22000A0318(01)

 

Euro-Mediterranean Agreement establishing an association between the

European Communities and their Member States, of the one part, and

the Kingdom of Morocco, of the other part - Protocol 1 on the

arrangements applying to imports into the Community of agricultural

products originating in Morocco - Protocol 2 on the arrangements

applying to imports into the Community of fishery products

originating in Morocco - Protocol 3 on the arrangements applying to

imports into Morocco of agricultural products originating in the

Community - Protocol 4 concerning the definition of originating

products and methods of administrative cooperation - Protocol 5 on

mutual assistance in customs matters between the administrative

authorities - Final Act - Joint Declarations - Agreements in the

form of an Exchange of Letters - Declaration by the Community -

Declarations by Morocco

 

Official Journal L 070 , 18/03/2000 P. 0002 - 0204 

 

Dates:

of document:   26/02/1996

of effect:   01/03/2000; Entry into force See Art 96 And OJ L

70/2000 P. 228

of signature:   26/02/1996; Brussels

end of validity:   99/99/9999; See Art. 93

 

Authentic language: The official languages ; German ; English ;

Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;

Portuguese ; Swedish ; Other than Community language ; Arabic

Author:

The 15 Member States ; Belgium ; Denmark ; Federal Republic of

Germany ; Greece ; Spain ; France ; Ireland ; Italy ; Luxembourg ;

Netherlands ; Austria ; Portugal ; Finland ; Sweden ; United Kingdom

; European Community ; European Coal and Steel Community ; Morocco

 

Subject matter: Association ; External relations ; Provisions

implementing Article 95 - ECSC

Directory code: 11401020

EUROVOC descriptor: association agreement ; European Association

Agreement ; EU country ; Morocco

 

Legal basis:

151K095................... Adoption

197E300-P3L1F2............ Adoption

197E300-P3L2.............. Adoption

197E310................... Adoption

Instruments cited:

151K065...................

151K066...................

362R0026..................

279A0412(06)..............

391R1911..................

192E042...................

192E043...................

192E051...................

192E085...................

192E086...................

192E092...................

294A1223(01)..............

294A1223(03)..............

294A1223(09)..............

294A1223(16)..............

197E081...................

197E082...................

197E087...................

197EN02...................

Amendment to:

276A0427(01)...... Replacement... DP1/3/2000

276A0427(02)...... Replacement... DP1/3/2000

Amended by:

Corrected by.. 200A0318(01)R(01).

Amended by.... 200A0318(02)...... Replacement ANN 2 from 01/03/2000

Amended by.... 200A0318(02)...... Replacement ANN 3 from 01/03/2000

Amended by.... 200A0318(02)...... Replacement ANN 4 from 01/03/2000

Amended by.... 200A0318(02)...... Replacement ANN 6 from 01/03/2000

Adopted by.... 300D0204.......... DP24/1/2000

Derogated in.. 202A1210(02)...... Derogation PROT 1 from 29/11/2002

Amended by.... 203A1231(04)...... Replacement PROT 3 from 01/01/2004

Amended by.... 203A1231(04)...... Amendment ART 18 from 01/01/2004

Amended by.... 203A1231(04)...... Replacement PROT 1 from 01/01/2004

 

 

 

 

EURO-MEDITERRANEAN AGREEMENT

establishing an association between the European Communities and

their Member States, of the one part, and the Kingdom of Morocco, 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 and the Treaty establishing the European Coal and Steel

Community, hereinafter referred to as the "Member States", and

THE EUROPEAN COMMUNITY,

THE EUROPEAN COAL AND STEEL COMMUNITY,

hereinafter referred to as "the Community", of the one part, and

THE KINGDOM OF MOROCCO,

hereinafter referred to as "Morocco", of the other part,

CONSIDERING the proximity and interdependence which historic links

and common values have established between the Community, its Member

States and Morocco;

CONSIDERING that the Community, its Member States and Morocco wish

to strengthen those links and to establish lasting relations, based

on reciprocity, solidarity, partnership and co-development;

CONSIDERING the importance which the Parties attach to the

principles of the United Nations Charter, particularly the

observance of human rights and political and economic freedom, which

form the very basis of the association;

CONSIDERING recent political and economic developments both on the

European continent and in Morocco, and the resulting common

responsibilities with regard to the stability, security and

prosperity of the Euro-Mediterranean region;

CONSIDERING the considerable progress made by Morocco and its people

towards achieving their objectives of full integration of the

Moroccan economy into the world economy and participation in the

community of democratic nations;

CONSCIOUS, on the one hand, of the importance of relations in an

overall Euro-Mediterranean context and, on the other, of the

objective of integration between the countries of the Maghreb;

DESIROUS of fully achieving the objectives of the association

between them by implementing the relevant provisions of this

Agreement to bring the levels of economic and social development of

the Community and Morocco closer to each other;

CONSCIOUS of the importance of this Agreement, which is based on

reciprocity of interests, mutual concessions, cooperation and

dialogue;

DESIROUS of establishing and developing political consultation on

bilateral and international issues of mutual interest;

TAKING ACCOUNT of the Community's willingness to provide Morocco

with decisive support in its endeavours to bring about economic

reform and adjustment and social development;

CONSIDERING the commitment of both the Community and Morocco to free

trade, in compliance with the rights and obligations arising out of

the General Agreement on Tariffs and Trade (GATT) in its

post-Uruguay Round form;

DESIROUS of establishing cooperation, sustained by regular dialogue,

on economic, social and cultural issues in order to achieve better

mutual understanding;

CONVINCED that this Agreement provides a suitable framework for the

development of a partnership based on private initiative, a landmark

option selected by both the Community and Morocco, and that it will

create a climate conducive to economic, trade and investment

relations between them, a consideration which offers vital backing

for economic restructuring and technological modernisation,

HAVE AGREED AS FOLLOWS:

Article 1

1. An association is hereby established between the Community and

its Member States, of the one part, and Morocco, of the other part.

2. The aims of this Agreement are to:

- provide an appropriate framework for political dialogue between

the Parties, allowing the development of close relations in all

areas they consider relevant to such dialogue,

- establish the conditions for the gradual liberalisation of trade

in goods, services and capital,

- promote trade and the expansion of harmonious economic and social

relations between the Parties, notably through dialogue and

cooperation, so as to foster the development and prosperity of

Morocco and its people,

- encourage integration of the Maghreb countries by promoting trade

and cooperation between Morocco and other countries of the region,

- promote economic, social, cultural and financial cooperation.

 

Article 2

Respect for the democratic principles and fundamental human rights

established by the Universal Declaration of Human Rights shall

inspire the domestic and external policies of the Community and of

Morocco and shall constitute an essential element of this Agreement.

 

TITLE I

POLITICAL DIALOGUE

Article 3

1. A regular political dialogue shall be established between the

Parties. It shall help build lasting links of solidarity between the

partners which will contribute to the prosperity, stability and

security of the Mediterranean region and bring about a climate of

understanding and tolerance between cultures.

2. Political dialogue and cooperation are intended in particular to:

(a) facilitate rapprochement between the Parties through the

development of better mutual understanding and regular coordination

on international issues of common interest;

(b) enable each Party to consider the position and interests of the

other;

(c) contribute to consolidating security and stability in the

Mediterranean region and in the Maghreb in particular;

(d) help develop joint initiatives.

 

Article 4

Political dialogue shall cover all issues of common interest to the

Parties, in particular the conditions required to ensure peace,

security and regional development through support for cooperation,

notably within the Maghreb group of countries.

 

Article 5

Political dialogue shall be established at regular intervals and

whenever necessary notably:

(a) at ministerial level, principally within the Association

Council;

(b) at the level of senior officials representing Morocco, on the

one hand, and the Council Presidency and the Commission on the

other;

(c) taking full advantage of all diplomatic channels including

regular briefings, consultations on the occasion of international

meetings and contacts between diplomatic representatives in third

countries;

(d) where appropriate, by any other means which would make a useful

contribution to consolidating dialogue and increasing its

effectiveness.

 

TITLE II

FREE MOVEMENT OF GOODS

Article 6

The Community and Morocco shall gradually establish a free trade

area over a transitional period lasting a maximum of 12 years

starting from the date of the entry into force of this Agreement in

accordance with the provisions of this Agreement and in conformity

with those of the 1994 General Agreement on Tariffs and Trade and

the other multilateral agreements on trade in goods annexed to the

Agreement establishing the WTO, hereinafter referred to as "GATT".

 

CHAPTER I

INDUSTRIAL PRODUCTS

Article 7

The provisions of this chapter shall apply to products originating

in the Community and Morocco with the exception of the products

referred to in Annex II to the Treaty establishing the European

Community.

 

Article 8

No new customs duties on imports nor charges having equivalent

effect shall be introduced in trade between the Community and

Morocco.

 

Article 9

Products originating in Morocco shall be imported into the Community

free of customs duties and charges having equivalent effect.

 

Article 10

1. The provisions of this chapter shall not preclude the retention

by the Community of an agricultural component on imports of the

goods originating in Morocco listed in Annex 1.

The agricultural component shall reflect differences between the

price on the Community market of the agricultural products

considered as being used in the production of such goods and the

price of imports from third countries where the total cost of the

said basic products is higher in the Community. The agricultural

component may take the form of a fixed amount or an ad valorem duty.

Such differences shall be replaced, where appropriate, by specific

duties based on tariffication of the agricultural component or by ad

valorem duties.

The provisions of Chapter II applicable to agricultural products

shall apply mutatis mutandis to the agricultural component.

2. The provisions of this chapter shall not preclude the separate

specification by Morocco of an agricultural component in the import

duties in force on the products listed in Annex 2 originating in the

Community. The agricultural component may take the form of a fixed

amount or an ad valorem duty.

The provisions of Chapter II applicable to agricultural products

shall apply mutatis mutandis to the agricultural component.

3. In the case of the products shown in Annex 2, List 1, originating

in the Community, Morocco shall apply upon the entry into force of

this Agreement import duties and charges having equivalent effect no

greater than those in force on 1 January 1995, within the limits of

the tariff quotas shown in that list.

During elimination of the industrial component of the duties

pursuant to paragraph 4, the level of the duties to be applied in

respect of the products for which the tariff quotas are to be

abolished may not be higher than the level of the duties in force on

1 January 1995.

4. In the case of the products in Annex 2, List 2, originating in

the Community, Morocco shall eliminate the industrial component of

the duties in accordance with the provisions laid down in Article

11(2) of this Agreement in respect of products in Annex 3.

In the case of the products in Annex 2, Lists 1 and 3, originating

in the Community, Morocco shall eliminate the industrial component

of the duties in accordance with the provisions laid down in Article

11(3) of this Agreement in respect of products in Annex 4.

5. The agricultural components applied pursuant to paragraphs 1 and

2 may be reduced where, in trade between the Community and Morocco,

the charge applicable to a basic agricultural product is reduced or

where such reductions are the result of mutual concessions relating

to processed agricultural products.

6. The reduction referred to in paragraph 5, the list of products

concerned and, where appropriate, the tariff quotas within which the

reduction applies shall be established by the Association Council.

 

Article 11

1. Customs duties and charges having equivalent effect applicable on

import into Morocco of products originating in the Community other

than those listed in Annexes 3, 4, 5 and 6 shall be abolished upon

the entry into force of this Agreement.

2. Customs duties and charges having equivalent effect applicable on

import into Morocco of the products originating in the Community

listed in Annex 3 shall be progressively abolished in accordance

with the following timetable:

on the date of entry into force of this Agreement each duty and

charge shall be reduced to 75 % of the basic duty;

one year after the date of entry into force of this Agreement each

duty and charge shall be reduced to 50 % of the basic duty;

two years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 25 % of the basic duty;

three years after the date of entry into force of this Agreement the

remaining duties shall be abolished.

3. Customs duties and charges having equivalent effect applicable on

import into Morocco of the products originating in the Community

listed in Annex 4 shall be progressively abolished in accordance

with the following timetables:

three years after the date of entry into force of this Agreement

each duty and charge shall be reduced to 90 % of the basic duty;

four years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 80 % of the basic duty;

five years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 70 % of the basic duty;

six years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 60 % of the basic duty;

seven years after the date of entry into force of this Agreement

each duty and charge shall be reduced to 50 % of the basic duty;

eight years after the date of entry into force of this Agreement

each duty and charge shall be reduced to 40 % of the basic duty;

nine years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 30 % of the basic duty;

10 years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 20 % of the basic duty;

11 years after the date of entry into force of this Agreement each

duty and charge shall be reduced to 10 % of the basic duty;

12 years after the date of entry into force of this Agreement the

remaining duties shall be abolished.

4. In the event of serious difficulties for a given product, the

timetable for the list in Annex 4 may be reviewed by the Association

Committee by common accord on the understanding that the schedule

for which the review has been requested may not be extended in

respect of the product concerned beyond the maximum transitional

period of 12 years. If the Association Committee has not taken a

decision within 30 days of its application to review the timetable,

Morocco may suspend the timetable provisionally for a period which

may not exceed one year.

5. For each product the basic duty to which the successive

reductions laid down in paragraphs 2 and 3 are to be applied shall

be that actually applied vis-š-vis the Community on 1 January 1995.

6. If, after 1 January 1995, any tariff reduction is applied on an

erga omnes basis, the reduced duties shall replace the basic duties

referred to in paragraph 5 as from the date when such reductions are

applied.

7. Morocco shall communicate its basic duties to the Community.

 

Article 12

1. Morocco hereby undertakes to eliminate the reference prices

applied on 1 July 1995 to the products listed in Annex 5 at the

latest three years after this Agreement enters into force.

In cases in which such reference prices are applied to textiles and

clothing, those prices shall be progressively eliminated over a

period of three years dating from the entry into force of this

Agreement. The pace at which elimination of the reference prices

takes place shall ensure that products originating in the Community

retain a margin of preference of at least 25 % over the reference

prices which Morocco applies on an erga omnes basis. If that margin

of preference cannot be maintained, Morocco shall apply a tariff

reduction to products originating in the Community. That tariff

reduction must not be lower than 5 % of the customs duties and

charges having equivalent effect in force on the date on which that

reduction is due to be made.

If Morocco's commitments under the GATT provide for a shorter period

for the elimination of import reference prices, that shorter period

shall be applicable.

2. The provisions of Article 11 shall not apply to the products

appearing in Annex 6, Lists 1 and 2, without prejudice to the

following:

(a) in the case of the products on List 1, the provisions of Article

19(2) shall apply only after the transitional period has elapsed.

However, they may be made to apply sooner by a decision of the

Association Council;

(b) the arrangements applying to the products on Lists 1 and 2 shall

be re-examined by the Association Council three years after this

Agreement's entry into force.

At the time of that re-examination, the Association Council shall

establish a tariff-dismantling timetable for the products appearing

in Annex 6, apart from those of subheading 630900.

 

Article 13

The provisions concerning the abolition of customs duties on imports

shall also apply to customs duties of a fiscal nature.

 

Article 14

1. Exceptional measures of limited duration which derogate from the

provisions of Article 11 may be taken by Morocco in the form of an

increase or reintroduction of customs duties.

These measures may only concern infant industries, or certain

sectors undergoing restructuring or facing serious difficulties,

particularly where these difficulties produce major social problems.

Customs duties on imports applicable in Morocco to products

originating in the Community introduced by these measures may not

exceed 25 % ad valorem and shall maintain an element of preference

for products originating in the Community. The total value of

imports of the products which are subject to these measures may not

exceed 15 % of total imports of industrial products from the

Community during the last year for which statistics are available.

These measures shall be applied for a period not exceeding five

years unless a longer duration is authorised by the Association

Committee. They shall cease to apply at the latest on the expiry of

the maximum transitional period of 12 years.

No such measures may be introduced in respect of a product if more

than three years have elapsed since the elimination of all duties

and quantitative restrictions or charges or measures having

equivalent effect concerning that product.

Morocco shall inform the Association Committee of any exceptional

measures it intends to take and, at the request of the Community,

consultations shall be held on such measures and the sectors to

which they apply before they are implemented. When taking such

measures Morocco shall provide the Committee with a timetable for

the elimination of the customs duties introduced under this Article.

This timetable shall provide for a phasing-out of these duties in

equal annual instalments starting at the latest two years after

their introduction. The Association Committee may decide on a

different timetable.

2. By way of derogation from the fourth subparagraph of paragraph 1,

the Association Committee may exceptionally, in order to take

account of the difficulties involved in setting up a new industry,

authorise Morocco to maintain the measures already taken pursuant to

paragraph 1 for a maximum period of three years beyond the 12 year

transitional period.

 

CHAPTER II

AGRICULTURAL AND FISHERY PRODUCTS

Article 15

The provisions of this chapter shall apply to the products

originating in the Community and Morocco listed in Annex II to the

Treaty establishing the European Community.

 

Article 16

The Community and Morocco shall gradually implement greater

liberalisation of their reciprocal trade in agricultural and fishery

products.

 

Article 17

1. Agricultural and fishery products originating in Morocco shall

benefit on import into the Community from the provisions set out in

Protocols 1 and 2 respectively.

2. Agricultural products originating in the Community shall benefit

on import into Morocco from the provisions set out in Protocol 3.

 

Article 18

1. From 1 January 2000, the Community and Morocco shall assess the

situation with a view to determining the liberalisation measures to

be applied by the Community and Morocco with effect from 1 January

2001 in accordance with the objective set out in Article 16.

2. Without prejudice to the provisions of paragraph 1 and taking

account of the patterns of trade in agricultural products between

the Parties and the particular sensitivity of such products, the

Community and Morocco will examine on a regular basis in the

Association Council, product by product and on a reciprocal basis,

the possibilities of granting each other further concessions.

