22004A0320(03)
Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the former
Yugoslav Republic of Macedonia, of the other part - Protocol 1 on
textile and clothing products - Protocol 2 on steel products -
Protocol 3 on trade between the former Yugoslav Republic of
Macedonia and the Community in processed agricultural products -
Protocol 4 concerning the definition of the concept of "originating
products" and methods of administrative cooperation - Protocol 5 on
mutual administrative assistance in customs matters - Final Act
Dates:
of document: 09/04/2001; DATSIG
of effect: 04/01/2004; Entry into force See Art 127 And OJ L
85/2004 P. 26
of signature: 09/04/2001; Luxembourg
end of validity: 99/99/9999
Authentic language: The official languages
Author:
Belgium ; Denmark ; Federal Republic of Germany ; Greece ; Spain ;
France ; Ireland ; Italy ; Luxembourg ; Spain ; Austria ; Portugal ;
Finland ; Sweden ; United Kingdom
Subject matter: External relations ; Association
Directory code: 11401040
EUROVOC descriptor: EC association agreement ; Former Yugoslav
Republic of Macedonia ; economic stabilisation ; economic
development ; EC trade agreement ; cooperation policy ; peacekeeping
Legal basis:
157A101-L2................ Adoption
102E300-P2L1FR2........... Adoption
102E300-P3L2.............. Adoption
102E310................... Adoption
Amendment to:
297A1218(02)...... Replacement... from 01/04/2004
Amended by:
Relation...... 204X0323(01)......
Subsequent related instruments:
Relation...... 204A0320(02)......
Stabilisation and Association Agreement
between the European Communities and their Member States, of the one
part, and the former Yugoslav Republic of Macedonia, of the other
part
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European
Community, the Treaty establishing the European Coal and Steel
Community, the Treaty establishing the European Atomic Energy
Community, and the Treaty on European Union
hereinafter referred to as "Member States", and
THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY, THE
EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as the "Community",
of the one part, and
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
hereinafter referred to as "the former Yugoslav Republic of
Macedonia",
of the other part,
CONSIDERING the strong links between the Parties and the values that
they share, their desire to strengthen those links and establish a
close and lasting relationship based on reciprocity and mutual
interest, which should allow the former Yugoslav Republic of
Macedonia to further strengthen and extend the relations established
previously, in particular through the Cooperation Agreement signed
on 29 April 1997 by way of Exchange of Letters, which entered into
force on 1 January 1998,
CONSIDERING that the relationship between the Parties in the field
of inland transport should continue to be governed by the Agreement
between the European Community and the former Yugoslav Republic of
Macedonia in the field of transport, signed on 29 June 1997, which
entered into force on 28 November 1997,
CONSIDERING the importance of this Agreement, in the framework of
the Stabilisation and Association process with the countries of
south-eastern Europe, to be further developed by an EU Common
strategy for this region, in the establishment and consolidation of
a stable European order based on cooperation, of which the European
Union is a mainstay, as well as in the framework of the Stability
Pact,
CONSIDERING the commitment of the Parties to contribute by all means
to the political, economic and institutional stabilisation in the
former Yugoslav Republic of Macedonia as well as in the region,
through the development of civic society and democratisation,
institution building and public administration reform, enhanced
trade and economic cooperation, the strengthening of national and
regional security, as well as increased cooperation in justice and
home affairs,
CONSIDERING the commitment of the Parties to increasing political
and economic freedoms as the very basis of this Agreement, as well
as their commitment to respect human rights and the rule of law,
including the rights of persons belonging to national minorities,
and democratic principles through free and fair elections and a
multiparty system,
CONSIDERING the commitment of the Parties to the principles of free
market economy and the readiness of the Community to contribute to
the economic reforms in the former Yugoslav Republic of Macedonia,
CONSIDERING the commitment of the Parties to the full implementation
of all principles and provisions of the UN Charter, of the OSCE,
notably those of the Helsinki Final Act, the concluding documents of
the Madrid and Vienna Conferences, the Charter of Paris for a New
Europe, and of the Cologne Stability Pact for south-eastern Europe,
so as to contribute to regional stability and cooperation among the
countries of the region,
DESIROUS of establishing regular political dialogue on bilateral and
international issues of mutual interest, including regional aspects,
CONSIDERING the commitment of the Parties to free trade, in
compliance with the rights and obligations arising out of the WTO,
CONVINCED that the Stabilisation and Association Agreement will
create a new climate for economic relations between them and above
all for the development of trade and investment, factors crucial to
economic restructuring and modernisation,
BEARING IN MIND the commitment by the former Yugoslav Republic of
Macedonia to approximate its legislation to that of the Community,
TAKING ACCOUNT of the Community's willingness to provide decisive
support for the implementation of reform, and to use all available
instruments of cooperation and technical, financial and economic
assistance on a comprehensive indicative multi-annual basis to this
endeavour,
CONFIRMING that the provisions of this Agreement that fall within
the scope of Part III, Title IV of the Treaty establishing the
European Community bind the United Kingdom and Ireland as separate
Contracting Parties, and not as part of the European Community,
until the United Kingdom or Ireland (as the case may be) notifies
the former Yugoslav Republic of Macedonia that it has become bound
as part of the European Community in accordance with the Protocol on
the position of the United Kingdom and Ireland annexed to the Treaty
on European Union and the Treaty establishing the European
Community. The same applies to Denmark, in accordance with the
Protocol annexed to those Treaties on the position of Denmark,
RECALLING the European Union's readiness to integrate to the fullest
possible extent the former Yugoslav Republic of Macedonia into the
political and economic mainstream of Europe and its status as a
potential candidate for EU membership on the basis of the Treaty on
European Union and fulfilment of the criteria defined by the
European Council in June 1993, subject to successful implementation
of this Agreement, notably regarding regional cooperation,
HAVE AGREED AS FOLLOWS:
Article 1
1. An Association is hereby established between the Community and
its Member States of the one part and the former Yugoslav Republic
of Macedonia of the other part.
2. The aims of this Association are:
- to provide an appropriate framework for political dialogue,
allowing the development of close political relations between the
Parties,
- to support the efforts of the former Yugoslav Republic of
Macedonia to develop its economic and international cooperation,
also through the approximation of its legislation to that of the
Community,
- to promote harmonious economic relations and develop gradually a
free trade area between the Community and the former Yugoslav
Republic of Macedonia,
- to foster regional cooperation in all the fields covered by this
Agreement.
TITLE I GENERAL PRINCIPLES
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.
Article 3
International and regional peace and stability, the development of
good neighbourly relations are central to the Stabilisation and
Association Process. The conclusion and the implementation of this
Agreement come within the framework of the regional approach of the
Community as defined in the Council conclusions of 29 April 1997,
based on the merits of the individual countries of the region.
Article 4
The former Yugoslav Republic of Macedonia commits itself to enter
into cooperation and good neighbourly relations with the other
countries of the region including an appropriate level of mutual
concessions concerning the movement of persons, goods, capital and
services as well as the development of projects of common interest.
This commitment constitutes a key factor in the development of the
relations and cooperation between the Parties and thus contributes
to regional stability.
Article 5
1. The Association shall be fully realised over a transitional
period of a maximum of ten years divided into two successive stages.
The purpose of this division into successive stages is to implement
progressively the provisions of the Stabilisation and Association
Agreement and to focus on areas described hereinafter in Titles III,
V, VI and VII during the first stage.
2. The Stabilisation and Association Council established under
Article 108 shall regularly examine the application of this
Agreement and the accomplishment by the former Yugoslav Republic of
Macedonia of legal, administrative, institutional and economic
reforms in the light of the preamble and in accordance with the
general principles laid down in this Agreement.
3. Four years after the entry into force of this Agreement, the
Stabilisation and Association Council shall evaluate the progress
made and decide about the passage into the second phase and its
duration, as well as on any possible changes to be brought about as
regards the content of the provisions governing the second stage. In
so doing, it will take into account the results of the
abovementioned review.
4. The two stages envisaged in paragraphs 1 and 3 shall not apply to
Title IV.
Article 6
The Agreement shall be fully compatible with the relevant WTO
provisions, in particular Article XXIV of the GATT 1994 and Article
V of the GATS.
TITLE II POLITICAL DIALOGUE
Article 7
Political dialogue between the Parties shall be further developed
and intensified. It shall accompany and consolidate the
rapprochement between the European Union and the former Yugoslav
Republic of Macedonia and contribute to the establishment of close
links of solidarity and new forms of cooperation between the
Parties.
The political dialogue is intended to promote in particular:
- an increasing convergence of positions of the Parties on
international issues and, in particular, on those issues likely to
have substantial effects on the Parties,
- regional cooperation and the development of good neighbourly
relations,
- common views on security and stability in Europe, including in the
areas covered by Common Foreign and Security Policy of the European
Union.
Article 8
Political dialogue may take place within a multilateral framework,
and as a regional dialogue including other countries of the region.
Article 9
1. At ministerial level, political dialogue shall take place within
the Stabilisation and Association Council, which shall have the
general responsibility for any matter that the Parties might wish to
put to it.
2. At the request of the Parties, political dialogue may also take
place in the following formats:
- meetings, where necessary, of senior officials representing the
former Yugoslav Republic of Macedonia, on the one hand, and the
Presidency of the Council of the European Union and the Commission,
on the other,
- taking full advantage of all diplomatic channels between the
Parties, including appropriate contacts in third countries and
within the United Nations, the OSCE and other international fora,
- any other means which would make a useful contribution to
consolidating, developing and stepping up this dialogue.
Article 10
Political dialogue at parliamentary level shall take place within
the framework of the Stabilisation and Association Parliamentary
Committee established under Article 114.
TITLE III REGIONAL COOPERATION
Article 11
In conformity with its commitment to peace and stability, and to the
development of good neighbourly relations, the former Yugoslav
Republic of Macedonia will actively promote regional cooperation.
The Community will also support projects having a regional or
cross-border dimension through its technical assistance programmes.
Whenever the former Yugoslav Republic of Macedonia foresees to
reinforce its cooperation with one of the countries mentioned in
Articles 12 to 14 below, it shall inform and consult the Community
and its Member States according to the provisions laid down in Title
X.
Article 12
Cooperation with other countries having signed a Stabilisation and
Association Agreement
No later than when at least one Stabilisation and Association
Agreement will have been signed with another of the countries
concerned by the Stabilisation and Association Process, the former
Yugoslav Republic of Macedonia shall start negotiations with the
country or the countries concerned with a view to concluding a
Convention on regional cooperation, the aim of which will be to
enhance the scope of cooperation between the countries concerned.
The main elements of this Convention will be:
- political dialogue,
- the establishment of a free trade area between the Parties,
consistent with relevant WTO provisions,
- mutual concessions concerning the movement of workers,
establishment, supply of services, current payments and movement of
capital at an equivalent level to that of this Agreement,
- provisions on cooperation in other fields whether or not covered
by this Agreement, and notably the field of Justice and Home
Affairs.
This Convention will contain provisions for the creation of the
necessary institutional mechanisms, as appropriate.
This Convention on regional cooperation shall be concluded within
two years after the entry into force of at least the second
Stabilisation and Association Agreement. Readiness by the former
Yugoslav Republic of Macedonia to conclude such a Convention will be
a condition for the further development of the relations between the
former Yugoslav Republic of Macedonia and the EU.
Article 13
Cooperation with other countries concerned by the Stabilisation and
Association Process
The former Yugoslav Republic of Macedonia shall engage in regional
cooperation with the other countries concerned by the Stabilisation
and Association Process in some or all the fields of cooperation
covered by this Agreement, and notably those of common interest.
Such cooperation should be compatible with the principles and
objectives of this Agreement.
Article 14
Cooperation with countries candidate for EU accession
The former Yugoslav Republic of Macedonia may foster its cooperation
and conclude a Convention on regional cooperation with any country
candidate for EU accession in any of the fields of cooperation
covered by this Agreement. Such Convention should aim to gradually
align bilateral relations between the former Yugoslav Republic of
Macedonia and that country to the relevant part of the relations
between the European Community and its Member States and that
country.
TITLE IV FREE MOVEMENT OF GOODS
Article 15
1. The Community and the former Yugoslav Republic of Macedonia shall
gradually establish a free trade area over a period lasting a
maximum of 10 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.
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 the former Yugoslav Republic of Macedonia shall
communicate to each other their respective basic duties.
CHAPTER I INDUSTRIAL PRODUCTS
Article 16
1. The provisions of this Chapter shall apply to products
originating in the Community or the former Yugoslav Republic of
Macedonia listed in Chapters 25 to 97 of the Combined Nomenclature,
with the exception of the products listed in Annex I. ฤ I, (ii) of
the Agreement on agriculture (GATT 1994).
2. The provisions of Articles 17 and 18 shall neither apply to
textile products nor to steel products, as specified in Articles 22
and 23.
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 17
1. Customs duties on imports into the Community of products
originating in the former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Macedonia.
Article 18
1. Customs duties on imports into the former Yugoslav Republic of
Macedonia 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 the former Yugoslav Republic of
Macedonia of goods originating in the Community which are listed in
Annex I shall be progressively reduced in accordance with the
following timetable:
- on 1 January of the first year after the entry into force of this
Agreement each duty shall be reduced to 90 % of the basic duty,
- on 1 January of the second year after the entry into force of this
Agreement each duty shall be reduced to 80 % of the basic duty,
- on 1 January of the third year after the entry into force of this
Agreement each duty shall be reduced to 70 % of the basic duty,
- on 1 January of the fourth year after the entry into force of this
Agreement each duty shall be reduced to 60 % of the basic duty,
- on 1 January of the fifth year after the entry into force of this
Agreement each duty shall be reduced to 50 % of the basic duty,
- on 1 January of the sixth year after the entry into force of this
Agreement each duty shall be reduced to 40 % of the basic duty,
- on 1 January of the seventh year after the entry into force of
this Agreement each duty shall be reduced to 30 % of the basic duty,
- on 1 January of the eighth year after the entry into force of this
Agreement each duty shall be reduced to 20 % of the basic duty,
- on 1 January of the ninth year after the entry into force of this
Agreement each duty shall be reduced to 10 % of the basic duty,
- on 1 January of the tenth year after the entry into force of this
Agreement the remaining duties shall be abolished.
