(2) The Stabilisation and Association Agreement is intended to
establish a close and lasting relationship based on reciprocity and
mutual interest, which should allow Croatia to formalise and
strengthen the existing relationship with the European Union.
(3) It is necessary to ensure the development of trade links through
the establishment of a contractual relation.
(4) To this end it is necessary to implement as speedily as
possible, by means of an Interim Agreement, the provisions of the
Stabilisation and Association Agreement on trade and trade-related
matters.
(5) Some of the provisions included in Protocol 6 to the
Stabilisation and Association Agreement on land transport, which are
related to road transit traffic, are directly linked to free
movement of goods and consequently have to be included in this
Interim Agreement.
(6) It is necessary to ensure that pending the entry into force of
the Stabilisation and Association Agreement and the establishment of
the Stabilisation and Association Council, and in the absence of any
other contractual institutional structure a specific framework is
created to assist in the implementation of the Interim Agreement,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries:
THE EUROPEAN COMMUNITY:
- Louis MICHEL
Deputy Prime Minister and Minister for Foreign Affairs of the
Kingdom of Belgium
President-in-Office of the Council of the European Union
- Christopher PATTEN
Member of the Commission of the European Communities,
CROATIA:
- Tonino PICULA
Minister of Foreign Affair of the Republic of Croatia
WHO, having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
TITLE I
GENERAL PRINCIPLES
Article 1 (SAA Article 2)
Respect for the democratic principles and human rights as proclaimed
in the Universal Declaration of Human Rights and as defined in the
Helsinki Final Act and the Charter of Paris for a New Europe,
respect for international law principles and the rule of law as well
as the principles of market economy as reflected in the Document of
the CSCE Bonn Conference on Economic Cooperation, shall form the
basis of the domestic and external policies of the Parties and
constitute essential elements of this Agreement.
TITLE II
FREE MOVEMENT OF GOODS
Article 2 (SAA Article 15)
1. The Community and Croatia shall gradually establish a free trade
area over a period lasting a maximum of six years starting from the
entry into force of this Agreement in accordance with the provisions
of this Agreement and in conformity with those of the GATT 1994 and
the WTO. In so doing they shall take into account the specific
requirements laid down hereinafter.
2. The Combined Nomenclature of goods shall be applied to the
classification of goods in trade between the two Parties.
3. For each product the basic duty to which the successive
reductions set out in this Agreement are to be applied shall be the
duty actually applied erga omnes on the day preceding the signature
of this Agreement or the duty bound in the WTO for the year 2002,
whichever is the lowest.
4. If, after the signature of this Agreement, any tariff reduction
is applied on an erga omnes basis, in particular reductions
resulting from the tariff negotiations in the WTO, such reduced
duties shall replace the basic duty referred to in paragraph 3 as
from the date when such reductions are applied.
5. The Community and Croatia shall communicate to each other their
respective basic duties.
Chapter I
Industrial products
Article 3 (SAA Article 16)
1. The provisions of this Chapter shall apply to products
originating in the Community or in Croatia listed in Chapters 25 to
97 of the Combined Nomenclature, with the exception of the products
listed in Annex I, paragraph I, (ii) of the Agreement on agriculture
(GATT 1994).
2. The provisions of Articles 4 and 5 shall neither apply to textile
products nor to steel products of Chapter 72 of the Combined
Nomenclature, as specified in Articles 9 and 10.
3. Trade between the Parties in products covered by the Treaty
establishing the European Atomic Energy Community shall be conducted
in accordance with the provisions of that Treaty.
Article 4 (SAA Article 17)
1. Customs duties on imports into the Community of products
originating in Croatia shall be abolished upon the entry into force
of this Agreement.
2. Quantitative restrictions on imports into the Community and
measures having equivalent effect shall be abolished on the date of
entry into force of this Agreement with regard to products
originating in Croatia.
Article 5 (SAA Article 18)
1. Customs duties on imports into Croatia of goods originating in
the Community other than those listed in Annexes I and II shall be
abolished upon the entry into force of this Agreement.
2. Customs duties on imports into Croatia of goods originating in
the Community which are listed in Article I shall be progressively
reduced and eliminated in accordance with the following timetable:
- on the entry into force of the Agreement each duty shall be
reduced to 60 % of the basic duty,
- on 1 January 2003 each duty shall be reduced to 30 % of the basic
duty,
- on 1 January 2004 the remaining duties shall be abolished.
3. Customs duties on imports into Croatia of goods originating in
the Community which are listed in Article II shall be progressively
reduced and eliminated in accordance with the following timetable:
- on the entry into force of the Agreement each duty shall be
reduced to 70 % of the basic duty,
- on 1 January 2003 each duty shall be reduced to 50 % of the basic
duty,
- on 1 January 2004 each duty shall be reduced to 40 % of the basic
duty,
- on 1 January 2005 each duty shall be reduced to 30 % of the basic
duty,
- on 1 January 2006 each duty shall be reduced to 15 % of the basic
duty,
- on 1 January 2007 the remaining duties shall be abolished.
4. Quantitative restrictions on imports into Croatia of goods
originating in the Community and measures having equivalent effect
shall be abolished upon the date of entry into force of this
Agreement.
Article 6 (SAA Article 19)
The Community and Croatia shall abolish upon the entry into force of
this Agreement in trade between themselves any charges having an
effect equivalent to customs duties on imports.
Article 7 (SAA Article 20)
1. The Community and Croatia shall abolish any customs duties on
exports and charges having equivalent effect upon the entry into
force of this Agreement.
2. The Community and Croatia shall abolish between themselves any
quantitative restrictions on exports and measures having equivalent
effect upon the entry into force of this Agreement.
Article 8 (SAA Article 21)
Croatia declares its readiness to reduce its customs duties in trade
with the Community more rapidly than is provided for in Article 5,
if its general economic situation and the situation of the economic
sector concerned so permit.
The Interim Committee shall make recommendations to this effect.
Article 9 (SAA Article 22)
Protocol 1 lays down the arrangements applicable to the textile
products referred to therein.
Article 10 (SAA Article 23)
Protocol 2 lays down the arrangements applicable to the steel
products of Chapter 72 of the Combined Nomenclature referred to
therein.
Chapter II
Agriculture and fisheries
Article 11 (SAA Article 24)
Definition
1. The provisions of this Chapter shall apply to trade in
agricultural and fishery products originating in the Community or in
Croatia.
2. The term "agricultural and fishery products" refers to the
products listed in Chapters 1 to 24 of the Combined Nomenclature and
the products listed in Annex I, paragraph I, (ii) of the Agreement
on agriculture (GATT, 1994).
3. This definition includes fish and fisheries products covered by
Chapter 3, headings 1604 and 1605, and subheadings 0511 91, 2301 20
and ex 1902 20 ("stuffed pasta containing more than 20 % by weight
of fish, crustaceans, molluscs or other aquatic invertebrates").
Article 12 (SAA Article 25)
Protocol 3 lays down the trade arrangements for processed
agricultural products which are listed therein.
Article 13 (SAA Article 26)
1. On the date of entry into force of this Agreement, the Community
shall abolish all quantitative restrictions and measures having
equivalent effect on imports of agricultural and fishery products
originating in Croatia.
2. On the date of entry into force of this Agreement, Croatia shall
abolish all quantitative restrictions and measures having equivalent
effect on imports of agricultural and fishery products originating
in the Community.
Article 14 (SAA Article 27)
Agricultural products
1. From the date of entry into force of this Agreement, the
Community shall abolish the customs duties and charges having
equivalent effect on imports of agricultural products originating in
Croatia, other than those of heading Nos 0102, 0201, 0202 and 2204
of the Combined Nomenclature.
For the products covered by Chapters 7 and 8 of the Combined
Nomenclature, for which the Common Customs Tariff provides for the
application of ad valorem customs duties and a specific customs
duty, the elimination applies only to the ad valorem part of the
duty.
2. From the date of entry into force of this Agreement, the
Community shall fix the customs duties applicable to imports into
the Community of "baby-beef" products defined in Annex III and
originating in Croatia at 20 % of the ad valorem duty and 20 % of
the specific duty as laid down in the Common Customs Tariff of the
European Communities, within the limit of an annual tariff quota of
9400 tonnes expressed in carcase weight.
3 (a) From the date of entry into force of this Agreement, Croatia
shall:
(i) abolish the customs duties applicable on imports of certain
agricultural products originating in the Community, listed in
Article IV(a);
(ii) abolish the customs duties applicable on imports of certain
agricultural products originating in the Community, listed in
Article IV(b) within the limits of tariff quotas indicated for each
product in that Annex. The tariff quotas will be increased yearly by
a quantity indicated for each product in that Annex.
(b) From the first year after the date of entry into force of this
Agreement, Croatia shall:
(i) abolish the customs duties applicable on imports of certain
agricultural products originating in the Community, listed in
Article IV(c).
(c) From the date of entry into force of this Agreement, Croatia
shall:
(i) abolish progressively the customs duties applicable on imports
of certain agricultural products originating in the Community,
listed in Article IV(d) within the limits of tariff quotas and in
accordance with the timetable indicated for each product in that
Annex;
(ii) reduce progressively to 50 % of the most-favoured nation
treatment (MFN) duty the customs duties applicable on imports of
certain agricultural products originating in the Community, listed
in Article IV(e) in accordance with the timetable indicated for each
product in that Annex;
(iii) reduce progressively to 50 % of the MFN duty the customs
duties applicable on imports of certain agricultural products
originating in the Community, listed in Article IV(f) within the
limits of tariff quotas in accordance with the timetable indicated
for each product in that Annex.
4. The trade arrangements to apply to wine and spirit products will
be defined in an additional protocol on wine and spirits.
Article 15 (SAA Article 28)
Fisheries products
1. From the entry into force of this Agreement, the Community shall
totally eliminate customs duties on fish and fisheries products,
other than those listed in Annex V(a), originating in Croatia.
Products listed in Annex V(a) shall be subject to the provisions
laid down therein.
2. From the entry into force of this Agreement, Croatia shall
abolish all charges having an equivalent effect to a custom duty and
totally eliminate customs duties on fish and fisheries products,
other than those listed in Annex V(b), originating in the European
Community. Products listed in Annex V(b) shall be subject to
provisions laid down therein.
Article 16 (SAA Article 29)
Taking account of the volume of trade in agricultural and fishery
products between the Parties, of their particular sensitivities, of
the rules of the Community common policies and of the Croatian
policies for agriculture and fisheries, of the role of agriculture
and fisheries in Croatia's economy and of the consequences of the
multilateral trade negotiations under the WTO, the Community and
Croatia shall examine in the Interim Committee, no later than 1 July
2006, product by product and on an orderly and appropriate
reciprocal basis, the opportunities for granting each other further
concessions with a view to implementing greater liberalisation of
the trade in agricultural and fishery products.
Article 17 (SAA Article 30)
The provisions of this Chapter shall in no way affect the
application, on a unilateral basis, of more favourable measures by
one or the other Party.
Article 18 (SAA Article 31)
Notwithstanding other provisions of this Agreement, and in
particular Article 25, given the particular sensitivity of the
agricultural and fisheries markets, if imports of products
originating in one of the two Parties, which are the subject of
concessions granted pursuant to Article 12, 14 and 15, cause serious
disturbance to the markets or to their domestic regulatory
mechanisms, in the other Party, both Parties shall enter into
consultations immediately to find an appropriate solution. Pending
such solution, the Party concerned may take the appropriate measures
it deems necessary.
Chapter III
Common provisions
Article 19 (SAA Article 32)
The provisions of this Chapter shall apply to trade in all products
between the Parties except where otherwise provided herein or in
Protocols 1, 2 and 3.
Article 20 (SAA Article 33)
Standstill
1. From the date of entry into force of this Agreement, no new
customs duties on imports or exports or charges having equivalent
effect shall be introduced, nor shall those already applied be
increased, in trade between the Community and Croatia.
2. From the date of entry into force of this Agreement, no new
quantitative restriction on imports or exports or measure having
equivalent effect shall be introduced, nor shall those existing be
made more restrictive, in trade between the Community and Croatia.
3. Without prejudice to the concessions granted under Article 13,
the provisions of paragraphs 1 and 2 of this Article shall not
restrict in any way the pursuit of the respective agricultural
policies of Croatia and the Community or the taking of any measures
under those policies in so far as the import regime in the Annexes
III, IV(a), (b), (c), (d), (e), (f) and V(a) and (b) is not
affected.
Article 21 (SAA Article 34)
Prohibition of fiscal discrimination
1. The Parties shall refrain from, and abolish where existing, any
measure or practice of an internal fiscal nature establishing,
whether directly or indirectly, discrimination between the products
of one Party and like products originating in the territory of the
other Party.
2. Products exported to the territory of one of the Parties may not
benefit from repayment of internal indirect taxation in excess of
the amount of indirect taxation imposed on them.
Article 22 (SAA Article 35)
The provisions concerning the abolition of customs duties on imports
shall also apply to customs duties of a fiscal nature.
Article 23 (SAA Article 36)
Customs unions, free trade areas, cross-border arrangements
1. This Agreement shall not preclude the maintenance or
establishment of customs unions, free trade areas or arrangements
for frontier trade except in so far as they alter the trade
arrangements provided for in this Agreement.
2. During the transitional periods specified in Article 5, this
Agreement shall not affect the implementation of the specific
preferential arrangements governing the movement of goods either
laid down in frontier agreements previously concluded between one or
more Member States and the Socialist Federal Republic of Yugoslavia
and succeeded to by Croatia or resulting from the bilateral
agreements concluded by Croatia in order to promote regional trade.
3. Consultations between the Parties shall take place within the
Interim Committee concerning the agreements described in paragraphs
1 and 2 of this Article and, where requested, on other major issues
related to their respective trade policies towards third countries.
In particular in the event of a third country acceding to the
Community, such consultations shall take place so as to ensure that
account is taken of the mutual interests of the Community and
Croatia stated in this Agreement.
Article 24 (SAA Article 37)
Dumping
1. If one of the Parties finds that dumping is taking place in trade
with the other Party within the meaning of Article VI of the GATT
1994, it may take appropriate measures against this practice in
accordance with the Agreement on implementation of Article VI of the
GATT 1994 and its own related internal legislation.
2. As regards paragraph 1 of this Article, the Interim Committee
shall be informed of the dumping case as soon as the authorities of
the importing Party have initiated an investigation. When no end has
been put to the dumping within the meaning of Article VI of the GATT
1994 or no other satisfactory solution has been reached within 30
days of the matter being referred to the Interim Committee, the
importing Party may adopt the appropriate measures.