 

CHAPTER III

COMMON PROVISIONS

Article 19

1. No new quantitative restriction on imports or measure having

equivalent effect shall be introduced in trade between the Community

and Morocco.

2. Quantitative restrictions on imports and measures having

equivalent effect in trade between Morocco and the Community shall

be abolished upon the entry into force of this Agreement.

3. The Community and Morocco shall apply to the other's exports

neither customs duties nor charges having equivalent effect nor

quantitative restrictions or measures of equivalent effect.

 

Article 20

1. Should specific rules be introduced as a result of implementation

of their agricultural policies or modification of their existing

rules, or should the provisions on the implementation of their

agricultural policies be modified or developed, the Community and

Morocco may modify the arrangements laid down in this Agreement in

respect of the products concerned.

The Party carrying out such modification shall inform the

Association Committee thereof. At the request of the other Party,

the Association Committee shall meet to take appropriate account of

that Party's interests.

2. If the Community or Morocco, in applying paragraph 1, modifies

the arrangements made by this Agreement for agricultural products,

they shall accord imports originating in the other Party an

advantage comparable to that provided for in this Agreement.

3. Any modification of the arrangements made by this Agreement shall

be the subject, at the request of the other Contracting Party, of

consultations within the Association Council.

 

Article 21

Products originating in Morocco shall not enjoy more favourable

treatment when imported into the Community than that applied by

Member States among themselves.

The provisions of this Agreement shall apply without prejudice to

the provisions of Council Regulation (EEC) No 1911/91 of 26 June

1991 on the application of the provisions of Community law to the

Canary Islands.

 

Article 22

1. The two Parties shall refrain from any measures 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 indirect internal taxation in excess of

the amount of indirect taxation imposed on them directly or

indirectly.

 

Article 23

1. This Agreement shall not preclude the maintenance or

establishment of customs unions, free trade areas or arrangements

for frontier trade in so far as they do not have the effect of

altering the trade arrangements provided for in this Agreement.

2. Consultations between the Parties shall take place within the

Association Committee concerning agreements establishing customs

unions or free trade areas and, where appropriate, on other major

issues related to their respective trade policies with 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

Morocco stated in this Agreement.

 

Article 24

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 General

Agreement on Tariffs and Trade, it may take appropriate measures

against this practice in accordance with the Agreement relating to

the application of Article VI of the General Agreement on Tariffs

and Trade, related internal legislation and the conditions and

procedures laid down in Article 27 of this Agreement.

 

Article 25

Where any product is being imported in such increased quantities and

under such conditions as to cause or threaten to cause:

- serious injury to domestic producers of like or directly

competitive products in the territory of one of the Contracting

Parties, or

- serious disturbances in any sector of the economy or difficulties

which could bring about serious deterioration in the economic

situation of a region,

the Community or Morocco may take appropriate measures under the

conditions and in accordance with the procedures laid down in

Article 27.

 

Article 26

Where compliance with the provisions of Article 19(3) leads to:

(i) 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; or

(ii) a serious shortage, or threat thereof, of a product essential

to the exporting Party;

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 Article 27. The measures

shall be non-discriminatory and shall be eliminated when conditions

no longer justify their maintenance.

 

Article 27

1. In the event of the Community or Morocco subjecting imports of

products liable to give rise to the difficulties referred to in

Article 25 to an administrative procedure having as its purpose the

rapid supply of information on trade flow trends, it shall inform

the other Party.

2. In the cases specified in Articles 24, 25 and 26, before taking

the measures provided for therein or, in cases to which paragraph

3(d) of this Article applies, as soon as possible, the Community or

Morocco, as the case may be, shall supply the Association Committee

with all relevant information with a view to seeking a solution

acceptable to the two Parties.

In the selection of measures, priority shall be given to those which

least disturb the functioning of this Agreement.

The safeguard measures shall be immediately notified to the

Association Committee by the Party concerned and shall be the

subject of periodic consultations, particularly with a view to their

abolition as soon as circumstances permit.

3. For the implementation of paragraph 2, the following provisions

shall apply:

(a) as regards Article 24, the exporting Party 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 General Agreement on

Tariffs and Trade or no other satisfactory solution has been reached

within 30 days of the matter being referred, the importing Party may

adopt the appropriate measures;

(b) as regards Article 25, the difficulties arising from the

situation referred to in that Article shall be referred for

examination to the Association Committee, which may take any

decision needed to put an end to such difficulties.

If the 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, the importing Party may adopt the appropriate measures to

remedy the problem. These measures shall not exceed the scope of

what is necessary to remedy the difficulties which have arisen;

(c) as regards Article 26, the difficulties arising from the

situations referred to in that Article shall be referred for

examination to the Association Committee.

The Association Committee may take any decision needed to put an end

to the difficulties. If it has not taken such a decision within 30

days of the matter being referred to it, the exporting Party may

apply appropriate measures to exports of the product concerned;

(d) where exceptional circumstances requiring immediate action make

prior information or examination, as the case may be, impossible,

the Community or Morocco, whichever is concerned, may, in the

situations specified in Articles 24, 25 and 26, apply forthwith the

precautionary measures strictly necessary to deal with the situation

and shall inform the other Party immediately thereof.

 

Article 28

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 29

The concept of "originating products" for the purposes of

implementing this title and the methods of administrative

cooperation relating thereto are laid down in Protocol 4.

 

Article 30

The Combined Nomenclature of goods shall be applied to the

classification of goods in trade between the two Parties.

 

TITLE III

RIGHT OF ESTABLISHMENT AND SERVICES

Article 31

1. The Parties agree to widen the scope of this Agreement to cover

the right of establishment of one Party's firms on the territory of

the other and liberalisation of the provision of services by one

Party's firms to consumers of services in the other.

2. The Association Council will make recommendations for achieving

the objective described in paragraph 1.

In making such recommendations, the Association Council will take

account of past experience of implementation of reciprocal

most-favoured-nation treatment and of the respective obligations of

each Party under the General Agreement on Trade in Services annexed

to the Agreement establishing the WTO, hereinafter referred to as

the "GATS", particularly those in Article V of the latter.

3. The Association Council will make a first assessment of the

achievement of this objective no later than five years after this

Agreement enters into force.

4. Without prejudice to the provisions of paragraph 3, the

Association Council shall, once this Agreement is in force, examine

the international maritime transport sector with a view to making

appropriate recommendations for liberalisation measures. The

Association Council shall take account of the results of GATS

negotiations on this matter subsequent to the end of the Uruguay

Round.

 

Article 32

1. At the outset, each of the Parties shall reaffirm its obligations

under the GATS, particularly the obligation to grant reciprocal

most-favoured-nation treatment in the service sectors covered by

that obligation.

2. In accordance with the GATS, such treatment shall not apply to:

(a) advantages granted by either Party under the terms of an

agreement of the type defined in Article V of the GATS or to

measures taken on the basis of such an agreement;

(b) other advantages granted in accordance with the list of

exemptions from most-favoured-nation treatment annexed by either

Party to the GATS.

 

TITLE IV

PAYMENTS, CAPITAL, COMPETITION AND OTHER ECONOMIC PROVISIONS

CHAPTER I

CURRENT PAYMENTS AND MOVEMENT OF CAPITAL

Article 33

Subject to the provisions of Article 35, the Parties undertake to

allow all current payments for current transactions to be made in a

freely convertible currency.

 

Article 34

1. With regard to transactions on the capital account of balance of

payments, the Community and Morocco shall ensure, from the entry

into force of this Agreement, that capital relating to direct

investments in Morocco in companies formed in accordance with

current laws can move freely and that the yield from such

investments and any profit stemming therefrom can be liquidated and

repatriated.

2. The Parties shall consult each other with a view to facilitating,

and fully liberalising when the time is right, the movement of

capital between the Community and Morocco.

 

Article 35

Where one or more Member States of the Community, or Morocco, is in

serious balance of payments difficulties, or under threat thereof,

the Community or Morocco, as the case may be, may, in accordance

with the conditions established under the GATT and Articles VIII and

XIV of the Articles of Agreement of the International Monetary Fund,

adopt restrictions on current transactions 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 Morocco, as the

case may be, shall inform the other Party forthwith and shall submit

to it as soon as possible a timetable for the elimination of the

measures concerned.

 

CHAPTER II

COMPETITION AND OTHER ECONOMIC PROVISIONS

Article 36

1. The following are incompatible with the proper functioning of

this Agreement, in so far as they may affect trade between the

Community and Morocco:

(a) 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;

(b) abuse by one or more undertakings of a dominant position in the

territories of the Community or of Morocco as a whole or in a

substantial part thereof;

(c) any official aid which distorts or threatens to distort

competition by favouring certain undertakings or the production of

certain goods, with the exception of cases in which a derogation is

allowed under the Treaty establishing the European Coal and Steel

Community.

2. Any practices contrary to this Article shall be assessed on the

basis of criteria arising from the application of the rules of

Articles 85, 86 and 92 of the Treaty establishing the European

Community(1) and, in the case of products falling within the scope

of the European Coal and Steel Community, the rules of Articles 65

and 66 of the Treaty establishing that Community, and the rules

relating to State aid, including secondary legislation.

3. The Association Council shall, within five years of the entry

into force of this Agreement, adopt the necessary rules for the

implementation of paragraphs 1 and 2.

Until these rules are adopted, the provisions of the Agreement on

interpretation and application of Articles VI, XVI and XXIII of the

General Agreement on Tariffs and Trade shall be applied as the rules

for the implementation of paragraph 1(c) and related parts of

paragraph 2.

4. (a) For the purposes of applying the provisions of paragraph

1(c), the Parties recognise that during the first five years after

the entry into force of this Agreement, any State aid granted by

Morocco shall be assessed taking into account the fact that Morocco

shall be regarded as an area identical to those areas of the

Community described in Article 92(3)(a) of the Treaty establishing

the European Community.

During the same period of time, Morocco may exceptionally, as

regards ECSC steel products, grant State aid for restructuring

purposes provided that:

- it leads to the viability of the recipient firms under normal

market conditions at the end of the restructuring period,

- 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,

- the restructuring programme is linked to a comprehensive plan for

rationalising capacity in Morocco.

The Association Council shall, taking into account the economic

situation of Morocco, decide whether the period should be extended

every five years.

b) Each Party shall ensure transparency in the area of official 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 official aid.

5. With regard to products referred to in Chapter II of Title II:

- the provisions of paragraph 1(c) do not apply,

- any practices contrary to paragraph 1(a) shall be assessed

according to the criteria established by the Community on the basis

of Articles 42 and 43 of the Treaty establishing the European

Community, and in particular those established in Council Regulation

(EEC) No 26/62.

6. If the Community or Morocco considers that a particular practice

is incompatible with the terms of paragraph 1, and:

- is not adequately dealt with under the implementing rules referred

to in paragraph 3, or

- in the absence of such rules, and if such practice causes or

threatens to cause serious prejudice to the interest of the other

Party or material injury to its domestic industry, including its

services industry,

it may take appropriate measures after consultation within the

Association Committee or after 30 working days following referral to

that Committee.

In the case of practices incompatible with paragraph 1(c) of this

Article, such appropriate measures may, where the GATT applies

thereto, only be adopted in accordance with the procedures and under

the conditions laid down by the General Agreement on Tariffs and

Trade and any other relevant instrument negotiated under its

auspices which is applicable between the Parties.

7. Notwithstanding any provisions to the contrary adopted in

accordance with paragraph 3, the Parties shall exchange information

taking into account the limitations imposed by the requirements of

professional and business secrecy.

 

Article 37

The Member States and Morocco shall progressively adjust, without

affecting commitments made under the GATT, 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 Morocco. The Association Committee will be informed about the

measures adopted to implement this objective.

 

Article 38

With regard to public enterprises and enterprises which have been

granted special or exclusive rights, the Association Council shall

ensure, from the fifth year following the entry into force of this

Agreement, that no measure which disturbs trade between the

Community and Morocco in a manner which runs counter to the

interests of the Parties is adopted or maintained. This provision

shall not impede the performance in fact or in law of the specific

functions assigned to those enterprises.

 

Article 39

1. The Parties shall provide suitable and effective protection of

intellectual, industrial and commercial property rights, in line

with the highest international standards. This shall encompass

effective means of enforcing such rights.

2. Implementation of this Article and of Annex 7 shall be regularly

assessed by the Parties. If difficulties which affect trade arise in

connection with intellectual, industrial and commercial property

rights, either Party may request urgent consultations to find

mutually satisfactory solutions.

 

Article 40

1. The Parties shall take appropriate steps to promote the use by

Morocco of Community technical rules and European standards for

industrial and agri-food products and certification procedures.

2. Using the principles set out in paragraph 1 as a basis, the

Parties shall, when the circumstances are right, conclude agreements

for the mutual recognition of certifications.

 

Article 41

1. The Parties shall set as their objective a reciprocal and gradual

liberalisation of public procurement contracts.

2. The Association Council shall take the steps necessary to

implement paragraph 1.

 

TITLE V

ECONOMIC COOPERATION

Article 42

Objectives

1. The Parties undertake to step up economic cooperation in their

mutual interest and in the spirit of partnership which is at the

root of this Agreement.

2. The objective of economic cooperation shall be to support

Morocco's own efforts to achieve sustainable economic and social

development.

 

Article 43

Scope

1. Cooperation will be targeted first and foremost at areas of

activity suffering the effects of internal constraints and

difficulties or affected by the process of liberalising Morocco's

economy as a whole, and more particularly by the liberalisation of

trade between Morocco and the Community.

2. Similarly, cooperation shall focus on areas likely to bring the

economies of the Community and Morocco closer together, particularly

those which will generate growth and employment.

3. Cooperation shall foster economic integration within the Maghreb

using any measures likely to further such relations within the

region.

4. Preservation of the environment and ecological balances shall

constitute a central component of the various fields of economic

cooperation.

5. Where appropriate, the Parties shall determine by agreement other

fields of economic cooperation.

 

Article 44

Methods

Economic cooperation shall involve methods including:

(a) regular economic dialogue between the two Parties covering all

aspects of macroeconomic policy;

(b) communication and exchanges of information;

(c) advice, use of the services of experts and training;

(d) joint ventures;

(e) assistance with technical, administrative and regulatory

matters.

 

Article 45

Regional cooperation

In order to make the most of this Agreement, the Parties shall

foster all activities which have a regional impact or involve third

countries, notably:

(a) intra-regional trade within the Maghreb;

(b) environmental matters;

(c) the development of economic infrastructure;

(d) research in science and technology;

(e) cultural matters;

(f) customs matters;

(g) regional institutions and the establishment of common or

harmonised programmes and policies.

 

Article 46

Education and training

The aim of cooperation shall be to:

(a) find ways to bring about a significant improvement in education

and training, including vocational training;

(b) place special emphasis on giving the female population access to

education, including technical training, higher education and

vocational training;

(c) encourage the establishment of lasting links between specialist

bodies on the Parties' territories in order to pool and exchange

experience and methods.

 

Article 47

Scientific, technical and technological cooperation

The aim of cooperation shall be to:

(a) encourage the establishment of permanent links between the

Parties' scientific communities, notably by means of:

- providing Morocco with access to Community research and

technological development programmes in accordance with Community

rules governing non-Community countries' involvement in such

programmes,

- Moroccan participation in networks of decentralised cooperation,

- promoting synergy in training and research;

b) improve Morocco's research capabilities;

c) stimulate technological innovation and the transfer of new

technology and know-how;

d) encourage all activities aimed at establishing synergy at

regional level.

 

Article 48

Environment

The aim of cooperation shall be to prevent deterioration of the

environment, to improve the quality of the environment, to protect

human health and to achieve rational use of natural resources for

sustainable development.

The Parties undertake to cooperate in areas including:

(a) soil and water quality;

(b) the consequences of development, particularly industrial

development (especially safety of installations and waste);

(c) monitoring and preventing pollution of the sea.

 

Article 49

Industrial cooperation

The aim of cooperation shall be to:

(a) encourage cooperation between the Parties' economic operators,

including cooperation in the context of access for Morocco to

Community business networks and decentralised cooperation networks;

(b) back the effort to modernise and restructure Morocco's public

and private sector industry (including the agri-food industry);

(c) foster an environment which favours private initiative, with the

aim of stimulating and diversifying output for the domestic and

export markets;

(d) make the most of Morocco's human resources and industrial

potential through better use of policy in the fields of innovation

and research and technological development;

(e) facilitate access to credit to finance investment.

 

Article 50

Promotion and protection of investment

The aim of cooperation shall be to create a favourable climate for

flows of investment, and to use the following in particular:

(a) the establishment of harmonised and simplified procedures,

co-investment machinery (especially to link small and medium-sized

enterprises) and methods of identifying and providing information on

investment opportunities;

(b) the establishment, where appropriate, of a legal framework to

promote investment, chiefly through the conclusion by Morocco and

the Member States of investment protection agreements and agreements

preventing double taxation.

 

Article 51

Cooperation in standardisation and conformity assessment

The Parties shall cooperate in developing:

(a) the use of Community rules in standardisation, metrology,

quality control and conformity assessment;

(b) the updating of Moroccan laboratories, leading eventually to the

conclusion of mutual recognition agreements for conformity

assessment;

(c) the bodies responsible for intellectual, industrial and

commercial property and for standardisation and quality in Morocco.

 

Article 52

Approximation of legislation

Cooperation shall be aimed at helping Morocco to bring its

legislation closer to that of the Community in the areas covered by

this Agreement.