3. Customs duties on imports into the former Yugoslav Republic of
Macedonia of goods originating in the Community which are listed in
Annex II shall be progressively reduced and eliminated in accordance
with the timetable specified in the Annex.
4. Quantitative restrictions on imports into the former Yugoslav
Republic of Macedonia 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 19
The Community and the former Yugoslav Republic of Macedonia 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 20
1. The Community and the former Yugoslav Republic of Macedonia shall
abolish any customs duties on exports and charges having equivalent
effect upon the entry into force of this Agreement.
2. The Community and the former Yugoslav Republic of Macedonia shall
abolish between themselves any quantitative restrictions on exports
and measures having equivalent effect upon the entry into force of
this Agreement.
Article 21
The former Yugoslav Republic of Macedonia declares its readiness to
reduce its customs duties in trade with the Community more rapidly
than is provided for in Article 18 if its general economic situation
and the situation of the economic sector concerned so permit.
The Stabilisation and Association Council shall make recommendations
to this effect.
Article 22
Protocol 1 lays down the arrangements applicable to the textile
products referred to therein.
Article 23
Protocol 2 lays down the arrangements applicable to steel products
referred to therein.
CHAPTER II AGRICULTURE AND FISHERIES
Article 24
Definition
1. The provisions of this Chapter shall apply to trade in
agricultural and fishery products originating in the Community or
former Yugoslav Republic of Macedonia.
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, ฤI, (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 sub-headings 0511 91, 2301 20
00 and ex 1902 20 (1).
Article 25
Protocol 3 lays down the trade arrangements for processed
agricultural products that are listed therein.
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 the former Yugoslav Republic of Macedonia.
2. On the date of entry into force of this Agreement, the former
Yugoslav Republic of Macedonia shall abolish all quantitative
restrictions and measures having equivalent effect, on imports of
agricultural and fishery products originating in the Community.
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 the former Yugoslav Republic of Macedonia, 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 the former Yugoslav Republic of Macedonia, 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 1650 tonnes expressed in carcass
weight.
3. From the date of entry into force of this Agreement, the former
Yugoslav Republic of Macedonia shall:
(a) abolish the customs duties applicable on imports of certain
agricultural products originating in the Community, listed in Annex
IV(a);
(b) abolish the customs duties applicable on imports of certain
agricultural products originating in the Community, listed in Annex
IV(b) within the limits of tariff quotas indicated for each product
in that Annex. For the quantities exceeding the tariff quotas the
former Yugoslav Republic of Macedonia shall reduce progressively the
customs duties in accordance with the timetable indicated for each
product in that Annex;
(c) reduce progressively the customs duties applicable on imports of
certain agricultural products originating in the Community, listed
in Annex IV(c) within the limits of tariff quotas and 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 a separate wine and spirit agreement.
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
originating in the former Yugoslav Republic of Macedonia. Products
listed in Annex V(a) shall be subject to the provisions laid down
therein.
2. From the entry into force of this Agreement the former Yugoslav
Republic of Macedonia shall abolish all charges having an equivalent
effect to a custom duty and reduce customs duties on fish and
fisheries products originating in the European Community by 50 % of
the MFN duty. The residual duties shall be reduced over a period of
six years to be eliminated at the end of this period.
The rules contained in this paragraph shall not apply to products
listed in Annex V(b) which shall be subject to tariff reductions
laid down in the said Annex.
Article 29
1. 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 for agriculture and
fisheries, of the rules of the agricultural policies of the former
Yugoslav Republic of Macedonia, of the role of agriculture in the
former Yugoslav Republic of Macedonia's economy, of the production
and export potential of its traditional branches and markets and of
the consequences of the multilateral trade negotiations under the
WTO, the Community and the former Yugoslav Republic of Macedonia
shall examine in the Stabilisation and Association Council, no later
than 1 January 2003, 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.
2. 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 30
Notwithstanding other provisions of this Agreement, and in
particular Article 37, 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 25, 27 and 28, 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 31
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 32
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 the former Yugoslav
Republic of Macedonia.
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 the former
Yugoslav Republic of Macedonia.
3. Without prejudice to the concessions granted under Article 26,
the provisions of paragraphs 1 and 2 of this Article shall not
restrict in any way the pursuit of the respective agricultural
policies of the former Yugoslav Republic of Macedonia and the
Community or the taking of any measures under those policies insofar
as the import regime in the Annexes III, IV(a), (b) and (c) and V(a)
and (b) is not affected.
Article 33
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 34
The provisions concerning the abolition of customs duties on imports
shall also apply to customs duties of a fiscal nature.
Article 35
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 insofar as they alter the trade
arrangements provided for in this Agreement.
2. During the transitional periods specified in Articles 17 and 18,
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 the former Yugoslav Republic of Macedonia or
resulting from the bilateral agreements specified in Title III
concluded by the former Yugoslav Republic of Macedonia in order to
promote regional trade.
3. Consultations between the Parties shall take place within the
Stabilisation and Association Council 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 the former Yugoslav Republic of
Macedonia stated in this Agreement.
Article 36
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 Stabilisation and
Association Council 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 or no other satisfactory solution
has been reached within 30 days of the matter being referred to the
Stabilisation and Association Council, the importing Party may adopt
the appropriate measures.
Article 37
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 the former Yugoslav Republic of Macedonia 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) of this Article applies, as soon as possible, the Community or
the former Yugoslav Republic of Macedonia, as the case may be, shall
supply the Stabilisation and Association 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 Stabilisation and
Association Committee, which may take any decisions needed to put an
end to such difficulties. If the Stabilisation and Association
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
Stabilisation and Association 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
Stabilisation and Association 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 the former Yugoslav Republic of
Macedonia subjecting imports of products liable to give rise to the
difficulties referred to in this Article to an administrative
procedure having at its purpose the rapid provision of information
on the trend of trade flows, it shall inform the other Party.
Article 38
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 the former Yugoslav Republic
of Macedonia, as the case may be, shall supply the Stabilisation and
Association Committee with all relevant information, with a view to
seeking a solution acceptable to the Parties. The Parties within the
Stabilisation and Association 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 Stabilisation and
Association 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 the former Yugoslav Republic of
Macedonia, 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 Stabilisation and Association 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 39
State monopolies
The former Yugoslav Republic of Macedonia shall progressively adjust
any State monopolies of a commercial character so as to ensure that,
by the end of the fifth 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 and of the former Yugoslav Republic of Macedonia. The
Stabilisation and Association Council shall be informed about the
measures adopted to attain this objective.
Article 40
Protocol 4 lays down the rules of origin for the application of
tariff preferences provided for in this Agreement.
Article 41
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 42
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 30, 37 and 88 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 43
The application of this Agreement shall be without prejudice to the
application of the provisions of Community law to the Canary
Islands.
TITLE V MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY OF SERVICES,
CAPITAL
CHAPTER I MOVEMENT OF WORKERS
Article 44
1. Subject to the conditions and modalities applicable in each
Member State:
- treatment accorded to workers who are nationals of the former
Yugoslav Republic of Macedonia and who are legally employed in the
territory of a Member State shall be free of any discrimination
based on nationality, as regards working conditions, remuneration or
dismissal, compared to its own nationals,
- the legally resident spouse and children of a worker legally
employed in the territory of a Member State, with the exception of
seasonal workers and of workers coming under bilateral agreements,
within the meaning of Article 45, unless otherwise provided by such
agreements, shall have access to the labour market of that Member
State, during the period of that worker's authorised stay of
employment.
2. The former Yugoslav Republic of Macedonia shall, subject to
conditions and modalities in that country, accord the treatment
refereed to in paragraph 1 to workers who are nationals of a Member
State and are legally employed in its territory as well as to their
spouse and children who are legally resident in the said country.
Article 45
1. Taking into account the labour market situation in the Member
States, subject to their legislation and to compliance with the
rules in force in the Member States in the area of mobility of
workers:
- the existing facilities of access to employment for workers of the
former Yugoslav Republic of Macedonia accorded by Member States with
bilateral agreements should be preserved and if possible improved,
- the other Member States shall examine the possibility of
concluding similar agreements.
2. The Stabilisation and Association Council shall examine the
granting of other improvements, including facilities for access to
professional training, in accordance with the rules and procedures
in force in the Member States, and taking into account the labour
market situation in the Member States and in the Community.
Article 46
Rules shall be laid down for the coordination of social security
system for workers with the nationality of the former Yugoslav
Republic of Macedonia, legally employed in the territory of a Member
State, and for the members of their families legally resident there.
To that effect, a decision of the Stabilisation and Association
Council, which should not affect any rights or obligations arising
from bilateral agreements where the latter provide for more
favourable treatment, will put the following provisions in place:
- all periods of insurance, employment or residence completed by
such workers in the various Member States shall be added together
for the purpose of pensions and annuities in respect of old age,
invalidity and death and for the purpose of medical care for such
workers and such family members,
- any pensions or annuities in respect of old age, death, industrial
accident or occupational disease, or of invalidity resulting
therefrom, with the exception of non-contributory benefits, shall be
freely transferable at the rate applied by virtue of the law of the
debtor Member State or States,
- the workers in question shall receive family allowances for the
members of their families as defined above.
The former Yugoslav Republic of Macedonia shall accord to workers
who are nationals of a Member State and legally employed in its
territory, and to members of their families legally resident there,
treatment similar to that specified in the second and third indents
of the first paragraph.
CHAPTER II ESTABLISHMENT
Article 47
For the purposes of this Agreement:
(a) a "Community company" or a "company of the former Yugoslav
Republic of Macedonia" respectively shall mean a company set up in
accordance with the laws of a Member State or of former Yugoslav
Republic of Macedonia respectively and having its registered office
or central administration or principal place of business in the
territory of the Community or former Yugoslav Republic of Macedonia
respectively.
However, should the company, set up in accordance with the laws of a
Member State or of the former Yugoslav Republic of Macedonia
respectively, have only its registered office in the territory of
the Community or the former Yugoslav Republic of Macedonia
respectively, the company shall be considered a Community or a
company from the former Yugoslav Republic of Macedonia respectively
if its operations possess a real and continuous link with the
economy of one of the Member States or the former Yugoslav Republic
of Macedonia respectively;
(b) "subsidiary" of a company shall mean a company which is
effectively controlled by the first company;
(c) "branch" of a company shall mean a place of business not having
legal personality which has the appearance of permanency, such as
the extension of a parent body, has a management and is materially
equipped to negotiate business with third Parties so that the
latter, although knowing that there will if necessary be a legal
link with the parent body, the head office of which is abroad, do
not have to deal directly with such parent body but may transact
business at the place of business constituting the extension;
(d) "establishment" shall mean:
(i) as regards nationals, the right to set up undertakings, in
particular companies, which they effectively control. Business
undertakings by nationals shall not extend to seeking or taking
employment in the labour market or confer a right of access to the
labour market of another Party;
(ii) as regards Community or the former Yugoslav Republic of
Macedonia companies, the right to take up economic activities by
means of the setting up of subsidiaries and branches in the former
Yugoslav Republic of Macedonia or in the Community respectively;
(e) "operations" shall mean the pursuit of economic activities;
(f) "economic activities" shall in principle include activities of
an industrial, commercial and professional character and activities
of craftsmen;
(g) "Community national" and "national of the former Yugoslav
Republic of Macedonia" shall mean respectively a natural person who
is a national of one of the Member States or of the former Yugoslav
Republic of Macedonia;
(h) with regard to international maritime transport, including
inter-modal operations involving a sea leg, nationals of the Member
States or of the former Yugoslav Republic of Macedonia established
outside the Community or of the former Yugoslav Republic of
Macedonia respectively, and shipping companies established outside
the Community or the former Yugoslav Republic of Macedonia and
controlled by nationals of a Member State or the nationals of the
former Yugoslav Republic of Macedonia respectively, shall also be
beneficiaries of the provisions of this Chapter and Chapter III, if
their vessels are registered in that Member State or in the former
Yugoslav Republic of Macedonia respectively, in accordance with
their respective legislation;
(i) "financial services" shall mean those activities described in
Annex VI. The Stabilisation and Association Council may extend or
modify the scope of that Annex.
Article 48
1. The former Yugoslav Republic of Macedonia shall grant, upon entry
into force of this Agreement:
(i) as regards the establishment of Community companies treatment no
less favourable than that accorded to its own companies or to any
third country company, whichever is the better, and
(ii) as regards the operation of subsidiaries and branches of
Community companies in the former Yugoslav Republic of Macedonia,
once established, treatment no less favourable than that accorded to
its own companies and branches or to any subsidiary and branch of
any third country company, whichever is the better.
2. The former Yugoslav Republic of Macedonia shall not adopt any new
regulations or measures which introduce discrimination as regards
the establishment of Community companies on its territory or in
respect of their operation, once established, by comparison with its
own companies.
3. The Community and its Member States shall grant, from the entry
into force of this Agreement:
(i) as regards the establishment of companies from the former
Yugoslav Republic of Macedonia, treatment no less favourable than
that accorded by Member States to their own companies or to any
company of any third country, whichever is the better;
(ii) as regards the operation of subsidiaries and branches of
companies from the former Yugoslav Republic of Macedonia,
established in their territory, treatment no less favourable than
that accorded by Member States to their own companies and branches,
or to any subsidiary and branch of any third country company,
established in their territory, whichever is the better.
4. Five years after the entry into force of this Agreement, and in
the light of the relevant European Court of Justice case law, and
the situation of the labour market, the Stabilisation and
Association Council will examine whether to extend the above
provisions to the establishment of nationals of both Parties to this
Agreement to take up economic activities as self-employed persons.