Article 25 (SAA Article 38)
General safeguard clause
1. Where any product of one Party is being imported into the
territory of the other Party in such increased quantities and under
such conditions as to cause or threaten to cause:
- serious injury to the domestic industry of like or directly
competitive products in the territory of the importing Party, or
- serious disturbances in any sector of the economy or difficulties
which could bring about serious deterioration in the economic
situation of a region of the importing Party,
the importing Party may take appropriate measures under the
conditions and in accordance with the procedures laid down in this
Article.
2. The Community and Croatia shall only apply safeguard measures
between themselves in accordance with the provisions of this
Agreement. Such measures shall not exceed what is necessary to
remedy the difficulties which have arisen, and should normally
consist of the suspension of the further reduction of any applicable
rate of duty provided for under this Agreement for the product
concerned or the increase of the rate of duty for that product. Such
measures shall contain clear elements progressively leading to their
elimination at the end of the set period at the latest. Measures
shall not be taken for a period exceeding one year. In very
exceptional circumstances, measures may be taken up to a total
maximum period of three years. No safeguard measure shall be applied
to the import of a product that has previously been subject to such
a measure for a period of, at least, three years since the expiry of
the measure.
3. In the cases specified in this Article, before taking the
measures provided for therein or, in the cases to which paragraph
4(b) applies, as soon as possible, the Community or Croatia, as the
case may be, shall supply the Interim Committee with all relevant
information, with a view to seeking a solution acceptable to the two
Parties.
4. For the implementation of the above paragraphs the following
provisions shall apply:
(a) The difficulties arising from the situation referred to in this
Article shall be referred for examination to the Interim Committee,
which may take any decisions needed to put an end to such
difficulties.
If the Interim Committee or the exporting Party has not taken a
decision putting an end to the difficulties or no other satisfactory
solution has been reached within 30 days of the matter being
referred to the Interim Committee, the importing Party may adopt the
appropriate measures to remedy the problem in accordance with this
Article. In the selection of safeguard measures, priority must be
given to those which least disturb the functioning of the
arrangements established in this Agreement;
(b) where exceptional and critical circumstances requiring immediate
action make prior information or examination, as the case may be,
impossible, the Party concerned may, in the situations specified in
this Article, apply forthwith precautionary measures necessary to
deal with the situation and shall inform the other Party immediately
thereof.
5. The safeguard measures shall be notified immediately to the
Interim Committee and shall be the subject of periodic consultations
within that body, particularly with a view to establishing a
timetable for their abolition as soon as circumstances permit.
6. In the event of the Community or Croatia subjecting imports of
products liable to give rise to the difficulties referred to in this
Article to an administrative procedure having as its purpose the
rapid provision of information on the trend of trade flows, it shall
inform the other Party.
Article 26 (SAA Article 39)
Shortage clause
1. Where compliance with the provisions of this Title leads to:
(a) a critical shortage, or threat thereof, of foodstuffs or other
products essential to the exporting Party; or
(b) re-export to a third country of a product against which the
exporting Party maintains quantitative export restrictions, export
duties or measures or charges having equivalent effect, and where
the situations referred to above give rise, or are likely to give
rise, to major difficulties for the exporting Party,
that Party may take appropriate measures under the conditions and in
accordance with the procedures laid down in this Article.
2. In the selection of measures, priority must be given to those
which least disturb the functioning of the arrangements in this
Agreement. Such measures shall not be applied in a manner which
would constitute a means of arbitrary or unjustifiable
discrimination where the same conditions prevail, or a disguised
restriction on trade and shall be eliminated when the conditions no
longer justify their maintenance.
3. Before taking the measures provided for in paragraph 1 of this
Article or, as soon as possible in cases to which paragraph 4 of
this Article applies, the Community or Croatia, as the case may be,
shall supply the Interim Committee with all relevant information,
with a view to seeking a solution acceptable to the Parties. The
Parties within the Interim Committee may agree on any means needed
to put an end to the difficulties. If no agreement is reached within
30 days of the matter being referred to the Interim Committee, the
exporting Party may apply measures under this Article on the
exportation of the product concerned.
4. Where exceptional and critical circumstances requiring immediate
action make prior information or examination, as the case may be,
impossible, the Community or Croatia, whichever is concerned, may
apply forthwith the precautionary measures necessary to deal with
the situation and shall inform the other Party immediately thereof.5. Any measures applied pursuant to this Article shall be
immediately notified to the Interim Committee and shall be the
subject of periodic consultations within that body, particularly
with a view to establishing a timetable for their elimination as
soon as circumstances permit.
Article 27 (SAA Article 40)
State monopolies
Croatia shall progressively adjust any state monopolies of a
commercial character so as to ensure that, by the end of the fourth
year following the entry into force of this Agreement, no
discrimination regarding the conditions under which goods are
procured and marketed exists between nationals of the Member States
of the European Union and Croatia. The Interim Committee shall be
informed about the measures adopted to attain this objective.
Article 28 (SAA Article 41)
Protocol 4 lays down the rules of origin for the application of
tariff preferences provided for in this Agreement.
Article 29 (SAA Article 42)
Restrictions authorised
This Agreement shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public security; the protection of health
and life of humans, animals or plants; the protection of national
treasures of artistic, historic or archaeological value or the
protection of intellectual, industrial and commercial property, or
rules relating to gold and silver. Such prohibitions or restrictions
shall not, however, constitute a means of arbitrary discrimination
or a disguised restriction on trade between the Parties.
Article 30 (SAA Article 43)
Both Parties agree to cooperate to reduce the potential for fraud in
the application of the trade provisions of this Agreement.
Notwithstanding other provisions of this Agreement, and in
particular Articles 18, 25 and 37 and Protocol 4, where one Party
finds that there is sufficient evidence of fraud such as a
significant increase in trade of products by one Party to the other
Party, beyond the level reflecting economic conditions such as
normal production and export capacities, or failure to provide
administrative cooperation as required for the verification of
evidence of origin by the other Party, both Parties shall enter into
consultations immediately to find an appropriate solution. Pending
such solution, the Party concerned may take the appropriate measures
it deems necessary. In the selection of the measures, priority must
be given to those which least disturb the functioning of the
arrangements established in this Agreement.
Article 31 (SAA Article 44)
The application of this Agreement shall be without prejudice to the
application of the provisions of Community law to the Canary
Islands.
Article 32 (SAA Article 58(1)
Road transit traffic
Road transit traffic shall be regulated by the provisions of
Protocol 6.
TITLE III
PAYMENTS, COMPETITION AND OTHER ECONOMIC PROVISIONS
Article 33 (SAA Article 59)
The Parties undertake to authorise, in freely convertible currency,
in accordance with the provisions of Article VIII of the Articles of
the Agreement of the International Monetary Fund, any payments and
transfers on the current account of balance of payments between the
Community and Croatia.
Article 34 (SAA Article 66)
1. The Parties shall endeavour wherever possible to avoid the
imposition of restrictive measures, including measures relating to
imports, for balance of payments purposes. A Party adopting such
measures shall present as soon as possible to the other Party a
timetable for their removal.
2. Where one or more Member States of the European Union or Croatia
is in serious balance of payments difficulties, or under imminent
threat thereof, the Community or Croatia, as the case may be, may,
in accordance with the conditions established under the WTO
Agreement, adopt restrictive measures, including measures relating
to imports, which shall be of limited duration and may not go beyond
what is strictly necessary to remedy the balance of payments
situation. The Community or Croatia, as the case may be, shall
inform the other Party forthwith.
3. Any restrictive measures shall not apply to transfers related to
investment and in particular to the repatriation of amounts invested
or reinvested or any kind of revenues stemming therefrom.
Article 35 (SAA Article 70)
Competition and other economic provisions
1. The following are incompatible with the proper functioning of the
Agreement, in so far as they may affect trade between the Community
and Croatia:
(i) all agreements between undertakings, decisions by associations
of undertakings and concerted practices between undertakings which
have as their object or effect the prevention, restriction or
distortion of competition;
(ii) abuse by one or more undertakings of a dominant position in the
territories of the Community or of Croatia as a whole or in a
substantial part thereof;
(iii) any state aid which distorts or threatens to distort
competition by favouring certain undertakings or certain products.
2. Any practices contrary to this Article shall be assessed on the
basis of criteria arising from the application of the competition
rules applicable in the Community, in particular from Articles 81,
82, 86 and 87 of the Treaty establishing the European Community and
interpretative instruments adopted by the Community institutions.
3. The Parties shall ensure that an operationally independent public
body is entrusted with the powers necessary for the full application
of paragraph 1(i) and (ii) of this Article, regarding private and
public undertakings and undertakings to which special rights have
been granted.
4. Croatia shall establish an operationally independent authority
which is entrusted with the powers necessary for the full
application of paragraph 1(iii) of this Article within one year from
the date of entry into force of this Agreement. This authority shall
have, inter alia, the powers to authorise state aid schemes and
individual aid grants in conformity with paragraph 2 of this
Article, as well as the powers to order the recovery of state aid
that has been unlawfully granted.
5. Each Party shall ensure transparency in the area of state aid,
inter alia by providing to the other Party a regular annual report,
or equivalent, following the methodology and the presentation of the
Community survey on state aid. Upon request by one Party, the other
Party shall provide information on particular individual cases of
public aid.
6. Croatia shall establish a comprehensive inventory of aid schemes
instituted before the establishment of the authority referred to in
paragraph 4 and shall align such aid schemes with the criteria
referred to in paragraph 2 of this Article within a period of no
more than four years from the entry into force of this Agreement.
7. (a) For the purposes of applying the provisions of paragraph
1(iii), the Parties recognise that during the first four years after
the entry into force of this Agreement, any public aid granted by
Croatia shall be assessed taking into account the fact that Croatia
shall be regarded as an area identical to those areas of the
Community described in Article 87(3)(a) of the Treaty establishing
the European Community.
(b) Within three years from the entry into force of this Agreement,
Croatia shall submit to the Commission of the European Communities
its GDP per capita figures harmonised at NUTS II level. The
authority referred to in paragraph 4 and the Commission of the
European Communities shall then jointly evaluate the eligibility of
the regions of Croatia as well as the maximum aid intensities in
relation thereto in order to draw up the regional aid map on the
basis of the relevant Community guidelines.
8. With regard to products referred to in Chapter II of Title II:
- paragraph 1(iii) shall not apply,
- any practices contrary to paragraph 1(i) shall be assessed
according to the criteria established by the Community on the basis
of Articles 36 and 37 of the Treaty establishing the European
Community and specific Community instruments adopted on this basis.
9. If one of the Parties considers that a particular practice is
incompatible with the terms of paragraph 1 of this Article, it may
take appropriate measures after consultation within the Interim
Committee or after 30 working days following referral for such
consultation.
Nothing in this Article shall prejudice or affect in any way the
taking, by either Party, of anti-dumping or countervailing measures
in accordance with the relevant Articles of GATT 1994 and WTO
Agreement on Subsidies and Countervailing Measures or related
internal legislation.
Article 36 (SAA Article 71)
Intellectual, industrial and commercial property
1. Pursuant to the provisions of this Article and Annex VI, the
Parties confirm the importance that they attach to ensure adequate
and effective protection and enforcement of intellectual, industrial
and commercial property rights.
2. Croatia shall take the necessary measures in order to guarantee
no later than three years after entry into force of this Agreement a
level of protection of intellectual, industrial and commercial
property rights similar to that existing in the Community, including
effective means of enforcing such rights.
3. The Interim Committee may decide to oblige Croatia to accede to
specific multilateral Conventions in this area.
4. If problems in the area of intellectual, industrial and
commercial property affecting trading conditions occur, they shall
be referred urgently to the Interim Committee, at the request of
either Party, with a view to reaching mutually satisfactory
solutions.
Article 37 (SAA Article 89)
Customs
Mutual assistance between administrative authorities in customs
matters of the Parties shall take place in accordance with the
provisions of Protocol 5.
TITLE IV
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 38
An Interim Committee is hereby established which shall supervise the
application and implementation of this Agreement. It shall hold
meetings at regular intervals and when circumstances require.
Article 39
1. The Interim Committee shall have the power to take decisions
within the scope of the Agreement, in the cases provided for
therein. The decisions taken shall be binding on the Parties which
shall take the measures necessary to implement them. The Interim
Committee may also formulate recommendations which it considers
desirable for the purpose of attaining the common objectives and the
smooth functioning of this Agreement. It shall draw up its decisions
and recommendations by agreement between the Parties.
1. The Interim Committee shall be composed of representatives of the
Community, on the one hand, and of representatives of Croatia, on
the other. The members of the Interim Committee may be represented
as laid down in its rules of procedure.
2. The chairmanship of the Interim Committee will alternate between
the Parties, in accordance with the conditions laid down in the
rules of procedures.
3. The Interim Committee shall act by mutual agreement by the
Parties.
Article 41
The Interim Committee may create subcommittees.
Article 42 (SAA Article 113)
Each Party shall refer to the Interim Committee any dispute relating
to the application or interpretation of this Agreement. The Interim
Committee may settle the dispute by means of a binding decision.
Article 43 (SAA Article 117)
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.
Article 44 (SAA Article 118)
Nothing in this Agreement shall prevent a Party 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.
Article 45 (SAA Article 119)
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
- the arrangements applied by Croatia in respect of the Community
shall not give rise to any discrimination between the Member States,
their nationals, companies or firms,
- the arrangements applied by the Community in respect of Croatia
shall not give rise to any discrimination between Croatian
nationals, companies or firms.
2. The provisions of paragraph 1 shall be 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 46 (SAA Article 120)
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 Interim Committee with all relevant information
required for a thorough examination of the situation with a view to
seeking a solution acceptable to the Parties.
3. In the selection of measures, priority must be given to those
which least disturb the functioning of this Agreement. These
measures shall be notified immediately to the Interim Committee and
shall be the subject of consultations within the Interim Committee
if the other Party so requests.
Article 47 (SAA Article 121)
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 18, 25, 26 and 30.
Article 48 (SAA Article 123)
Protocols 1, 2, 3, 4, 5 and 6 and Annexes I to VI shall form an
integral part of this Agreement.
Article 49 (SAA Article 124)
This Agreement shall be applicable until the entry into force of the
Stabilisation and Association Agreement signed at Luxembourg, on 29
October 2001.
Either Party may denounce this Agreement by notifying the other
Party. This Agreement shall terminate six months after the date of
such notification.