 

Article 53

Financial services

The aim of cooperation shall be to achieve closer common rules and

standards in areas including the following:

(a) bolstering and restructuring Morocco's financial sectors;

(b) improving accounting, auditing, supervision and regulation of

financial services and financial monitoring in Morocco.

 

Article 54

Agriculture and fisheries

The aim of cooperation shall be to:

(a) modernise and restructure agriculture and fisheries through

methods including the modernisation of infrastructure and equipment,

the development of packaging and storage techniques and the

improvement of private distribution and marketing chains;

(b) diversify output and external markets;

(c) achieve cooperation in health, plant health and growing

techniques.

 

Article 55

Transport

The aim of cooperation shall be to:

(a) achieve the restructuring and modernisation of road, rail, port

and airport infrastructure of common interest, in correlation with

major trans-European communication routes;

(b) define and apply operating standards comparable to those found

in the Community;

(c) bring equipment up to Community standards, particularly where

multimodal transport, containerisation and transhipment are

concerned;

(d) gradually improve road, maritime and multimodal transit and the

management of ports, airports, sea and air traffic and railways.

 

Article 56

Telecommunications and information technology

Cooperation shall focus on:

(a) telecommunications in general;

(b) standardisation, conformity testing and certification for

information technology and telecommunications;

(c) dissemination of new information technologies, particularly in

relation to networks and the interconnection of networks (ISDN -

integrated services digital networks - and EDI - electronic data

interchange);

(d) stimulating research on and development of new communication and

information technology facilities to develop the market in

equipment, services and applications related to information

technology and to communications, services and installations.

 

Article 57

Energy

Cooperation shall focus on:

(a) renewable energy;

(b) promoting the saving of energy;

(c) applied research relating to networks of databases linking the

two Parties' economic and social operators;

(d) backing efforts to modernise and develop energy networks and the

interconnection of such networks with Community networks.

 

Article 58

Tourism

The aim of cooperation shall be to develop tourism, particularly

with regard to:

(a) catering management and quality of service in the various fields

connected with catering;

(b) development of marketing;

(c) promotion of tourism for young people.

 

Article 59

Cooperation in customs matters

1. The aim of cooperation shall be to ensure fair trade and

compliance with trade rules. It shall focus on:

(a) simplifying customs checks and procedures;

(b) the use of the single administrative document and creating a

link between the Community and Moroccan transit systems.

2. Without prejudice to other forms of cooperation provided for in

this Agreement, and particularly those provided for in Articles 61

and 62, the Contracting Parties' administrative authorities shall

provide mutual assistance in accordance with the terms of Protocol

5.

 

Article 60

Cooperation in statistics

The aim of cooperation shall be to bring the methods used by the

Parties closer together and to put to use data on all areas covered

by this Agreement for which statistics can be collected.

 

Article 61

Money laundering

1. The Parties agree on the need to work towards and cooperate on

preventing the use of their financial systems to launder the

proceeds of criminal activities in general and drug trafficking in

particular.

2. Cooperation in this area shall include administrative and

technical assistance with the purpose of establishing suitable

standards against money laundering equivalent to those adopted by

the Community and international fora in this field, including the

Financial Action Task Force (FATF).

 

Article 62

Combating drug use and trafficking

1. The aim of cooperation shall be to:

(a) improve the effectiveness of policies and measures to prevent

and combat the production and supply of and trafficking in narcotics

and psychotropic substances;

(b) eliminate illicit consumption of such products.

2. The Parties shall together set out appropriate strategies and

methods of cooperation, in accordance with their own legislation, to

attain those objectives. For any action which is not conducted

jointly, there shall be consultations and close coordination.

Such action may involve the appropriate public and private sector

institutions and international organisations, in collaboration with

the Government of the Kingdom of Morocco and the relevant

authorities in the Community and the Member States.

3. Cooperation shall take the following forms in particular:

(a) the establishment or expansion of clinics/hostels and

information centres for the treatment and rehabilitation of drug

addicts;

(b) the implementation of prevention, information, training and

epidemiological research projects;

(c) the establishment of standards for preventing diversion of

precursors and other essential ingredients for the illicit

manufacture of narcotics and psychotropic substances, which are

equivalent to those adopted by the Community and the appropriate

international authorities, particularly the Chemicals Action Task

Force (CATF);

(d) the planning and implementation of programmes providing

alternatives to the illicit cultivation of narcotic plants in areas

where such cultivation occurs.

 

Article 63

The two Parties shall together establish the procedures needed to

achieve cooperation in the fields covered by this title.

 

TITLE VI

COOPERATION IN SOCIAL AND CULTURAL MATTERS

CHAPTER I

WORKERS

Article 64

1. The treatment accorded by each Member State to workers of

Moroccan nationality employed in its territory shall be free from

any discrimination based on nationality, as regards working

conditions, remuneration and dismissal, relative to its own

nationals.

2. All Moroccan workers allowed to undertake paid employment in the

territory of a Member State on a temporary basis shall be covered by

the provisions of paragraph 1 with regard to working conditions and

remuneration.

3. Morocco shall accord the same treatment to workers who are

nationals of a Member State and employed in its territory.

 

Article 65

1. Subject to the provisions of the following paragraphs, workers of

Moroccan nationality and any members of their families living with

them shall enjoy, in the field of social security, treatment free

from any discrimination based on nationality relative to nationals

of the Member States in which they are employed.

The concept of social security shall cover the branches of social

security dealing with sickness and maternity benefits, invalidity,

old-age and survivors' benefits, industrial accident and

occupational disease benefits and death, unemployment and family

benefits.

These provisions shall not, however, cause the other coordination

rules provided for in Community legislation based on Article 51 of

the EC Treaty to apply, except under the conditions set out in

Article 67 of this Agreement.

2. 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 survivors' benefits and family, sickness and

maternity benefits and also for that of medical care for the workers

and for members of their families resident in the Community.

3. The workers in question shall receive family allowances for

members of their families who are resident in the Community.

4. The workers in question shall be able to transfer freely to

Morocco, at the rates applied by virtue of the legislation of the

debtor Member State or States, any pensions or annuities in respect

of old age, survivor status, industrial accident or occupational

disease, or of invalidity resulting from industrial accident or

occupational disease, except in the case of special non-contributory

benefits.

5. Morocco shall accord to workers who are nationals of a Member

State and employed in its territory, and to the members of their

families, treatment similar to that specified in paragraphs 1, 3 and

4.

 

Article 66

The provisions of this chapter shall not apply to nationals of the

Parties residing or working illegally in the territory of their host

countries.

 

Article 67

1. Before the end of the first year following the entry into force

of this Agreement, the Association Council shall adopt provisions to

implement the principles set out in Article 65.

2. The Association Council shall adopt detailed rules for

administrative cooperation providing the necessary management and

monitoring guarantees for the application of the provisions referred

to in paragraph 1.

 

Article 68

The provisions adopted by the Association Council in accordance with

Article 67 shall not affect any rights or obligations arising from

bilateral agreements linking Morocco and the Member States where

those agreements provide for more favourable treatment of nationals

of Morocco or of the Member States.

 

CHAPTER II

DIALOGUE IN SOCIAL MATTERS

Article 69

1. The Parties shall conduct regular dialogue on any social matter

which is of interest to them.

2. Such dialogue shall be used to find ways to achieve progress in

the field of movement of workers and equal treatment and social

integration for Moroccan and Community nationals residing legally in

the territories of their host countries.

3. Dialogue shall cover in particular all issues connected with:

(a) the living and working conditions of the migrant communities;

(b) migration;

(c) illegal immigration and the conditions governing the return of

individuals who are in breach of the legislation dealing with the

right to stay and the right of establishment in their host

countries;

(d) schemes and programmes to encourage equal treatment between

Moroccan and Community nationals, mutual knowledge of cultures and

civilisations, the furthering of tolerance and the removal of

discrimination.

 

Article 70

Dialogue on social matters shall be conducted at the same levels and

in accordance with the same procedures as provided for in Title I of

this Agreement, which can itself provide a framework for that

dialogue.

 

CHAPTER III

COOPERATION IN THE SOCIAL FIELD

Article 71

1. With a view to consolidating cooperation between the Parties in

the social field, projects and programmes shall be carried out in

any area of interest to them.

Priority will be afforded to the following projects:

(a) reducing migratory pressure, in particular by improving living

conditions, creating jobs and developing training in areas from

which emigrants come;

(b) resettling those repatriated because of their illegal status

under the legislation of the state in question;

(c) promoting the role of women in the economic and social

development process through education and the media in step with

Moroccan policy on the matter;

(d) bolstering and developing Morocco's family planning and mother

and child protection programmes;

(e) improving the social protection system;

(f) enhancing the health cover system;

(g) implementing and financing exchange and leisure programmes for

mixed groups of Moroccan and European young people residing in the

Member States, with a view to promoting mutual knowledge of their

respective cultures and fostering tolerance.

 

Article 72

Cooperation schemes may be carried out in coordination with Member

States and relevant international organisations.

 

Article 73

A working party shall be set up by the Association Council by the

end of the first year following the entry into force of this

Agreement. It shall be responsible for the continuous and regular

evaluation of the implementation of Chapters I to III.

 

CHAPTER IV

COOPERATION ON CULTURAL MATTERS

Article 74

1. In order to boost mutual knowledge and understanding, taking

account of activities already carried out, the Parties shall

undertake - while respecting each other's culture - to provide a

firmer footing for lasting cultural dialogue and to promote

continuous cultural cooperation between them, without ruling out a

priori any field of activity.

2. In putting together cooperation projects and programmes and

carrying out joint activities, the Parties shall place special

emphasis on young people, on written and audio-visual means of

expression and communication, and on the protection of their

heritage and the dissemination of culture.

3. The Parties agree that cultural cooperation programmes already

under way in the Community or in one or more of its Member States

may be extended to Morocco.

 

TITLE VII

FINANCIAL COOPERATION

Article 75

With a view to full attainment of this Agreement's objectives,

financial cooperation shall be implemented for Morocco in line with

the appropriate financial procedures and resources.

These procedures shall be adopted by mutual agreement between the

Parties by means of the most suitable instruments once this

Agreement enters into force.

In addition to the areas covered by the Titles V and VI of this

Agreement, cooperation shall entail:

- facilitating reforms aimed at modernising the economy,

- updating economic infrastructure,

- promoting private investment and job creation activities,

- taking into account the effects on the Moroccan economy of the

progressive introduction of a free trade area, in particular where

the updating and restructuring of industry is concerned,

- flanking measures for policies implemented in the social sectors.

 

Article 76

Within the framework of Community instruments intended to buttress

structural adjustment programmes in the Mediterranean countries -

and in close coordination with the Moroccan authorities and other

contributors, in particular the international financial institutions

- the Community will examine suitable ways of supporting structural

policies carried out by Morocco to restore financial equilibrium in

all its key aspects and create an economic environment conducive to

boosting growth, while at the same time enhancing social welfare.

 

Article 77

In order to ensure a coordinated approach to dealing with

exceptional macroeconomic and financial problems which could stem

from the progressive implementation of this Agreement, the Parties

shall closely monitor the development of trade and financial

relations between the Community and Morocco as part of the regular

economic dialogue established under Title V.

 

TITLE VIII

INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 78

An Association Council is hereby established which shall meet at

ministerial level once a year and when circumstances require, on the

initiative of its Chairman and in accordance with the conditions

laid down in its Rules of Procedure.

It shall examine any major issues arising within the framework of

this Agreement and any other bilateral or international issues of

mutual interest.

 

Article 79

1. The 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 Kingdom of Morocco, on the other.

2. Members of the Association Council may arrange to be represented,

in accordance with the provisions laid down in its Rules of

Procedure.

3. The Association Council shall establish its Rules of Procedure.

4. The Association Council shall be chaired in turn by a member of

the Council of the European Union and a member of the Government of

the Kingdom of Morocco in accordance with the provisions laid down

in its Rules of Procedure.

 

Article 80

The Association Council shall, for the purpose of attaining the

objectives of this Agreement, have the power to take decisions 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. The

Association Council may also make appropriate recommendations.

It shall draw up its decisions and recommendations by agreement

between the two Parties.

 

Article 81

1. Subject to the powers of the Council, an Association Committee is

hereby established which shall be responsible for the implementation

of the Agreement.

2. The Association Council may delegate to the Association

Committee, in full or in part, any of its powers.

 

Article 82

1. The Association Committee, which shall meet at the level of

officials, shall consist of representatives of members of the

Council of the European Union and of members of the Commission of

the European Communities, on the one hand, and of representatives of

the Government of the Kingdom of Morocco, on the other.

2. The Association Committee shall establish its Rules of Procedure.

3. The Association Committee shall be chaired in turn by a

representative of the Presidency of the Council of the European

Union and by a representative of the Government of the Kingdom of

Morocco.

The Association Committee shall normally meet alternately in the

Community and in Morocco.

 

Article 83

The Association Committee shall have the power to take decisions for

the management of the Agreement as well as in those areas in which

the Council has delegated its powers to it.

It shall draw up its decisions by agreement between the Parties.

These decisions shall be binding on the Parties, which shall take

the measures necessary to implement the decisions taken.

 

Article 84

The Association Council may decide to set up any working group or

body necessary for the implementation of the Agreement.

 

Article 85

The Association Council shall take all appropriate measures to

facilitate cooperation and contacts between the European Parliament

and the parliamentary institutions of the Kingdom of Morocco, and

between the Economic and Social Committee of the Community and its

counterpart in the Kingdom of Morocco.

 

Article 86

1. Either Party may refer to the Association Council any dispute

relating to the application or interpretation of this Agreement.

2. The Association Council may settle the dispute by means of a

decision.

3. Each Party shall be bound to take the measures involved in

carrying out the decision referred to in paragraph 2.

4. In the event of it not being possible to settle the dispute in

accordance with paragraph 2, either Party may notify the other of

the appointment of an arbitrator; the other Party must then appoint

a second arbitrator within two months. For the application of this

procedure, the Community and the Member States shall be deemed to be

one Party to the dispute.

The Association Council shall appoint a third arbitrator.

The arbitrators' decisions shall be taken by majority vote.

Each party to the dispute shall take the steps required to implement

the decision of the arbitrators.

 

Article 87

Nothing in this Agreement shall prevent a Contracting 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 88

In the fields covered by this Agreement, and without prejudice to

any special provisions contained therein:

- the arrangements applied by the Kingdom of Morocco 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

Kingdom of Morocco shall not give rise to any discrimination between

Moroccan nationals or its companies or firms.

 

Article 89

Nothing in this Agreement shall have the effect of:

- extending the fiscal advantages granted by either Party in any

international agreement or arrangement by which it is bound,

- preventing the adoption or application by either Party of any

measure aimed at preventing fraud or the evasion of taxes,

- opposing the right of either Party to apply the relevant

provisions of its tax legislation to taxpayers who are not in an

identical situation as regards their place of residence.

 

Article 90

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 Association Council with all the 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 Association Council and shall

be the subject of consultations within the Association Council if

the other Party so requests.

 

Article 91

Protocols 1 to 5, Annexes 1 to 7 and the Declarations shall form an

integral part of this Agreement. The Declarations and Exchanges of

Letters can be found in the Final Act, which shall likewise form an

integral part of this Agreement.

 

Article 92

For the purposes of this Agreement, "Parties" shall mean, on the one

hand, the Community or the Member States, or the Community and its

Member States, in accordance with their respective powers, and, on

the other hand, Morocco.

 

Article 93

This Agreement shall be 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 94

This Agreement shall apply, on the one hand, to the territories in

which the Treaties establishing the European Community and the

European Coal And Steel Community are applied and under the

conditions laid down in those Treaties and, on the other hand to the

territory of the Kingdom of Morocco.

 

Article 95

This Agreement is drawn up in duplicate in the Danish, Dutch,

English, Finnish, French, German, Greek, Italian, Portuguese,

Spanish, Swedish and Arabic languages, each of these texts being

equally authentic.

 

Article 96

1. This Agreement shall be approved by the Contracting Parties in

accordance with their own procedures.

It shall enter into force on the first day of the second month

following the date on which the Contracting Parties notify each

other that the procedures referred to in the first paragraph have

been completed.

2. Upon its entry into force, this Agreement shall replace the

Cooperation Agreement between the European Community and the Kingdom

of Morocco and the Agreement between the Member States of the

European Coal and Steel Community and the Kingdom of Morocco, signed

in Rabat on 25 April 1976.

 

 

 

Hecho en Bruselas, el veintisłis de febrero de mil novecientos

noventa y seis.

Udfördiget i Bruxelles, den seksogtyvende februar nitten hundrede og

seksoghalvfems.

Geschehen zu BrŽssel am sechsundzwanzigsten Februar

neunzehnhundertsechsundneunzig.

>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ąžł Öõņę˙įńęč˙į ščūłń

õżżłńśŽėłń õżõżČżĮń ąžł.

>ISO_1>Done at >ISO_7>Ā>ISO_1>russels on the twenty-sixth day of

February in the year one thousand nine hundred and ninety-six.

Fait š Bruxelles, le vingt-six fłvrier mil neuf cent

quatre-vingt-seize.

Fatto a Bruxelles, addü ventisei febbraio millenovecentonovantasei.

Gedaan te Brussel, de zesentwintigste februari negentienhonderd

zesennegentig.

Feito em Bruxelas, em vinte e seis de Fevereiro de mil novecentos e

noventa e seis.

Tehty Brysselissō kahdentenakymmenentenōkuudentena pōivōnō

helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi.