5. Notwithstanding the provisions of this Article:
(a) subsidiaries and branches of Community companies shall have,
from the entry into force of this Agreement, the right to use and
rent real property in the former Yugoslav Republic of Macedonia;
(b) subsidiaries of Community companies shall also have the right to
acquire and enjoy ownership rights over real property as the
companies of the former Yugoslav Republic of Macedonia and as
regards public goods/goods of common interest, including natural
resources, agricultural land and forestry, the same rights as
enjoyed by companies of the former Yugoslav Republic of Macedonia,
where these rights are necessary for the conduct of the economic
activities for which they are established;
(c) by the end of the first stage of transitional period the
Stabilisation and Association Council shall examine the possibility
of extending the rights under (b) to branches of the Community
companies.
Article 49
1. Subject to the provisions of Article 48, with the exception of
financial services described in Annex VI, each Party may regulate
the establishment and operation of companies and nationals on its
territory, insofar as these regulations do not discriminate against
companies and nationals of the other Party in comparison with its
own companies and nationals.
2. In respect of financial services, notwithstanding any other
provisions of this Agreement, a Party shall not be prevented from
taking measures for prudential reasons, including for the protection
of investors, depositors, policy holders or persons to whom a
fiduciary duty is owned by a financial service supplier, or to
ensure the integrity and stability of the financial system. Such
measures shall not be used as a means of avoiding the Party's
obligations under the Agreement.
3. Nothing in the Agreement shall be construed to require a Party to
disclose information relating to the affairs and accounts of
individual customers or any confidential or proprietary information
in the possession of public entities.
Article 50
1. The provisions of this Chapter shall not apply to air transport
services, inland waterways transport services and maritime cabotage
services.
2. The Stabilisation and Association Council may make
recommendations for improving establishment and operations in the
areas covered by paragraph 1.
Article 51
1. The provisions of Articles 48 and 49 do not preclude the
application by a Party of particular rules concerning the
establishment and operation in its territory of branches of
companies of another Party not incorporated in the territory of the
first Party, which are justified by legal or technical differences
between such branches as compared to branches of companies
incorporated in its territory or, as regards financial services, for
prudential reasons.
2. The difference in treatment shall not go beyond what is strictly
necessary as a result of such legal or technical differences or, as
regards financial services, for prudential reasons.
Article 52
In order to make it easier for Community nationals and nationals of
the former Yugoslav Republic of Macedonia to take up and pursue
regulated professional activities in the former Yugoslav Republic of
Macedonia and Community respectively, the Stabilisation and
Association Council shall examine which steps are necessary for the
mutual recognition of qualifications. It may take all necessary
measures to that end.
Article 53
1. A Community company or a company from the former Yugoslav
Republic of Macedonia established in the territory of the former
Yugoslav Republic of Macedonia or the Community respectively shall
be entitled to employ, or have employed by one of its subsidiaries
or branches, in accordance with the legislation in force in the host
country of establishment, in the territory of the former Yugoslav
Republic of Macedonia and the Community respectively, employees who
are nationals of the Community Member States and former Yugoslav
Republic of Macedonia respectively, provided that such employees are
key personnel as defined in paragraph 2 and that they are employed
exclusively by companies, subsidiaries or branches. The residence
and work permits of such employees shall only cover the period of
such employment.
2. Key personnel of the abovementioned companies, herein referred to
as "organisations", are "intra-corporate transferees" as defined in
(c) of this paragraph in the following categories, provided that the
organisation is a legal person and that the persons concerned have
been employed by it or have been partners in it (other than as
majority shareholders), for at least the year immediately preceding
such movement:
(a) persons working in a senior position with an organisation, who
primarily direct the management of the establishment, receiving
general supervision or direction principally from the board of
directors or stockholders of the business or their equivalent
including:
- directing the establishment of a department or sub-division of the
establishment,
- supervising and controlling the work of other supervisory,
professional or managerial employees,
- having the authority personally to recruit and dismiss or
recommend recruiting, dismissing or other personnel actions;
(b) persons working within an organisation who possess uncommon
knowledge essential to the establishment's service, research
equipment, techniques or management. The assessment of such
knowledge may reflect, apart from knowledge specific to the
establishment, a high level of qualification referring to a type of
work or trade requiring specific technical knowledge, including
membership of an accredited profession;
(c) an "intra-corporate transferee" is defined as a natural person
working within an organisation in the territory of a Party, and
being temporarily transferred in the context of pursuit of economic
activities in the territory of the other Party; the organisation
concerned must have its principal place of business in the territory
of a Party and the transfer be to an establishment (branch,
subsidiary) of that organisation, effectively pursuing like economic
activities in the territory of the other Party.
3. The entry into and the temporary presence within the territory of
the Community or the former Yugoslav Republic of Macedonia of
nationals of the former Yugoslav Republic of Macedonia and Community
nationals respectively shall be permitted, when these
representatives of companies are persons working in a senior
position, as defined in paragraph 2(a) above, within a company, and
are responsible for the setting up of a Community subsidiary or
branch of a company from the former Yugoslav Republic of Macedonia
or of a subsidiary or branch in the former Yugoslav Republic of
Macedonia of a Community company in a Community Member State or in
the former Yugoslav Republic of Macedonia respectively, when:
- those representatives are not engaged in making direct sales or
supplying services, and
- the company has its principal place of business outside the
Community or the former Yugoslav Republic of Macedonia,
respectively, and has no other representative, office, branch or
subsidiary in that Community Member State or former Yugoslav
Republic of Macedonia respectively.
Article 54
During the first four years following the date of entry into force
of this Agreement, the former Yugoslav Republic of Macedonia may
introduce measures which derogate from the provisions of this
Chapter as regards the establishment of Community companies and
nationals of certain industries which:
- are undergoing restructuring, or are facing serious difficulties,
particularly where these entail serious social problems in the
former Yugoslav Republic of Macedonia, or
- face the elimination or a drastic reduction of the total market
share held by the former Yugoslav Republic of Macedonia companies or
nationals in a given sector or industry in the former Yugoslav
Republic of Macedonia, or
- are newly emerging industries in the former Yugoslav Republic of
Macedonia.
Such measures:
(i) shall cease to apply at the latest two years after the end of
the first stage of the transitional period;
(ii) shall be reasonable and necessary in order to remedy the
situation, and
(iii) shall not introduce discrimination concerning the activities
of Community companies or nationals already established in the
former Yugoslav Republic of Macedonia at the time of introduction of
a given measure, by comparison with companies or nationals from the
former Yugoslav Republic of Macedonia.
While devising and applying such measures, the former Yugoslav
Republic of Macedonia shall grant preferential treatment wherever
possible to Community companies and nationals, and in no case
treatment less favourable than that accorded to companies or
nationals from any third country. Prior to the adoption of these
measures, the former Yugoslav Republic of Macedonia shall consult
the Stabilisation and Association Council and shall not put them
into effect before a one month period has elapsed following the
notification to the Stabilisation and Association Council of the
concrete measures to be introduced by the former Yugoslav Republic
of Macedonia, except where the threat of irreparable damage requires
the taking of urgent measures, in which case the former Yugoslav
Republic of Macedonia shall consult the Stabilisation and
Association Council immediately after their adoption.
Upon the expiry of the fourth year following the entry into force of
this Agreement the former Yugoslav Republic of Macedonia may
introduce or maintain such measures only with the authorisation of
the Stabilisation and Association Council and under conditions
determined by the latter.
CHAPTER III SUPPLY OF SERVICES
Article 55
1. The Parties undertake in accordance with the following provisions
to take the necessary steps to allow progressively the supply of
services by Community or the former Yugoslav Republic of Macedonia
companies or nationals which are established in a Party other than
that of the person for whom the services are intended.
2. In step with the liberalisation process mentioned in paragraph 1,
the Parties shall permit the temporary movement of natural persons
providing the service or who are employed by the service provider as
key personnel as defined in Article 53, including natural persons
who are representatives of a Community or the former Yugoslav
Republic of Macedonia company or national and are seeking temporary
entry for the purpose of negotiating for the sale of services or
entering into agreements to sell services for that service provider,
where those representatives will not be engaged in making direct
sales to the general public or in supplying services themselves.
3. As from the second stage of the transition period, the
Stabilisation and Association Council shall take the measures
necessary to implement progressively the provisions of paragraph 1.
Account shall be taken of the progress achieved by the Parties in
the approximation of their laws.
Article 56
1. The Parties shall not take any measures or actions which render
the conditions for the supply of services by Community and the
former Yugoslav Republic of Macedonia nationals or companies which
are established in a Party other than that of the person for whom
the services are intended significantly more restrictive as compared
to the situation existing on the day preceding the day of entry into
force of the Agreement.
2. If one Party is of the view that measures introduced by the other
Party since the entry into force of the Agreement result in a
situation which is significantly more restrictive in respect of
supply of services as compared with the situation existing at the
date of entry into force of the Agreement, such first Party may
request the other Party to enter into consultations.
Article 57
With regard to supply of transport services between the Community
and the former Yugoslav Republic of Macedonia, the following
provisions shall apply:
1. with regard to inland transport, the relationship between the
Parties is governed by the Agreement between the European Community
and the former Yugoslav Republic of Macedonia in the field of
transport entered into force on 28 November 1997. The Parties
confirm the importance they attach to the correct application of
this Agreement;
2. with regard to international maritime transport the Parties
undertake to apply effectively the principle of unrestricted access
to the market and traffic on a commercial basis.
(a) The above provision does not prejudice the rights and
obligations under the United Nations Code of Conduct for Liner
Conferences, as applied by one or the other Party to this Agreement.
Non-conference liners will be free to operate in competition with a
conference as long as they adhere to the principle of fair
competition on a commercial basis;
(b) the Parties affirm their commitment to a freely competitive
environment as being an essential of the dry and liquid bulk trade.
3. In applying the principles of paragraph 2, the Parties shall:
(a) not introduce cargo-sharing clauses in future bilateral
agreements with third countries, other than in those exceptional
circumstances where liner shipping companies from one or other Party
to this Agreement would not otherwise have an effective opportunity
to ply for trade to and from the third country concerned;
(b) prohibit cargo-sharing arrangements in future bilateral
agreements concerning dry and liquid bulk trade;
(c) abolish, upon the entry into force of this Agreement, all
unilateral measures and administrative, technical and other
obstacles that could have restrictive or discriminatory effects on
the free supply of services in international maritime transport.
4. With a view to ensuring a coordinated development and progressive
liberalisation of transport between the Parties adapted to their
reciprocal commercial needs, the conditions of mutual market access
in air transport shall be dealt with by special agreements to be
negotiated between the Parties after the entry into force of this
Agreement.
5. Prior to the conclusion of the agreement referred to in paragraph
4, the Parties shall not take any measures or actions which are more
restrictive or discriminatory as compared with the situation
existing prior to the entry into force of this Agreement.
6. During the transitional period, the former Yugoslav Republic of
Macedonia shall adapt its legislation, including administrative,
technical and other rules, to that of the Community existing at any
time in the field of air and inland transport insofar as it serves
liberalisation purposes and mutual access to markets of the Parties
and facilitates the movement of passengers and of goods.
In step with the common progress in the achievement of the
objectives of this Chapter, the Stabilisation and Association
Council shall examine ways of creating the conditions necessary for
improving freedom to provide air and inland transport services.
CHAPTER I CURRENT PAYMENTS AND MOVEMENT OF CAPITAL
Article 58
The Parties undertake to authorise, in freely convertible currency,
in accordance with the provisions of Article VIII of the Articles of
Agreement of the International Monetary Fund, any payments and
transfers on the current account of balance of payments between the
Community and the former Yugoslav Republic of Macedonia.
Article 59
1. With regard to transactions on the capital and financial account
of balance of payments, from the entry into force of the Agreement,
the Parties shall ensure the free movement of capital relating to
direct investments made in companies formed in accordance with the
laws of the host country and investments made in accordance with the
provisions of Chapter II of Title V, and the liquidation or
repatriation of these investments and of any profit stemming
therefrom.
2. With regard to transactions on the capital and financial account
of balance of payments, from the entry into force of this Agreement,
the Parties shall ensure the free movement of capital relating to
credits related to commercial transactions or to the provision of
services in which a resident of one of the Parties is participating,
and to financial loans and credits, with a maturity longer than a
year.
They shall also ensure, from the beginning of the second stage, free
movement of capital relating to portfolio investment and financial
loans and credits with a maturity shorter than a year.
3. Without prejudice to paragraph 1, the Parties shall not introduce
any new restrictions on the movement of capital and current payments
between residents of the Community and the former Yugoslav Republic
of Macedonia and shall not make the existing arrangements more
restrictive.
4. Without prejudice to the provisions of Article 58 and of this
Article, where, in exceptional circumstances, movements of capital
between the Community and the former Yugoslav Republic of Macedonia
cause, or threaten to cause, serious difficulties for the operation
of exchange rate policy or monetary policy in the Community or the
former Yugoslav Republic of Macedonia, the Community and the former
Yugoslav Republic of Macedonia, respectively, may take safeguard
measures with regard to movements of capital between the Community
and the former Yugoslav Republic of Macedonia for a period not
exceeding six months if such measures are strictly necessary.
5. The Parties shall consult each other with a view to facilitating
the movement of capital between the Community and the former
Yugoslav Republic of Macedonia in order to promote the objectives of
this Agreement.
Article 60
1. During the first stage, the Parties shall take measures
permitting the creation of the necessary conditions for the further
gradual application of Community rules on the free movement of
capital.
2. By the end of the first stage, the Stabilisation and Association
Council shall examine ways of enabling Community rules on the
movement of capital to be applied in full.
CHAPTER V GENERAL PROVISIONS
Article 61
1. The provisions of this Title shall be applied subject to
limitations justified on grounds of public policy, public security
or public health.
2. They shall not apply to activities that in the territory of
either Party are connected, even occasionally, with the exercise of
official authority.