Article 50 (SAA Article 126)
This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community is applied and
under the conditions laid down in that Treaty, and to the territory
of Croatia, on the other.
Article 51 (SAA Article 127)
The Secretary General of the Council of the European Union shall be
the depository of the Agreement.
Article 52 (SAA Article 128)
This Agreement is drawn up in duplicate in each of the official
languages of the Parties, each of these texts being equally
authentic.
Article 53 (SAA Article 129)
2. This Agreement shall enter into force on the first day of the
second month following the date on which the Parties notify each
other that the procedures referred to in the first paragraph have
been completed. In the event of the procedures under paragraph 1 not
being completed in time to allow for its entry into force on 1
January 2002, this Agreement shall provisionally apply as from that
date.
Hecho en Luxemburgo, el veintinueve de octubre del dos mil uno.
Udfördiget i Luxembourg den niogtyvende oktober to tusind og en.
Geschehen zu Luxemburg am neunundzwanzigsten Oktober
zweitausendundeins.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł õżżąń ĻśĮųņęč˙į ōž˙
šłūłĄōõĖ ążń.
>ISO_1>Done at Luxembourg on the twenty-ninth day of October in the
year two thousand and one.
Fait š Luxembourg, le vingt-neuf octobre deux mille un.
Fatto a Lussemburgo, addü ventinove ottobre duemilauno.
Gedaan te Luxemburg, de negenentwintigste oktober tweeduizendeneen.
Feito em Luxemburgo, em vinte e nove de Outubro de dois mil e um.
Tehty Luxemburgissa kahdentenakymmenentenōyhdeksōntenō pōivōnō
lokakuuta vuonna kaksituhattayksi.
Som skedde i Luxemburg den tjugonionde oktober tjugohundraett.
Sastavljeno u Luksemburgu, dana dvadeset devetoga listopada godine
dvije tisuce prve.
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
>PIC FILE= "L_2001330EN.001301.TIF">
>PIC FILE= "L_2001330EN.001302.TIF">
Za Republiku Hrvatsku
>PIC FILE= "L_2001330EN.001303.TIF">
LIST OF ANNEXES
>TABLE POSITION>
ANNEX I
CROATIAN TARIFF CONCESSION FOR COMMUNITY INDUSTRIAL PRODUCTS
(referred to in Article 5(2))
Duty rates will be reduced as follows:
- on the date of entry into force of the Agreement, duty shall be
reduced to 60 % of the basic duty,
- on 1 January 2003, duty shall be reduced to 30 % of the basic
duty,
- on 1 January 2004, the remaining duties shall be abolished.
>TABLE POSITION>
ANNEX II
CROATIAN TARIFF CONCESSION FOR COMMUNITY INDUSTRIAL PRODUCTS
(referred to in Article 5(3))
Duty rates will be reduced as follows:
- on the date of entry into force of the Agreement, duty shall be
reduced to 70 % of the basic duty,
- on 1 January 2003, duty shall be reduced to 50 % of the basic
duty,
- on 1 January 2004, duty shall be reduced to 40 % of the basic
duty,
- on 1 January 2005, duty shall be reduced to 30 % of the basic
duty,
- on 1 January 2006, duty shall be reduced to 15 % of the basic
duty,
- on 1 January 2007, the remaining duties shall be abolished.
>TABLE POSITION>
ANNEX III
DEFINITION OF "BABY BEEF" PRODUCTS
(referred to in Article 4(2))
Notwithstanding the rules for the interpretation of the Combined
Nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
>TABLE POSITION>
ANNEX IV(a)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(duty-free for unlimited quantities at the date of entering into
force of the Agreement)
(referred to in Article 14(3)(a)(i))
>TABLE POSITION>
ANNEX IV(b)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(duty-free within quota at the entering into force of the Agreement)
(referred to in Article 14(3)(a)(ii))
>TABLE POSITION>
ANNEX IV(c)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(duty-free for unlimited quantities one year after entering into
force of the Agreement)
(referred to in Article 14(3)(b)(i))
>TABLE POSITION>
ANNEX IV(d)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(progressive elimination of MFN duties within tariff quotas)
(referred to in Article 14(3)(c)(i))
Customs duties for the commodities listed in this Annex shall be
reduced and eliminated in accordance with the following timetable:
- on the entry into force of the Agreement each duty shall be
reduced to 80 % of the basic duty,
- on 1 January 2003 each duty shall be reduced to 60 % of the basic
duty,
- on 1 January 2004 each duty shall be reduced to 40 % of the basic
duty,
- on 1 January 2005 each duty shall be reduced to 20 % of the basic
duty,
- on 1 January 2006 the remaining duties shall be abolished.
>TABLE POSITION>
ANNEX IV(e)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(progressive reduction of MFN duties for unlimited quantities)
(referred to in Article 14(3)(c)(ii))
Customs duties for the commodities listed in this Annex shall be
reduced in accordance with the following timetable:
- on the entry into force of the Agreement each duty shall be
reduced to 90 % of the basic duty,
- on 1 January 2003 each duty shall be reduced to 80 % of the basic
duty,
- on 1 January 2004 each duty shall be reduced to 70 % of the basic
duty,
- on 1 January 2005 each duty shall be reduced to 60 % of the basic
duty,
- on 1 January 2006 each duty shall be reduced to 50 % of the basic
duty.
>TABLE POSITION>
ANNEX IV(f)
CROATIAN TARIFF CONCESSION FOR AGRICULTURAL PRODUCTS
(progressive reduction of MFN duties within quota)
(referred to in Article 14(3)(c)(iii))
Customs duties for the commodities listed in this Annex shall be
reduced in accordance with the following timetable:
- on the entry into force of the Agreement each duty shall be
reduced to 90 % of the basic duty,
- on 1 January 2003 each duty shall be reduced to 80 % of the basic
duty,
- on 1 January 2004 each duty shall be reduced to 70 % of the basic
duty,
- on 1 January 2005 each duty shall be reduced to 60 % of the basic
duty,
- on 1 January 2006 each duty shall be reduced to 50 % of the basic
duty.
>TABLE POSITION>
ANNEX V(a)
PRODUCTS REFERRED TO IN ARTICLE 15(1)
>TABLE POSITION>
>TABLE POSITION>
Over the quota volume, the full MFN rate of duty is applicable.
>TABLE POSITION>
ANNEX V(b)
PRODUCTS REFERRED TO IN ARTICLE 15(2)
>TABLE POSITION>
>TABLE POSITION>
Over the quota volume, the full MFN rate of duty is applicable.
>TABLE POSITION>
ANNEX VI
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS
(referred to in Article 36)
1. The Parties confirm the importance they attach to the obligations
arising from the following Multilateral Conventions:
- International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations (Rome, 1961),
- Paris Convention for the Protection of Industrial Property
(Stockholm Act, 1967 and amended in 1979),
- Madrid Agreement concerning the International Registration of
Marks (Stockholm Act, 1967 and amended in 1979),
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and
modified in 1984),
- Convention for the Protection of Producers of Phonograms against
Unauthorised Duplications of their Phonograms (Geneva 1971),
- Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971),
- Nice Agreement concerning the International Classification of
Goods and Services for the purposes of the Registration of Marks
(Geneva, 1977 and amended in 1979),
- WIPO Copyright Treaty (Geneva, 1996),
- WIPO Performances and Phonograms Treaty (Geneva, 1996).
2. From the entry into force of this Agreement, the Parties shall
grant, in accordance with the TRIPS Agreement, to each others
companies and nationals, in respect of the recognition and
protection of intellectual, industrial and commercial property,
treatment no less favourable than that granted by them to any third
country under bilateral agreements.
LIST OF PROTOCOLS
>TABLE POSITION>
PROTOCOL 1
On textile and clothing products
Article 1
This Protocol applies to the textile and clothing products
(hereinafter "textile products") listed in Section XI (Chapter 50 to
1. Textile products falling within Section XI (Chapter 50 to 63) of
the Combined Nomenclature and originating in Croatia as defined in
Protocol 4 of this Agreement will enter into the Community free of
customs duties on the date of entry into force of this Agreement.
2. The duties applied to direct imports into Croatia of textile
products falling within Section XI (Chapters 50 to 63) of the
Combined nomenclature and originating in the Community as defined in
Protocol 4 of the Agreement shall be abolished on the date of entry
into force of Agreement except for products listed in Annexes I and
II to this Protocol for which the rates of duties shall be
progressively reduced as provided therein.
3. Subject to this Protocol, the provisions of the Agreement and in
particular Articles 6 and 7 of the Agreement shall apply to trade in
textile products between the parties.
Article 3
The double-checking arrangements and other related issues regarding
exports of textile products originating in Croatia to the Community
and originating in the Community to Croatia are stipulated in the
Agreement between the European Community and the Republic of Croatia
on trade in textile products initialled on 8 November 2000 and
provisionally applied since 1 January 2001.
Article 4
From the entry into force of this Agreement, no new quantitative
restrictions or measures of equivalent effect shall be imposed
except as provided for under the above Agreement and its Protocols.
ANNEX I
Duty rates will be reduced as follows:
- On the entry into force of the Agreement, duty shall be reduced to
60 % of the basic duty,
- On 1 January 2003, duty shall be reduced to 30 % of the basic
duty,
- On 1 January 2004 the remaining duties shall be abolished.
>TABLE POSITION>
ANNEX II
Duty rates will be reduced as follows:
- on the date of entry into force of the Agreement, duty shall be
reduced to 65 % of the basic duty,
- on 1 January 2003, duty shall be reduced to 50 % of the basic
duty,
- on 1 January 2004, duty shall be reduced to 35 % of the basic
duty,
- on 1 January 2005, duty shall be reduced to 20 % of the basic
duty,
- on 1 January 2006, the remaining duties shall be abolished.
>TABLE POSITION>
PROTOCOL 2
on steel products
Article 1
This Protocol shall apply to the products listed in Chapter 72 of
the Common Customs Tariff. It shall also apply to other finished
steel products that may originate in future in Croatia under the
above chapter.
Article 2
Customs duties on imports applicable in the Community on steel
products originating in Croatia shall be abolished on the date of
entry into force of the Agreement.
Article 3
1. Customs duties applicable in Croatia on imports of steel products
originating in the Community other than those listed in Annex I
shall be abolished at the entry into force of the Agreement.
2. Customs duties applicable in Croatia on imports of steel products
listed in Annex I shall be progressively abolished in accordance
with the following timetable:
- on the date of entry into force of the Agreement, duty shall be
reduced to 65 % of the basic duty,
- on 1 January 2003, duty shall be reduced to 50 % of the basic
duty,
- on 1 January 2004, duty shall be reduced to 35 % of the basic
duty,
- on 1 January 2005, duty shall be reduced to 20 % of the basic
duty,
- on 1 January 2006, the remaining duties shall be abolished.
Article 4
1. Quantitative restrictions on imports into the Community of steel
products originating in Croatia as well as measures having
equivalent effect shall be abolished on the date of entry into force
of the Agreement.
2. Quantitative restrictions on imports into Croatia of steel
products originating in the Community, as well as measures having
equivalent effect, shall be abolished on the date of entry into
force of the Agreement.
Article 5
1. In view of the disciplines stipulated by Article 35 of the
Agreement, the Parties recognise the need and urgency that each
Party addresses promptly any structural weaknesses of its steel
sector to ensure the global competitiveness of its industry. Croatia
shall therefore establish within two years the necessary
restructuring and conversion programme for its steel industry to
achieve viability of this sector under normal market conditions.
Upon request, the Community shall provide Croatia with the
appropriate technical advice to achieve this objective.
2. Further to the disciplines stipulated by Article 35 of the
Agreement, any practices contrary to this Article shall be assessed
on the basis of specific criteria arising from the application of
the state aid disciplines of the Community, including secondary
legislation, and including any specific rules on state aid control
applicable to the steel sector after the expiry of the ECSC Treaty.
3. For the purposes of applying the provisions of paragraph 1(iii)
of Article 35 of the Agreement with regard to steel products, the
Community recognises that during five years after the entry into
force of the Agreement Croatia may exceptionally grant state aid for
restructuring purposes provided that:
- it leads to the viability of the benefiting firms under normal
market conditions at the end of the restructuring period, and
- the amount and intensity of such aid are strictly limited to what
is absolutely necessary in order to restore such viability and are
progressively reduced, and
- the restructuring programme is linked to a global rationalisation
and reduction of capacity in Croatia.
4. Each Party shall ensure full transparency with respect to the
implementation of the necessary restructuring and conversion
programme by a full and continuous exchange of information to the
other Party, including details on the restructuring plan as well as
amount, intensity and purpose for any state aid granted on the basis
of paragraphs 2 and 3 of this article.
5. The Interim Committee shall monitor the implementation of the
requirements set out in paragraphs 1 to 4 above.
6. If one of the Parties considers that a particular practice of the
other Party is incompatible with the terms of this article, and if
that practice causes or threatens to cause prejudice to the
interests of the first Party or material injury to its domestic
industry, this Party may take appropriate measures after
consultation within the contact group referred to in Article 7 or
after 30 working days following referral for such consultation.
Article 6
The provisions of Articles 6, 7 and 8 of the Agreement shall apply
to trade between the Parties in steel products.
Article 7
The Parties agree that for the purpose of following and reviewing
the proper implementation of this Protocol, a contact group shall be
created in accordance with Article 41 of the Agreement.
ANNEX I
>TABLE POSITION>
PROTOCOL 3
on trade between the Community and Croatia in processed agricultural
products
Article 1
1. The Community and Croatia apply to processed agricultural
products the duties listed in Annex I and Annex II respectively in
accordance with the conditions mentioned therein, whether limited by
quota or not.
2. The Interim Committee shall decide on:
- extensions of the list of processed agricultural products under
this Protocol,
- amendments to the duties referred to in Annexes I and II,
- increases in or the abolition of tariff quotas.
3. The Interim Committee may replace the duties established by this
Protocol by a regime established on the basis of the respective
market prices of the Community and Croatia of agricultural products
actually used in the manufacture of processed agricultural products
subject to this Protocol.
Article 2
The duties applied pursuant to Article 1 may be reduced by decision
of the Interim Committee:
- when in trade between the Community and Croatia the duties applied
to the basic products are reduced, or
- in response to reductions resulting from mutual concessions
relating to processed agricultural products.
Article 3
The Community and Croatia shall inform each other of the
administrative arrangements adopted for the products covered by this
Protocol. These arrangements should ensure equal treatment for all
interested parties and should be as simple and flexible as possible.