Som skedde i Bryssel den tjugosjōtte februari nittonhundranittiosex.

>PIC FILE= "L_2000070EN.002101.TIF">

 

Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das

KŠnigreich Belgien

>PIC FILE= "L_2000070EN.002102.TIF">

Cette signature engage łgalement la Communautł fran÷aise, la

Communautł flamande, la Communautł germanophone, la Rłgion wallonne,

la Rłgion flamande et la Rłgion de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de

Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest,

het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige

Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische

Gemeinschaft, die Wallonische Region, die Flōmische Region und die

Region BrŽssel-Hauptstadt.

 

Põ Kongeriget Danmarks vegne

>PIC FILE= "L_2000070EN.002103.TIF">

 

FŽr die Bundesrepublik Deutschland

>PIC FILE= "L_2000070EN.002201.TIF">

 

>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń

>ISO_1>> PIC FILE= "L_2000070EN.002202.TIF">

 

Por el Reino de Espaęa

>PIC FILE= "L_2000070EN.002203.TIF">

 

Pour la Rłpublique fran÷aise

>PIC FILE= "L_2000070EN.002204.TIF">

 

Thar cheann Na hÉireann/For Ireland

>PIC FILE= "L_2000070EN.002205.TIF">

 

Per la Repubblica italiana

>PIC FILE= "L_2000070EN.002206.TIF">

 

Pour le Grand-Duchł de Luxembourg

>PIC FILE= "L_2000070EN.002301.TIF">

 

Voor het Koninkrijk der Nederlanden

>PIC FILE= "L_2000070EN.002302.TIF">

 

FŽr die Republik Österreich

>PIC FILE= "L_2000070EN.002303.TIF">

 

Suomen tasavallan puolesta

>PIC FILE= "L_2000070EN.002304.TIF">

 

FŠr Konungariket Sverige

>PIC FILE= "L_2000070EN.002305.TIF">

 

Pela RepŪblica Portuguesa

>PIC FILE= "L_2000070EN.002306.TIF">

 

For the United Kingdom of Great Britain and Northern Ireland

>PIC FILE= "L_2000070EN.002401.TIF">

 

Por las Comunidades Europeas/For De Europöiske Föllesskaber/FŽr die

Europōischen Gemeinschaften/>ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ

Ź˙łżŽĮ÷ĮõĖ/>ISO_1>For the European Communities/Pour les Communautłs

europłennes/Per le Comunitš europee/Voor de Europese

Gemeenschappen/Pelas Comunidades Europeias/Euroopan yhteisŠjen

puolesta/Põ Europeiska gemenskapernas vōgnar

>PIC FILE= "L_2000070EN.002402.TIF">

>PIC FILE= "L_2000070EN.002403.TIF">

 

 

>PIC FILE= "L_2000070EN.002404.TIF">

>PIC FILE= "L_2000070EN.002405.TIF">

 

(1) Renumbered Articles 81, 82 and 87 in the consolidated version of

the EC Treaty (following the entry into force of the Treaty of

Amsterdam).

 

 

 

LIST OF ANNEXES

 

 

>TABLE POSITION>

 

 

ANNEX 1

 

 

PRODUCTS REFERRED TO IN ARTICLE 10(1)

>TABLE POSITION>

 

 

ANNEX 2

 

PRODUCTS REFERRED TO IN ARTICLE 10(2)

List 1((Products for which Morocco will maintain the level of

customs charges prevailing on 1 January 1995 for four years, within

the tariff quotas shown, in accordance with the first subparagraph

of Article 10(3).

In accordance with the second subparagraph of Article 10(3), during

the elimination of the industrial component of the duties pursuant

to Article 10(4), the level of the duties to be applied in respect

of the products for which the tariff quotas are to be abolished may

not be higher than the level of the duties in force on 1 January

1995.))

>TABLE POSITION>

List 2

>TABLE POSITION>

List 3

>TABLE POSITION>

 

 

ANNEX 3

 

PRODUCTS REFERRED TO IN ARTICLE 11(2)

HS heading

1505

1522

1901 90 10 10

1903

2001 except 2001 90 30

2004 10 91

2101 20

2103 10

2106 90 10

2208

2502

2503

2504

2505

2506

2507

2508

2509

2510

2511

2512

2513

2514

2516

2517

2518

2519

2521

2523 21

2523 30

2523 90

2524

2525

2526

2527

2528

2529

2530 10

2530 30

2530 40

2530 90

2701

2702

2703

2704

2705

2706

2707

2708

2709

2710 00 19

2710 00 20

2710 00 30

2710 00 40

2711 14

2711 19

2711 21

2711 29

2712

2713

2714

2715

2801 20

2801 30

2803

2804 21

2804 29

2804 50

2804 61

2804 69

2804 70

2804 80

2804 90

2805

2808

2810 00

2811 11

2811 19

2811 22

2811 23

2812

2813

2814

2815 20

2815 30

2816

2817 00 90

2818

2819

2820

2821

2822

2823

2824

2825

2826

2827

2829

2830

2831

2832

2833 11

2833 19

2833 23

2833 24

2833 27

2833 29

2833 40

2834

2835 24

2835 29

2835 31

2835 39

2836

2837

2838

2840

2841

2842 10

2843

2844

2845

2846

2847

2848

2849

2850

2901 21

2901 22

2901 24

2902

2903

2904

2905 11

2905 12

2905 13

2905 14

2905 15

2905 16

2905 17

2905 19 10

2905 21

2905 22

2905 29

2905 31

2905 32

2905 39

2905 41

2905 42

2905 43

2905 44

2905 49

2905 50

2906

2907

2908

2909

2910

2911

2912

2913

2914

2915

2916

2917

2918

2919

2920

2921

2922

2923

2924

2925

2926

2927

2928

2929

2930

2931

2932

2933

2934

2935

2936

2937

2938

2939

2940

2941

2942

3002 10

3002 20

3002 39 90

3003 39 20

3003 90 91

3004 10 20

3004 10 30

3004 10 91

3004 10 92

3004 10 93

3004 20 20

3004 20 30

3004 20 91

3004 20 92

3004 20 93

3004 20 94

3004 31 10

3004 31 91

3004 31 92

3004 31 93

3004 32 20

3004 32 30

3004 32 91

3004 32 92

3004 32 93

3004 32 94

3004 39 20

3004 39 30

3004 39 40

3004 39 91

3004 39 92

3004 39 93

3004 40 20

3004 40 30

3004 40 91

3004 40 92

3004 40 93

3004 50 20

3004 50 91

3004 50 92

3004 50 93

3004 90 20

3004 90 30

3004 90 40

3004 90 50

3004 90 91

3004 90 92

3004 90 93

3004 90 94

3005 10 10

3006 20

3006 30

3006 60 11

3006 60 12

Chapter 31

3201

3202

3203

3204 except 3204 12

3206

3207

3208 90 10

3209 90 10

3210

3402 11

3402 12

3402 13

3402 19

3403 99 10

3404 20

3507 90 10

3606 90

3701 10

3701 20 10

3701 20 99

3701 30

3701 91

3701 99

3702 10

3702 20 10

3702 20 99

3702 31

3702 32

3702 39

3702 41

3702 42

3702 43

3702 44

3702 51

3702 52

3702 53

3702 54

3702 55

3702 56

3702 91

3702 92

3702 93

3702 94

3702 95

3706 10 93

3706 90 93

3801

3802

3803

3805

3806

3807

3812

3813

3814

3815

3817

3818

3821

3822

3823 10

3823 20

3823 30

3823 60 10

3823 60 90

3823 90 10

3823 90 20

3823 90 91

3823 90 92

3823 90 93

3901 10 90

3901 20 90

3901 30 20

3901 30 90

3901 90 20

3901 90 90

3902 10 90

3902 20 90

3902 30 20

3902 30 90

3902 90 20

3902 90 90

3903 11 90

3903 19 90

3903 20 90

3903 30 90

3903 90 90

3904 30 90

3904 40 20

3904 40 90

3904 50 90

3904 61 90

3904 69 20

3904 69 90

3904 90 19

3904 90 29

3904 90 95

3904 90 99

3905 19 19

3905 19 29

3905 19 95

3905 19 99

3905 20 90

3905 90 30

3905 90 95

3905 90 99

3906 10 90

3906 90 19

3906 90 95

3906 90 99

3907 10

3907 20

3907 30

3907 40

3907 60 10

3907 99 90

3908 10 90

3908 90 90

3909 10 11

3909 20 90

3909 30 90

3909 40 90

3909 50 90

3910

3911 10 11

3911 10 13

3911 10 19

3911 10 91

3911 10 93

3911 10 99

3911 90 93

3911 90 99

3912 11 00

3912 20 10

3912 31 10

3912 39 10

3912 90 21

3913 10 00

3914

3920 41 10

3920 42 10

3921 90 10

4001

4002

4003

4004 00 10

4004 00 21

4004 00 22

4004 00 40

4004 00 90

4005 10 10

4005 20

4005 91 91

4005 99

4006 90 11

4007

4011 30

4012 90 21

4014

4015 11

4016 99 92

4016 99 93

4101

4102

4103

4110

4301

4401

4402

4403

4701 00 10

4702 00 10

4702 00 21

4702 00 29

4702 00 31

4702 00 91

4703 11

4703 19 10

4703 21 10

4703 21 90

4703 29 10

4704 11

4704 19 10

4704 21 10

4704 21 90

4704 29 10

4705 00 10

4706

4707 10

4801 00 10

4802 20

4804 31 21

4813

4816 30

4901 10

4901 91 90

4901 99 99

4902 10 90

4902 90 90

4904 00 90

4905

4906

4907 00 10

4908 10 91

4908 90 91

4911 10 10

4911 99 10

Chapter 50

5101

5102

5103

5104

5105

5111 11 10

5111 19 10

5111 20 10

5111 30 10

5111 90 10

5112 11 10

5112 19 10

5112 20 10

5112 30 10

5112 90 10

5201

5202

5203

5301

5302

5303

5304

5305

5501

5502

5503

5504

5505

5506

5507

5601 30

5603 00 10

5604 90 30

5608 11 10

5608 90 11

5608 90 21

5811 00

5902 10 10

5902 20 10

5902 90 10

5903 10 10

5903 20 10

5903 90 10

5906 99 10

5906 99 20

5907 00 10

5908

5909

5910

5911

6115 91 91

6115 92 91

6115 93 91

6115 99 91

6214 10

6215 10

6310 10 10

6310 90 10

Chapter 66 except 6601 10

Chapter 67

6902 10

6903 10

6909

6914

7001

7002

7003

7004

7005

7006

7008

7010 90 21

7010 90 29

7011

7012

7014

7015

7016

7017

7018

7019

Chapter 71

7201

7202

7203

7204

7205

7206

7207

7208

7209

7210 50

7210 11 99

7211

7212 10 10

7212 10 21

7212 10 29

7212 10 91

7212 10 99

7212 40 31

7212 50 10

7212 50 207212 50 31

7212 50 32

7212 50 33

7212 50 39

7212 50 61

7212 50 62

7212 50 64

7212 50 69

7212 60 10

7212 60 21

7212 60 29

7212 60 91

7213 10 10

7213 10 91

7213 10 99

7213 20 00

7213 31 90

7213 39 10

7213 41 90

7213 49 10

7213 49 90

7213 50 10

7213 50 91

7213 50 99

7214 10 00

7214 20 10

7214 20 99

7214 30 00

7214 40 90

7214 50 90

7214 60 10

7214 60 99

7215 10 00

7215 20 99

7215 30 99

7215 40 10

7215 40 99

7215 90 10

7215 90 39

7215 90 90

7216

7217 12 10

7217 13 90

7217 19 10

7217 22 10

7217 23 90

7217 29 10

7217 31 10

7217 32 10

7217 32 91

7217 33 10

7217 33 99

7217 39 20

7217 39 10

7218

7219

7220

7221

7222

7223

7224

7225

7226

7227

7228

7229

7301 10

7302

7303

7304 10 10

7304 10 99

7304 20

7304 31

7304 39

7305 11 99

7305 12 99

7305 19 99

7305 20 99

7305 31 99

7305 39 99

7305 90 99

7306 10 99

7306 20 99

7306 30 99

7306 40 99

7306 50 99

7306 60 99

7306 90 99

7311 00 10

7312 10 10

7315

7318 12 10

7318 13 10

7318 14 10

7318 15 10

7318 16 10

7318 19 10

7318 21 10

7318 22 10

7318 23 10

7318 24 10

7318 29 10

7319

7321 90 10

7401

7402

7403

7404

7405 00 10

7405 00 90

7406 10 00

7406 20 00

7407 10 10

7407 10 90

7407 21

7408 11 00

7408 19 90

7408 21 10

7408 21 29

7408 21 30

7408 21 41

7408 21 91

7408 22 10

7408 22 29

7408 29 10

7408 29 29

7409

7410

7415 21 10

7415 29 10

7415 31 10

7415 32 10

7415 39 10

7419 91 30

7419 99 30

7501

7502

7503

7504

7505

7506

7507

7508 00 10

7508 00 21

7601

7602

7603

7604 10 31

7604 10 40

7604 10 51

7604 10 91

7604 29 21

7604 29 30

7604 29 41

7604 29 91

7605 11 00

7605 19 21

7605 19 90

7605 21 00

7605 29 21

7605 29 90

7606 11

7606 12

7606 91

7606 92

7607 11 00

7607 19 10

7616 10 10

7616 90 10

7616 90 60

Chapter 78

7901

7902

7903

7904

7905

8001

8002

Chapter 81

8201 20

8202 10 00

8203

8204

8205 except 8205 20

8206

8207 11 10

8207 11 90

8207 12 10

8207 12 20

8207 12 90

8207 20 10

8207 20 90

8207 30 10

8207 30 90

8207 40 10

8207 40 20

8207 40 90

8207 50 11

8207 50 19

8207 50 20

8207 50 90

8207 60 10

8207 60 20

8207 60 90

8207 70 10

8207 70 20

8207 70 90

8207 80 19

8207 80 30

8207 80 90

8207 90 11

8207 90 19

8207 90 20

8207 90 31

8207 90 33

8207 90 39

8207 90 50

8207 90 90

8208

8210

8212

8213

8308

8404 10 90

8407 10

8408 10

8412 80 99

8414 30 90

8415 82 00

8415 90 00

8418 61 00

8420 99 00

8421 19 00

8450 20

8450 90

8451 90 10

8451 90 90

8474 10

8482

8483 10 19

8483 20

8483 60 90

8504 21 10

8504 22 10

8504 23 10

8504 31 91

8504 32 91

8504 33 10

8504 34 10

8504 90

8507 90

8510

8511

8512

8513

8516 31 00

8516 32 00

8516 33 00

8516 40 00

8516 50 00

8516 71 00

8516 72 00

8516 79 00

8517

8518

8519

8520

8521

8522

8523

8524

8525

8526

8527

8528

8529 except 8529 10 23

8533

8535 40

8539

8540

8544 19

8545

8546

8547

8548

8701 10

8701 20 11

8701 30

8702 10 10

8702 90 10

8704 10 10

8704 21 10

8704 22 10

8704 23 10

8704 31 10

8704 32 10

8704 90 10

8708 40

8708 50

8708 60

8708 70

8708 80 99

8708 93 00

8708 94

8709

8710

9001

9002

9005

9006

9007

9008

9018 39 11

9028 90 11

Chapter 91

Chapter 92

Chapter 95 except 9504 40

9602

9605

9606

9612

9613

9614

9617

9618

 

 

ANNEX 4

 

PRODUCTS REFERRED TO IN ARTICLE 11(3)