Article 62
For the purpose of this Title, nothing in this Agreement shall
prevent the Parties from applying their laws and regulations
regarding entry and stay, employment, working conditions,
establishment of natural persons and supply of services, provided
that, in so doing, they do not apply them in such a manner as to
nullify or impair the benefits accruing to any Party under the terms
of a specific provision of this Agreement. This provision shall be
without prejudice to the application of Article 61.
Article 63
Companies which are controlled and exclusively owned jointly by the
former Yugoslav Republic of Macedonia companies or nationals and
Community companies or nationals shall also be covered by the
provisions of this Title.
Article 64
1. The Most-Favoured-Nation treatment granted in accordance with the
provisions of this Title shall not apply to the tax advantages that
the Parties are providing or will provide in the future on the basis
of agreements designed to avoid double taxation or other tax
arrangements.
2. None of the provisions of this Title shall be construed to
prevent the adoption or enforcement by the Parties of any measure
aimed at preventing the avoidance or evasion of taxes pursuant to
the tax provisions of agreements to avoid double taxation and other
tax arrangements or domestic fiscal legislation.
3. None of the provisions of this Title shall be construed to
prevent Member States or the former Yugoslav Republic of Macedonia
in applying the relevant provisions of their fiscal legislation,
from distinguishing between taxpayers who are not in identical
situations, in particular as regards their place of residence.
Article 65
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 or the former Yugoslav Republic
of Macedonia is in serious balance of payments difficulties, or
under imminent threat thereof, the Community or the former Yugoslav
Republic of Macedonia, 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 the former Yugoslav Republic of Macedonia, 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 66
The provisions of this Title shall be progressively adjusted,
notably in the light of requirements arising from Article V of the
General Agreement on Trade in Services (GATS).
Article 67
The provisions of this Agreement shall not prejudice the application
by each Party of any measure necessary to prevent the circumvention
of its measures concerning third-country access to its market
through the provisions of this Agreement.
TITLE VI APPROXIMATION OF LAWS AND LAW ENFORCEMENT
Article 68
1. The Parties recognise the importance of the approximation of the
existing and future laws of the former Yugoslav Republic of
Macedonia to those of the Community. The former Yugoslav Republic of
Macedonia shall endeavour to ensure that its laws will be gradually
made compatible with those of the Community.
3. Starting on the date of signing of the Agreement and lasting as
explained in Article 5, the approximation of laws shall extend to
certain fundamental elements of the Internal Market acquis as well
as to other trade-related areas, along a programme to be defined in
coordination with the Commission of the European Communities. The
former Yugoslav Republic of Macedonia will also define, in
coordination with the Commission of the European Communities, the
modalities for the monitoring of the implementation of approximation
of legislation and law enforcement actions to be taken, including
reform of the judiciary.
Deadlines will be set for competition law, intellectual property
law, standards and certification law, public procurement law and
data protection law. Legal approximation in other sectors of the
internal market will be an obligation to be met at the end of the
transition period.
4. During the second stage of the transitional period laid down in
Article 5 the approximation of laws shall extend to the elements of
the acquis that are not covered by the previous paragraph.
Article 69
Competition and other economic provisions
1. The following are incompatible with the proper functioning of the
Agreement, insofar as they may affect trade between the Community
and the former Yugoslav Republic of Macedonia:
(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 the former Yugoslav Republic of
Macedonia as a whole or in a substantial part thereof;
(iii) any public 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 rules of
Articles 81, 82 and 87 of the Treaty establishing the European
Community.
3. (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
the former Yugoslav Republic of Macedonia shall be assessed taking
into account the fact that the former Yugoslav Republic of Macedonia
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) Each Party shall ensure transparency in the area of public aid,
inter alia by reporting annually to the other Party on the total
amount and the distribution of the aid given and by providing, upon
request, information on aid schemes. Upon request by one Party, the
other Party shall provide information on particular individual cases
of public aid.
Each Party shall ensure that the provisions of this Article are
applied within five years of the Agreement's entry into force.
4. With regard to products referred to in Chapter II of Title IV:
- 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.
5. If the Community or the former Yugoslav Republic of Macedonia
considers that a particular practice is incompatible with the terms
of paragraph 1, and:
- if such practice causes or threatens to cause serious injury to
the interests of the other Party or material injury to its domestic
industry, including its services industry, it may take appropriate
measures after consultation within the Stabilisation and Association
Council or after thirty working days following referral for such
consultation.
In the case of practices incompatible with paragraph 1(iii), such
appropriate measures may, where the WTO Agreement applies thereto,
only be adopted in accordance with the procedures and under the
conditions laid down thereby or the relevant Community internal
legislation.
6. The Parties shall exchange information taking into account the
limitations imposed by the requirements of professional and business
confidentiality.
Article 70
With regard to public undertakings, and undertakings to which
special or exclusive rights have been granted, each Party shall
ensure that as from the third year following the date of entry into
force of this Agreement, the principles of the Treaty establishing
the European Community, in particular Article 86 thereof, are
upheld.
Article 71
Intellectual, industrial and commercial property
1. Pursuant to the provisions of this Article and Annex VII, the
Parties confirm the importance that they attach to ensure adequate
and effective protection and enforcement of intellectual, industrial
and commercial property rights.
2. The former Yugoslav Republic of Macedonia shall take the
necessary measures in order to guarantee no later than five 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 former Yugoslav Republic of Macedonia undertakes to accede,
within the period referred above, to the multilateral conventions on
intellectual, industrial and commercial property rights referred to
in Annex VII.
If problems in the area of intellectual, industrial and commercial
property affecting trading conditions occur, they shall be referred
urgently to the Stabilisation and Association Council, at the
request of either Party, with a view to reaching mutually
satisfactory solutions.
Article 72
Public contracts
1. The Parties consider the opening-up of the award of public
contracts on the basis of non-discrimination and reciprocity, in
particular in the WTO context, to be a desirable objective.
2. The companies of the former Yugoslav Republic of Macedonia,
whether established or not in the Community, shall be granted access
to contract award procedures in the Community pursuant to Community
procurement rules under treatment no less favourable than that
accorded to Community companies as from the entry into force of this
Agreement.
The above provisions will also apply to contracts in the utilities
sector once the government of the former Yugoslav Republic of
Macedonia has adopted the legislation introducing the Community
rules in this area. The Community shall examine periodically whether
the former Yugoslav Republic of Macedonia has indeed introduced such
legislation.
Community companies not established in the former Yugoslav Republic
of Macedonia shall be granted access to contract award procedures in
the former Yugoslav Republic of Macedonia pursuant to the Law on
Public Procurement under treatment no less favourable than that
accorded to companies of the former Yugoslav Republic of Macedonia
at the latest five years after the entry into force of this
Agreement. Community companies established in the former Yugoslav
Republic of Macedonia under the provisions of Chapter II of Title V
shall have, upon entry into force of this Agreement, access to
contract award procedures under treatment no less favourable than
that accorded to companies of the former Yugoslav Republic of
Macedonia.
The Stabilisation and Association Council shall periodically examine
the possibility for the former Yugoslav Republic of Macedonia to
introduce access to award procedures in the former Yugoslav Republic
of Macedonia for all Community companies.
3. As regards establishment, operations, supply of services between
the Community and the former Yugoslav Republic of Macedonia, and
also employment and movement of labour linked to the fulfilment of
public contracts, the provisions of Articles 44 to 67 are
applicable.
Article 73
Standardisation, metrology, accreditation and conformity assessment
1. The former Yugoslav Republic of Macedonia shall take the
necessary measures in order to gradually achieve conformity with
Community technical regulations and European standardisation,
metrology, accreditation and conformity assessment procedures.
2. To this end, the Parties shall seek:
- to promote the use of Community technical regulations and European
standards, tests and conformity assessment procedures,
- to conclude, where appropriate, European Conformity Assessment
Protocols,
- to foster the development of the quality infrastructure:
standardisation, metrology, accreditation and conformity assessment,
- to promote participation in the work of specialised European
organisations (CEN, CENELEC, ETSI, EA, WELMEC, EUROMED, etc.).
TITLE VII JUSTICE AND HOME AFFAIRS
Article 74
Reinforcement of institutions and rule of law
In their cooperation in justice and home affairs the Parties will
attach particular importance to the reinforcement of institutions at
all levels in the areas of administration in general and law
enforcement and the machinery of justice in particular. This
includes the consolidation of the rule of law. Cooperation in the
field of justice will focus in particular on the independence of the
judiciary, the improvement of its effectiveness and training of the
legal professions.
Article 75
Visa, border control, asylum and migration
1. The Parties shall cooperate in the areas of visa, border control,
asylum and migration and will set up a framework for cooperation,
including at a regional level, in these fields.
2. Cooperation in the matters referred to in paragraph 1 shall be
based on mutual consultations and close coordination between the
Parties and should include technical and administrative assistance
for:
- exchange of information on legislation and practices,
- the drafting of legislation,
- enhancing the efficiency of the institutions,
- training of staff,
- security of the travel documents and detection of false documents.
3. Cooperation will focus in particular:
- in the area of asylum, on the development and implementation of
national legislation to meet the standards of the 1951 Geneva
Convention and thereby to ensure that the principle of
non-refoulement is respected,
- in the field of legal migration, on admission rules and rights and
status of the persons admitted. In relation to migration, the
Parties agree to the fair treatment of nationals of other countries
who reside legally on their territories and to promote an
integration policy aiming at granting them rights and obligations
comparable to those of their citizens.
The Stabilisation and Association Council can recommend additional
subjects for cooperation under this Article.
Article 76
Prevention and control of illegal immigration; readmission
1. The Parties agree to cooperate in order to prevent and control
illegal immigration. To this end:
- the former Yugoslav Republic of Macedonia agrees to readmit any of
its nationals illegally present on the territory of a Member State,
upon request by the latter and without further formalities once such
persons have been positively identified as such,
- and each Member State of the European Union agrees to readmit any
of its nationals illegally present on the territory of the former
Yugoslav Republic of Macedonia, upon request by the latter and
without further formalities once such persons have been positively
identified as such.
The Member States of the European Union and the former Yugoslav
Republic of Macedonia will provide their nationals with appropriate
identity documents and will extend to them the administrative
facilities necessary for such purposes.
2. The Parties agree to conclude, upon request, an agreement between
the former Yugoslav Republic of Macedonia and the European Community
regulating the specific obligations for the former Yugoslav Republic
of Macedonia and for the Member States of the European Union for
readmission, including an obligation for the readmission of
nationals of other countries and stateless persons.
3. Pending the conclusion of the agreement with the Community
referred to in paragraph 2, the former Yugoslav Republic of
Macedonia agrees to conclude, upon request of a Member State,
bilateral agreements with individual Member States of the European
Union regulating the specific obligations for readmission between
the former Yugoslav Republic of Macedonia and the Member State
concerned, including an obligation for the readmission of nationals
of other countries and stateless persons.
4. The Stabilisation and Association Council shall examine what
other joint efforts can be made to prevent and control illegal
immigration, including the trafficking in human beings.
Article 77
Combating money laundering
1. The Parties agree on the necessity of making every effort and
cooperating in order to prevent the use of their financial systems
for laundering of proceeds from criminal activities in general and
drug offences in particular.
2. Cooperation in this area may include administrative and technical
assistance with the purpose to develop the implementation of
regulations and efficient functioning of the suitable standards and
mechanisms to combat money laundering equivalent to those adopted by
the Community and international fora in this field.
Article 78
Preventing and combating crime and other illegal activities
1. The Parties agree to cooperate on fighting and preventing
criminal and illegal activities, organised or otherwise, such as:
- trafficking in human beings,
- illegal economic activities, and in particular corruption, illegal
transactions on products such as industrial waste, radioactive
material and transactions involving illegal or counterfeit products,
- illicit trafficking in drugs and psychotropic substances,
- smuggling,
- illicit arms trafficking,
- terrorism.
Cooperation in the above matters will be the subject of
consultations and close coordination between the parties.
2. The technical and administrative assistance in this field may
include:
- the drafting of national legislation in the field of criminal law,
- enhancing the efficiency of the institutions charged with fighting
and preventing crime,
- staff training and the development of investigative facilities,
- the formulation of measures to prevent crime.
Article 79
Cooperation on illicit drugs
1. Within their respective powers and competencies, the Parties
shall cooperate to ensure a balanced and integrated approach towards
drugs. Drug policies and actions shall be aimed at reducing the
supply, trafficking and demand of illicit drugs as well as at a more
effective control of precursors.
2. The Parties shall agree on the necessary methods of cooperation
to attain these objectives. Actions shall be based on commonly
agreed principles along the lines of the EU Drug Strategy.
3. The cooperation between the Parties shall comprise technical and
administrative assistance in particular in the following areas:
drafting of national legislation and policies; establishment of
institutions and information centres; training of personnel; drug
related research; and the prevention of diversion of precursors used
for the illicit manufacture of drugs. The Parties may agree to
include other areas.
TITLE VIII COOPERATION POLICIES
Article 80
1. The Community and the former Yugoslav Republic of Macedonia shall
establish a close cooperation aimed at contributing to the
development and growth potential of the former Yugoslav Republic of
Macedonia. Such cooperation shall strengthen existing economic links
on the widest possible foundation, to the benefit of both Parties.
2. Policies and other measures will be designed to bring about the
economic and social development of the former Yugoslav Republic of
Macedonia. These policies should ensure that environmental
considerations are also fully incorporated from the outset and that
they are linked to the requirements of harmonious social
development.
3. Cooperation policies shall be integrated into a regional
framework of cooperation. Special attention will have to be devoted
to measures that can foster cooperation between the former Yugoslav
Republic of Macedonia and its neighbouring countries including
Member States, thus contributing to regional stability. The
Stabilisation and Association Council may define priorities between
and within the cooperation policies described hereinafter.