ANNEX I
Duties applicable upon imports into the Community of goods
originating in Croatia
Duties are set to zero for imports into the Community of processed
agricultural products originating in Croatia as listed hereafter.
>TABLE POSITION>
ANNEX II
List 1
Goods originating in the Community for which Croatia will eliminate
duties (immediately or gradually)
>TABLE POSITION>
List 2
Quotas and duties applicable upon import into Croatia of goods
originating in the Community
>TABLE POSITION>
Note:
The products listed in this table shall benefit from a zero-duty
tariff within the tariff quotas set out below. The volume of these
quotas will be increased annually in the years 2003, 2004, 2005 and
2006 by 10 % of the volume for 2002. The applicable duty for
quantities exceeding these volumes will be reduced in the years
2002, 2003, 2004, 2005 and 2006 to 90 %, 80 %, 70 %, 60 % and 50 %
of the MFN duty rate.
List 3
Quotas and duties applicable upon import into Croatia of goods
originating in the Community
>TABLE POSITION>
Note:
The products listed in this Table shall be subject to concessions
set out below. The volume of the tariff quotas will be increased
annually in the years 2003, 2004, 2005 and 2006 by 10 % of the
volume for 2002. The applicable duty for quantities exceeding these
volumes will be reduced in the years 2002, 2003, 2004, 2005 and 2006
to 90 %, 80 %, 65 %, 55 % and 40 % of the MFN duty rate.
PROTOCOL 4
concerning the definition of the concept of originating products and
methods of administrative cooperation
TABLE OF CONTENTS
>TABLE POSITION>
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
(a) "manufacture" means any kind of working or processing including
assembly or specific operations;
(b) "material" means any ingredient, raw material, component or
part, etc., used in the manufacture of the product;
(c) "product" means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) "goods" means both materials and products;
(e) "customs value" means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of the General
Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) "ex-works price" means the price paid for the product ex works
to the manufacturer in the Community or in Croatia in whose
undertaking the last working or processing is carried out, provided
the price includes the value of all the materials used, minus any
internal taxes which are, or may be, repaid when the product
obtained is exported;
(g) "value of materials" means the customs value at the time of
importation of the non-originating materials used, or, if this is
not known and cannot be ascertained, the first ascertainable price
paid for the materials in the Community or in Croatia;
(h) "value of originating materials" means the value of such
materials as defined in subparagraph (g) applied mutatis mutandis;
(i) "added value" shall be taken to be the ex-works price minus the
customs value of each of the materials incorporated which originate
in the other Contracting Party or, where the customs value is not
known or cannot be ascertained, the first ascertainable price for
the materials in the Community or Croatia;
(j) "chapters" and "headings" mean the chapters and the headings
(four-digit codes) used in the nomenclature which makes up the
Harmonised Commodity Description and Coding System, referred to in
this Protocol as "the Harmonised System" or "HS";
(k) "classified" refers to the classification of a product or
material under a particular heading;
(l) "consignment" means products which are either sent
simultaneously from one exporter to one consignee or covered by a
single transport document covering their shipment from the exporter
to the consignee or, in the absence of such a document, by a single
invoice;
(m) "territories" includes territorial waters.
TITLE II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
Article 2
General requirements
1. For the purpose of implementing this Agreement, the following
products shall be considered as originating in the Community:
(a) products wholly obtained in the Community within the meaning of
Article 5 of this Protocol;
(b) products obtained in the Community incorporating materials which
have not been wholly obtained there, provided that such materials
have undergone sufficient working or processing in the Community
within the meaning of Article 6 of this Protocol.
2. For the purpose of implementing this Agreement, the following
products shall be considered as originating in Croatia:
(a) products wholly obtained in Croatia within the meaning of
Article 5 of this Protocol;
(b) products obtained in Croatia incorporating materials which have
not been wholly obtained there, provided that such materials have
undergone sufficient working or processing in Croatia within the
meaning of Article 6 of this Protocol.
Article 3
Bilateral cumulation in the Community
Materials originating in Croatia shall be considered as materials
originating in the Community when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing, provided they have
undergone working or processing going beyond the operations referred
to in Article 7(1).
Article 4
Bilateral cumulation in Croatia
Materials originating in the Community shall be considered as
materials originating in Croatia when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing, provided they have
undergone working or processing going beyond the operations referred
to in Article 7(1).
Article 5
Wholly obtained products
1. The following shall be considered as wholly obtained in the
Community or in Croatia:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea
outside the territorial waters of the Community or Croatia by their
vessels;
(g) products made aboard their factory ships exclusively from
products referred to in subparagraph (f);
(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use
as waste;
(i) waste and scrap resulting from manufacturing operations
conducted there;
(j) products extracted from marine soil or subsoil outside their
territorial waters provided that they have sole rights to work that
soil or subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms "their vessels" and "their factory ships" in paragraph
1(f) and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in a Member State or in
Croatia;
(b) which sail under the flag of a Member State or of Croatia;
(c) which are owned to an extent of at least 50 % by nationals of
Member States or of Croatia, or by a company with its head office in
one of these States, of which the manager or managers, Chairman of
the Board of Directors or the Supervisory Board, and the majority of
the members of such boards are nationals of Member States or of
Croatia and of which, in addition, in the case of partnerships or
limited companies, at least half the capital belongs to those States
or to public bodies or nationals of the said States;
(d) of which the master and officers are nationals of Member States
or Croatia; and
(e) of which at least 75 % of the crew are nationals of Member
States or Croatia.
Article 6
Sufficiently worked or processed products
1. For the purposes of Article 2, products which are not wholly
obtained are considered to be sufficiently worked or processed when
the conditions set out in the list in Annex II are fulfilled.
The conditions referred to above indicate, for all products covered
by this Agreement, the working or processing which must be carried
out on non-originating materials used in manufacturing and apply
only in relation to such materials. Accordingly, it follows that if
a product, which has acquired originating status by fulfilling the
conditions set out in the list, is used in the manufacture of
another product, the conditions applicable to the product in which
it is incorporated do not apply to it, and no account shall be taken
of the non-originating materials which may have been used in its
manufacture.
2. Notwithstanding paragraph 1, non-originating materials which,
according to the conditions set out in the list, should not be used
in the manufacture of a product may nevertheless be used, provided
that:
(a) their total value does not exceed 10 % of the ex-works price of
the product;
(b) any of the percentages given in the list for the maximum value
of non-originating materials are not exceeded through the
application of this paragraph.
This paragraph shall not apply to products falling within Chapters
50 to 63 of the Harmonised System.
3. Paragraphs 1 and 2 shall apply except as provided in Article 7.
Article 7
Insufficient working or processing operations
1. Without prejudice to paragraph 2, the following operations shall
be considered as insufficient working or processing to confer the
status of originating products, whether or not the requirements of
Article 6 are satisfied:
(a) preserving operations to ensure that the products remain in good
condition during transport and storage;
(b) breaking-up and assembly of packages;
(c) washing, cleaning; removal of dust, oxide, oil, paint or other
coverings;
(d) ironing or pressing of textiles;
(e) simple painting and polishing operations;
(f) husking, partial or total bleaching, polishing, and glazing of
cereals and rice;
(g) operations to colour sugar or form sugar lumps;
(h) peeling, stoning and shelling of fruits, nuts and vegetables;
(i) sharpening, simple grinding or simple cutting;
(j) sifting, screening, sorting, classifying, grading, matching
(including the making-up of sets of articles);
(k) simple placing in bottles, cans, flasks, bags, cases, boxes,
fixing on cards or boards and all other simple packaging operations;
(l) affixing or printing marks, labels, logos and other like
distinguishing signs on products or their packaging;
(m) simple mixing of products, whether or not of different kinds;
(n) simple assembly of parts of articles to constitute a complete
article or disassembly of products into parts;
(o) a combination of two or more operations specified in
subparagraphs (a) to (n);
(p) slaughter of animals.
2. All operations carried out either in the Community or in Croatia
on a given product shall be considered together when determining
whether the working or processing undergone by that product is to be
regarded as insufficient within the meaning of paragraph 1.
Article 8
Unit of qualification
1. The unit of qualification for the application of the provisions
of this Protocol shall be the particular product which is considered
as the basic unit when determining classification using the
nomenclature of the Harmonised System.
Accordingly, it follows that:
(a) when a product composed of a group or assembly of articles is
classified under the terms of the Harmonised System in a single
heading, the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products
classified under the same heading of the Harmonised System, each
product must be taken individually when applying the provisions of
this Protocol.
2. Where, under General Rule 5 of the Harmonised System, packaging
is included with the product for classification purposes, it shall
be included for the purposes of determining origin.
Article 9
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of
equipment, machine, apparatus or vehicle, which are part of the
normal equipment and included in the price thereof or which are not
separately invoiced, shall be regarded as one with the piece of
equipment, machine, apparatus or vehicle in question.
Article 10
Sets
Sets, as defined in General Rule 3 of the Harmonised System, shall
be regarded as originating when all component products are
originating. Nevertheless, when a set is composed of originating and
non-originating products, the set as a whole shall be regarded as
originating, provided that the value of the non-originating products
does not exceed 15 % of the ex-works price of the set.
Article 11
Neutral elements
In order to determine whether a product originates, it shall not be
necessary to determine the origin of the following which might be
used in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter
into the final composition of the product.
TITLE III
TERRITORIAL REQUIREMENTS
Article 12
Principle of territoriality
1. The conditions for acquiring originating status set out in Title
II must continue to be fulfilled at all times in the Community or in
Croatia.
2. If originating goods exported from the Community or from Croatia
to another country are returned, they must be considered as
non-originating, unless it can be demonstrated to the satisfaction
of the customs authorities that:
(a) the returning goods are the same as those that were exported,
and
(b) they have not undergone any operation beyond that necessary to
preserve them in good condition while in that country or while being
exported.
3. The acquisition of originating status in accordance with the
conditions set out in Title II shall not be affected by working or
processing done outside the Community or Croatia on materials
exported from the Community or Croatia and subsequently reimported
there, provided:
(a) the said materials are wholly obtained in the Community or
Croatia or have undergone working or processing beyond the
insufficient operations listed in Article 7 prior to being exported;
and
(b) it can be demonstrated to the satisfaction of the customs
authorities that:
(i) the reimported goods have been obtained by working or processing
the exported materials; and
(ii) the total added value acquired outside the Community or Croatia
by applying the provisions of this Article does not exceed 10 % of
the ex-works price of the end product for which originating status
is claimed.
4. For the purposes of paragraph 3, the conditions for acquiring
originating status set out in Title II shall not apply to working or
processing done outside the Community or Croatia. But where, in the
list in Annex II, a rule setting a maximum value for all the
non-originating materials incorporated is applied in determining the
originating status of the end product, the total value of the
non-originating materials incorporated in the territory of the party
concerned, taken together with the total added value acquired
outside the Community or Croatia by applying the provisions of this
Article, shall not exceed the stated percentage.
5. For the purposes of applying the provisions of paragraphs 3 and
4, "total added value" shall be taken to mean all costs arising
outside the Community or Croatia, including the value of the
materials incorporated there.
6. The provisions of paragraphs 3 and 4 shall not apply to products
which do not fulfil the conditions set out in the list in Annex II
and which can be considered sufficiently worked or processed only if
the general values fixed in Article 6(2) are applied.
7. The provisions of paragraphs 3 and 4 shall not apply to products
coming under Chapters 50 to 63 of the Harmonised System.
8. Any working or processing of the kind covered by the provisions
of this Article and done outside the Community or Croatia shall be
done under the outward processing arrangements, or similar
arrangements.
Article 13
Direct transport
1. The preferential treatment provided for under the Agreement
applies only to products, satisfying the requirements of this
Protocol, which are transported directly between the Community and
Croatia. However, products constituting one single consignment may
be transported through other territories with, should the occasion
arise, trans-shipment or temporary warehousing in such territories,
provided that they remain under the surveillance of the customs
authorities in the country of transit or warehousing and do not
undergo operations other than unloading, reloading or any operation
designed to preserve them in good condition.
Originating products may be transported by pipeline across territory
other than that of the Community or Croatia.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the
importing country by the production of:
(a) a single transport document covering the passage from the
exporting country through the country of transit; or
(b) a certificate issued by the customs authorities of the country
of transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products
and, where applicable, the names of the ships, or the other means of
transport used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 14
Exhibitions
1. Originating products, sent for exhibition in a country other than
the Community or Croatia shall benefit on importation from the
provisions of the Agreement provided it is shown to the satisfaction
of the customs authorities that:
(a) an exporter has consigned these products from the Community or
Croatia to the country in which the exhibition is held and has
exhibited them there;
(b) the products have been sold or otherwise disposed of by that
exporter to a person in the Community or Croatia;
(c) the products have been consigned during the exhibition or
immediately thereafter in the state in which they were sent for
exhibition; and
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the
exhibition.
2. A proof of origin must be issued or made out in accordance with
the provisions of Title V and submitted to the customs authorities
of the importing country in the normal manner. The name and address
of the exhibition must be indicated thereon. Where necessary,
additional documentary evidence of the conditions under which they
have been exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or
crafts exhibition, fair or similar public show or display which is
not organised for private purposes in shops or business premises
with a view to the sale of foreign products, and during which the
products remain under customs control.
TITLE IV
DRAWBACK OR EXEMPTION
Article 15
Prohibition of drawback of, or exemption from, customs duties
1. Non-originating materials used in the manufacture of products
originating in the Community or in Croatia, for which a proof of
origin is issued or made out in accordance with the provisions of
Title V shall not be subject in the Community or in Croatia to
drawback of, or exemption from, customs duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for
refund, remission or non-payment, partial or complete, of customs
duties or charges having an equivalent effect, applicable in the
Community or in Croatia to materials used in the manufacture, where
such refund, remission or non-payment applies, expressly or in
effect, when products obtained from the said materials are exported
and not when they are retained for home use there.
3. The exporter of products covered by a proof of origin shall be
prepared to submit at any time, upon request from the customs
authorities, all appropriate documents proving that no drawback has
been obtained in respect of the non-originating materials used in
the manufacture of the products concerned and that all customs
duties or charges having equivalent effect applicable to such
materials have actually been paid.
4. The provisions of paragraphs 1 to 3 shall also apply in respect
of packaging within the meaning of Article 8(2), accessories, spare
parts and tools within the meaning of Article 9 and products in a
set within the meaning of Article 10 when such items are
non-originating.