HS heading

1803

1804

1805

2101 10

2101 30

2102

2103 except 2103 10

2104

2106 except 2106 90 10

2201 10

2202 10

2202 90

2205

2207

2209

2402

2403

2501

2515

2520

2522

2523 10

2523 29

2530 20

2710 00 11

2710 00 90

2711 11

2711 12

2711 13

2801 10

2802

2804 10

2804 30

2804 40

2806

2807

2809

2811 21

2811 29

2815 11

2815 12

2817 00 10

2828

2833 21

2833 22

2833 25

2833 26

2833 30

2835 10

2835 21

2835 22

2835 23

2835 25

2835 26

2839

2842 90

2851

2901 10

2901 23

2901 29

2905 19 90

3001

3002 31

3002 39 10

3002 90

3003 except 3003 39 20

3004 10 10

3004 20 10

3004 31 20

3004 32 10

3004 39 10

3004 40 10

3004 50 10

3004 90 10

3005 except 3005 10 10

3006 10

3006 40

3006 50

3006 60 19

3006 60 91

3006 60 99

3204 12

3205

3208 10

3208 20

3208 90 90

3209 except 3209 90 10

Chapter 33

3401

3402 20

3403 except 3403 99 10

3404 except 3404 20

3405

3406

3407

3501

3502

3503

3504

3505

3506

3507 except 3507 90 10

3605

3701 20 91

3702 20 91

3703

3704

3705

3706 except 3706 10 93

3804

3808

3809

3810

3811

3816

3819

3820

3823 40

3823 50

3823 90

3901 10 10

3901 20 10

3901 30 10

3901 90 10

3902 10 10

3902 20 10

3902 30 10

3902 90 10

3903 11 10

3903 19 10

3903 20 10

3903 30 10

3903 90 10

3904 10

3904 21

3904 22

3904 30 10

3904 40 10

3904 50 10

3904 61 10

3904 69 10

3904 90 11

3904 90 91

3905 11

3905 19 11

3905 19 91

3905 20 11

3905 90 11

3905 90 91

3906 10 10

3906 90 11

3907 50

3907 60 20

3907 91

3907 99 10

3908 10 10

3908 90 10

3909 10 19

3909 20 10

3909 30 10

3909 40 10

3909 50 10

3911 10 17

3911 10 97

3911 90 10

3912 12

3912 20 90

3912 31 90

3912 39 90

3912 90 10

3913 90

3915

3916

3917

3918

3919

3920 except 3920 41 10

3921 except 3921 90 10

3922

3923

3924

3925

3926

4004 00 23

4005 10 20

4005 91 10

4006 except 4006 90 11

4008 to 4010

4011 except 4011 30

4012 10

4012 90 10

4012 90 29 00

4012 90 31

4012 90 39 00

4012 90 40 10

4012 90 90 11

4013

4015 except 4015 11

4016 except 4016 99 92

4017

4104

4105

4106

4107

4108

4109

4111

Chapter 42

4302

4303

4304

4404 to 4421

4501 to 4504

Chapter 46

4701 00 90

4702 00 39

4703 19 90

4704 19 20

4705 00 90

4707 20

4801 00 90

4802 10

48034804 except 4804 31 21

4805

4806

4807

4809

4810

4811

4812

4814

4815

4816 10

4817

4818

4819

4820

4821

4822

4823

4901 91 10

4901 99 10

4902 10 10

4902 90 10

4903

4904 00 10

4907 00 30

4908 10 10

4908 90 10

4909

4911 10 99

4911 91

4911 99 20

5106

5107

5108

5109

5110

5111 11 99

5111 19 99

5111 20 99

5111 30 99

5111 90 99

5112 11 99

5112 19 99

5112 20 99

5112 30 99

5112 90 99

5113

5204

5205

5206

5207

5208

5209

5210

5211

5212

5306

5307

5308

5309

5310

5311

5401

5402

5403

5404

5405

5406

5407

5408

5508 to 16

5601 10 10

5601 10 90

5601 21 to 29

5602

5603 except 5603 00 10

5604 except 5604 90 30

5605

5606

5607

5608 11 90

5608 19

5608 90 19

5608 90 29

5608 90 30

5608 90 90

5609

Chapter 57

Chapter 58 except 5811 00

5901

5902 10 20

5902 10 90

5902 20 20

5902 20 90

5902 90 20

5902 90 90

5903 10 90

5903 20 90

5903 90 90

5904

5905

5906 10 00

5906 99 90

5906 91 00

5907 00 20

5907 00 90

Chapter 60

6101

6102

6103

6104

6105

6106

6107

6108

6109

6110

6111

6112

6113

6114

6115 11

6115 12

6115 19

6115 20

6115 91 10

6115 91 99

6115 92 10

6115 92 99

6115 93 10

6115 93 99

6115 99 10

6115 99 99

6116

6117

Chapter 62 except 6214 10

Chapter 63 except 6310 10 10

Chapter 64

Chapter 65

6601 10

Chapter 68

6901

6902 20

6903 20

6904

6905

6906

6907

6908

6910

6911

6912

6913

7007

7009

7010 except 7010 90 21

7013

7020

7210 except 7210 50

7210 except 7210 11 99

7212 21

7212 29

7212 30

7212 40 except 7212 40 31

7212 50 40

7212 50 51

7212 50 52

7212 50 59

7212 50 63

7212 50 90

7212 60 30

7212 60 99

7213 10 92

7213 10 93

7213 31 10

7213 39 20

7213 39 30

7213 41 10

7213 49 20

7213 50 92

7213 50 93

7214 20 91

7214 40 10

7214 50 10

7214 60 91

7215 20 10

7215 20 91

7215 30 10

7215 30 91

7215 40 20

7215 40 91

7215 90 20

7215 90 31

7215 90 32

7217 11 00

7217 12 90

7217 13 10

7217 19 90

7217 21 00

7217 22 90

7217 23 10

7217 29 90

7217 31 90

7217 32 99

7217 33 91

7217 39 90

7301 20

7305 11 10

7305 11 91

7305 12 10

7305 19 10

7305 19 91

7305 20 10

7305 31 10

7305 31 20

7305 31 91

7305 39 10

7305 39 20

7305 39 91

7305 90 10

7305 90 20

7305 90 91

7306 10 10

7306 10 91

7306 20 10

7306 20 91

7306 30 10

7306 30 91

7306 40 10

7306 40 91

7306 50 10

7306 50 91

7306 60 10

7306 60 91

7306 90 10

7306 90 91

7307

7308

7309

7310

7311 00 90

7312 10 90

7312 90

7313

7314

7316

7317

7318 11 00

7318 12 90

7318 13 90

7318 14 90

7318 15 90

7318 16 90

7318 19 90

7318 21 90

7318 22 90

7318 23 21

7318 23 29

7318 23 91

7318 23 99

7318 24 90

7318 29 90

7320

7321 except 7321 90 10

7322

7323

7324

7325

7326

7408 19 10

7408 21 21

7408 21 49

7408 21 99

7408 22 21

7408 22 49

7408 22 99

7408 29 21

7408 29 49

7408 29 99

7411

7412

7413

7414

7415 10 00

7515 21 21

7415 21 29

7415 21 91

7415 21 99

7415 29 21

7415 29 29

7415 29 91

7415 29 99

7415 31 90

7415 32 90

7415 39 90

7416

7417

7418

7419 10 00

7419 91 10

7419 91 20

7419 91 40

7419 91 90

7419 99 10

7419 99 20

7419 99 40

7419 99 90

7508 00 except 7508 00 10

7604 10 10

7604 10 20

7604 10 39

7604 10 59

7604 10 99

7604 21 00

7604 29 10

7604 29 29

7604 29 49

7604 29 99

7605 19 10

7605 19 29

7605 29 10

7605 29 29

7607 19 90

7607 20 00

7608

7609

7610

7611

7612

7613

7614

7615

7616 10 20

7616 10 90

7616 90 20

7616 90 30

7616 90 40

7616 90 50

7616 90 70

7616 90 90

7906

7907

8003

8004

8005

8006

8007

8201 10

8201 30

8201 40

8201 90

8202 20 00

8202 31 00

8202 32 00

8202 40 00

8202 91 00

8202 99 00

8205 20

8207 80 11

8207 80 20

8209 00 00

8211 10 00

8211 91 00

8211 92 00

8211 93 00

8211 94 00

8214

8215

8301

8302

8303

8304

8305

8306

8307

8309

8310

8311

8402 11 00

8402 12 91

8402 12 99

8402 19 91

8402 19 99

8402 20 00

8402 90 91

8402 90 99

8403 10 00

8403 90 00

8407 31

8407 32

8408 20

8408 90

8409 91 21

8409 91 30

8409 91 41

8409 91 50

8409 99 21

8409 99 29

8409 99 30

8409 99 50

8413 91 00

8413 92 00

8414 59 90

8414 60 10

8414 90 60

8414 90 70

8414 90 90

8417 20 00

8418 10 00

8418 21 00

8418 22 00

8418 29 00

8418 30 00

8418 40 00

8418 50 00

8418 91 00

8418 99 00

8419 11

8419 19

8419 20 00

8419 81 20

8419 89 00

8419 90

8421 23 00

8421 29 10

8421 31 00

8421 39 10

8421 99 21

8421 99 91

8424 10 00

8426 11 10

8426 11 90

8426 12 10

8426 20 10

8426 30 10

8431 39

8431 41

8431 42 00

8431 49 21

8431 49 23

8431 49 24

8431 49 90

8432 10

8432 90

8436 29 00

8436 91 00

8436 99 00

8450 11

8450 12

8450 19

8464 90 10

8474 31 11

8474 90 10

8474 90 91

8474 90 99

8481

8483 10 11

8483 10 21

8483 50 00

8483 60 10

8483 90 00

8484

8485

8502 11 00

8504 10

8504 21 90

8504 22 90

8504 23 90

8504 31 10

8504 31 99

8504 32 10

8504 32 99

8504 33 90

8504 34 90

8504 40

8504 50 00

8506 11 00

8506 12 00

8506 13 00

8506 19

8506 20 10

8506 20 90

8506 90 90

8507 10 00

8507 20 00

8507 30

8507 40

8507 80

8516 10 00

8516 21 00

8516 29 00

8516 60 00

8516 80 00

8516 90 10

8516 90 90

8529 10 23

8535 except 8535 40

8536

8537

8538

8544 except 8544 19

8601

8602

8603

8605

8606

8609

8701 20 19

8701 90 42

8701 90 99

8702 10 91

8702 10 92 except 8702 92 90

8702 10 99 except 8702 10 99 19

8702 90 21

8702 90 22 except 8702 90 22 90

8702 90 29 except 8702 90 29 19

8702 90 90

8703 10

8703 21 10

8703 21 20

8703 21 81

8703 22 10

8703 22 20

8703 22 81

8703 23 10

8703 23 20/31/39/51/59/81/89

8703 24 10

8703 31 10

8703 31 20

8703 31 41

8703 32 10

8703 32 20

8703 32 41

8703 33 10

8703 90 00

8704 10 90

8704 21 90 except 8704 21 90 39

8704 21 90 except 8704 21 90 79

8704 22 90 except 8704 22 90 29

8704 22 90 except 8704 22 90 59

8704 23 90

8704 31 90 except 8704 31 90 39

8704 31 90 except 8704 31 90 79

8704 32 90 except 8704 32 90 29

8704 32 90 except 8704 32 90 59

8704 90 90

8705 except 8705 10 00 90

8705 except 8705 90 90 99

8706

8707

8708 10

8708 21

8708 29

8708 31

8708 39

8708 80 10

8708 80 20

8708 80 91

8708 91

8708 92

8708 99

8711

8712

8713

8714

8715

8716 except 8716 31 90 99

8716 except 8716 39 90 90

9003

9004

9018 31 00

9018 39 19

9018 39 20

9021 21

9021 30 10

9028 10

9028 20

9028 30

9028 90 19

9028 90 90

9401

9403

9404

9405

9406

9504 40

9603

9604

9607

9608

9609

9610

9611

9615

9616

NB:

In the case of the headings marked with an asterisk, tariff

dismantling will follow the schedule set out below:

three years after the Agreement enters into force, each of the

duties and charges will be reduced to 97 % of the basic duties,

four years after the Agreement enters into force, each of the duties

and charges will be reduced to 94 % of the basic duties,

five years after the Agreement enters into force, each of the duties

and charges will be reduced to 91 % of the basic duties,

six years after the Agreement enters into force, each of the duties

and charges will be reduced to 88 % of the basic duties,

seven years after the Agreement enters into force, each of the

duties and charges will be reduced to 73 % of the basic duties,

eight years after the Agreement enters into force, each of the

duties and charges will be reduced to 58 % of the basic duties,

nine years after the Agreement enters into force, each of the duties

and charges will be reduced to 43 % of the basic duties,

10 years after the Agreement enters into force, each of the duties

and charges will be reduced to 28 % of the basic duties,

11 years after the Agreement enters into force, each of the duties

and charges will be reduced to 13 % of the basic duties,

12 years after the Agreement enters into force, each of the

remaining duties and charges will be eliminated.

 

 

ANNEX 5

 

 

PRODUCTS REFERRED TO IN ARTICLE 12(1)

>TABLE POSITION>

New cars: 69500 DH per car.

Used cars: 65000 DH per car.

 

 

ANNEX 6

 

PRODUCTS REFERRED TO IN ARTICLE 12(2)

List 1((The concept of used goods will be governed by a benchmark of

age, based on the length of time for which the goods have been in

use. This should be determined by the Parties six months before the

Agreement enters into force.

The concept of used goods will not apply to reconditioned goods

which are recognised as complying with the technical regulations in

force in Morocco.))

>TABLE POSITION>

List 2((The concept of used goods will be governed by a benchmark of

age, based on the length of time for which the goods have been in

use. This should be determined by the Parties six months before the

Agreement enters into force.

The concept of used goods will not apply to reconditioned goods

which are recognised as complying with the technical regulations in

force in Morocco.))

>TABLE POSITION>

 

 

ANNEX 7

 

relating to intellectual, industrial and commercial property

1. By the end of the fourth year after the entry into force of the

Agreement, Morocco shall accede to the following multilateral

conventions on the protection of intellectual, industrial and

commercial property:

- International Convention for the Protection of Performers,

Producers of Phonograms and Broadcasting Organisations (Rome, 1961),

- Budapest Treaty on the International Recognition of the Deposit of

Micro-Oganisms for the Purposes of Patent Procedure (1977, amended

in 1980),

- Patent Cooperation Treaty (1970, amended in 1979 and modified in

1984),

- International Convention for the Protection of the New Varieties

of Plants (Act of Geneva, 1991).

2. The Association Council may decide that paragraph 1 of this Annex

applies to other multilateral conventions in this field.

3. The Contracting Parties express their attachment to observing the

obligations flowing from the following multilateral conventions:

- Paris Convention for the Protection of Industrial Property in the

1967 Act of Stockholm (Paris Union),

- Madrid Agreement concerning the International Registration of

Marks in the 1969 Act of Stockholm (Madrid Union),

- Berne Convention for the Protection of Literary and Artistic Works

in the Act of Paris of 24 July 1971,

- Protocol relating to the Madrid Agreement concerning the

International Registration of Marks (1989),

- Nice Agreement concerning the International Classification of

Goods and Services for the purposes of the Registration of Marks

(Geneva, 1977).

 

 

LIST OF PROTOCOLS

 

 

>TABLE POSITION>

 

 

PROTOCOL 1

on the arrangements applying to imports into the Community of

agricultural products originating in Morocco

 

Article 1

1. The products listed in the Annex, originating in Morocco, shall

be admitted for import into the Community in accordance with the

conditions set out below and in the Annex.

2. Import duties shall be either eliminated or reduced by the

percentage indicated in respect of each product in column (a).

Where the Common Customs Tariff provides for the application of ad

valorem customs duties and a specific customs duty in respect of

certain products, the rates of reduction shown in column (a) and in

column (c), as referred to in paragraph 3, shall apply only to the

ad valorem customs duty.

3. The customs duties shall be eliminated in respect of certain

products within the limits of the tariff quotas shown against them

in column (b).

The Common Customs Tariff duties in respect of the quantities

imported in excess of the quotas shall be reduced by the percentage

indicated in column (c).

4. The reference quantities fixed in respect of certain other

products exempt from customs duties are shown in column (d).

Where imports of a product exceed the reference quantities, the

Community may, having regard to an annual review of trade flows

which it shall carry out, make the product concerned subject to a

Community tariff quota the volume of which shall be equal to the

reference quantity. In such a case, for quantities imported in

excess of the quota, the Common Customs Tariff duty shall, according

to the product concerned, be applied in full or reduced, as

indicated in column (c).

5. For some of the products referred to in paragraphs 3 and 4 and

indicated in column (e), the quotas or reference quantities shall be

increased from 1 January 1997 to 1 January 2000 on the basis of four

equal instalments each corresponding to 3 % of these amounts.

6. For some of the products other than those referred to in

paragraphs 3 and 4 and indicated in column (e), the Community may

fix a reference quantity as provided for in paragraph 4 if, in the

light of the annual review of trade which it shall carry out, it

establishes that the volume of imports may cause difficulties on the

Community market. If, subsequently, the product is subject to a

tariff quota under the conditions set out in paragraph 4, the Common

Customs Tariff duty shall be applied in full or reduced, depending

on the product concerned, by the percentage shown in column (c) in

respect of the quantities imported in excess of the quota.

 

Article 2

1. In the case of the products originating in Morocco which are

referred to in Articles 3 and 4, the entry price levels from which

specific duties will be reduced to zero shall be the prices

hereinafter referred to as "agreed entry prices", within the limits

of the maximum quantities, periods and conditions stipulated in

those Articles.

2. These agreed entry prices shall be reduced in the same

proportions and at the same pace as the entry prices bound with the

WTO.

3. (a) If the entry price of a particular lot is 2 %, 4 %, 6 % or 8

% below the agreed entry price, the specific customs duty shall be 2

%, 4 %, 6 % or 8 % of the agreed entry price, as appropriate.

(b) If the entry price of a particular lot is below 92 % of the

agreed entry price, the specific customs duty bound with the WTO

shall apply.

4. Morocco hereby undertakes to ensure that total exports to the

Community during the periods and under the conditions specified in

this Protocol do not exceed the quantities agreed upon in Articles 3

and 4.

5. The aim of the specific arrangements established by this Article

shall be to preserve the level of Morocco's traditional exports to

the Community and to avoid disturbing Community markets.

6. The two Parties shall consult each other during the second half

of every year in order to examine trade for the previous year. Such

consultations may also take place at any time if one of the Parties

so requests, within three working days of that request. The Parties

shall take whatever steps are appropriate to ensure that the

objective described in Article 2(5), Article 3 and Article 4 of this

Protocol is fully achieved.

 

Article 3

1. For fresh tomatoes falling with CN code 0702 00:

(a)

>TABLE POSITION>

(b) From 1 November to 31 March:

(i) if, in any given month, the quantity specified in subparagraph

(a) has not been used up, the balance of that quantity, up to 20 %,

may be carried over to the next month;

(ii) the quantity specified may be exceeded by up to 20 % in any

given month, provided that the overall limit of 145676 tonnes is not

exceeded.

(c) Morocco shall notify the Commission of weekly exports to the

Community within a space of time which allows precise and accurate

reporting. That space of time must not exceed 15 days.

2. For fresh courgettes falling within CN code 070990:

(a) from 1 October to 20 April and for a maximum quantity of 5000

tonnes, the entry price level from which specific duties will be

reduced to zero shall be ECU 451 per tonne.