Article 81
Economic policy
1. The Community and the former Yugoslav Republic of Macedonia shall
facilitate the process of economic reform by cooperating to improve
understanding of the fundamentals of their respective economies and
of implementing economic policy in market economies.
2. To these ends the Community and the former Yugoslav Republic of
Macedonia shall cooperate to:
- exchange information on macroeconomic performance and prospects
and on strategies for development,
- analyse jointly economic issues of mutual interest, including the
framing of economic policy and the instruments for implementing it.
3. At the request of the authorities of the former Yugoslav Republic
of Macedonia, the Community may provide assistance designed to
support the efforts of the former Yugoslav Republic of Macedonia
towards the introduction of full convertibility of the Denar and the
gradual development of its policies towards those of the European
Monetary System. Cooperation in this area will include informal
exchange of information concerning the principles and the
functioning of the European Monetary System and the European System
of Central Banks.
Article 82
Statistical cooperation
1. Cooperation in the area of statistics shall aim at the
development of an efficient and sustainable statistical system
capable of providing in due time reliable, objective and accurate
data needed to plan and monitor the process of transition and reform
in the former Yugoslav Republic of Macedonia. It shall enable the
national statistical system coordinated by the State Statistical
Office to meet better the needs of its customers, both public
administration and private businesses. The statistical system is to
respect the fundamental principles of statistics issued by the
United Nations and the stipulations of the European Statistical law
and develop towards the acquis communautaire in statistics.
2. To this end the Parties may cooperate in particular:
- to promote the development of an efficient statistical service in
the former Yugoslav Republic of Macedonia based on an appropriate
institutional framework,
- to develop and maintain national capacity for collecting,
processing and disseminating statistical information of high quality
using modern technologies in the most efficient way,
- to provide private and public sector economic operators and the
research community with the appropriate socio-economic data needed
to monitor state reforms,
- to enable the national statistical system to adopt the principles
and standards of the European statistical system,
- to ensure the confidentiality of individual data.
3. Cooperation in this field shall include, but not limited to,
providing information on methods, participation in selected EUROSTAT
working groups and exchange of statistical data.
Article 83
Banking, insurance and other financial services
1. The Parties shall cooperate with the aim of establishing and
developing a suitable framework for the encouragement of banking,
insurance and financial services sector in the former Yugoslav
Republic of Macedonia.
The cooperation shall focus on:
- the adoption of a common accounting system compatible with
European standards,
- the strengthening and restructuring of the banking, insurance and
other financial sectors,
- the improvement of supervision and regulation of banking and other
financial services,
- the exchange of information in particular in respect of proposed
legislation,
- the preparation of translations and terminology glossaries.
2. The Parties shall cooperate with the aim of developing efficient
audit systems in the former Yugoslav Republic of Macedonia following
the harmonised Community methods and procedures.
Cooperation shall focus on:
- technical assistance to the Office of Auditors in the former
Yugoslav Republic of Macedonia,
- the establishment of internal audit units in official agencies,
- the exchange of information with regard to auditing systems,
- the standardisation of audit documentation,
- training and advisory operations.
Article 84
Investment promotion and protection
1. Cooperation between the Parties shall be aimed at establishing a
favourable climate for private investment, both domestic and
foreign.
2. The particular aims of cooperation shall be:
- for the former Yugoslav Republic of Macedonia to improve a legal
framework which favours and protects investment,
- the conclusion, where appropriate, with Member States of bilateral
agreements for the promotion and protection of investment,
- the implementation of suitable arrangements for the transfer of
capital,
- the improvement of investment protection.
Article 85
Industrial cooperation
1. Cooperation shall be aimed at promoting the modernisation and
restructuring of the industry and individual sectors in the former
Yugoslav Republic of Macedonia, as well as industrial cooperation
between economic operators of both sides, with the particular
objective of strengthening the private sector under conditions that
ensure that the environment is protected.
2. Industrial cooperation initiatives will reflect the priorities
determined by both Parties. They will take into account the regional
aspects of industrial development, promoting trans-national
partnerships when relevant. The initiatives should seek in
particular to establish a suitable framework for undertakings, to
improve management know-how and to promote markets, market
transparency and the business environment.
Article 86
Small and medium-sized enterprises
The Parties shall aim to develop and strengthen private sector small
and medium-sized enterprises (SMEs), the establishment of new
undertakings in areas offering potential for growth and cooperation
between SMEs in the Community and the former Yugoslav Republic of
Macedonia.
Article 87
Tourism
Cooperation between the Parties in the field of tourism will be
aimed at facilitating and encouraging tourism and tourist trade
through know-how transfer, participation of the former Yugoslav
Republic of Macedonia in important European tourism organisations
and studying the opportunities for joint operations, notably in
regional tourism projects.
Article 88
Customs
1. The aim of cooperation shall be to guarantee compliance with all
the provisions scheduled for adoption in the area of trade and to
achieve the approximation of the customs system of the former
Yugoslav Republic of Macedonia to that of the Community, thus
helping to pave the way for liberalisation measures planned under
this Agreement.
2. Cooperation shall include the following in particular:
- the exchange of information including on the methods of
investigation,
- the development of cross-border infrastructure between the
Parties,
- the possibility of interconnection between the transit systems of
the Community and the former Yugoslav Republic of Macedonia, as well
as the adoption and use of the Single Administrative Document (SAD),
- the simplification of inspections and formalities in respect of
the carriage of goods,
- support for introduction of modern customs information systems.
3. Without prejudice to further cooperation provided for in this
Agreement, and in particular Articles 76, 77 and 78, mutual
assistance between administrative authorities in customs matters of
the Parties shall take place in accordance with the provisions of
Protocol 5.
Article 89
Taxation
The Parties will establish cooperation in the field of taxation
including measures aiming at the further reform of the fiscal
system, the modernisation of the tax services with a view to
ensuring effectiveness of tax collection and the fight against
fiscal fraud.
Article 90
Social cooperation
1. With regard to employment, cooperation between the Parties shall
focus notably on upgrading job-finding and careers advice services,
providing back-up measures and promoting local development to assist
industrial and labour market restructuring. It shall also include
measures such as studies, the secondment of experts and information
and training operations.
2. With regard to social security, cooperation between the Parties
shall seek to adapt the social security system of the former
Yugoslav Republic of Macedonia to the new economic and social
requirements, notably by providing the services of experts and
organising information and training activities.
3. Cooperation between the Parties will involve the adjustment of
legislation in the former Yugoslav Republic of Macedonia concerning
working conditions and equal opportunities for women and men.
4. The Parties shall develop cooperation between them with the aim
of improving the level of protection of the health and safety of
workers, taking as a reference the level of protection existing in
the Community.
Article 91
Education and training
1. The Parties shall cooperate with the aim of raising the level of
general education and professional qualifications in the former
Yugoslav Republic of Macedonia taking into consideration the
priorities of the former Yugoslav Republic of Macedonia.
2. The Tempus programme will contribute to strengthening cooperation
between the two Parties in the field of education and training,
promoting democracy, the rule of law and economic reform.
3. The European Training Foundation will also contribute to the
upgrading of training structures and activities in the former
Yugoslav Republic of Macedonia.
Article 92
Cultural cooperation
The Parties undertake to promote cultural cooperation. This
cooperation serves, inter alia, to raise mutual understanding and
esteem between individuals, communities and peoples.
Article 93
Information and communication
The Community and the former Yugoslav Republic of Macedonia will
take the measures necessary to stimulate the mutual exchange of
information. Priority will be given to programmes aimed at providing
the general public with basic information about the Community and
professional circles in the former Yugoslav Republic of Macedonia
with more specialised information.
Article 94
Cooperation in the audio-visual field
The Parties shall cooperate to promote the audio-visual industry in
Europe and encourage co-production in the fields of cinema and
television.
The Parties will coordinate, and where appropriate, harmonise their
policies on the regulation of content aspects of cross-border
broadcasting, paying particular attention to matters relating to the
acquisition of intellectual property rights for programmes and
broadcast by satellite or cable.
Article 95
Electronic communications infrastructure and associated services
The Parties will strengthen cooperation in the area of electronic
communications infrastructures, including classical
telecommunications networks and relevant electronic audio-visual
transport networks, and associated services, with the objective of
ultimate alignment with the acquis by the former Yugoslav Republic
of Macedonia one year after the entry into force of the Agreement.
The abovementioned cooperation will focus on the following priority
areas:
- policy development,
- legal and regulatory aspects,
- institution building required for a liberalised environment,
- modernisation of the former Yugoslav Republic of Macedonia's
electronic infrastructure and its integration into European and
world networks, with a focus on improvements at a regional level,
- international cooperation,
- cooperation within European structures especially those involved
in standardisation,
- coordinating positions in international organisations and fora.
Article 96
Information Society
The Parties agree to strengthen cooperation with the objective of
further developing the Information Society in the former Yugoslav
Republic of Macedonia. Global objectives will be preparing society
as a whole for the digital age, attracting investments and
interoperability of networks and services.
The authorities of the former Yugoslav Republic of Macedonia, with
the assistance of the Community, will review carefully any political
commitment undertaken in the European Union with the objective of
aligning its own policies on those of the Union.
The authorities of the former Yugoslav Republic of Macedonia will
establish a plan for the adoption of Community legislation in the
area of the Information Society.
Article 97
Consumer protection
The Parties will cooperate in order to align the standards of
consumer protection in the former Yugoslav Republic of Macedonia on
those of the Community. Effective consumer protection is necessary
in order to ensure that the market economy functions properly, and
this protection will depend on the development of an administrative
infrastructure in order to ensure market surveillance and law
enforcement in this field.
To that end, and in view of their common interests, the Parties will
encourage and ensure:
- the harmonisation of legislation and the alignment of consumer
protection in the Republic of Macedonia on that in force in the
Community,
- a policy of active consumer protection including the increase of
information and development of independent organisations,
- effective legal protection for consumers in order to improve the
quality of consumer goods and maintain appropriate safety standards.
Article 98
Transport
1. In addition to the Agreement between the European Community and
the former Yugoslav Republic of Macedonia in the field of transport,
the Parties shall develop and step up the cooperation in order to
enable the former Yugoslav Republic of Macedonia to:
- restructure and modernise transport and related infrastructure,
- improve movement of passengers and goods and access to the
transport market, by the removing of administrative, technical and
other barriers,
- achieve operating standards comparable to those in the Community,
- develop a transport system compatible with and aligned on the
Community system,
- improve the protection of environment in transport, reduction of
harmful effects and pollution.
2. Cooperation shall include the following priority areas:
- the development of road, rail, airport and port infrastructure and
other major routes of common interest and Trans-European and
Pan-European links,
- the management of railways and airports, including appropriate
cooperation between the relevant national authorities,
- road transport, including taxation and social and environmental
aspects,
- combined rail and road transport,
- the harmonisation of international transport statistics,
- the modernisation of technical transport equipment in line with
Community standards, and assistance in acquiring financing to that
end, particularly as regards road-rail transport, multi-modal
transport and transhipment,
- the promotion of joint technological and research programmes,
- the adoption of coordinated transport policies that are compatible
with those applied in the Community.
Article 99
Energy
1. Cooperation will reflect the principles of the market economy and
the European Energy Charter Treaty, and will develop with a view to
the gradual integration of Europe's energy markets.
2. Cooperation shall include the following in particular:
- formulation and planning of energy policy, including modernisation
of infrastructure, improvement and diversification of supply and
improvement of access to the energy market, including facilitation
of transit,
- management and training for the energy sector and transfer of
technology and know-how,
- the promotion of energy saving, energy efficiency, renewable
energy and studying the environmental impact of energy production
and consumption,
- the formulation of framework conditions for restructuring of
energy utilities and cooperation between undertakings in this
sector.
Article 100
Agriculture, and the agro-industrial sector
Cooperation in this field shall have as its aim the modernisation
and restructuring of agriculture and the agro-industrial sector,
water management, rural development, the gradual harmonisation of
veterinary and phytosanitary legislation with Community standards
and the development of fishery and forestry sectors in the former
Yugoslav Republic of Macedonia.
Article 101
Regional and local development
The Parties will strengthen regional development cooperation, with
the objective of contributing to economic development and reducing
regional imbalances.
Specific attention will be given to cross-border, trans-national and
interregional cooperations. To this end, the exchange of information
and experts may be undertaken.
Article 102
Cooperation in research and technological development
1. The Parties shall promote bilateral cooperation in civil
scientific research and technological development (RTD) on the basis
of mutual benefit and, taking into account the availability of
resources, adequate access to their respective programmes, subject
to appropriate levels of effective protection of intellectual,
industrial and commercial property rights (IPR).
2. Science and technology cooperation shall cover:
- the exchange of scientific and technical information,
- the organisation of joint scientific meetings,
- joint RTD activities,
- training activities and mobility programmes for scientists,
researchers and technicians engaged in RTD on both sides.
3. Such cooperation shall be implemented according to specific
arrangements to be negotiated and concluded in accordance with the
procedures adopted by each Party, and which shall set out, inter
alia, appropriate IPR provisions.
Article 103
Environment and nuclear safety
1. The Parties shall develop and strengthen their cooperation in the
vital task of combating environmental degradation, with the view to
supporting environmental sustainability.
2. Cooperation could centre on the following priorities:
- combating local, regional and cross-border pollution (air, water
quality, including waste water treatment and drinking water
pollution) and establishing effective monitoring,
- development of strategies with regard to global and climate
issues,
- efficient, sustainable and clean energy production and
consumption, safety of industrial plants,
- classification and safe handling of chemicals,
- waste reduction, recycling and safe disposal, and the
implementation of the Basle Convention on the control of
transboundary movements of hazardous wastes and their disposal
(Basle 1989),
- the environmental impact of agriculture; soil erosion and
pollution by agricultural chemicals,
- the protection of forests, the flora and fauna; the conservation
of bio-diversity,
- town and country planning, including construction and urban
planning,
- environmental impact assessment and strategic environmental
assessment,
- continuous approximation of laws and regulations to Community
standards,
- international Conventions in the area of environment to which the
Community is Party,
- cooperation at regional level as well as cooperation within the
framework of the European Environment Agency,
- education, information and awareness on environmental issues.