5. The provisions of paragraphs 1 to 4 shall apply only in respect
of materials which are of the kind to which the Agreement applies.
Furthermore, they shall not preclude the application of an export
refund system for agricultural products, applicable upon export in
accordance with the provisions of the Agreement.
6. Notwithstanding paragraph 1, Croatia may apply arrangements for
drawback of, or exemption from, customs duties or charges having an
equivalent effect, applicable to materials used in the manufacture
of originating products, subject to the following provisions:
(a) a 5 % rate of customs charge shall be retained in respect of
products falling within Chapters 25 to 49 and 64 to 97 of the
Harmonised System, or such lower rate as is in force in Croatia;
(b) a 10 % rate of customs charge shall be retained in respect of
products falling within Chapters 50 to 63 of the Harmonised System,
or such lower rate as is in force in Croatia.
7. The provisions of this Article shall apply from 1 January 2003.
The provisions of paragraph 6 shall apply until 31 December 2005 and
may be reviewed by common accord.
TITLE V
PROOF OF ORIGIN
Article 16
General requirements
1. Products originating in the Community shall, on importation into
Croatia and products originating in Croatia shall, on importation
into the Community, benefit from this Agreement upon submission of
either:
(a) a movement certificate EUR.1, a specimen of which appears in
Annex III, or
(b) in the cases specified in Article 21 (1), a declaration, the
text of which appears in Annex IV, given by the exporter on an
invoice, a delivery note or any other commercial document which
describes the products concerned in sufficient detail to enable them
to be identified (hereinafter referred to as the "invoice
declaration").
2. Notwithstanding paragraph 1, originating products within the
meaning of this Protocol shall, in the cases specified in Article
26, benefit from this Agreement without it being necessary to submit
any of the documents referred to above.
Article 17
Procedure for the issue of a movement certificate EUR.1
1. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting country on application having been made
in writing by the exporter or, under the exporter's responsibility,
by his authorised representative.
2. For this purpose, the exporter or his authorised representative
shall fill out both the movement certificate EUR.1 and the
application form, specimens of which appear in Annex III. These
forms shall be completed in one of the languages in which this
Agreement is drawn up and in accordance with the provisions of the
domestic law of the exporting country. If they are handwritten, they
shall be completed in ink in printed characters. The description of
the products must be given in the box reserved for this purpose
without leaving any blank lines. Where the box is not completely
filled, a horizontal line must be drawn below the last line of the
description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate
EUR.1 shall be prepared to submit at any time, at the request of the
customs authorities of the exporting country where the movement
certificate EUR.1 is issued, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. A movement certificate EUR.1 shall be issued by the customs
authorities of a Member State or Croatia if the products concerned
can be considered as products originating in the Community or in
Croatia and fulfil the other requirements of this Protocol.
5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfilment of
the other requirements of this Protocol. For this purpose, they
shall have the right to call for any evidence and to carry out any
inspection of the exporter's accounts or any other check considered
appropriate. The issuing customs authorities shall also ensure that
the forms referred to in paragraph 2 are duly completed. In
particular, they shall check whether the space reserved for the
description of the products has been completed in such a manner as
to exclude all possibility of fraudulent additions.
6. The date of issue of the movement certificate EUR.1 shall be
indicated in box 11 of the certificate.
7. A movement certificate EUR.1 shall be issued by the customs
authorities and made available to the exporter as soon as actual
exportation has been effected or ensured.
Article 18
Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 17(7), a movement certificate EUR.1 may
exceptionally be issued after exportation of the products to which
it relates if:
(a) it was not issued at the time of exportation because of errors
or involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs
authorities that a movement certificate EUR.1 was issued but was not
accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate
in his application the place and date of exportation of the products
to which the movement certificate EUR.1 relates, and state the
reasons for his request.
3. The customs authorities may issue a movement certificate EUR.1
retrospectively only after verifying that the information supplied
in the exporter's application agrees with that in the corresponding
file.
4. Movement certificates EUR.1 issued retrospectively must be
endorsed with one of the following phrases:
"EXPEDIDO A POSTERIORI", "UDSTEDT EFTERFŲLGENDE", "NACHTRÄGLICH
AUSGESTELLT", ">ISO_7>ÅŹÄĻČÅĶ ÅŹ ŌŁĶ ÕÓŌÅŃŁĶ", ">ISO_1>ISSUED
RETROSPECTIVELY", "DÉLIVRÉ A POSTERIORI", "RILASCIATO A POSTERIORI",
"AFGEGEVEN A POSTERIORI", "EMITIDO A POSTERIORI", "ANNETTU
JÄLKIKÄTEEN", "UTFÄRDAT I EFTERHAND", "NAKNADNO IZDANO".
5. The endorsement referred to in paragraph 4 shall be inserted in
the "Remarks" box of the movement certificate EUR.1.
Article 19
Issue of a duplicate movement certificate EUR.1
1. In the event of theft, loss or destruction of a movement
certificate EUR.1, the exporter may apply to the customs authorities
which issued it for a duplicate made out on the basis of the export
documents in their possession.
2. The duplicate issued in this way must be endorsed with one of the
following words:
"DUPLICADO", "DUPLIKAT", ">ISO_7>ĮĶŌÉĆŃĮÖĻ", ">ISO_1>DUPLICATE",
"DUPLICATA", "DUPLICATO", "DUPLICAAT", "SEGUNDA VIA",
"KAKSOISKAPPALE".
3. The endorsement referred to in paragraph 2 shall be inserted in
the "Remarks" box of the duplicate movement certificate EUR.1.
4. The duplicate, which must bear the date of issue of the original
movement certificate EUR.1, shall take effect as from that date.
Article 20
Issue of movement certificates EUR.1 on the basis of a proof of
origin issued or made out previously
When originating products are placed under the control of a customs
office in the Community or in Croatia, it shall be possible to
replace the original proof of origin by one or more movement
certificates EUR.1 for the purpose of sending all or some of these
products elsewhere within the Community or in Croatia. The
replacement movement certificate(s) EUR.1 shall be issued by the
customs office under whose control the products are placed.
Article 21
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 16 (1) (b) may
be made out:
(a) by an approved exporter within the meaning of Article 22; or
(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does not
exceed EUR 6000.
2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the Community or in
Croatia and fulfil the other requirements of this Protocol.
3. The exporter making out an invoice declaration shall be prepared
to submit at any time, at the request of the customs authorities of
the exporting country, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. An invoice declaration shall be made out by the exporter by
typing, stamping or printing on the invoice, the delivery note or
another commercial document, the declaration, the text of which
appears in Annex IV, using one of the linguistic versions set out in
that Annex and in accordance with the provisions of the domestic law
of the exporting country. If the declaration is handwritten, it
shall be written in ink in printed characters.
5. Invoice declarations shall bear the original signature of the
exporter in manuscript. However, an approved exporter within the
meaning of Article 22 shall not be required to sign such
declarations provided that he gives the customs authorities of the
exporting country a written undertaking that he accepts full
responsibility for any invoice declaration which identifies him as
if it had been signed in manuscript by him.
6. An invoice declaration may be made out by the exporter when the
products to which it relates are exported, or after exportation on
condition that it is presented in the importing country no longer
than two years after the importation of the products to which it
relates.
Article 22
Approved exporter
1. The customs authorities of the exporting country may authorise
any exporter (hereinafter referred to as "approved exporter") who
makes frequent shipments of products under this Agreement to make
out invoice declarations irrespective of the value of the products
concerned. An exporter seeking such authorisation must offer to the
satisfaction of the customs authorities all guarantees necessary to
verify the originating status of the products as well as the
fulfilment of the other requirements of this Protocol.
2. The customs authorities may grant the status of approved exporter
subject to any conditions which they consider appropriate.
3. The customs authorities shall grant to the approved exporter a
customs authorisation number which shall appear on the invoice
declaration.
5. The customs authorities may withdraw the authorisation at any
time. They shall do so where the approved exporter no longer offers
the guarantees referred to in paragraph 1, does not fulfil the
conditions referred to in paragraph 2 or otherwise makes an
incorrect use of the authorisation.
Article 23
Validity of proof of origin
1. A proof of origin shall be valid for four months from the date of
issue in the exporting country, and must be submitted within the
said period to the customs authorities of the importing country.
2. Proofs of origin which are submitted to the customs authorities
of the importing country after the final date for presentation
specified in paragraph 1 may be accepted for the purpose of applying
preferential treatment, where the failure to submit these documents
by the final date set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities
of the importing country may accept the proofs of origin where the
products have been submitted before the said final date.
Article 24
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of
the importing country in accordance with the procedures applicable
in that country. The said authorities may require a translation of a
proof of origin and may also require the import declaration to be
accompanied by a statement from the importer to the effect that the
products meet the conditions required for the implementation of the
Agreement.
Article 25
Importation by instalments
Where, at the request of the importer and on the conditions laid
down by the customs authorities of the importing country, dismantled
or non-assembled products within the meaning of General Rule 2(a) of
the Harmonised System falling within Sections XVI and XVII or
heading Nos 7308 and 9406 of the Harmonised System are imported by
instalments, a single proof of origin for such products shall be
submitted to the customs authorities upon importation of the first
instalment.
Article 26
Exemptions from proof of origin
1. Products sent as small packages from private persons to private
persons or forming part of travellers' personal luggage shall be
admitted as originating products without requiring the submission of
a proof of origin, provided that such products are not imported by
way of trade and have been declared as meeting the requirements of
this Protocol and where there is no doubt as to the veracity of such
a declaration. In the case of products sent by post, this
declaration can be made on the customs declaration CN22/CN23 or on a
sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for
the personal use of the recipients or travellers or their families
shall not be considered as imports by way of trade if it is evident
from the nature and quantity of the products that no commercial
purpose is in view.
3. Furthermore, the total value of these products shall not exceed
EUR 500 in the case of small packages or EUR 1200 in the case of
products forming part of travellers' personal luggage.
Article 27
Supporting documents
The documents referred to in Articles 17(3) and 21(3) used for the
purpose of proving that products covered by a movement certificate
EUR.1 or an invoice declaration can be considered as products
originating in the Community or in Croatia and fulfil the other
requirements of this Protocol may consist inter alia of the
following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used,
issued or made out in the Community or in Croatia where these
documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the
Community or in Croatia, issued or made out in the Community or in
Croatia, where these documents are used in accordance with domestic
law;
(d) movement certificates EUR.1 or invoice declarations proving the
originating status of materials used, issued or made out in the
Community or in Croatia in accordance with this Protocol.
Article 28
Preservation of proof of origin and supporting documents
1. The exporter applying for the issue of a movement certificate
EUR.1 shall keep for at least three years the documents referred to
in Article 17(3).
2. The exporter making out an invoice declaration shall keep for at
least three years a copy of this invoice declaration as well as the
documents referred to in Article 21(3).
3. The customs authorities of the exporting country issuing a
movement certificate EUR.1 shall keep for at least three years the
application form referred to in Article 17(2).
4. The customs authorities of the importing country shall keep for
at least three years the movement certificates EUR.1 and the invoice
declarations submitted to them.
Article 29
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made
in the proof of origin and those made in the documents submitted to
the customs office for the purpose of carrying out the formalities
for importing the products shall not ipso facto render the proof of
origin null and void if it is duly established that this document
does correspond to the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin
should not cause this document to be rejected if these errors are
not such as to create doubts concerning the correctness of the
statements made in this document.
Article 30
Amounts expressed in euro
1. For the application of the provisions of Article 21(1)(b) and
Article 26(3) in cases where products are invoiced in a currency
other than euro, amounts in the national currencies of the Member
States or Croatia equivalent to the amounts expressed in euro shall
be fixed annually by each of the countries concerned.
2. A consignment shall benefit from the provisions of Article
21(1)(b) or Article 26(3) by reference to the currency in which the
invoice is drawn up, according to the amount fixed by the Community
or Croatia.
3. The amounts to be used in any given national currency shall be
the equivalent in that currency of the amounts expressed in euro as
at the first working day of October. The amounts shall be
communicated to the Commission of the European Communities by 15
October and shall apply from 1 January the following year. The
Commission of the European Communities shall notify Croatia of the
relevant amounts.
4. Croatia may round up or down the amount resulting from the
conversion into its national currency of an amount expressed in
euro. The rounded-off amount may not differ from the amount
resulting from the conversion by more than 5 %. Croatia may retain
unchanged its national currency equivalent of an amount expressed in
euro if, at the time of the annual adjustment provided for in
paragraph 3, the conversion of that amount, prior to any
rounding-off, results in an increase of less that 15 % in the
national currency equivalent. The national currency equivalent may
be retained unchanged if the conversion would result in a decrease
in that equivalent value.
5. The amounts expressed in euro shall be reviewed by the Interim
Committee at the request of the Community or Croatia. When carrying
out this review, the Interim Committee shall consider the
desirability of preserving the effects of the limits concerned in
real terms. For this purpose, it may decide to modify the amounts
expressed in euro.
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Mutual assistance
1. The customs authorities of the Member States and of Croatia shall
provide each other, through the Commission of the European
Communities, with specimen impressions of stamps used in their
customs offices for the issue of movement certificates EUR.1 and
with the addresses of the customs authorities responsible for
verifying those certificates and invoice declarations.
2. In order to ensure the proper application of this Protocol, the
Community and Croatia shall assist each other, through the competent
customs administrations, in checking the authenticity of the
movement certificates EUR.1 or the invoice declarations and the
correctness of the information given in these documents.
Article 32
Verification of proofs of origin
1. Subsequent verifications of proofs of origin shall be carried out
at random or whenever the customs authorities of the importing
country have reasonable doubts as to the authenticity of such
documents, the originating status of the products concerned or the
fulfilment of the other requirements of this Protocol.
2. For the purposes of implementing the provisions of paragraph 1,
the customs authorities of the importing country shall return the
movement certificate EUR.1 and the invoice, if it has been
submitted, the invoice declaration, or a copy of these documents, to
the customs authorities of the exporting country giving, where
appropriate, the reasons for the enquiry. Any documents and
information obtained suggesting that the information given on the
proof or origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the customs authorities
of the exporting country. For this purpose, they shall have the
right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products
concerned while awaiting the results of the verification, release of
the products shall be offered to the importer subject to any
precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible.
These results must indicate clearly whether the documents are
authentic and whether the products concerned can be considered as
products originating in the Community or in Croatia and fulfil the
other requirements of this Protocol. Where the cumulation provisions
in accordance with Articles 3 and 4 of this Protocol were applied
and in connection with Article 17(3), the reply shall include a copy
(copies) of the movement certificate(s) or invoice declaration(s)
relied upon.