(b) Morocco shall notify the Commission monthly of the quantities

exported during the previous month.

 

Article 4

>TABLE POSITION>

 

 

 

 

ANNEX

 

 

>TABLE POSITION>

 

 

PROTOCOL 2

on the arrangements applying to imports into the Community of

fishery products originating in Morocco

 

Article 1

The products listed below, originating in Morocco, shall be imported

into the Community free of customs duties.

>TABLE POSITION>

 

Article 2

Imports into the Community of prepared or preserved sardines of CN

codes 16041311, 1604 13 19 and ex 1604 20 50 originating in Morocco

shall be covered by the arrangements established by Article 1,

subject to the following provisions:

From 1 January to 31 December 1996:

- tariff exemption up to a Community tariff quota of 19500 tonnes;

- for imports beyond the level of the quota, 6 % customs duty.

From 1 January to 31 December 1997:

- tariff exemption up to a Community tariff quota of 21000 tonnes;

- for imports beyond the level of the quota, 5 % customs duty.

From 1 January to 31 December 1998:

- tariff exemption up to a Community tariff quota of 22500 tonnes;

- for imports beyond the level of the quota, 4 % customs duty.

 

 

 

 

PROTOCOL 3

on the arrangements applying to imports into Morocco of agricultural

products originating in the Community

 

Sole Article

The customs duties on import into Morocco of the products

originating in the Community listed in the Annex shall not be higher

than those shown in column (a) within the limits of the tariff

quotas shown in column (b).

 

 

 

 

ANNEX

 

 

>TABLE POSITION>

 

 

PROTOCOL 4

concerning the definition of originating products and methods of

administrative cooperation

 

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 Agreement on implementation of Article VII of the General

Agreement on Tariffs and Trade of 1994 (WTO Agreement on customs

valuation);

(f) "ex-works price" means the price paid for the product ex-works

to the manufacturer in whose undertaking the last working or

processing is carried out, including the value of all the materials

used, minus all 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 territories concerned;

(h) "value of originating materials" means the customs value of such

materials as defined in point (g) applied mutatis mutandis;

(i) "chapters" and "headings" means 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 Harmonized System" or "HS";

(j) "classified" refers to the classification of a product or

material under a particular heading;

(k) "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.

 

TITLE II

DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"

Article 2

Origin criteria

For the purpose of implementing this Agreement and without prejudice

to the provisions of Articles 3, 4 and 5 of this Protocol, the

following products shall be considered as:

(1) products originating in the Community:

(a) products wholly obtained in the Community, within the meaning of

Article 6 of this Protocol;

(b) products obtained in the Community which contain materials not

wholly obtained there, provided that the said materials have

undergone sufficient working and processing in the Community within

the meaning of Article 7 of this Protocol;

(2) products originating in Morocco:

(a) products wholly obtained in Morocco within the meaning of

Article 6 of this Protocol;

(b) products obtained in Morocco which contain materials not wholly

obtained there, provided that the said materials have undergone

sufficient working or processing in Morocco within the meaning of

Article 7 of this Protocol.

 

Article 3

Bilateral cumulation

1. Notwithstanding Article 2(1)(b), materials originating in Morocco

within the meaning of this Protocol shall be considered as materials

originating in the Community and it shall not be necessary that such

materials have undergone sufficient working or processing there,

provided however that they have undergone working or processing

going beyond that referred to in Article 8 of this Protocol.

2. Notwithstanding Article 2(2)(b), materials originating in the

Community within the meaning of this Protocol shall be considered as

materials originating in Morocco and it shall not be necessary that

such materials have undergone working or processing there, provided

however that they have undergone working or processing going beyond

that referred to in Article 8 of this Protocol.

 

Article 4

Cumulation with materials originating in Algeria and Tunisia

1. Notwithstanding Article 2(1)(b) and subject to the provisions of

paragraphs 3 and 4, materials originating in Algeria or Tunisia

within the meaning of Protocol 2 annexed to the Agreements between

the Community and these countries shall be considered as originating

in the Community and it shall not be necessary that such materials

have undergone sufficient working or processing, on condition

however that they have undergone working or processing beyond that

referred to in Article 8 of this Protocol.

2. Notwithstanding Article 2(2)(b) and subject to the provisions of

paragraphs 3 and 4, materials originating in Algeria or Tunisia

within the meaning of Protocol 2 annexed to the Agreements between

the Community and these countries shall be considered as originating

in Morocco and it shall not be necessary that such materials have

undergone sufficient working or processing, on condition however

that they have undergone working or processing beyond that referred

to in Article 8 of this Protocol.

3. The provisions set out in paragraphs 1 and 2 concerning materials

originating in Algeria are only applicable to the extent that trade

between the Community and Algeria, and between Morocco and Algeria,

is governed by identical rules of origin.

4. The provisions set out in paragraphs 1 and 2 concerning materials

originating in Tunisia are only applicable to the extent that trade

between the Community and Tunisia and between Morocco and Tunisia,

is governed by identical rules of origin.

 

Article 5

Cumulation of working or processing

1. For the purpose of implementing Article 2(1)(b), working or

processing carried out in Morocco, or, when the conditions required

by Article 4(3) and (4) are fulfilled, in Algeria or in Tunisia

shall be considered as having been carried out in the Community when

the products obtained undergo subsequent working or processing in

the Community.

2. For the purpose of implementing Article 2(2)(b), working or

processing carried out in the Community or, when the conditions

required by Article 4(3) and (4) are fulfilled, in Algeria or in

Tunisia shall be considered as having been carried out in Morocco

when the products obtained undergo subsequent working or processing

in Morocco.

3. Where pursuant to the provisions of paragraph 1 or 2 the

originating products are obtained in two or more of the States

referred to in those provisions or in the Community, they shall be

considered as originating products of the State or the Community

according to where the last working or processing took place,

provided that that working or processing went beyond that referred

to in Article 8.

 

Article 6

Wholly obtained products

1. Within the meaning of Article 2(1)(a) and (2)(a), the following

shall be considered as "wholly obtained" either in the Community or

in Morocco:

(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 there;

(f) products of sea fishing and other products taken from the sea 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 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 exclusively from 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:

- which are registered or recorded in a Member State or in Morocco,

- which sail under the flag of a Member State or of Morocco,

- which are owned to the extent of at least 50 % by nationals of

Member States or of Morocco, or by a company with its head office in

a Member State or in Morocco, of which the manager or managers,

chairman of the board of directors or the supervisory board and the

majority of the members of such boards are nationals of Member

States or of Morocco and of which, in addition, in the case of

partnerships or limited companies, at least half the capital belongs

to Member States or Morocco, to public bodies or to nationals of the

Member States or Morocco,

- of which the master and officers are nationals of Member States or

of Morocco,

- of which at least 75 % of the crew are nationals of Member States

or of Morocco.

3. In so far as trade between Morocco or the Community and Algeria

or Tunisia are covered by identical rules of origin, the terms

"their vessels" and "their factory ships" in paragraph 1(f) and (g)

shall also apply to Algerian or Tunisian vessels or factory ships

within the meaning of paragraph 2.

4. The terms "Morocco" and the "Community" shall also cover the

territorial waters which surround Morocco and the Member States of

the Community.

Vessels operating on the high seas, including factory ships on which

the fish caught is worked or processed, shall be considered as part

of the territory of the Community or of Morocco provided that they

satisfy the conditions set out in paragraph 2.

 

Article 7

Sufficiently worked or processed products

1. For the purposes of Article 2, non-originating materials are

considered to be sufficiently worked or processed when the product

obtained is classified in a heading which is different from that in

which all the non-originating materials used in its manufacture are

classified, subject to paragraph 2 and Article 8.

2. For a product mentioned in Columns 1 and 2 of the list in Annex

2, the conditions set out in Column 3 for the product concerned must

be fulfilled instead of the rule set out in paragraph 1.

For the products falling under Chapters 84 to 91, as an alternative

to satisfying the conditions set out in Column 3, the exporter may

opt to apply the conditions set out in Column 4 instead.

Where in the list in Annex 2 a percentage rule is applied in

determining the originating status of a product obtained in the

Community or in Morocco the value added by the working or processing

shall correspond to the ex-works price of the product obtained, less

the value of third-country materials imported into the Community or

Morocco.

3. These conditions indicate, for all products covered by the

Agreement, the working or processing which must be carried out on

the non-originating materials used in the manufacture of these

products, 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 for that product,

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.

 

Article 8

Insufficient working or processing operations

For the purpose of implementing Article 7 the following shall be

considered as insufficient working or processing to confer the

status of originating products, whether or not there is a change of

heading:

(a) operations to ensure the preservation of products in good

condition during transport and storage (ventilation, spreading-out,

drying, chilling, placing in brine, sulphur dioxide or other aqueous

solutions, removal of damaged parts, and like operations);

(b) simple operations consisting of removal of dust, sifting or

screening, sorting, classifying, matching (including the making-up

of sets of articles), washing, painting, cutting-up;

(c) (i) changes of packaging and division and assembly of packages;

(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing

on cards or boards, etc., and all other simple packaging operations;

 

(d) affixing marks, labels and other like distinguishing signs on

products or their packaging;

(e) simple mixing of products, whether or not of different kinds,

where one or more components of the mixture do not meet the

conditions laid down in this Protocol to enable them to be

considered as originating in the Community or in Morocco;

(f) simple assembly of parts to constitute a complete product;

(g) a combination of two or more operations specified in

subparagraphs (a) to (f);

(h) slaughter of animals.

 

Article 9

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 under 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 considered to form a whole with the product for the purposes of

determining origin.

 

Article 10

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 forming a whole with the

piece of equipment, machine, apparatus or vehicle in question.

 

Article 11

Sets

Sets, as defined in General Rule 3 of the Harmonised System, shall

be regarded as originating when all component products are

originating. Nevertheless, when a set is composed of originating and

non-originating products, the set as a whole shall be regarded as

originating, provided that the value of the non-originating products

does not exceed 15 % of the ex-works price of the set.

 

Article 12

Neutral elements

In order to determine whether a product originates in the Community

or in Morocco it shall not be necessary to establish whether the

electrical energy, fuel, plant and equipment as well as machines and

tools used to obtain such product, or whether any goods, used in the

course of production which do not enter and which were not intended

to enter into the final composition of the product, are originating

or not.

 

TITLE III

TERRITORIAL REQUIREMENTS

Article 13

Principle of territoriality

The conditions set out in Title II relative to the acquisition of

originating status must be fulfilled without interruption in the

Community or in Morocco without prejudice to the provisions of

Articles 4 and 5.

 

Article 14

Reimportation of goods

If originating products exported from the Community or Morocco to

another country are returned, except in so far as provided for in

Article 4 or 5 they must be considered as non-originating, unless it

can be demonstrated to the satisfaction of the customs authorities

that:

(a) the goods returned are the same goods as those 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 15

Direct transport

1. The preferential treatment provided for under the Agreement

applies only to products or materials which are transported between

the territories of the Community and Morocco or, when the provisions

of Articles 4 and 5 are applied, of Algeria or Tunisia without

entering any other territory. However, goods originating in Morocco

or in the Community and constituting one single consignment which is

not split up may be transported through territory other than that of

the Community or Morocco or, when the provisions of Article 3 apply,

of Algeria or Tunisia temporary warehousing in such territory,

provided that the goods have remained under the surveillance of the

customs authorities in the country of transit or of warehousing and

that they have not undergone operations other than unloading,

reloading or any operation designed to preserve them in good

condition.

Products originating in Morocco or in the Community may be

transported by pipeline across territory other than that of the

Community or that of Morocco.

2. Evidence that the conditions set out in paragraph 1 have been

fulfilled may be supplied to the customs authorities of the

importing country by the production of:

(a) a through bill of lading issued in the exporting country

covering the passage 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 used; and

(iii) certifying the conditions under which the products remained in

the transit country; or

(c) failing these, any substantiating documents.

 

Article 16

Exhibitions

1. Products sent from one of the Contracting Parties for exhibition

in a third country and sold after the exhibition for importation in

another Contracting Party shall benefit on importation from the

provisions of the Agreement on condition that the products meet the

requirements of this Protocol entitling them to be recognised as

originating in the Community or in Morocco and provided that it is

shown to the satisfaction of the customs authorities that:

(a) an exporter has consigned these products from one of the

Contracting Parties 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 another Contracting Party;

(c) the products have been consigned during the exhibition or

immediately thereafter to the latter Contracting Party 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 IV 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 nature of the products and

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

PROOF OF ORIGIN

Article 17

EUR.1 movement certificate

Evidence of originating status of products, within the meaning of

this Protocol, shall be given by an EUR.1 movement certificate, a

specimen of which appears in Annex 3 to this Protocol.

 

Article 18

Normal procedure for the issue of an EUR.1 movement certificate

1. An EUR.1 movement certificate 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 EUR.1 movement certificate and the

application form, specimens of which appear in Annex 3.

These forms shall be completed in one of the languages in which the

Agreement is drawn up, in accordance with the provisions of the

domestic law of the exporting country. If they are handwritten, they

shall be completed in ink in printed characters. The description of

the products must be given in the box reserved for this purpose

without leaving any blank lines. Where the box is not completely

filled a horizontal line must be drawn below the last line of the

description, the empty space being crossed through.

3. The exporter applying for the issue of an EUR.1 movement

certificate shall be prepared to submit at any time, at the request

of the customs authorities of the exporting country where the EUR.1

movement certificate 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. The EUR.1 movement certificate shall be issued by the customs

authorities of a Member State of the European Community if the goods

to be exported can be considered as products originating in the

Community within the meaning of Article 2(1) of this Protocol. The

EUR.1 movement certificate shall be issued by the customs

authorities of Morocco; if the goods to be exported can be

considered as products originating in Morocco within the meaning of

Article 2(2) of this Protocol.

5. Where the cumulation provisions of Articles 2 to 5 are applied,

the customs authorities of the Member States of the Community or of

Morocco may issue EUR.1 movement certificates under the conditions

laid down in this Protocol if the goods to be exported can be

considered as products originating in the Community or in Morocco

within the meaning of this Protocol and provided that the goods

covered by the EUR.1 movement certificates are in the Community or

in Morocco.

In these cases EUR.1 movement certificates shall be issued subject

to the presentation of the proof of origin previously issued or made

out. This proof of origin must be kept for at least three years by

the customs authorities of the exporting State.

6. 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 which they

consider 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.

7. The date of issue of the EUR.1 movement certificate shall be

indicated in the part of the certificate reserved for the customs

authorities.

8. An EUR.1 movement certificate shall be issued by the customs

authorities of the exporting country when the products to which it

relates are exported. It shall be made available to the exporter as

soon as actual exportation has been effected or ensured.

 

Article 19

EUR.1 movement certificates issued retrospectively

1. Notwithstanding Article 18(8), an EUR.1 movement certificate 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 an EUR.1 movement certificate was issued but was

not accepted at importation for technical reasons.

2. For the implementation of paragraph 1, the exporter must indicate

in this application the place and date of exportation of the

products to which the EUR.1 movement certificate relates, and state

the reasons for his request.

3. The customs authorities may issue an EUR.1 movement certificate

retrospectively only after verifying that the information supplied

in the exporter's application agrees with that in the corresponding

file.

4. EUR.1 movement certificates issued retrospectively must be

endorsed with one of the following phrases:

"NACHTRÄGLICH AUSGESTELLT", "DÉLIVRÉ A POSTERIORI", "RILASCIATO A

POSTERIORI", "AFGEGEVEN A POSTERIORI", "ISSUED RETROSPECTIVELY",

"UDSTEDT EFTERFŲLGENDE", ">ISO_7>ÅŹÄĻČÅĶ ÅŹ ŌŁĶ ÕÓŌÅŃŁĶ",

">ISO_1>EXPEDIDO A POSTERIORI", "EMITIDO A POSTERIORI", "ANNETTU

JÄLKIKÄTEEN", "UTFÄRDAT I EFTERHAND",

">PIC FILE= "L_2000070EN.008801.TIF">".

5. The endorsement referred to in paragraph 4 shall be inserted in

the "Remarks" box of the EUR.1 movement certificate.

 

Article 20

Issue of a duplicate EUR.1 movement certificate

1. In the event of theft, loss or destruction of an EUR.1 movement

certificate, 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>ĮĶŌÉĆŃĮÖĻ", ">ISO_1>DUPLICADO", "SEGUNDA VIA",

"KAKSOISKAPPALE",

">PIC FILE= "L_2000070EN.008802.TIF">".

3. The endorsement referred to in paragraph 2, the date of issue and

the serial number of the original certificate shall be inserted in

the "Remarks" box of the duplicate EUR.1 movement certificate.

4. The duplicate, which must bear the date of issue of the original

EUR.1 movement certificate, shall take effect as from that date.

 

Article 21

Replacement of certificates

1. It shall at any time be possible to replace one or more EUR.1

movement certificates by one or more other certificates provided

that this is done by the customs office responsible for controlling

the goods.

2. The replacement certificate shall be regarded as a definite EUR.1

movement certificate for the purpose of the application of this

Protocol, including the provisions of this Article.

3. The replacement certificate shall be issued on the basis of a

written request from the re-exporter, after the authorities

concerned have verified the information supplied in the applicant's

request. The date and serial number of the original EUR.1 movement

certificate shall be given in box 7.

 

Article 22

Simplified procedure for the issue of certificates

1. By way of derogation from Articles 18, 19 and 20 of this

Protocol, a simplified procedure for the issue of EUR.1 movement

certificates can be used in accordance with the following

provisions.