3. In the field of protection against natural disasters, the aim of
cooperation is to ensure the protection of people, animals, property
and environment against man-made disasters. To this end the
cooperation could include the following areas:
- exchange of the outcome of scientific and research development
projects,
- mutual monitoring, early notification and warning systems on
hazards, disasters and their consequences,
- rescue and relief exercises and assistance systems in case of
disasters,
- exchange of experience in rehabilitation and reconstruction after
disaster.
4. Cooperation in the field of nuclear safety could cover the
following topics:
- upgrading the laws and regulations of the former Yugoslav Republic
of Macedonia on nuclear safety and strengthening the supervisory
authorities and their resources,
- radiation protection, including environmental radiation
monitoring,
- radioactive waste management: the former Yugoslav Republic of
Macedonia undertakes to provide to the Stabilisation and Association
Council information concerning any intention to import or store
radioactive waste,
- encouraging the promotion of Agreements between the EU Member
States, or Euratom, and the former Yugoslav Republic of Macedonia on
early notification of information in cases of nuclear accidents and
on nuclear safety issues generally, if appropriate,
- strengthening the supervision and control on the transport of
materials sensitive to radioactive pollution.
TITLE IX FINANCIAL COOPERATION
Article 104
In order to achieve the objectives of this Agreement and in
accordance with Articles 3, 108 and 109 the former Yugoslav Republic
of Macedonia may receive financial assistance from the Community in
the forms of grants and loans, including loans from the European
Investment Bank.
Article 105
Financial assistance, in the form of grants, shall be covered by the
operation measures provided for in the relevant Council Regulation
within a multi-annual indicative framework established by the
Community following consultations with the former Yugoslav Republic
of Macedonia.
The overall objectives of the assistance, in the form of
institution-building and investment, shall contribute to the
democratic, economic and institutional reforms of the former
Yugoslav Republic of Macedonia, in line with the Stabilisation and
Association process. Financial assistance may cover all areas of
harmonisation of legislation and cooperation policies of this
Agreement, including Justice and Home Affairs.
Consideration should be given to the full implementation of the
infrastructure projects of common interest identified in the
Transport Agreement.
Article 106
At the request of the former Yugoslav Republic of Macedonia and in
case of special need, the Community could examine in coordination
with international financial institutions, the possibility of
granting on an exceptional basis macro-financial assistance subject
to certain conditions taking into account the availability of all
financial resources.
Article 107
In order to permit optimum use of the resources available, the
parties shall ensure that Community contributions are made in close
coordination with those from other sources such as the Member
States, other countries and international financial institutions.
To this effect, information on all sources of assistance shall be
exchanged regularly between the Parties.
TITLE X INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 108
A Stabilisation and Association Council is hereby established which
shall supervise the application and implementation of this
Agreement. It shall meet at an appropriate level at regular
intervals and when circumstances require. It shall examine any major
issues arising within the framework of this Agreement and any other
bilateral or international issues of mutual interest.
Article 109
1. The Stabilisation and Association Council shall consist of the
members of the Council of the European Union and members of the
Commission of the European Communities, on the one hand, and of
members of the Government of the former Yugoslav Republic of
Macedonia, on the other.
3. Members of the Stabilisation and Association Council may arrange
to be represented, in accordance with the conditions to be laid down
in its rules of procedure.
4. The Stabilisation and Association Council shall be chaired in
turn by a representative of the European Community and a
representative of the former Yugoslav Republic of Macedonia, in
accordance with the provisions to be laid down in its rules of
procedure.
5. In matters that concern it, the European Investment Bank shall
take part, as an observer, in the work of the Stabilisation and
Association Council.
Article 110
The Stabilisation and Association Council shall, for the purpose of
attaining the objectives of this Agreement, 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 the decisions
taken. When deciding on the transition to the second stage, as
provided for in Article 5, the Stabilisation and Association Council
may also decide on any possible changes to be brought about as
regards the content of the provisions governing the second stage.
In its rules of procedure the Stabilisation and Association Council
shall determine the duties of the Stabilisation and Association
Committee, which shall include the preparation of meetings of the
Stabilisation and Association Council, and shall determine how the
Committee shall function.
The Stabilisation and Association Council may delegate to the
Stabilisation and Association Committee any of its powers. In this
event the Stabilisation and Association Committee shall take its
decisions in accordance with the conditions laid down in this
Article.
The Stabilisation and Association Council may also make appropriate
recommendations.
It shall draw up its decisions and recommendations by agreement
between the Parties.
Article 111
Each Party may refer to the Stabilisation and Association Council
any dispute relating to the application or interpretation of this
Agreement. The Stabilisation and Association Council may settle the
dispute by means of a binding decision.
Article 112
The Stabilisation and Association Council shall be assisted in the
performance of its duties by a Stabilisation and Association
Committee, composed of representatives of the Council of the
European Union and of representatives of the Commission of the
European Communities, on the one hand, and of representatives of the
former Yugoslav Republic of Macedonia on the other.
Article 113
The Stabilisation and Association Committee may create
subcommittees. The Transport Committee established under the
Transport Agreement shall assist the Stabilisation and Association
Committee.
Article 114
A Stabilisation and Association Parliamentary Committee is hereby
established. It shall be a forum for Members of the former Yugoslav
Republic of Macedonian Parliament and the European Parliament to
meet and exchange views. It shall meet at intervals that it shall
itself determine.
The Stabilisation and Association Parliamentary Committee shall
consist of members of the European Parliament, on the one hand, and
of Members of the Parliament of the former Yugoslav Republic of
Macedonia, on the other.
The Stabilisation and Association Parliamentary Committee shall
establish its rules of procedure.
The Stabilisation and Association Parliamentary Committee shall be
chaired in turn by the European Parliament and the Parliament of the
former Yugoslav Republic of Macedonia, in accordance with the
provisions to be laid down in its rules of procedure.
Article 115
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 116
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 117
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
- the arrangements applied by the former Yugoslav Republic of
Macedonia in respect of the Community shall not give rise to any
discrimination between the Member States, their nationals or their
companies or firms,
- the arrangements applied by the Community in respect of the former
Yugoslav Republic of Macedonia shall not give rise to any
discrimination between the nationals of the former Yugoslav Republic
of Macedonia or its 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 118
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 Stabilisation and Association Council with all
relevant information required for a thorough examination of the
situation with a view to seeking a solution acceptable to the
Parties.
In the selection of measures, priority must be given to those which
least disturb the functioning of this Agreement. These measures
shall be notified immediately to the Stabilisation and Association
Council and shall be the subject of consultations within the
Stabilisation and Association Council if the other Party so
requests.
Article 119
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 30, 37, 38 and 42.
Article 120
This Agreement shall not, until equivalent rights for individuals
and economic operators have been achieved under this Agreement,
affect rights ensured to them through existing agreements binding
one or more Member States, on the one hand, and the former Yugoslav
Republic of Macedonia, on the other.
Article 121
Protocols 1, 2, 3, 4 and 5 and Annexes I to VII shall form an
integral part of this Agreement.
Article 122
This Agreement is concluded for an unlimited period.
Either Party may denounce this Agreement by notifying the other
Party. This Agreement shall cease to apply six months after the date
of such notification.
Article 123
For the purposes of this Agreement, the term "Parties" shall mean
the Community, or its Member States, or the Community and its Member
States, in accordance with their respective powers, of the one part,
and the former Yugoslav Republic of Macedonia, of the other part.
Article 124
This Agreement shall apply, on the one hand, to the territories in
which the Treaties establishing the European Community, the European
Coal and Steel Community and the European Atomic Energy Community
are applied and under the conditions laid down in those Treaties,
and to the territory of the former Yugoslav Republic of Macedonia on
the other.
Article 125
The Secretary General of the Council of the European Union shall be
the depository of the Agreement.
Article 126
This Agreement is drawn up in duplicate each of the official
languages of the Parties, each of these texts being equally
authentic.
Article 127
The Parties shall approve this Agreement in accordance with their
own procedures.
This Agreement shall enter into force on the first day of the second
month following the date on which the Parties notify each other that
the procedures referred to in the first paragraph have been
completed.
Upon its entry into force, this Agreement shall replace the
Cooperation Agreement between the European Community and the former
Yugoslav Republic of Macedonia signed on 29 April 1997 by way of
Exchange of Letters.
Article 128
Interim Agreement
In the event that, pending the completion of the procedures
necessary for the entry into force of this Agreement, the provisions
of certain parts of this Agreement, in particular those relating to
the free movement of goods, are put into effect by means of an
Interim Agreement between the Community and the former Yugoslav
Republic of Macedonia, the Parties agree that, in such
circumstances, for the purpose of Title IV, Articles 69, 70 and 71
of this Agreement and Protocol 1 to 5 hereto, the terms "date of
entry into force of this Agreement" mean the date of entry into
force of the Interim Agreement in relation to obligations contained
in these Articles and Protocols.
(1) ex 1902 20 is "stuffed pasta containing more than 20 % by weight
of fish, crustaceans, molluscs or other aquatic invertebrates".
INDEX OF ANNEXES
>TABLE POSITION>
ANNEX I
Imports into the former Yugoslav Republic of Macedonia of less
sensitive industrial goods originating in the Community
(Referred to in Article 18(2))
>TABLE POSITION>
ANNEX II
Imports into the former Yugoslav Republic of Macedonia of sensitive
industrial goods originating in the Community
(Referred to in Article 18(3))
Customs duties on imports into the former Yugoslav Republic of
Macedonia of goods originating in the Community which are listed in
this Annex shall be progressively reduced in accordance with the
following timetable:
- on 1 January of the third year after the entry into force of the
Agreement each duty shall be reduced to 80 % of the basic duty;
- on 1 January of the fifth year after the entry into force of the
Agreement each duty shall be reduced to 70 % of the basic duty;
- on 1 January of the sixth year after the entry into force of the
Agreement each duty shall be reduced to 60 % of the basic duty;
- on 1 January of the seventh year after the entry into force of the
Agreement each duty shall be reduced to 50 % of the basic duty;
- on 1 January of the eighth year after the entry into force of the
Agreement each duty shall be reduced to 40 % of the basic duty;
- on 1 January of the ninth year after the entry into force of the
Agreement each duty shall be reduced to 20 % of the basic duty;
- on 1 January of the tenth year after the entry into force of the
Agreement the remaining duties shall be abolished.
>TABLE POSITION>
ANNEX III
EC definition of "baby beef" products
(Referred to in Article 27(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)
Imports into the former Yugoslav Republic of Macedonia of
agricultural goods originating in the Community (zero-duty tariff)
(Referred to in Article 27(3)(a))
>TABLE POSITION>
ANNEX IV(b)
Imports into the former Yugoslav Republic of Macedonia of
agricultural goods originating in the Community (zero-duty tariff
within tariff quotas)
(Referred to in Article 27(3)(b))
>TABLE POSITION>
ANNEX IV(c)
Imports into the former Yugoslav Republic of Macedonia of
agricultural goods originating in the Community (concessions within
tariff quotas)
(Referred to in Article 27(3)(c))
>TABLE POSITION>
ANNEX V(a)
Imports into the Community of fish and fisheries products
originating in the former Yugoslav Republic of Macedonia
(Referred to in Article 28(1))
>TABLE POSITION>
ANNEX V(b)
Imports into the former Yugoslav Republic of Macedonia of fish and
fisheries products originating in the Community
(Referred to in Article 28(2))
>TABLE POSITION>
ANNEX VI
Establishment: financial services
(Referred to in Title V, Chapter II Articles 47 and 49)
Financial Services: Definitions
A financial service is any service of a financial nature offered by
a financial service provider of a Party.
Financial services include the following activities:
A. All insurance and insurance-related services:
4. services auxiliary to insurance, such as consultancy, actuarial,
risk assessment and claim settlement services;
B. Banking and other financial services (excluding insurance):
2. lending of all types, including, inter alia, consumer-credit,
mortgage credit, factoring and financing of commercial transaction;
4. all payment and money transmission services, including credit
charge and debit cards, travellers cheques and bankers draft;
6. trading for own account of customers, whether on an exchange, in
an over the counter market or otherwise, the following:
(a) money market instruments (cheques, bills, certificates of
deposits, etc.),
(b) foreign exchange,
(c) derivative products including, but not limited to, futures and
options,
(d) exchange rates and interest rate instruments, including products
such as swaps, forward rate agreements, etc.,
(e) transferable securities,
(f) other negotiable instruments and financial assets, including
bullion;
7. participation in issues of all kinds of securities, including
underwriting and placement as agent (whether publicly or privately)
and provision of services related to such issues;
9. asset management, such as cash or portfolio management, all forms
of collective investment management, pension-fund management,
custodial depository and trust services;
10. settlement and clearing services for financial assets, including
securities, derivative products, and other negotiable instruments;
11. advisory intermediation and other auxiliary financial services
on all the activities listed in points 1 to 10 above, including
credit reference and analysis, investment and portfolio research and
advice, advice on acquisitions and on corporate restructuring and
strategy;
12. provision and transfer of financial information, and financial
data processing and related software by providers of other financial
services.
The following activities are excluded from the definition of
financial services:
(a) activities carried out by central banks or by any other public
institution in pursuit of monetary and exchange rate policies;
(b) activities conducted by central banks, government agencies or
departments, or public institutions, for the account or with the
guarantee of the government, except when those activities may be
carried out by financial service providers in competition with such
public entities;
(c) activities forming part of a statutory system of social security
or public retirement plans, except when those activities may be
carried by financial service providers in competition with public
entities or private institutions.