6. If in cases of reasonable doubt there is no reply within 10
months of the date of the verification request or if the reply does
not contain sufficient information to determine the authenticity of
the document in question or the real origin of the products, the
requesting customs authorities shall, except in exceptional
circumstances, refuse entitlement to the preferences.
Article 33
Dispute settlement
Where disputes arise in relation to the verification procedures of
Article 32 which cannot be settled between the customs authorities
requesting a verification and the customs authorities responsible
for carrying out this verification or where they raise a question as
to the interpretation of this Protocol, they shall be submitted to
the Interim Committee.
In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under the
legislation of the said country.
Article 34
Penalties
Penalties shall be imposed on any person who draws up, or causes to
be drawn up, a document which contains incorrect information for the
purpose of obtaining a preferential treatment for products.
Article 35
Free zones
1. The Community and Croatia shall take all necessary steps to
ensure that products traded under cover of a proof of origin which
in the course of transport use a free zone situated in their
territory are not substituted by other goods and do not undergo
handling other than normal operations designed to prevent their
deterioration.
2. By means of an exemption to the provisions contained in paragraph
1, when products originating in the Community or in Croatia are
imported into a free zone under cover of a proof of origin and
undergo treatment or processing, the authorities concerned shall
issue a new EUR.1 certificate at the exporter's request, if the
treatment or processing undergone is in conformity with the
provisions of this Protocol.
TITLE VII
CEUTA AND MELILLA
Article 36
Application of the Protocol
2. Products originating in Croatia, when imported into Ceuta or
Melilla, shall enjoy in all respects the same customs regime as that
which is applied to products originating in the customs territory of
the Community under Protocol 2 of the Act of Accession of the
Kingdom of Spain and the Portuguese Republic to the European
Communities. Croatia shall grant to imports of products covered by
the Agreement and originating in Ceuta and Melilla the same customs
regime as that which is granted to products imported from and
originating in the Community.
3. For the purpose of the application of paragraph 2 concerning
products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in
Article 37.
Article 37
Special conditions
1. Providing they have been transported directly in accordance with
the provisions of Article 13, the following shall be considered as:
(1) products originating in Ceuta and Melilla:
(a) products wholly obtained in Ceuta and Melilla;
(b) products obtained in Ceuta and Melilla in the manufacture of
which products other than those referred to in (a) are used,
provided that:
(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of this Protocol; or that
(ii) those products are originating in Croatia or the Community
within the meaning of this Protocol, provided that they have been
submitted to working or processing which goes beyond the
insufficient working or processing referred to in Article 7(1).
(2) products originating in Croatia:
(a) products wholly obtained in Croatia;
(b) products obtained in Croatia, in the manufacture of which
products other than those referred to in (a) are used, provided
that:
(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of this Protocol; or that
(ii) those products are originating in Ceuta and Melilla or the
Community within the meaning of this Protocol, provided that they
have been submitted to working or processing which goes beyond the
insufficient working or processing referred to in Article 7(1).
3. The exporter or his authorised representative shall enter
"Croatia" and "Ceuta and Melilla" in box 2 of movement certificates
EUR.1 or on invoice declarations. In addition, in the case of
products originating in Ceuta and Melilla, this shall be indicated
in box 4 of movement certificates EUR.1 or on invoice declarations.
4. The Spanish customs authorities shall be responsible for the
application of this Protocol in Ceuta and Melilla.
TITLE VIII
FINAL PROVISIONS
Article 38
Amendments to the Protocol
The Interim Committee may decide to amend the provisions of this
Protocol.
ANNEX I
INTRODUCTORY NOTES TO THE LIST IN ANNEX II
Note 1
The list sets out the conditions required for all products to be
considered as sufficiently worked or processed within the meaning of
Article 6.
Note 2
2.1. The first two columns in the list describe the product
obtained. The first column gives the heading number or chapter
number used in the Harmonised System and the second column gives the
description of goods used in that system for that heading or
chapter. For each entry in the first two columns a rule is specified
in column 3 or 4. Where, in some cases, the entry in the first
column is preceded by an "ex", this signifies that the rules in
column 3 or 4 apply only to the part of that heading as described in
column 2.
2.2. Where several heading numbers are grouped together in column 1
or a chapter number is given and the description of products in
column 2 is therefore given in general terms, the adjacent rules in
column 3 or 4 apply to all products which, under the Harmonised
System, are classified in headings of the chapter or in any of the
headings grouped together in column 1.
2.3. Where there are different rules in the list applying to different products within a heading, each indent contains the
description of that part of the heading covered by the adjacent
rules in column 3 or 4.
2.4. Where, for an entry in the first two columns, a rule is
specified in both columns 3 and 4, the exporter may opt, as an
alternative, to apply either the rule set out in column 3 or that
set out in column 4. If no origin rule is given in column 4, the
rule set out in column 3 has to be applied.
Note 3
3.1. The provisions of Article 6, concerning products having
acquired originating status which are used in the manufacture of
other products, shall apply, regardless of whether this status has
been acquired inside the factory where these products are used or in
another factory in Croatia or in the Community.
Example:
An engine of heading No 8407, for which the rule states that the
value of the non-originating materials which may be incorporated may
not exceed 40 % of the ex-works price, is made from "other alloy
steel roughly shaped by forging" of heading No ex 7224.
If this forging has been forged in Croatia from a non-originating
ingot, it has already acquired originating status by virtue of the
rule for heading No ex 7224 in the list. The forging can then count
as originating in the value-calculation for the engine, regardless
of whether it was produced in the same factory or in another factory
in Croatia. The value of the non-originating ingot is thus not taken
into account when adding up the value of the non-originating
materials used.
3.2. The rule in the list represents the minimum amount of working
or processing required, and the carrying-out of more working or
processing also confers originating status; conversely, the
carrying-out of less working or processing cannot confer originating
status. Thus, if a rule provides that non-originating material, at a
certain level of manufacture, may be used, the use of such material
at an earlier stage of manufacture is allowed, and the use of such
material at a later stage is not.
3.3. Without prejudice to Note 3.2, where a rule states that
"materials of any heading" may be used, materials of the same
heading as the product may also be used, subject, however, to any
specific limitations which may also be contained in the rule.
However, the expression "manufacture from materials of any heading,
including other materials of heading No ..." means that only
materials classified in the same heading as the product and of a
different description than that of the product as given in column 2
of the list may be used.
3.4. When a rule in the list specifies that a product may be
manufactured from more than one material, this means that one or
more materials may be used. It does not require that all be used.
Example:
The rule for fabrics of headings Nos 5208 to 5212 provides that
natural fibres may be used and that chemical materials, among other
materials, may also be used. This does not mean that both have to be
used; it is possible to use one or the other, or both.
3.5. Where a rule in the list specifies that a product must be
manufactured from a particular material, the condition obviously
does not prevent the use of other materials which, because of their
inherent nature, cannot satisfy the rule. (See also Note 6.2 below
in relation to textiles).
Example:
The rule for prepared foods of heading No 1904, which specifically
excludes the use of cereals and their derivatives, does not prevent
the use of mineral salts, chemicals and other additives which are
not products from cereals.
However, this does not apply to products which, although they cannot
be manufactured from the particular materials specified in the list,
can be produced from a material of the same nature at an earlier
stage of manufacture.
Example:
In the case of an article of apparel of ex Chapter 62 made from
non-woven materials, if the use of only non-originating yarn is
allowed for this class of article, it is not possible to start from
non-woven cloth - even if non-woven cloths cannot normally be made
from yarn. In such cases, the starting material would normally be at
the stage before yarn - that is, the fibre stage.
3.6. Where, in a rule in the list, two percentages are given for the
maximum value of non-originating materials that can be used, then
these percentages may not be added together. In other words, the
maximum value of all the non-originating materials used may never
exceed the higher of the percentages given. Furthermore, the
individual percentages must not be exceeded, in relation to the
particular materials to which they apply.
Note 4
4.1. The term "natural fibres" is used in the list to refer to
fibres other than artificial or synthetic fibres. It is restricted
to the stages before spinning takes place, including waste, and,
unless otherwise specified, includes fibres which have been carded,
combed or otherwise processed, but not spun.
4.2. The term "natural fibres" includes horsehair of heading No
0503, silk of headings Nos 5002 and 5003, as well as wool-fibres and
fine or coarse animal hair of headings Nos 5101 to 5105, cotton
fibres of headings Nos 5201 to 5203, and other vegetable fibres of
headings Nos 5301 to 5305.
4.3. The terms "textile pulp", "chemical materials" and
"paper-making materials" are used in the list to describe the
materials, not classified in Chapters 50 to 63, which can be used to
manufacture artificial, synthetic or paper fibres or yarns.
4.4. The term "man-made staple fibres" is used in the list to refer
to synthetic or artificial filament tow, staple fibres or waste, of
headings Nos 5501 to 5507.
Note 5
5.1. Where, for a given product in the list, reference is made to
this Note, the conditions set out in column 3 shall not be applied
to any basic textile materials used in the manufacture of this
product and which, taken together, represent 10 % or less of the
total weight of all the basic textile materials used. (See also
Notes 5.3 and 5.4 below).
5.2. However, the tolerance mentioned in Note 5.1 may be applied
only to mixed products which have been made from two or more basic
textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca, ramie and other vegetable textile fibres,
- synthetic man-made filaments,
- artificial man-made filaments,
- current-conducting filaments,
- synthetic man-made staple fibres of polypropylene,
- synthetic man-made staple fibres of polyester,
- synthetic man-made staple fibres of polyamide,
- synthetic man-made staple fibres of polyacrylonitrile,
- synthetic man-made staple fibres of polyimide,
- synthetic man-made staple fibres of polytetrafluoroethylene,
- synthetic man-made staple fibres of polyphenylene sulphide,
- synthetic man-made staple fibres of polyvinyl chloride,
- other synthetic man-made staple fibres,
- artificial man-made staple fibres of viscose,
- other artificial man-made staple fibres,
- yarn made of polyurethane segmented with flexible segments of
polyether, whether or not gimped,
- yarn made of polyurethane segmented with flexible segments of
polyester, whether or not gimped,
- products of heading No 5605 (metallised yarn) incorporating strip
consisting of a core of aluminium foil or of a core of plastic film
whether or not coated with aluminium powder, of a width not
exceeding 5 mm, sandwiched by means of a transparent or coloured
adhesive between two layers of plastic film,
- other products of heading No 5605.
Example:
A yarn, of heading No 5205, made from cotton fibres of heading No
5203 and synthetic staple fibres of heading No 5506, is a mixed
yarn. Therefore, non-originating synthetic staple fibres which do
not satisfy the origin-rules (which require manufacture from
chemical materials or textile pulp) may be used up to a weight of 10
% of the yarn.
Example:
A woollen fabric, of heading No 5112, made from woollen yarn of
heading No 5107 and synthetic yarn of staple fibres of heading No
5509, is a mixed fabric. Therefore, synthetic yarn which does not
satisfy the origin-rules (which require manufacture from chemical
materials or textile pulp), or woollen yarn which does not satisfy
the origin-rules (which require manufacture from natural fibres, not
carded or combed or otherwise prepared for spinning), or a
combination of the two, may be used provided their total weight does
not exceed 10 % of the weight of the fabric.
Example:
Tufted textile fabric, of heading No 5802, made from cotton yarn of
heading No 5205 and cotton fabric of heading No 5210, is only a
mixed product if the cotton fabric is itself a mixed fabric made
from yarns classified in two separate headings, or if the cotton
yarns used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton
yarn of heading No 5205 and synthetic fabric of heading No 5407,
then, obviously, the yarns used are two separate basic textile
materials and the tufted textile fabric is, accordingly, a mixed
product.
5.3. In the case of products incorporating "yarn made of
polyurethane segmented with flexible segments of polyether, whether
or not gimped", this tolerance is 20 % in respect of this yarn.
5.4. In the case of products incorporating "strip consisting of a
core of aluminium foil or of a core of plastic film whether or not
coated with aluminium powder, of a width not exceeding 5 mm,
sandwiched by means of an adhesive between two layers of plastic
film", this tolerance is 30 % in respect of this strip.
Note 6
6.1. Where, in the list, reference is made to this Note, textile
materials (with the exception of linings and interlinings), which do
not satisfy the rule set out in the list in column 3 for the made-up
product concerned, may be used, provided that they are classified in
a heading other than that of the product and that their value does
not exceed 8 % of the ex-works price of the product.
6.2. Without prejudice to Note 6.3, materials, which are not
classified within Chapters 50 to 63, may be used freely in the
manufacture of textile products, whether or not they contain
textiles.
Example:
If a rule in the list provides that, for a particular textile item
(such as trousers), yarn must be used, this does not prevent the use
of metal items, such as buttons, because buttons are not classified
within Chapters 50 to 63. For the same reason, it does not prevent
the use of slide-fasteners, even though slide-fasteners normally
contain textiles.
6.3. Where a percentage-rule applies, the value of materials which
are not classified within Chapters 50 to 63 must be taken into
account when calculating the value of the non-originating materials
incorporated.
Note 7
7.1. For the purposes of headings Nos ex 2707, 2713 to 2715, ex
2901, ex 2902 and ex 3403, the "specific processes" are the
following:
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations:
processing with concentrated sulphuric acid, oleum or sulphuric
anhydride; neutralisation with alkaline agents; decolourisation and
purification with naturally-active earth, activated earth, activated
charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation.
7.2. For the purposes of headings Nos 2710, 2711 and 2712, the
"specific processes" are the following:
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations:
processing with concentrated sulphuric acid, oleum or sulphuric
anhydride; neutralisation with alkaline agents; decolourisation and
purification with naturally-active earth, activated earth, activated
charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(ij) isomerisation;
(k) in respect of heavy oils of heading No ex 2710 only,
desulphurisation with hydrogen, resulting in a reduction of at least
85 % of the sulphur-content of the products processed (ASTM D
1266-59 T method);
(l) in respect of products of heading No 2710 only, deparaffining by
a process other than filtering;
(m) in respect of heavy oils of heading No ex 2710 only, treatment
with hydrogen, at a pressure of more than 20 bar and a temperature
of more than 250 °C, with the use of a catalyst, other than to
effect desulphurization, when the hydrogen constitutes an active
element in a chemical reaction. The further treatment, with
hydrogen, of lubricating oils of heading No ex 2710 (e.g.
hydrofinishing or decolourisation), in order, more especially, to
improve colour or stability shall not, however, be deemed to be a
specific process;
(n) in respect of fuel oils of heading No ex 2710 only, atmospheric
distillation, on condition that less than 30 % of these products
distils, by volume, including losses, at 300 °C, by the ASTM D 86
method;
(o) in respect of heavy oils other than gas oils and fuel oils of
heading No ex 2710 only, treatment by means of a high-frequency
electrical brush-discharge.