2. The customs authorities in the exporting State may authorise any

exporter, hereinafter referred to as "approved exporter", making

frequent shipments for which EUR.1 movement certificates may be

issued and who offers, to the satisfaction of the competent

authorities, all guarantees necessary to verify the originating

status of the products, not to submit at the time of export to the

customs office of the exporting State or territory either the goods

or the application for an EUR.1 certificate relating to those goods,

for the purpose of obtaining an EUR.1 certificate under the

conditions laid down in Article 18 of this Protocol.

3. The authorisation referred to in paragraph 2 shall stipulate, at

the choice of the competent authorities, that box 11 "Customs

endorsement" of the EUR.1 movement certificate must:

(a) either be endorsed beforehand with the stamp of the competent

customs office of the exporting State and the signature, which may

be a facsimile, of an official of that office; or

(b) be endorsed by the approved exporter with a special stamp which

has been approved by the customs authorities of the exporting State

and corresponds to the specimen given in Annex 5 of this Protocol.

Such stamp may be pre-printed on the forms.

4. In the cases referred to in paragraph 3(a), one of the following

phrases shall be entered in box 7 "Remarks" of the EUR.1 movement

certificate:

"PROCEDIMIENTO SIMPLIFICADO", "FORENKLET PROCEDURE", "VEREINFACHTES

VERFAHREN", ">ISO_7>ĮŠĖĻÕÓŌÅÕĢÅĶĒ ÄÉĮÄÉŹĮÓÉĮ", ">ISO_1>SIMPLIFIED

PROCEDURE", "PROCÉDURE SIMPLIFIÉE", "PROCEDURA SEMPLIFICATA",

"VEREENVOUDIGDE PROCEDURE", "PROCEDIMENTO SIMPLIFICADO",

"YKSINKERTAISTETTU MENETTELY", "FÖRENKLAD PROCEDUR",

">PIC FILE= "L_2000070EN.008901.TIF">".

5. Box 11 "Customs endorsement" of the EUR.1 certificate shall be

completed if necessary by the approved exporter.

6. The approved exporter shall, if necessary, indicate in box 13

"Request for verification" of the EUR.1 certificate the name and

address of the authority competent to verify such a certificate.

7. Where the simplified procedure is applied, the customs

authorities of the exporting State may prescribe the use of EUR.1

certificates bearing a distinctive sign by which they may be

identified.

8. In the authorisation referred to in paragraph 2 the competent

authorities shall specify in particular:

(a) the conditions under which the applications for EUR.1

certificates are to be made;

(b) the conditions under which these applications are to be kept for

at least three years;

(c) in the cases referred to in paragraph 3(b) the authority

competent to carry out the subsequent verification referred to in

Article 33 of this Protocol.

9. The customs authorities of the exporting State may declare

certain categories of goods ineligible for the special treatment

provided for in paragraph 2.

10. The customs authorities shall refuse the authorisation referred

to in paragraph 2 to exporters who do not offer all the guarantees

which they consider necessary. The competent authorities may

withdraw the authorisation at any time. They must do so where the

approved exporter no longer satisfies the conditions or no longer

offers these guarantees.

11. The approved exporter may be required to inform the competent

authorities, in accordance with the rules which they lay down, of

the goods to be dispatched by him, so that such authorities may make

any verification they think necessary before the departure of the

goods.

12. The customs authorities of the exporting State may carry out any

check on approved exporters which they consider necessary. Such

exporters must allow this to be done.

13. The provisions of this Article shall be without prejudice to the

application of the rules of the Community, the Member States and

Morocco concerning customs formalities and the use of customs

documents.

 

Article 23

Information certificate and declaration

1. When Articles 3, 4 and 5 are applied for the issue of an EUR.1

movement certificate the competent customs office in the State

requested to issue the certificate for products in the manufacture

of which products coming from Algeria, Tunisia or the Community are

used, shall take into consideration the declaration, of which a

specimen is given in Annex 6, given by the exporter in the State

from which it came, either on the commercial invoice applicable to

these products, or on a supporting document to that invoice.

2. The submission of the information certificate, issued under the

conditions set out in paragraph 3 and of which a specimen is given

in Annex 7, may however be requested of the exporter by the customs

office concerned, either for checking the authenticity and accuracy

of information given on the declaration provided for in paragraph 1,

or for obtaining additional information.

3. The information certificate concerning the products taken into

use shall be issued at the request of the exporter of these

products, either in the circumstances envisaged in paragraph 2, or

at the initiative of this exporter, by the competent customs office

in the State from which these goods were exported. It shall be made

out in duplicate. One copy shall be given to the exporter who has

requested it, who shall send it either to the exporter of the final

products or to the customs office where the issue of the EUR.1

movement certificate for these products has been requested. The

second copy shall be preserved by the office which has issued it for

at least three years.

 

Article 24

Validity of proof of origin

1. An EUR.1 movement certificate 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. EUR.1 movement certificates 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 reasons of

force majeure or exceptional circumstances.

3. In other cases of belated presentation, the customs authorities

of the importing country may accept the EUR.1 movement certificates

where the products have been submitted to them before the said final

date.

 

Article 25

Submission of proof of origin

EUR.1 movement certificates 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 an EUR.1 movement certificate or an invoice

declaration. They may also require the import declaration to be

accompanied by a statement from the importer to the effect that the

goods meet the conditions required for the implementation of the

Agreement.

 

Article 26

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 Chapters 84 and 85 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 27

Invoice declaration

1. Notwithstanding Article 17, the evidence of originating status,

within the meaning of this Protocol, may be given by an invoice

declaration, the text of which appears in Annex 4 to this Protocol,

made by the exporter on an invoice, a delivery note or other

commercial document (hereafter referred to as "invoice declaration")

describing the products concerned in sufficient detail as to permit

the identification of consignments containing only originating

products and whose value does not exceed ECU 5110 per consignment.

2. The invoice declaration shall be completed and signed by the

exporter or, under the exporters responsibility, by his authorised

representative in accordance with this Protocol.

3. An invoice declaration shall be completed for each consignment.

4. The exporter who applied for the invoice declaration shall submit

at the request of the customs authorities of the exporting State all

supporting documents concerning the use of this form.

5. Articles 24 and 25 shall apply mutatis mutandis to the invoice

declaration.

 

Article 28

Exemptions from formal 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 formal 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 C2/CP3

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 must not exceed

ECU 500 in the case of small packages or ECU 1200 in the case of

products forming part of travellers' personal luggage.

 

Article 29

Preservation of proof of origin and supporting documents

1. The exporter applying for the issue of an EUR.1 movement

certificate shall keep for at least three years the documents

referred to in Article 18(1) and (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 27(1).

3. The customs authorities of the exporting country issuing an EUR.1

movement certificate shall keep for at least three years the

application form referred to in Article 18(2).

4. The customs authorities of the importing country shall keep for

at least three years the EUR.1 movement certificates submitted to

them.

 

Article 30

Discrepancies and formal errors

1. The discovery of slight discrepancies between the statements made

in an EUR.1 movement certificate, or in an invoice declaration 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 EUR.1 movement certificate, or the

invoice declaration 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 an EUR.1 movement

certificate, or an invoice declaration 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 31

Amounts expressed in ecu

1. Amounts in the national currency of the exporting country

equivalent to the amounts expressed in ecu shall be fixed by the

exporting country and communicated to the other Contracting Parties.

When the amounts exceed the corresponding amounts fixed by the

importing country, the latter shall accept them if the products are

invoiced in the currency of the exporting country or in the currency

of one of the other countries referred to in Article 4 of this

Protocol.

If the goods are invoiced in the currency of another Member State of

the Community the importing State shall recognise the amount

notified by the country concerned.

2. Up to and including 30 April 2000, the amounts to be used in any

given national currency shall be the equivalent in that national

currency of the amounts expressed in ecu as at 1 October 1994.

For each successive period of five years, the amounts expressed in

ecu and their equivalents in the national currencies of the States

shall be reviewed by the Association Council on the basis of the

exchange rates of the ecu on the first working day of October in the

year immediately preceding that five-year period.

When carrying out this review, the Association Council shall ensure

that there will be no decrease in the amounts to be used in any

national currency and shall furthermore 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 ecu.

 

TITLE V

ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 32

Communication of stamps and addresses

The customs authorities of the Member States and of Morocco shall

provide each other, through the Commission of the European

Communities, with specimen impressions of stamps used in their

customs offices for the issue of EUR.1 certificates and with the

addresses of the customs authorities responsible for issuing EUR.1

movement certificates and for verifying those certificates and

invoice declarations.

 

Article 33

Verification of EUR.1 movement certificates, invoice declarations

and information certificates

1. Subsequent verification of EUR.1 movement certificates and

invoice declarations shall be carried out randomly or whenever the

customs authorities of the importing State have reason to doubt 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

EUR.1 movement certificate, the invoice declaration, or a copy of

these documents, to the customs authorities of the exporting country

giving, where appropriate, the reasons of substance or form for an

inquiry.

In order to assist the verification, the customs authorities shall

provide all the necessary documents and any information collected

which indicate that the information on the EUR.1 certificate or the

invoice declaration is incorrect.

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 which they consider

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, they shall

offer to release the products 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 within a maximum of 10

months. These results must indicate clearly whether the documents

are authentic and whether the products concerned can be considered

as originating products and fulfil the other requirements of this

Protocol.

6. If in cases of reasonable doubt there is no reply within 10

months 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.

7. The subsequent verification of information certificates provided

for by Article 23 shall be carried out in the cases mentioned in

paragraph 1 and in accordance with the procedures laid down in

paragraphs 2 to 6.

 

Article 34

Dispute settlement

Where disputes arise in relation to the verification procedures of

Article 33 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 Customs Cooperation Committee.

In all cases the settlement of disputes between the importer and the

customs authorities of the importing State shall be under the

legislation of the said State.

 

Article 35

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 36

Free zones

1. The Member States and Morocco shall take all necessary steps to

ensure that products traded under cover of an EUR.1 movement

certificate, which in the course of transport use a free zone

situated in their territory, are not substituted by other goods and

that they do not undergo handling other than normal operations

designed to prevent their deterioration.

2. By means of an exemption to the provisions contained in paragraph

1, when products originating in the Community or in Morocco and

imported into a free zone under cover of an EUR.1 certificate

undergo treatment or processing, the authorities concerned must

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 VI

CEUTA AND MELILLA

Article 37

Application of the Protocol

1. The term "Community" used in this Protocol does not cover Ceuta

or Melilla. The term "products originating in the Community" does

not cover products originating in these zones.

2. This Protocol shall apply mutatis mutandis to products

originating in Ceuta and Melilla, subject to particular conditions

set out in Article 38.

 

Article 38

Special conditions

1. The following provisions shall apply instead of Articles 2 to

4(1) and (2) and references to these Articles shall apply mutatis

mutandis to this Article.

2. Providing they have been transported directly in accordance with

the provisions of Article 15, 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 7 of this Protocol;

or that

(ii) those products originate in Morocco or the Community within the

meaning of this Protocol, or, when the conditions required in

Article 4(3) and (4) are fulfilled, from Algeria or from Tunisia,

provided that they have been submitted to working or processing

which goes beyond the insufficient working or processing referred to

in Article 8;

(2) products originating in Morocco:

(a) products wholly obtained in Morocco;

(b) products obtained in Morocco, 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 7 of this Protocol;

or that

(ii) those products are originating in Ceuta and Melilla or the

Community within the meaning of this Protocol, or when the

conditions required in Article 4(3) and (4) are fulfilled from

Algeria or from Tunisia provided that they have been submitted to

working or processing which goes beyond the insufficient working or

processing referred to in Article 8.

3. Ceuta and Melilla shall be considered as a single territory.

4. The exporter or his authorised representative shall enter

"Morocco" and "Ceuta and Melilla" in box 2 of EUR.1 movement

certificates. In addition, in the case of products originating in

Ceuta and Melilla, this shall be indicated in box 4 of EUR.1

movement certificates.

5. The Spanish customs authorities shall be responsible for the

application of this Protocol in Ceuta and Melilla.

 

TITLE VII

FINAL PROVISIONS

Article 39

Amendments to the Protocol

The Association Council may decide to amend the provisions of this

Protocol at the request of one of the Contracting Parties or of the

Customs Cooperation Committee.

 

Article 40

Customs Cooperation Committee

1. A Customs Cooperation Committee shall be set up, charged with

carrying out administrative cooperation with a view to the correct

and uniform application of this Protocol and with carrying out any

other tasks in the customs field which may be entrusted to it.

2. The Committee shall be composed, on the one hand, of experts of

the Member States and of officials of the Commission of the European

Communities who are responsible for customs questions and, on the

other hand, of experts nominated by Morocco.

 

Article 41

Annexes

The Annexes to this Protocol shall form an integral part thereof.

 

Article 42

Implementation of the Protocol

The Community and Morocco shall each take the steps necessary to

implement this Protocol.

 

Article 43

Arrangements with Algeria and Tunisia

The Contracting Parties shall take any measures necessary for the

conclusion of arrangements with Algeria and Tunisia enabling this

Protocol to be applied. The Contracting Parties shall notify each

other of measures taken to this effect.

 

Article 44

Goods in transit or storage

The provisions of the Agreement may be applied to goods which comply

with the provisions of this Protocol and which on the date of entry

into force of the Agreement are either in transit or are in the

Community or in Morocco or, in so far as the provisions of Articles

3, 4 and 5 are applicable, in Algeria or Tunisia in temporary

storage in bonded warehouses or in free zones, subject to the

submission to the customs authorities of the importing State, within

four months of that date, of an EUR.1 certificate endorsed

retrospectively by the competent authorities of the exporting State

together with the documents showing that the goods have been

transported directly.

 

 

 

 

ANNEX I

 

INTRODUCTORY NOTES

FOREWORD

These notes shall apply, where appropriate, to all manufactured

products using non-originating materials, even if they are not

subject to specific conditions contained in the list in Annex II but

are subject instead to the change of heading rule set out in Article

7(1).

Note 1

1.1. The first two columns in the list describe the product

obtained. The first column gives the heading number, or the 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 Columns 3 or 4. Where, in some cases, the entry in the first

column is preceded by an "ex", this signifies that the rule in

Columns 3 or 4 only applies to the part of that heading or chapter

as described in Column 2.

1.2. Where several heading numbers are grouped together in Column 1

or a chapter number is given and the description of product in

Column 2 is therefore given in general terms, the adjacent rule in

Columns 3 or 4 applies to all products which, under the Harmonised

System, are calssified within headings of the chapter or within any

of the headings grouped together in Column 1.

Note 2

2.1. In the case of any heading not in the list or any part of a

heading that is not in the list, the "change of heading" rule set

out in Article 7(1) applies. If a "change of heading" condition

applies to any entry in the list, then it is contained in the rule

in Column 3.

2.2. The working or processing required by a rule in Column 3 has to

be carried out only in relation to the non-originating materials

used. The restrictions contained in a rule in Column 3 likewise

apply only to the non-originating materials used.

2.3. 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 of a different description than that of the product as given

in Column 2 of the list may be used.

2.4. If a product made from non-originating materials which has

acquired originating status during manufacture by virtue of the

change of heading rule or its own list rule is used as a material in

the process of manufacture of another product, then the rule

applicable to the product in which it is incorporated does not apply

to it.

For 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 7224.

If this forging has been forged in the country concerned from a

non-originating ingot then the forging has already acquired origin

by virtue of the rule for heading No ex 7224 in the list. It can

then count as originating in the value calculation for the engine

regardless of whether it was produced in the same factory or

another. The value of the non-originating ingot is thus not taken

into account when adding up the value of the non-originating

materials used.

2.5. Even if the change of heading rule or the other rules contained

in the list are satisfied, a product shall not acquire originating

status if the processing carried out, taken as a whole, is

insufficient within the meaning of Article 6.

Note 3

3.1. 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 origin.

Thus if a rule says 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.

3.2. When a rule in the list specifies that a product may be

manufactured from more than one material, this means that any one or

more materials may be used. It does not require that all be used.

For example:

The rule for fabrics say 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; one can use one or the

other or both.

If, however, a restriction applies to one material and other

restrictions apply to other materials in the same rule, then the

restrictions only apply to the materials actually used.

For example:

The rule for sewing machines specifies that both the thread tension

mechanism used and the zigzag mechanism used must originate; these

two restrictions only apply if the mechanisms concerned are actually

incorporated into the sewing machine.

3.3. When 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.

For example:

The rule for heading No 1904 which specifically excludes the use of

cereals or their derivatives does not prevent the use of mineral

salts, chemicals and other additives which are not produced from

cereals.

For example:

In the case of an article 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.

See also Note 6.3 in relation to textiles.

3.4. If in a rule in the list two or more percentages are given for

the maximum value of non-originating materials that can be used,

then these percentages may not be added together. The maximum value

of all the non-originating materials used may never exceed the

highest of the percentages given. Furthermore, the individual

percentages must not be exceeded in relation to the particular

materials they apply to.

Note 4

4.1. The term "natural fibres" is used in the list to refer to

fibres other than artificial or synthetic fibres and is restricted

to the stages before spinning takes place, including waste, and,

unless otherwise specified, the term "natural fibres" includes

fibres that have been carded, combed or otherwise processed but not

spun.