ANNEX VII
Intellectual, industrial and commercial property rights
(Referred to in Article 71)
1. Article 71(3) concerns the following Multilateral Conventions:
- Budapest Treaty on the International Recognition of the Deposit of
Micro-organisms for the purposes of Patent Procedures (1977,
modified in 1980);
- Protocol relating to the Madrid Agreement concerning the
International Registration of Marks (Madrid, 1989);
- International Convention for the Protection of New Varieties of
Plants (UPOV Geneva Act, 1991).
The Stabilisation and Association Council may decide that Article
71(3) shall apply to other multilateral conventions.
2. 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 Organisations (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 Co-operation 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).
3. From entry into force of this Agreement, the former Yugoslav
Republic of Macedonia shall grant to Community companies and
nationals, in respect of the recognition and protection of
intellectual, industrial and commercial property, treatment no less
favourable than that granted by it 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 the former Yugoslav
Republic of Macedonia as defined in Protocol 4 of this Agreement
will enter into the Community free of customs duties on the day of
entry into force of this Agreement.
2. The duties applied to direct imports into the former Yugoslav
Republic of Macedonia of textile products falling within Section XI
(Chapter 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 Annex I 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 19 and 34 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 the former Yugoslav
Republic of Macedonia to the Community and originating in the
Community to the former Yugoslav Republic of Macedonia are
stipulated in the Agreement between the European Community and the
former Yugoslav Republic of Macedonia on trade in textile products
as renewed and applied since 1 January 2000.
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
CUSTOMS DUTIES REFERED TO IN ARTICLE 2(2)
Customs duties on imports into the former Yugoslav Republic of
Macedonia of textile products listed in this Annex and originating
in the Community shall be progressively reduced in accordance with
the following timetable:
- on 1 January of the first year after the entry into force of the
Agreement each duty shall be reduced to 70 % of the basic duty;
- on 1 January of the second year after the entry into force of the
Agreement each duty shall be reduced to 63 % of the basic duty;
- on 1 January of the third year after the entry into force of the
Agreement each duty shall be reduced to 56 % of the basic duty;
- on 1 January of the fourth year after the entry into force of the
Agreement each duty shall be reduced to 49 % of the basic duty;
- on 1 January of the fifth year after the entry into force of the
Agreement each duty shall be reduced to 42 % of the basic duty;
- on 1 January of the sixth year after the entry into force of the
Agreement each duty shall be reduced to 35 % of the basic duty;
- on 1 January of the seventh year after the entry into force of the
Agreement each duty shall be reduced to 28 % of the basic duty;
- on 1 January of the eighth year after the entry into force of the
Agreement each duty shall be reduced to 21 % of the basic duty;
- on 1 January of the ninth year after the entry into force of the
Agreement each duty shall be reduced to 14 % of the basic duty;
- on 1 January of the tenth year after the entry into force of the
Agreement the remaining duties shall be abolished.
List of products for which the rates shall be reduced:
500710
500720
500790
510610
510620
510710
510720
510810
510820
510910
510990
511000
511111
511112
511112
511113
511190
511211
511219
511220
511230
511290
511300
520420
520511
520512
520513
520514
520515
520521
520522
520523
520524
520526
520527
520528
520531
520532
520533
520534
520535
520541
520542
520543
520544
520546
520547
520548
520611
520612
520613
520614
520615
520621
520622
520623
520624
520625
520631
520632
520633
520634
520635
520641
520642
520643
520644
520645
520710
520790
520811
520812
520813
520819
520821
520822
520823
520829
520831
520832
520833
520839
520841
520842
520843
520849
520851
520852
520853
520859
520911
520912
520919
520921
520922
520929
520931
520932
520939
520941
520942
520943
520949
520951
520952
520959
521011
521012
521019
521021
521022
521029
521031
521032
521039
521041
521042
521049
521051
521052
521059
521111
521112
521119
521121
521122
521129
521131
521132
521139
521141
521142
521143
521149
521151
521152
521159
521211
521112
521213
521214
521215
521221
521222
521223
521224
521225
530911
530919
530921
530929
531010
531090
531100
540110
540120
540210
540220
540231
540232
540233
540239
540241
540242
540243
540249
540251
540252
540259
540261
540262
540269
540310
540320
540333
540339
540341
540342
540349
540490
540500
540610
540620
540710
540720
540730
540741
540742
540743
540744
540751
540752
540753
540754
540761
540769
540771
540772
540773
540774
540781
540782
540783
540791
540792
540793
540794
540810
540821
540822
540823
540824
540831
540832
540833
540834
550110
550120
550130
550190
550310
550320
550330
550340
550390
550510
550520
550610
550620
550630
550690
550810
550820
550911
550912
550921
550922
550931
550932
550941
550942
550951
550952
550953
550959
550961
550962
550969
550991
550992
550999
551011
551012
551020
551030
551090
551110
551120
551130
551211
551219
551221
551229
551297
551299
551311
551312
551313
551319
551321
551322
551323
551329
551331
551332
551333
551339
551341
551342
551343
551349
551411
551412
551413
551419
551421
551422
551423
551429
551431
551432
551433
551439
551441
551442
551443
551449
551511
551512
551513
551519
551521
551522
551529
551591
551592
551599
551611
551612
551613
551614
551621
551622
551623
551624
551631
551632
551633
551634
551641
551642
551643
551644
551691
551692
551693
551694
560110
560121
560122
560129
560130
560210
560221
560229
560290
560311
560312
560313
560314
560391
560392
560393
560394
560600
560919
560890
560900
570110
570190
570210
570220
570231
570232
570239
570241
570242
570249
570251
570252
570259
570291
570292
570299
570310
570320
570330
570390
570410
570490
570500
580110
580121
580122
580123
580124
580125
580126
580131
580132
580133
580134
580135
580136
580190
580211
580219
580220
580230
580310
580390
580410
580421
580429
580430
580500
580610
580620
580631
580632
580639
580640
580710
580790
580810
580890
580900
581010
581091
581092
581099
581100
590110
590190
590210
590220
590290
590410
590491
590492
590500
590610
590691
590699
590700
590800
591000
600110
600121
600122
600129
600191
600192
600199
600210
600220
600230
600241
600242
600243
600249
600291
600292
600293
600299
610110
610120
610130
610190
610210
610220
610230
610290
610311
610312
610319
610321
610322
610323
610329
610331
610332
610333
610339
610341
610342
610343
610349
610411
610412
610413
610419
610421
610422
610423
610429
610431
610432
610433
610439
610441
610442
610443
610444
610449
610451
610452
610453
610459
610461
610462
610463
610469
610510
610520
610590
610610
610620
610690
610711
610712
610719
610721
610722
610729
610791
610792
610799
610811
610819
610821
610822
610829
610831
610832
610839
610891
610892
610899
610910
610990
611010
611020
611030
611090
611110
611120
611130
611190
611211
611212
611219
611220
611231
611239
611241
611249
611300
611410
611420
611430
611490
611511
611512
611519
611520
611591
611591
611592
611593
611599
611610
611691
611692
611693
611699
611710
611720
611780
611790
620111
620112
620113
620119
620191
620192
620193
620199
620211
620212
620213
620219
620291
620292
620293
620299
620311
620312
620319
620321
620322
620323
620329
620331
620332
620333
620339
620341
620342
620343
620349
620411
620412
620413
620419
620421
620422
620423
620429
620431
620432
620433
620439
620441
620442
620443
620444
620449
620451
620452
620453
620459
620461
620462
620463
620469
620510
620520
620530
620590
620610
620620
620630
620640
620690
620711
620719
620721
620722
620729
620791
620792
620799
620811
620819
620821
620822
620829
620891
620892
620899
620910
620920
620930
620990
621010
621020
621030
621040
621050
621111
621112
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630649
630691
630699
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630720
630790
630800
Protocol 2
on steel products
Article 1
This Protocol shall apply to the products listed in Chapters 72 of
the Common Customs Tariff. It shall also apply to other finished
steel products that may originate in future in the former Yugoslav
Republic of Macedonia under the above chapter.
Article 2
Customs duties on imports applicable in the Community on steel
products originating in the former Yugoslav Republic of Macedonia
shall be abolished on the date of the entry into force of the
Agreement.
Article 3
Customs duties applicable in the former Yugoslav Republic of
Macedonia on imports of steel products originating in the Community
shall be progressively abolished in accordance with the following
timetable:
1. each duty shall be reduced to 80 % of the basic duty at the
beginning of the first year after the entry into force of the
Agreement;
2. further reductions to 60 %, 40 %, 20 % and 0 % of the basic duty
shall be made at the beginning of the second, third, fourth and
fifth year respectively after the entry into force of the Agreement.
Article 4
1. Quantitative restrictions on imports into the Community of steel
products originating in the former Yugoslav Republic of Macedonia 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 the former Yugoslav
Republic of Macedonia 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 69 of this
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. The
former Yugoslav Republic of Macedonia 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 former Yugoslav Republic of Macedonia with the appropriate
technical advice to achieve this objective.
2. Further to the disciplines stipulated by Article 69 of this
Agreement, any practices contrary to that Article shall be assessed
on the basis of specific criteria arising from the application of
the State aid disciplines of the Community, including its 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 69 of this Agreement with regard to steel products, the
Community recognises that during five years after the entry into
force of this Agreement, the former Yugoslav Republic of Macedonia
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 the former Yugoslav Republic of
Macedonia.
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 paragraph 2 and 3 of this Article.
5. The Stabilisation and Association Council shall monitor the
implementation of the requirements set out at 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 8, or
after thirty working days following referral for such consultation.
Article 6
The provisions of Articles 19, 20 and 34 of the Agreement shall
apply to trade between the Parties in steel products.
Article 7
1. The Contracting Parties recognise the need for an administrative
procedure having as its purpose the rapid provision of information
on the trend in trade flows in respect of the trade in steel
products originating in the former Yugoslav Republic of Macedonia in
order to increase transparency and to avoid possible diversions of
trade.
2. The Contracting Parties therefore agree to establish a
double-checking system, without quantitative limits, for the import
into the Community of steel products originating in the former
Yugoslav Republic of Macedonia; to exchange statistical information
on export and surveillance documents and to hold consultations
promptly on any problems arising from the operation of such a
system.
3. The details of the double-checking system are contained in Annex
I to this Protocol. The continuing need for this system shall be
regularly reviewed. The Annex may subsequently be amended or the
double-checking system abolished by means of a Decision of the
Stabilisation and Association Council.
Article 8
The Parties agree that one of the special bodies established by the
Stabilisation and Association Council shall be a contact group,
which will discuss the implementation of this Protocol.
ANNEX I
concerning the introduction of a double-checking system for the
export of certain steel products from the former Yugoslav Republic
of Macedonia to the European Communities
Article 1
1. From the date of entry into force of the Stabilisation and
Association Agreement between the European Community and the former
Yugoslav Republic of Macedonia (hereinafter referred to as
respectively "the Agreement" and "the Community"), imports into the
Community of the products listed in Appendix I originating in the
former Yugoslav Republic of Macedonia shall be subject to the
presentation of a surveillance document conforming to the model
shown in Appendix II issued by the authorities in the Community.
2. The classification of the products covered by this Protocol is
based on the tariff and statistical nomenclature of the Community
(hereinafter called the "Combined nomenclature", or in abbreviated
form "CN"). The origin of the products covered by this Protocol
shall be determined in accordance with the rules in force in the
Community.
3. The competent authorities of the Community undertake to inform
the former Yugoslav Republic of Macedonia of any changes in the
combined nomenclature (CN) in respect of products covered by the
double-checking system before the date of their entry into force in
the Community.
4. Imports into the Community of the iron and steel products listed
in Appendix I and which originate in the former Yugoslav Republic of
Macedonia shall, in addition, be subject to the issue of an export
document by the competent authorities of the former Yugoslav
Republic of Macedonia. In order to avoid problems at the end of a
year, presentation by the importer of the original of the export
document must be effected not later than 31 March of the year
following that in which in the goods covered by the document were
shipped.
5. An export document will not be required for goods already shipped
before the date of entry into force of the Agreement, provided that
the destination of such products is not changed from a non-Community
destination and that those products which, under the prior
surveillance regime applicable in 1996, could be imported only on
presentation of a surveillance document are in fact accompanied by
such a document.
6. Shipment is considered to have taken place on the date of loading
onto the exporting means of transport.
III. It shall be valid for exports throughout the customs territory
of the Community.
8. The former Yugoslav Republic of Macedonia shall notify the
Commission of the European Communities of the names and addresses of
the appropriate governmental authorities of the former Yugoslav
Republic of Macedonia which are authorised to issue and to verify
export documents together with specimens of the stamps and
signatures they use. The former Yugoslav Republic of Macedonia shall
also notify the Commission of any change in these particulars.
9. Certain technical provisions on the implementation of the
double-checking system are set out in Appendix IV.
Article 2
1. The former Yugoslav Republic of Macedonia undertakes to supply
the Community with precise statistical information on the export
documents issued by the authorities of the former Yugoslav Republic
of Macedonia pursuant to Article 1.
Such information shall be transmitted to the Community by the end of
the month following the month to which the statistics relate.
2. The Community undertakes to supply the authorities of the former
Yugoslav Republic of Macedonia with precise statistical information
on surveillance documents issued by Member States in respect of the
products listed in Appendix I. Such information shall be transmitted
to the authorities of the former Yugoslav Republic of Macedonia by
the end of the month following the month to which the statistics
relate.
Article 3
If necessary, at the request of either of the Parties, consultations
shall be held on any problems arising from the operation of the
double-checking system. Such consultations shall be held promptly.
Any consultations held under this Article shall be approached by
both Parties in a spirit of co-operation and with a desire to
reconcile the difference between them.
Article 4
Any notices to be given hereunder shall be given:
- in respect of the Community, to the Commission of the European
Communities (DG Trade E/2 and DG Enterprise C/2),
- in respect of the former Yugoslav Republic of Macedonia, to its
Mission to the European Communities, the Ministry of Foreign Affairs
and the Ministry of Economy.