7.3. For the purposes of headings Nos ex 2707, 2713 to 2715, ex
2901, ex 2902 and ex 3403, simple operations, such as cleaning,
decanting, desalting, water-separation, filtering, colouring,
marking, obtaining a sulphur-content as a result of mixing products
with different sulphur-contents, or any combination of these
operations or like operations, do not confer origin.
(1) See Additional Explanatory Note 4(b) to Chapter 27 of the
Combined Nomenclature.
(2) See Additional Explanatory Note 4(b) to Chapter 27 of the
Combined Nomenclature.
ANNEX II
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON
NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN
OBTAIN ORIGINATING STATUS
>TABLE POSITION>
ANNEX III
MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT
CERTIFICATE EUR.1
1. Each form shall measure 210 × 297 mm; a tolerance of up to minus
5 mm or plus 8 mm in the length may be allowed. The paper used must
be white, sized for writing, not containing mechanical pulp and
weighting not less than 25 g/m2. It shall have a printed green
guilloche pattern background making any falsification by mechanical
or chemical means apparent to the eye.
2. The competent authorities of the parties may reserve the right to
print the forms themselves or may have them printed by approved
printers. In the latter case, each form must include a reference to
such approval. Each form must bear the name and address of the
printer or a mark by which the printer can be identified. It shall
also bear a serial number, either printed or not, by which it can be
identified.
>PIC FILE= "L_2001330EN.019301.TIF">
>PIC FILE= "L_2001330EN.019401.TIF">
>PIC FILE= "L_2001330EN.019501.TIF">
>PIC FILE= "L_2001330EN.019601.TIF">
ANNEX IV
INVOICE DECLARATION
The invoice declaration, the text of which is given below, must be
made out in accordance with the footnotes. However, the footnotes do
not have to be reproduced.
Spanish Version
El exportador de los productos incluidos en el presente documento
(autorizaciėn aduanera n°.(1)) declara que, salvo indicaciėn en
sentido contrario, estos productos gozan de un origen preferencial
...(2).
Danish Version
EksportŲren af varer, der er omfattet af nörvörende dokument
(toldmyndighedernes tilladelse nr. ...(3)), erklörer, at varerne,
medmindre andet tydeligt er angivet, har pröferenceoprindelse i
...(4).
German Version
Der AusfŽhrer (Ermōchtigter AusfŽhrer; Bewilligungs-Nr. ...(5)) der
Waren, auf die sich dieses Handelspapier bezieht, erklōrt, dass
diese Waren, soweit nicht anderes angegeben, prōferenzbegŽnstigte
...(6) Ursprungswaren sind.
Greek Version
>ISO_7>Ļ õžńóųóąńĖ Įųż Ęę˙ŪŽżĮųż Ę˙į śńūžĘĮ˙żĮńł ńĘŽ Į˙ Ęńꎿ
ąóóęńŠ˙ (Ąōõłń Įõūųżõč˙į įĘ'ńęłų. ...(7)) ō÷ūžżõł ŽĮł, õśĮŽĖ õĄż
ō÷ūžżõĮńł ėńŠžĖ ĄūūųĖ, Įń Ęę˙ŪŽżĮń ńįĮĄ õčżńł Ęę˙Įłü÷ėłńśČĖ
śńĮńóųóČĖ ...(8).
>ISO_1>English Version
The exporter of the products covered by this document (customs
authorisation No ...(9)) declares that, except where otherwise
clearly indicated, these products are of ...(10) preferential
origin.
French Version
L'exportateur des produits couverts par le prłsent document
(autorisation douaniųre n° ...(11)) dłclare que, sauf indication
claire du contraire, ces produits ont l'origine prłfłrentielle
...(12).
Italian Version
L'esportatore delle merci contemplate nel presente documento
(autorizzazione doganale n. ...(13)) dichiara che, salvo indicazione
contraria, le merci sono di origine preferenziale ...(14).
Dutch Version
De exporteur van de goederen waarop dit document van toepassing is
(douanevergunning nr. ...(15)), verklaart dat, behoudens
uitdrukkelijke andersluidende vermelding, deze goederen van
preferentiūle ... oorsprong zijn(16).
Portuguese Version
O abaixo assinado, exportador dos produtos cobertos pelo presente
documento (autoriza÷óo aduaneira n°. ...(17)), declara que, salvo
expressamente indicado em contrńrio, estes produtos sóo de origem
preferencial ...(18).
Finnish Version
Tōssō asiakirjassa mainittujen tuotteiden viejō (tullin lupa n:o
...(19)) ilmoittaa, ettō nōmō tuotteet ovat, ellei toisin ole
selvōsti merkitty, etuuskohteluun oikeutettuja ...
alkuperōtuotteita(20).
Swedish Version
ExportŠren av de varor som omfattas av detta dokument
(tullmyndighetens tillstõnd nr. ...(21)) fŠrsōkrar att dessa varor,
om inte annat tydligt markerats, har fŠrmõnsberōttigande
...(22)ursprung.
Croatian version
Izvoznik proizvoda obuhvaöenih ovom ispravom (carinsko ovlastenje br
...(23)izjavljuje da su, osim ako je to drukųije izriųito navedeno,
ovi proizvodi ...(24)) preferencijalnog podrijetla.
...(25)
(Place and date)
...(26)
(Signature of the exporter, in addition the name of the person
signing the declaration has to be indicated in clear script)
(1) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(2) Origin of products to be indicated. When the invoice declaration
relates, in whole or in part, to products originating in Ceuta and
Mellila, the exporter must clearly indicate them in the document on
which the declaration is made out by means of the symbol "CM".
(3) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(4) Origin of products to be indicated. When the invoice declaration
relates, in whole or in part, to products originating in Ceuta and
Mellila, the exporter must clearly indicate them in the document on
which the declaration is made out by means of the symbol "CM".
(5) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(6) Origin of products to be indicated. When the invoice declaration
relates, in whole or in part, to products originating in Ceuta and
Mellila, the exporter must clearly indicate them in the document on
which the declaration is made out by means of the symbol "CM".
(7) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(8) Origin of products to be indicated. When the invoice declaration
relates, in whole or in part, to products originating in Ceuta and
Mellila, the exporter must clearly indicate them in the document on
which the declaration is made out by means of the symbol "CM".
(9) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(10) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(11) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(12) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(13) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(14) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(15) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(16) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(17) When the invoice declaration is made out by an approval
exporter, the authorization number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(18) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(19) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(20) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(21) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(22) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(23) When the invoice declaration is made out by an approval
exporter, the authorisation number of the approved exporter must be
entered in this space. When the invoice declaration is not made out
by an approval exporter, the words in brackets shall be omitted or
the space left blank.
(24) Origin of products to be indicated. When the invoice
declaration relates, in whole or in part, to products originating in
Ceuta and Mellila, the exporter must clearly indicate them in the
document on which the declaration is made out by means of the symbol
"CM".
(25) These indications may be omitted if the information is
contained on the document itself.
(26) In cases where the exporter is not required to sign, the
exemption of signature also implies the exemption of the name of the
signatory.
PROTOCOL 5
on mutual administrative assistance in customs matters
Article 1
Definitions
For the purposes of this Protocol:
(a) "customs legislation" shall mean any legal or regulatory
provisions applicable in the territories of the Contracting Parties,
governing the import, export and transit of goods and their placing
under any other customs regime or procedure, including measures of
prohibition, restriction and control;
(b) "applicant authority" shall mean a competent administrative
authority which has been designated by a Contracting Party for this
purpose and which makes a request for assistance on the basis of
this Protocol;
(c) "requested authority" shall mean a competent administrative
authority which has been designated by a Contracting Party for this
purpose and which receives a request for assistance on the basis of
this Protocol;
(d) "personal data" shall mean all information relating to an
identified or identifiable individual;
(e) "operation in breach of customs legislation" shall mean any
violation or attempted violation of customs legislation.
Article 2
Scope
1. The Contracting Parties shall assist each other, in the areas
within their competence, in the manner and under the conditions laid
down in this Protocol, to ensure the correct application of the
customs legislation, in particular by preventing, investigating and
combating operations in breach of that legislation.
2. Assistance in customs matters, as provided for in this Protocol,
shall apply to any administrative authority of the Contracting
Parties which is competent for the application of this Protocol. It
shall not prejudice the rules governing mutual assistance in
criminal matters. Nor shall it cover information obtained under
powers exercised at the request of a judicial authority, except
where communication of such information is authorised by that
authority.
3. Assistance to recover duties, taxes or fines is not covered by
this Protocol.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested
authority shall provide it with all relevant information which may
enable it to ensure that customs legislation is correctly applied,
including information regarding activities noted or planned which
are or could be operations in breach of customs legislation.
2. At the request of the applicant authority, the requested
authority shall inform it:
(a) whether goods exported from the territory of one of the
Contracting Parties have been properly imported into the territory
of the other Contracting Party, specifying, where appropriate, the
customs procedure applied to the goods;
(b) whether goods imported into the territory of one of the
Contracting Parties have been properly exported from the territory
of the other Party, specifying, where appropriate, the customs
procedure applied to the goods.
3. At the request of the applicant authority, the requested
authority shall, within the framework of its legal or regulatory
provisions, take the necessary steps to ensure special surveillance
of:
(a) natural or legal persons in respect of whom there are reasonable
grounds for believing that they are or have been involved in
operations in breach of customs legislation;
(b) places where stocks of goods have been or may be assembled in
such a way that there are reasonable grounds for believing that
these goods are intended to be used in operations in breach of
customs legislation;
(c) goods that are or may be transported in such a way that there
are reasonable grounds for believing that they are intended to be
used in operations in breach of customs legislation;
(d) means of transport that are or may be used in such a way that
there are reasonable grounds for believing that they are intended to
be used in operations in breach of customs legislation.
Article 4
Spontaneous assistance
The Contracting Parties shall assist each other, at their own
initiative and in accordance with their legal or regulatory
provisions, if they consider that to be necessary for the correct
application of customs legislation, particularly by providing
information obtained pertaining to:
- activities which are or appear to be operations in breach of
customs legislation and which may be of interest to the other
Contracting Party,
- new means or methods employed in carrying out operations in breach
of customs legislation,
- goods known to be subject to operations in breach of customs
legislation,
- natural or legal persons in respect of whom there are reasonable
grounds for believing that they are or have been involved in
operations in breach of customs legislation,
- means of transport in respect of which there are reasonable
grounds for believing that they have been, are, or may be used in
operations in breach of customs legislation.
Article 5
Delivery, notification
At the request of the applicant authority, the requested authority
shall, in accordance with legal or regulatory provisions applicable
to the latter, take all necessary measures in order to:
- deliver any documents, or
- notify any decisions,
emanating from the applicant authority and falling within the scope
of this Protocol, to an addressee residing or established in the
territory of the requested authority.
Requests for delivery of documents or notification of decisions
shall be made in writing in an official language of the requested
authority or in a language acceptable to that authority.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing. They
shall be accompanied by the documents necessary to enable compliance
with the request. When required because of the urgency of the
situation, oral requests may be accepted, but must be confirmed in
writing immediately.
2. Requests pursuant to paragraph 1 shall include the following
information:
(a) the applicant authority;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the legal or regulatory provisions and other legal elements
involved;
(e) indications as exact and comprehensive as possible on the
natural or legal persons who are the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already
carried out.
3. Requests shall be submitted in an official language of the
requested authority or in a language acceptable to that authority.
This requirement shall not apply to any documents that accompany the
request under paragraph 1.
4. If a request does not meet the formal requirements set out above,
its correction or completion may be requested; in the meantime
precautionary measures may be ordered.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested
authority shall proceed, within the limits of its competence and
available resources, as though it were acting on its own account or
at the request of other authorities of that same Contracting Party,
by supplying information already possessed, by carrying out
appropriate enquiries or by arranging for them to be carried out.
This provision shall also apply to any other authority to which the
request has been addressed by the requested authority when the
latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the
legal or regulatory provisions of the requested Contracting Party.
3. Duly authorised officials of a Contracting Party may, with the
agreement of the other Contracting Party involved and subject to the
conditions laid down by the latter, be present to obtain in the
offices of the requested authority or any other concerned authority
in accordance with paragraph 1 information relating to activities
that are or may be operations in breach of customs legislation which
the applicant authority needs for the purposes of this Protocol.
4. Duly authorised officials of a Contracting Party involved may,
with the agreement of the other Contracting Party involved and
subject to the conditions laid down by the latter, be present at
enquiries carried out in the latter's territory.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to
the applicant authority in writing together with relevant documents,
certified copies or other items.
3. Original documents shall be transmitted only upon request in
cases where certified copies would be insufficient. These originals
shall be returned at the earliest opportunity.
Article 9
Exceptions to the obligation to provide assistance
1. Assistance may be refused or may be subject to the satisfaction
of certain conditions or requirements in cases where a Party is of
the opinion that assistance under this Protocol would:
(a) be likely to prejudice the sovereignty of Croatia or that of a
Member State which has been requested to provide assistance under
this Protocol; or
(b) be likely to prejudice public policy, security or other
essential interests, in particular in the cases referred to under
Article 10(2); or
(c) violate an industrial, commercial or professional secret.
2. Assistance may be postponed by the requested authority on the
ground that it will interfere with an ongoing investigation,
prosecution or proceeding. In such a case, the requested authority
shall consult with the applicant authority to determine if
assistance can be given subject to such terms or conditions as the
requested authority may require.
3. Where the applicant authority seeks assistance which it would
itself be unable to provide if so requested, it shall draw attention
to that fact in its request. It shall then be for the requested
authority to decide how to respond to such a request.
4. For the cases referred to in paragraphs 1 and 2, the decision of
the requested authority and the reasons therefor must be
communicated to the applicant authority without delay.
Article 10
Information exchange and confidentiality
1. Any information communicated in whatsoever form pursuant to this
Protocol shall be of a confidential or restricted nature, depending
on the rules applicable in each of the Contracting Parties. It shall
be covered by the obligation of official secrecy and shall enjoy the
protection extended to similar information under the relevant laws
of the Contracting Party that received it and the corresponding
provisions applying to the Community authorities.
2. Personal data may be exchanged only where the Contracting Party
which may receive them undertakes to protect such data in at least
an equivalent way to the one applicable to that particular case in
the Contracting Party that may supply them. To that end, contracting
parties shall communicate to each other information on their
applicable rules, including, where appropriate, legal provisions in
force in the Member States of the Community.
3. The use, in judicial or administrative proceedings instituted in
respect of operations in breach of customs legislation, of
information obtained under this Protocol, is considered to be for
the purposes of this Protocol. Therefore, the Contracting Parties
may, in their records of evidence, reports and testimonies and in
proceedings and charges brought before the courts, use as evidence
information obtained and documents consulted in accordance with the
provisions of this Protocol. The competent authority which supplied
that information or gave access to those documents shall be notified
of such use.
4. Information obtained shall be used solely for the purposes of
this Protocol. Where one of the Contracting Parties wishes to use
such information for other purposes, it shall obtain the prior
written consent of the authority which provided the information.
Such use shall then be subject to any restrictions laid down by that
authority.
Article 11
Experts and witnesses
An official of a requested authority may be authorised to appear,
within the limitations of the authorisation granted, as an expert or
witness in judicial or administrative proceedings regarding the
matters covered by this Protocol, and produce such objects,
documents or certified copies thereof, as may be needed for the
proceedings. The request for appearance must indicate specifically
before which judicial or administrative authority the official will
have to appear, on what matters and by virtue of what title or
qualification the official will be questioned.
Article 12
Assistance expenses
The Contracting Parties shall waive all claims on each other for the
reimbursement of expenses incurred pursuant to this Protocol,
except, as appropriate, for expenses to experts and witnesses, and
those to interpreters and translators who are not public service
employees.
Article 13
Implementation
1. The implementation of this Protocol shall be entrusted, on the
one hand, to the customs authorities of Croatia and, on the other
hand, to the competent services of the Commission of the European
Communities and the customs authorities of the Member States of the
European Union as appropriate. They shall decide on all practical
measures and arrangements necessary for its application, taking into
consideration the rules in force in particular in the field of data
protection. They may recommend to the competent bodies amendments
which they consider should be made to this Protocol.
2. The Contracting Parties shall consult each other and subsequently
keep each other informed of the detailed rules of implementation
which are adopted in accordance with the provisions of this
Protocol.
Article 14
Other agreements
1. Taking into account the respective competencies of the European
Community and the Member States, the provisions of this Protocol
shall:
- not affect the obligations of the Contracting Parties under any
other international agreement or convention,
- be deemed complementary to agreements on mutual assistance which
have been or may be concluded between individual Member States and
Croatia, and shall
- not affect the Community provisions governing the communication
between the competent services of the Commission of the European
Communities and the customs authorities of the Member States of any
information obtained under this Protocol which could be of interest
to the Community.
2. Notwithstanding the provisions of paragraph 1, the provisions of
this Protocol shall take precedence over the provisions of any
bilateral agreement on mutual assistance which has been or may be
concluded between individual Member States and Croatia in so far as
the provisions of the latter are incompatible with those of this
Protocol.
3. In respect of questions relating to the applicability of this
Protocol, the Contracting Parties shall consult each other to
resolve the matter in the framework of the Interim Committee set up
under Article 38 of this Agreement.
PROTOCOL 6
on road transit traffic
Article 1 (SAA Protocol 6, Article 3(a) and (b))
Definitions
For the purpose of this Protocol, the following definitions shall
apply:
(a) Community transit traffic: the carriage, by a carrier
established in the Community, of goods in transit through Croatian
territory en route to or from a Member State of the Community;
(b) Croatian transit traffic: the carriage, by a carrier established
in Croatia, of goods in transit from Croatia through Community
territory and destined for a third country or of goods from a third
country destined for Croatia.
Article 2 (SAA Protocol 6, Article 11(2) (3) and (6))
General provisions
1. The Parties hereby agree to grant unrestricted access to
Community transit traffic through Croatia and to Croatian transit
traffic through the Community with effect from the date of entry
into force of this Agreement.
2. By way of derogation from paragraph 1 the following provisions
will apply to Croatian transit traffic through Austria:
(a) until 31 December 2002 a regime for Croatian transit identical
to that applied under the bilateral Agreement between Austria and
Croatia, signed on 6 June 1995, will be maintained. No later than 30
June 2002 the Parties will examine the functioning of the regime
applied between Austria and Croatia in the light of the principle of
non-discrimination which must apply to heavy goods vehicles from the
European Community and such vehicles from Croatia in transit through
Austria. Appropriate measures will be taken in order to ensure, if
necessary, effective non-discrimination;
(b) with effect from 1 January 2003 a system of ecopoints similar to
that laid down by Article 11 of Protocol 9 to the 1994 Act of
Accession of Austria to the European Union will apply until 31
December 2003. The method of calculation and the detailed rules and
procedures for the management and control of the ecopoints will be
agreed in good time by means of an exchange of letters between the
Contracting Parties and will be in line with the provisions of
Articles 11 and 14 of the abovementioned Protocol 9.
3. The Parties shall refrain from taking any unilateral action that
might lead to discrimination between Community and Croatian carriers
or vehicles. Each Contracting Party shall take all steps necessary
to facilitate road transport to or through the territory of the
other Contracting Party.
Article 3 (SAA Protocol 6, Article 18)
Simplification of formalities
1. The Parties agree to simplify the flow of goods by rail and road,
whether bilateral or in transit.
2. The Parties agree to begin negotiations with a view to concluding
an agreement on the facilitation of controls and formalities
relating to the carriage of goods.
3. The Parties agree, to the extent necessary, to take joint action
on, and to encourage, the adoption of further simplification
measures.
Article 4 (SAA Protocol 6, Article 20.1)
Implementation
Cooperation between the Parties in the implementation of this
Protocol shall be carried out within the framework of a special
subcommittee to be set up in accordance with Article 41 of this
Agreement.
Final Act
The plenipotentiaries of the EUROPEAN COMMUNITY,
hereinafter referred to as "the Community",
of the one part, and
the plenipotentiary of the REPUBLIC OF CROATIA,
hereinafter referred to as "Croatia",
of the other part,
meeting at Luxembourg on the twenty-ninth day of October in the year
two thousand and one for the signature of the Interim Agreement on
trade and trade-related matters between the European Community, of
the one part, and the Republic of Croatia, of the other part,
hereinafter referred to as "the Agreement";
have at the time of signature adopted the following texts:
the Agreement,
its Annexes I to VI, namely:
Annex I: Croatian tariff concession for Community industrial
products referred to in Article 5(2);
Annex II: Croatian tariff concession for Community industrial
products referred to in Article 5(3);
Annex III: definition of "baby beef" products referred to in Article
14(2);
Annex IV(a): Croatian tariff concession for agricultural products
(duty-free for unlimited quantities at the date of entering into
force of the Agreement) referred to in Article 14(3)(a)(i);
Annex IV(b): Croatian tariff concession for agricultural products
(duty-free within quota at the entering into force of the Agreement)
referred to in Article 14(3)(a)(ii);
Annex IV(c): Croatian tariff concession for agricultural products
(duty-free for unlimited quantities one year after entering into
force of the Agreement) referred to in Article 14(3)(b)(i);
Annex IV(d): Croatian tariff concession for agricultural products
(progressive elimination of most-favoured nation treatment (MFN)
duties within tariff quotas) referred to in Article 14(3)(c)(i);
Annex IV(e): Croatian tariff concession for agricultural products
(progressive reduction of most-favoured nation treatment (MFN)
duties for unlimited quantities) referred to in Article
14(3)(c)(ii);
Annex IV(f): Croatian tariff concession for agricultural products
(progressive reduction of MFN duties within quotas) referred to in
Article 14(3)(c)(iii);
Annex V(a): products referred to in Article 15(1);
Annex V(b): products referred to in Article 15(2);
Annex VI: intellectual, industrial and commercial property rights
referred to in Article 36,
and the following Protocols:
Protocol 1 on textile and clothing products;
Protocol 2 on steel products;
Protocol 3 on trade between the Community and Croatia in processed
agricultural products;
Protocol 4 concerning the definition of the concept of "originating
products" and methods of administrative cooperation;
Protocol 5 on mutual assistance between administrative authorities
in customs matters;
Protocol 6 on road transit traffic.
The plenipotentiaries of the Community and the plenipotentiaries of
Croatia have also adopted the following declarations attached to
this Final Act:
Joint Declaration concerning Articles 8 and 16 of the Agreement;
Joint Declaration concerning Article 28 of the Agreement;
Joint Declaration concerning the implementation of trade
concessions;
Joint Declaration concerning Article 36 of the Agreement;
Joint Declaration concerning Article 46 of the Agreement;
Joint Declaration concerning Protocol 4 with regard to the
Principality of Andorra;
Joint Declaration concerning Protocol 4 with regard to the Republic
of San Marino.
The plenipotentiaries of Croatia have taken note of the Unilateral
Declaration by the Community and its Member States concerning
Article 17 of the Agreement, annexed to this Final Act.
Hecho en Luxemburgo, el veintinueve de octubre del dos mil uno.
Udfördiget i Luxembourg den niogtyvende oktober to tusind og en.
Geschehen zu Luxemburg am neunundzwanzigsten Oktober
zweitausendundeins.
>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł õżżąń ĻśĮųņęč˙į ōž˙
šłūłĄōõĖ ążń.
>ISO_1>Done at Luxembourg on the twenty-ninth day of October in the
year two thousand and one.
Fait š Luxembourg, le vingt-neuf octobre deux mille un.
Fatto a Lussemburgo, addü ventinove ottobre duemilauno.
Gedaan te Luxemburg, de negenentwintigste oktober tweeduizendeneen.
Feito em Luxemburgo, em vinte e nove de Outubro de dois mil e um.
Tehty Luxemburgissa kahdentenakymmenentenōyhdeksōntenō pōivōnō
lokakuuta vuonna kaksituhattayksi.
Som skedde i Luxemburg den tjugonionde oktober tjugohundraett.
Sastavljeno u Luksemburgu, dana dvadeset devetoga listopada godine
dvije tisuce prve.
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
>PIC FILE= "L_2001330EN.020601.TIF">
>PIC FILE= "L_2001330EN.020602.TIF">
Za Republiku Hrvatsku
>PIC FILE= "L_2001330EN.020603.TIF">
JOINT DECLARATION
concerning Articles 8 and 16
(SAA Articles 21 and 29)
The Parties declare that in the implementation of Articles 8 and 16
they will examine, in the Interim Committee, the impact of any
preferential agreements negotiated by Croatia with third countries
(excluding the countries covered by the European Union's
stabilisation and association process and other adjacent countries
which are not European Union's members).
This examination will allow for an adjustment of Croatian
concessions to the European Community if Croatia were to offer
significantly better concessions to these countries.
JOINT DECLARATION
Concerning Article 28
(SAA Article 41)
1. The Community declares its readiness to examine, within the
Interim Committee, the issue of Croatia's participation in diagonal
cumulation of rules of origin once economic and commercial as well
as other relevant conditions for granting diagonal cumulation have
been established.
2. With this in mind, Croatia declares its readiness to enter into
negotiations as soon as possible in order to start economic and
trade cooperation with a view to establishing free trade areas with,
in particular, the other countries covered by the European Union's
stabilisation and association process.
JOINT DECLARATION
concerning the implementation of trade concessions
1. For the purpose of the implementation of Annexes V(a) and (b) the
Parties agree that "Year 1" is intended to start from the date of
entry into force of the Agreement, "Year 2" is intended to start on
1 January 2003 and "Year 3" is intended to start on 1 January 2004
respectively.
2. For the purpose of the implementation of Protocol 3, Annex II,
the Parties agree that the concessions agreed for year 2002 will be
applied from the date of the entry into force of the Agreement. The
concessions agreed for the following years will apply from the 1
January of each respective year.
JOINT DECLARATION
concerning Article 36
(SAA Article 71)
The Parties agree that, for the purpose of the Agreement,
intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer programs,
and neighbouring rights, the rights relating to databases, patents,
industrial designs, trade marks and service marks, topographies of
integrated circuits, geographical indications, including appellation
of origins, as well as protection against unfair competition as
referred to in Article 10a of the Paris Convention for the
Protection of Industrial Property and Protection of Undisclosed
Information on Know-how.
JOINT DECLARATION
concerning Article 46
(SAA Article 120)
(a) For the purposes of the interpretation and practical application
of the Agreement, the Parties agree that the cases of special
urgency referred to in Article 46 of the Agreement mean cases of
material breach of the Agreement by one of the two Parties. A
material breach of the Agreement consists in:
- repudiation of the Agreement not sanctioned by the general rules
of international law,
- violation of the essential elements of the Agreement set out in
Article 1;
(b) The Parties agree that the "appropriate measures" referred to in
Article 46 are measures taken in accordance with international law.
If a Party takes a measure in a case of special urgency pursuant to
Article 46, the other Party may avail itself of the dispute
settlement procedure.
DECLARATIONS CONCERNING PROTOCOL 4
Joint declaration with regard to the Principality of Andorra
1. Products originating in the Principality of Andorra falling
within Chapters 25 to 97 of the Harmonised System shall be accepted
by Croatia as originating in the Community within the meaning of the
Agreement.
2. Protocol 4 shall apply mutatis mutandis for the purpose of
defining the originating status of the abovementioned products.
Joint declaration with to the Republic of San Marino
1. Products originating in the Republic of San Marino shall be
accepted by Croatia as originating in the Community within the
meaning of the Agreement.
defining the originating status of the abovementioned products.
UNILATERAL DECLARATION
Declaration by the Community and its Member States
Considering that exceptional trade measures are granted by the
European Community to countries participating or linked to the
European Union's stabilisation and association process including
Croatia on the basis of Council Regulation (EC) No 2007/2000, the
European Community and its Member States declare that:
- pursuant to Article 17 of this Agreement, those of the unilateral
autonomous trade measures which are more favourable shall apply in
addition to the contractual trade concessions offered by the
Community in the Agreement as long as Regulation (EC) No 2007/2000
applies,
- in particular, for the products covered by Chapters 7 and 8 of the
Combined Nomenclature, for which the Common Customs Tariff provides
for the application of ad valorem customs duties and a specific
customs duty, the reduction shall apply also to the specific customs
duty in derogation from the relevant provision of Article 14(1).