APPENDIX I TO ANNEX I
LIST OF PRODUCTS SUBJECT TO DOUBLE-CHECKING
Complete CN heading 7208
Complete CN heading 7209
Complete CN heading 7210
Complete CN heading 7211
Complete CN heading 7212
The remaining technical annexes will be added at a later stage and
will reflect the technical annexes currently in force.
Protocol 3
on trade between the former Yugoslav Republic of Macedonia and the
Community in processed agricultural products
Article 1
1. The Community and the former Yugoslav Republic of Macedonia 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 Stabilisation and Association Council 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 Stabilisation and Association Council may replace the duties
established by this Protocol by a regime established on the basis of
the respective market prices of the Community and the former
Yugoslav Republic of Macedonia of agricultural products actually
used in the manufacture of processed agricultural products subject
to this Protocol. It will establish the list of goods subject to
these amounts and as a consequence, the list of basic products; to
this end, it will decide the general rules of application.
Article 2
The duties applied pursuant to Article 1 may be reduced by decision
of the Stabilisation and Association Council:
- when in trade between the Community and the former Yugoslav
Republic of Macedonia the duties applied to the basic products are
reduced, or
- in response to reductions resulting from mutual concessions
relating to processed agricultural products.
The reductions provided for under the first indent shall be
calculated on the part of the duty designated as the agricultural
component which shall correspond to the agricultural products
actually used in the manufacture of the processed agricultural
products in question and deducted from the duties applied to these
basic agricultural products.
Article 3
The Community and the former Yugoslav Republic of Macedonia 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 THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
Duties are set to zero for imports into the Community of processed
agricultural products originating in the former Yugoslav Republic of
Macedonia as listed hereafter
>TABLE POSITION>
ANNEX II
DUTIES APPLICABLE TO GOODS ORIGINATING IN THE COMMUNITY ON IMPORT
INTO THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
>TABLE POSITION>
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 the former Yugoslav Republic
of Macedonia 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 the former Yugoslav
Republic of Macedonia;
(h) "value of originating materials" means the value of such
materials as defined in subparagraph (g) applied mutatis mutandis;
(i) "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 the former Yugoslav
Republic of Macedonia:
(a) products wholly obtained in the former Yugoslav Republic of
Macedonia within the meaning of Article 5 of this Protocol;
(b) products obtained in the former Yugoslav Republic of Macedonia
incorporating materials which have not been wholly obtained there,
provided that such materials have undergone sufficient working or
processing in the former Yugoslav Republic of Macedonia within the
meaning of Article 6 of this Protocol.
Article 3
Bilateral cumulation in the European Community
Materials originating in the former Yugoslav Republic of Macedonia
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 that referred to in Article 6(1).
Article 4
Bilateral cumulation in the former Yugoslav Republic of Macedonia
Materials originating in the Community shall be considered as
materials originating in the former Yugoslav Republic of Macedonia
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 that referred to in Article 6(1).
Article 5
Wholly obtained products
1. The following shall be considered as wholly obtained in the
Community or the former Yugoslav Republic of Macedonia:
(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 the former
Yugoslav Republic of Macedonia 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 an EC Member State or in of
the former Yugoslav Republic of Macedonia;
(b) which sail under the flag of an EC Member State or of the former
Yugoslav Republic of Macedonia;
(c) which are owned to an extent of at least 50 per cent by
nationals of EC Member States or of the former Yugoslav Republic of
Macedonia, 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 EC Member States or of the former
Yugoslav Republic of Macedonia 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 EC Member
States or of the former Yugoslav Republic of Macedonia; and
(e) of which at least 75 per cent of the crew are nationals of EC
Member States or of the former Yugoslav Republic of Macedonia.
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 per cent 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 the
former Yugoslav Republic of Macedonia 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 per cent 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
the former Yugoslav Republic of Macedonia.
2. If originating goods exported from the Community or the former
Yugoslav Republic of Macedonia 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.
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
the former Yugoslav Republic of Macedonia. 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 the former Yugoslav Republic of
Macedonia.
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 the former Yugoslav Republic of Macedonia 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
the former Yugoslav Republic of Macedonia 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 the former Yugoslav
Republic of Macedonia;
(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, in the former Yugoslav Republic of
Macedonia, 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 the former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of Macedonia to materials
used in the manufacture and to products covered by paragraph 1(b)
above, 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, the former Yugoslav Republic of
Macedonia 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 per cent 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 the former
Yugoslav Republic of Macedonia;
(b) a 10 per cent 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 the former
Yugoslav Republic of Macedonia.
The provisions of this Article shall apply from 1 January 2003 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
the former Yugoslav Republic of Macedonia and products originating
in the former Yugoslav Republic of Macedonia 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 hand-written,
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 an EC Member State or the former Yugoslav Republic of
Macedonia if the products concerned can be considered as products
originating in the Community or in the former Yugoslav Republic of
Macedonia 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:"NACHTRรGLICH
AUSGESTELLT", "DELIVRE A POSTERIORI", "RILASCIATO A POSTERIORI",
"AFGEGEVEN A POSTERIORI", "ISSUED RETROSPECTIVELY", "UDSTEDT
EFTERFลฒLGENDE", ">ISO_7>ร ลนรฤปฤร ฤถ ร ลน ลลฤถ รรลร ลลฤถ", ">ISO_1>EXPEDIDO A
POSTERIORI", "EMITIDO A POSTERIORI", "ANNETTU JรLKIKรTEEN",
"UTFรRDAT I EFTERHAND", "DOPOLNITELNO IZDADENO"
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:
"DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICAAT", "DUPLICATE",
">ISO_7>ฤฎฤถลรฤลฤฎรฤป", ">ISO_1>DUPLICADO", "SEGUNDA VIA",
"KAKSOISKAPPALE", "DUPLIKAT"
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 the former Yugoslav Republic of
Macedonia, 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 the former Yugoslav Republic of Macedonia. 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 the
former Yugoslav Republic of Macedonia 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 hand-written, 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 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 the former Yugoslav Republic of
Macedonia 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 the former Yugoslav Republic
of Macedonia where these documents are used in accordance with
domestic law;
(c) documents proving the working or processing of materials in the
Community or the former Yugoslav Republic of Macedonia, issued or
made out in the Community or the former Yugoslav Republic of
Macedonia, 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 the former Yugoslav Republic of Macedonia 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 currency of the former
Yugoslav Republic of Macedonia equivalent to the amounts expressed
in euro shall be fixed annually.
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 the former Yugoslav Republic of Macedonia.
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 European Commission by 15 October and shall
apply from 1 January the following year. The European Commission
shall notify the former Yugoslav Republic of Macedonia of the
relevant amount.
4. The Community or the former Yugoslav Republic of Macedonia 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 per cent. The former Yugoslav Republic of Macedonia
may retain unchanged its national currency equivalent to 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 per cent 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
Stabilisation and Association Committee at the request of the
Community or the former Yugoslav Republic of Macedonia. When
carrying out this review, the Stabilisation and Association
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 EC Member States and of the former
Yugoslav Republic of Macedonia shall provide each other, through the
European Commission, 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 the former Yugoslav Republic of Macedonia 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 the former Yugoslav
Republic of Macedonia and fulfil the other requirements of this
Protocol.
6. If in cases of reasonable doubt there is no reply within ten
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 Stabilisation and Association 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 the former Yugoslav Republic of Macedonia 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 the former Yugoslav
Republic of Macedonia 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 the former Yugoslav Republic of
Macedonia, 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. The former Yugoslav
Republic of Macedonia 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 the former Yugoslav Republic
of Macedonia 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 the former Yugoslav Republic of
Macedonia:
(a) products wholly obtained in the former Yugoslav Republic of
Macedonia;
(b) products obtained in the former Yugoslav Republic of Macedonia,
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 "the
former Yugoslav Republic of Macedonia" 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 Stabilisation and Association Council 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 the former Yugoslav Republic of Macedonia 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 the former Yugoslav Republic of
Macedonia 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 the former
Yugoslav Republic of Macedonia. 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 a only
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 ยฐC, with the use of a catalyst, other than to
effect desulphurisation, 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 ยฐC, 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 ร 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.
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ANNEX IV
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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 European Community
and former Yugoslav Republic of Macedonia, 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
- to 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 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 former Yugoslav
Republic of Macedonia 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 former Yugoslav Republic of
Macedonia and on the other hand to the competent services of the
Commission of the European Communities and the customs authorities
of the Member States 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
former Yugoslav Republic of Macedonia; 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 former Yugoslav
Republic of Macedonia insofar 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 Stabilisation and
Association Committee set up under Article 114 of the Stabilisation
and Association Agreement.
Final Act
The plenipotentiaries of:
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European
Community, the Treaty establishing the European Coal and Steel
Community, the Treaty establishing the European Atomic Energy
Community, and the Treaty on European Union,
hereinafter referred to as "the Member States", and of
the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and
the EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as "the Community",
of the one part, and
the plenipotentiaries of the FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
of the other part,
meeting in Luxembourg on ... in the year 2001 for the signature of
the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the former
Yugoslav Republic of Macedonia of the other part, hereinafter
referred to as "the Agreement", have adopted the following texts:
the Agreement, its Annexes I-VII, namely:
>TABLE POSITION>
and the following Protocols:
>TABLE POSITION>
The plenipotentiaries of the Member States and of the Community and
the plenipotentiaries of former Yugoslav Republic of Macedonia have
adopted the texts of the joint declarations listed below and annexed
to this Final Act:
Joint Declaration concerning Article 34 of the Agreement
Joint Declaration concerning Article 40 of the Agreement
Joint Declaration concerning Article 44 of the Agreement
Joint Declaration concerning Article 46 of the Agreement
Joint Declaration concerning Article 57 of the Agreement
Joint Declaration concerning Article 71 of the Agreement
Joint Declaration concerning Article 118 of the Agreement
The plenipotentiaries of the former Yugoslav Republic of Macedonia
have taken note of the Declarations listed below and annexed to this
Final Act:
Declaration by Community and its Member States concerning Articles
27 and 29
Declaration of the Community on Article 76
Done at Luxembourg, ...
JOINT DECLARATIONS
JOINT DECLARATION ON ARTICLE 34
The European Communities and the former Yugoslav Republic of
Macedonia, aware of the impact that the sudden elimination of the 1
% fee applied for customs clearance purposes to imported goods could
have on the budget of the latter, agree, as an exceptional measure,
that the fee would be maintained until 1 January 2002 or until the
entry into force of the Stabilisation and Association Agreement,
whichever occurs first.
Should this fee, in the meantime, be reduced or eliminated vis-ลก-vis
a third country, the former Yugoslav Republic of Macedonia
undertakes to immediately apply the same treatment to goods of EC
origin.
The content of this Joint Declaration is without prejudice to the
position of the European Communities in the negotiations on the
accession of the former Yugoslav Republic of Macedonia to the World
Trade Organisation.
JOINT DECLARATION CONCERNING ARTICLE 40
Declaration of intent by the Contracting Parties on the trade
arrangements between the States that emerged from the former
Socialist Federal Republic of Yugoslavia:
1. The European Community and former Yugoslav Republic of Macedonia
consider it essential for economic and trade cooperation between the
States that emerged from the former Socialist Federal Republic of
Yugoslavia to be reestablished as quickly as possible, as soon as
political and economic circumstances permit.
2. The Community is prepared to grant cumulation of origin to the
States that emerged from the former Socialist Federal Republic of
Yugoslavia which have restored normal economic and trade cooperation
as soon as the administrative cooperation needed for cumulation to
work properly has been established.
3. With this in mind, former Yugoslav Republic of Macedonia declares
its readiness to enter into negotiations as soon as possible in
order to establish cooperation with other States that emerged from
the former Socialist Federal Republic of Yugoslavia.
JOINT DECLARATION CONCERNING ARTICLE 44
It is understood that the notion "children" is defined in accordance
with national legislation of the host country concerned.
JOINT DECLARATION CONCERNING ARTICLE 46
It is understood that the notion "members of their family" is
defined in accordance with national legislation of the host country
concerned.
JOINT DECLARATION CONCERNING ARTICLE 57
The Parties agree to seek the earliest possible implementation of
Article 12(3)(b) of the Transport Agreement between the European
Community and the former Yugoslav Republic of Macedonia, on a system
of ecopoints through the conclusion of the relevant agreement, in
the form of an exchange of letters, as soon as possible and at the
latest by the conclusion of the Interim Agreement.
JOINT DECLARATION CONCERNING ARTICLE 71
The Parties agree that for the purpose of this Agreement,
intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer
programmes, and neighbouring rights, the rights relating to
databases, patents, industrial designs, trademarks 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 118
(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 118 of the Agreement mean cases of
material breach of the Agreement by one of the two parties. A
material breach of the Agreement consists of:
- 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 2.
(b) The Parties agree that the "appropriate measures" referred to in
Article 118 are measures taken in accordance with international law.
If a Party takes a measure in a case of special urgency pursuant to
Article 118, the other Party may avail itself of the dispute
settlement procedure.
UNILATERAL DECLARATIONS
DECLARATION BY THE COMMUNITY AND ITS MEMBER STATES CONCERNING
ARTICLES 27 AND 29
Considering that exceptional trade measures are granted by the
European Community to countries participating or linked to the EU
Stabilisation and Association Process including the former Yugoslav
Republic of Macedonia on the basis of Council Regulation (EC) No
2007/2000 as amended, the European Community and its Member States
declare:
- that, pursuant to Article 29(2) 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 this Agreement as long as Regulation (EC) No
2007/2000 as amended applies;
- that, 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 elimination shall apply also to the
specific customs duty in derogation from the relevant provision of
Article 27(1).
DECLARATION OF THE EUROPEAN COMMUNITY ON ARTICLE 76
As far as the readmission of nationals of other countries and of
stateless persons by former Yugoslav Republic of Macedonia is
concerned, the repatriation policy of the European Community is
based on the following main elements:
- Priority is given to voluntary return;
- Repatriation into the country of origin is the overriding
principle.