4.2. The term "natural fibres" includes horsehair of heading No

0503, silk of heading Nos 5002 and 5003 as well as the wool fibres,

fine or coarse animal hair of heading Nos 5101 to 5105, the cotton

fibres of heading Nos 5201 to 5203 and the other vegetable fibres of

heading 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. In the case of the products classified within those headings in

the list to which a reference is made to this note, the conditions

set out in Column 3 of the list shall not be applied to any basic

textile materials used in their manufacture which, taken together,

represent 10 % or less of the total weight of all the basic textile

materials used (but see also Notes 5.3 and 5.4 below).

5.2. However, this tolerance may only be applied 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,

- synthetic man-made staple fibres,

- artificial man-made staple fibres.

For 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 that 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.

For 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 that 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 up to a weight of 10 % of the

fabric.

For example:

Tufted textile fabric of heading No 5802 made from cotton yarn of

heading No 5205 and cotton fabric of heading No 5210 is only a mixed

product if the cotton fabric is itself a mixed fabric being made

from yarns classified in two separate headings or if the cotton

yarns used are themselves mixtures.

For 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.

For example:

A carpet with tufts made from both artificial yarns and cotton yarns

and with a jute backing is a mixed product because three basic

textile materials are used. Thus, any non-originating materials that

are at a later stage of manufacture than the rule allows may be

used, provided their total weight taken together does not exceed 10

% of the weight of the textile materials in the carpet. Thus, both

the jute backing and/or the artificial yarns could be imported at

that stage of manufacture, provided the weight conditions are met.

5.3. In the case of fabrics 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 fabrics 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 films of plastic film, this

tolerance is 30 % in respect of this strip.

Note 6

6.1. In the case of those textile products which are marked in the

list by a footnote referring 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 products

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. Materials which are not classified within Chapters 50 to 63 may

be used freely, whether or not they contain textiles.

For 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 trimmings and

accessories must be taken into account when calculating the value of

the non-originating materials incorporated.

Note 7

7.1. For the purposes of heading 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 the following operations: processing

with concentrated sulphuric acid, oleum or sulphuric anhydride;

neutralisation with alkaline agents; decolorisation and purification

with naturally active earth, activated earth, activated charcoal or

bauxite;

(g) polymerisation;

(h) alkylation;

(i) isomerisation.

7.2. For the purposes of heading Nos 2710, 2711 and 2712, the

"specific processes" are the following:

(a) vacuum distillation;

(b) redistillation by a very thorough fractionation process;

(c) cracking;

(d) reforming;

(e) extraction by means of selective solvents;

(f) the process comprising all the following operations: processing

with concentrated sulphuric acid, oleum or sulphuric anhydride;

neutralisation with alkaline agents; decolorisation and purification

with naturally active earth, activated earth, activated charcoal or

bauxite;

(g) polymerisation;

(h) alkylation;

(ij) isomerisation;

(k) (in respect of heavy oils falling within 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 falling within heading No 2710 only)

deparaffining by a process other than filtering;

(m) (in respect of heavy oils falling within heading No ex 2710

only) treatment with hydrogen at a pressure of more than 20 bar and

a temperature of more than 250 °C with the use of a catalyst, other

than to effect 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 decolorisation) 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 falling within heading No ex 2710 only)

atmospheric distillation, on condition that less than 30 % of these

products distils, by volume, including losses, at 300 °C by the ASTM

D 86 method;

(o) (in respect of heavy oils other than gas oils and fuel oils

falling within heading No ex 2710 only) treatment by means of a

high-frequency electrical brush-discharge.

7.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901,

ex 2902 and ex 3403, simple operations such as cleaning, decanting,

desalting, water separation, filtering, colouring, marketing

obtaining a sulphur content as a result of mixing products with

different sulphur contents, 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.

 

 

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

 

EUR.1 MOVEMENT CERTIFICATES

1. EUR.1 movement certificates shall be made out on the form of

which a specimen appears in this Annex. This form shall be printed

in one or more of the languages in which the Agreement is drawn up.

Certificates shall be made out in one of these languages and in

accordance with the provisions of the domestic law of the exporting

State. If they are handwritten, they shall be completed in ink and

in capital letters.

2. Each certificate shall measure 210 × 297 mm; a tolerance of up to

minus 5 mm or plus 8 mm in the length may be allowed. The paper used

must be white, sized for writing, not containing mechanical pulp and

weighing not less than 25 g/m3. It shall have a printed green

guilloche pattern background making any falsification by mechanical

or chemical means apparent to the eye.

3. The competent authorities of the Member States of the Community

and of Morocco may reserve the right to print the certificates

themselves or may have them printed by approved printers. In the

latter case each certificate must include a reference to such

approval. Each certificate 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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ANNEX V

 

SPECIMEN IMPRESSION OF THE STAMP MENTIONED IN ARTICLE 22(3)(b)

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ANNEX VI

 

 

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ANNEX VII

 

 

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ANNEX VIII

 

JOINT DECLARATION ON ARTICLE 1 OF THE PROTOCOL

The Parties agree that the provisions of Article 1(e) of the

Protocol shall not prejudice the right of Morocco to benefit from

special and differential treatment and other derogations accorded to

developing countries by the agreement on implementation of Article

VII of the General Agreement on Tariffs and Trade.

JOINT DECLARATION ON ARTICLES 19 AND 33 OF THE PROTOCOL

The Parties agree to the necessity to establish Explanatory Notes to

the provisions of Article 19(1)(b) and Article 33(1) and (2) of the

Protocol.

JOINT DECLARATION ON ARTICLE 39 OF THE PROTOCOL

For the implementation of Article 39 of this Protocol, the Community

is prepared to examine any request from Morocco for derogations from

the rules of origin after signature of the Agreement.

 

 

PROTOCOL 5

on mutual assistance in customs matters between the administrative

authorities

 

Article 1

Definitions

For the purposes of this Protocol:

(a) "customs legislation" shall mean any statutory or regulatory

provision applicable in the territory of the Contracting Parties

governing the import, export, transit of goods and their placing

under any customs procedure, including measures of prohibition,

restriction and control adopted by the Parties concerned;

(b) "applicant authority" shall mean a competent administrative

authority which has been appointed by a Contracting Party for this

purpose and which makes a request for assistance in customs matters;

 

(c) "requested authority" shall mean a competent administrative

authority which has been appointed by a Contracting Party for this

purpose and which receives a request for assistance in customs

matters;

(d) "personal data" shall mean any data relating to an identified or

identifiable natural person.

 

Article 2

Scope

1. The Contracting Parties shall assist each other, within their

areas of responsibility, according to the procedures and under the

conditions laid down in this Protocol, with a view to the

prevention, investigation and detection of operations that

contravene customs legislation.

2. Assistance in customs matters, as provided for in this Protocol,

applies 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 judicial authorities, unless those

authorities so agree.

 

Article 3

Assistance on request

1. At the request of the applicant authority, the requested

authority shall furnish it with all relevant information to enable

it to ensure that customs legislation is correctly applied, in

particular information regarding detected or projected operations

which contravene or would contravene such legislation.

2. At the request of the applicant authority, the requested

authority shall inform it whether goods exported from the territory

of one of the Contracting Parties have been properly imported into

the territory of the other Party, specifying, where appropriate, the

customs procedure applying to the goods.

3. At the request of the applicant authority, the requested

authority shall undertake surveillance, in accordance with its own

legislation, of:

(a) natural or legal persons in respect of whom there are reasonable

grounds for believing that they are engaging in or have engaged in

operations which contravene customs legislation;

(b) places where stocks of goods have been assembled in such a way

that there are reasonable grounds for supposing that they are

intended as supplies for operations contrary to the legislation of

the other Contracting Parties;

(c) movements of goods notified as possibly involving operations

that contravene customs legislation;

(d) means of transport for which there are reasonable grounds for

believing that they have been, are or may be, used for the purpose

of contravening customs legislation.

 

Article 4

Spontaneous assistance

The Contracting Parties shall provide each other, in accordance with

their laws, rules and other legal instruments, with assistance if

they consider that to be necessary for the correct application of

customs legislation, particularly when they obtain information

pertaining to:

- operations which contravene or which they believe to be

contravention of such legislation and which may be of interest to

the other Contracting Parties,

- new means or methods employed in realising such operations,

- goods known to be involved in operations contravening customs

legislation,

- natural or legal persons in respect of whom there are reasonable

grounds for believing that they are engaging in or have engaged in

operations which contravene customs legislation,

- means of transport for which there are reasonable grounds for

believing that they have been, are or may be used in the

contravening of customs legislation.

 

Article 5

Delivery/Notification

At the request of the applicant authority, the requested authority

shall in accordance with its legislation take all necessary measures

in order:

- to deliver any document,

- to notify any decision,

falling within the scope of this Protocol to an addressee, residing

or established in its territory. In such a case Article 6(3) is

applicable.

 

Article 6

Form and substance of requests for assistance

1. Requests pursuant to this Protocol shall be made in writing.

Documents deemed useful to help respond to such requests shall

accompany 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 making the request;

(b) the measure requested;

(c) the object of and the reason for the request;

(d) the laws, rules and other legal elements involved;

(e) indications as exact and comprehensive as possible on the

natural or legal persons being the target of the investigations;

(f) a summary of the relevant facts and of the enquiries already

carried out, except in cases provided for in Article 5.

3. Requests shall be submitted in an official language of the

requested authority or in a language acceptable to such authority.

4. If a request does not met the formal requirements, its correction

or completion may be demanded; the ordering of precautionary

measures may, however, take place.

 

Article 7

Execution of requests

1. In order to comply with a request for assistance, the requested

authority shall proceed, within 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 apply also to the administrative department 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 excecuted in accordance with the

laws, rules and other legal instruments of the requested Contracting

Party.

3. Duly authorised officials of a Contracting Party may, with the

agreement of the other Contracting Party involved and within the

conditions laid down by the latter, obtain from the offices of the

requested authority or other authority for which the requested

authority is responsible, information relating to the operations

contravening or likely to contravene customs legislation which the

applicant authority needs for the purposes of this Protocol.

4. Officials of a Contracting Party may, with the agreement of the

other Contracting Party involved and within 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 the form of documents, certified copies

of documents, reports and the like.

2. The documents provided for in paragraph 1 may be replaced by

computerised information produced in any form for the same purpose.

 

Article 9

Exceptions to the obligation to provide assistance

1. The Contracting Parties may refuse to give assistance as provided

for in this Protocol, where to do so would:

(a) be likely to prejudice Morocco's sovereignty or that of a Member

State of the Community whose assistance has been requested pursuant

to this Protocol; or

(b) be likely to prejudice their public policy, security or other

essential interests; or

(c) involve legislation other than customs legislation; or

(d) violate an industrial, commercial or professional secret.

2. Where the applicant authority asks for assistance which it would

itself be unable to provide if so asked, it shall draw attention to

that fact in its request. It shall then be left to the requested

authority to decide how to respond to such a request.

3. If assistance is denied, the decision and the reasons therefor

must be notified to the applicant authority without delay.

 

Article 10

Obligation to observe confidentiality

1. Any information communicated in whatsoever form pursuant to this

Protocol shall be of a confidential nature. It shall be covered by

the obligation of official secrecy and shall enjoy the protection

extended to like information under the relevant legislation of the

Contracting Party which received it and the corresponding provisions

applying to the Community authorities.

2. Personal data may be communicated only where the level of

protection granted to persons laid down in the legislation of the

Contracting Parties is equivalent. The Contracting Parties must

ensure at least a level of protection based on the principles

contained in the Annex to this Protocol.

 

Article 11

Use of information

1. Information obtained, including information relating to personal

data, shall be used solely for the purposes of this Protocol and may

be used within each Contracting Party for other purposes only with

the prior written consent of the administrative authority which

furnished the information and shall be subject to any restrictions

laid down by that authority. These provisions shall not be

applicable when the information obtained for the purposes of this

Protocol could also be used for the purposes of fighting against

illicit trafficking of narcotic drugs and psychotropic substances.

Such information may be communicated to other authorities directly

involved in combating illicit drug traffic, within the limits of

Article 2.

2. Paragraph 1 shall not impede the use of information in any

judicial or administrative proceedings subsequently instituted for

failure to comply with customs legislation. The competent authority

which provided the information shall be informed immediately of such

use.

3. 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.

 

Article 12

Experts and witnesses

1. An official of a requested authority may be authorised to appear,

within the limitations of the authorisation granted, as expert or

witness in judicial or administrative proceedings regarding the

matters covered by this Protocol in the jurisdiction of the other

Contracting Party, and produce such objects, documents or

authenticated copies thereof, as may be needed for the proceedings.

The request for an appearance must indicate specifically on what

matters and by virtue of what title or qualification the official

will be questioned.

2. The authorised official shall enjoy the protection guaranteed by

existing legislation to officials of the applicant authority on its

territory.

 

Article 13

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, witnesses,

interpreters and translators who are not dependent upon public

services.

 

Article 14

Implementation

1. The implementation of this Protocol shall be entrusted to the

national customs authorities of Morocco on the one hand and the

competent services of the Commission of the European Communities

and, where appropriate, the customs authorities of the Member States

on the other. They shall decide on all practical measures and

arrangements necessary for its application, taking into

consideration rules in the field of data protection. They may,

through the Customs Cooperation Committee set up by Article 40 of

Protocol 4, recommend to the Association Council, amendments which

they consider should be made to this Protocol.

2. The Contracting Parties shall consult 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 15

Complementarity

1. This Protocol shall complement and not impede the application of

any agreements on mutual assistance which have been concluded or may

be concluded by individual or several Member States of the European

Union and Morocco. Nor shall it preclude more extensive mutual

assistance granted under such agreements.

2. Without prejudice to Article 11, these agreements shall not

prejudice Community provisions governing the communication between

the competent services of the Commission and the customs authorities

of the Member States of any information obtained in customs matters

which could be of Community interest.

 

 

 

 

ANNEX

 

FUNDAMENTAL PRINCIPLES APPLICABLE TO DATA PROTECTION

1. Personal data undergoing computer processing must be:

(a) obtained and processed fairly and lawfully;

(b) kept for explicit and legitimate purposes and not further used

in a way incompatible with those purposes;

(c) appropriate, relevant and not excessive in relation to the

purposes for which they are collected;

(d) accurate and, where necessary, kept up to date;

(e) kept in a form which permits identification of the person

concerned for no longer than is necessary for the procedure for

which the data were collected.

2. Personal data revealing racial origin, political or religious

opinions or other beliefs, and data concerning a person's health or

sex life, may not undergo computer processing except where suitable

safeguards are provided by national law. These provisions apply also

to personal data relating to criminal convictions.

3. Appropriate security measures must be taken to ensure that

personal data recorded in computer filing systems are protected

against unlawful destruction or accidental loss and against

unauthorised alteration, disclosure or access.

4. Any person must have the right to:

(a) establish whether personal data relating to him are kept in a

computer filing system, the purposes for which they are mainly used

and the identity and normal place of residence or work of the person

responsible for the filing system;

(b) obtain at reasonable intervals, and without excessive delay or

expense, confirmation as to the existence of a computer filing

system containing personal data relating to him and communication of

such data in an intelligible form;

(c) obtain, as appropriate, the rectification or erasure of such

data where they have been processed in violation of the provisions

laid down by the national legislation applying the fundamental

principles contained in paragraphs 1 and 2 of this Annex;

(d) have access to legal remedies if no action is taken on a request

for communication or, where appropriate, the communication,

rectification or erasure referred to in points (b) and (c) above.

5.1. Derogations from the provisions of paragraphs 1, 2 and 4 of

this Annex are allowed only in the cases below.

5.2. Derogations from the provisions of paragraphs 1, 2 and 4 of

this Annex may be allowed where provided for in the legislation of

the Contracting Party and where such derogation constitutes a

necessary measure in a democratic society and is intended to:

(a) safeguard national security, public order or a State's financial

interests or prevent criminal offences;

(b) protect the data subjects or the rights and freedoms of others.

5.3. In the case of computerised filing systems containing personal

data used for statistical purposes or scientific research, the

rights referred to in paragraphs 4(b), (c) and (d) of this Annex may

be restricted by law where such use is clearly unlikely to

constitute an invasion of privacy of the data subjects.

6. No provision in this Annex is to be interpreted as restricting or

prejudicing a Contracting Party's power to grant data subjects wider

protection than that provided for in this Annex.

 

 

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 and the Treaty establishing the European Coal and Steel

Community,

hereinafter referred to as "the Member States", and

of the EUROPEAN COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY,

hereinafter referred to as "the Community",

of the one part, and

the plenipotentiaries of the KINGDOM OF MOROCCO, hereinafter

referred to as "Morocco",

of the other part,

meeting at Brussels on the twentieth day of February in the year one

thousand nine hundred and ninety-six for the signature of the

Euro-Mediterranean Agreement establishing an association between the

European Communities and their Member States, of the one part, and

the Kingdom of Morocco, of the other part, hereinafter referred to

as "Euro-Mediterranean Agreement", have adopted the following texts:

the Euro-Mediterranean Agreement, the Annexes thereto and the

following Protocols:

>TABLE POSITION>

The plenipotentiaries of the Member States and of the Community and

the plenipotentiaries of Morocco have adopted the texts of the Joint

Declarations listed below and annexed to this Final Act:

Joint Declaration relating to Article 5 of the Agreement

Joint Declaration relating to Article 10 of the Agreement

Joint Declaration relating to Article 12 of the Agreement

Joint Declaration relating to Article 33 of the Agreement

Joint Declaration relating to Article 39 of the Agreement

Joint Declaration relating to Article 42 of the Agreement

Joint Declaration relating to Article 43 of the Agreement

Joint Declaration relating to Article 49 of the Agreement

Joint Declaration relating to Article 50 of the Agreement

Joint Declaration relating to Article 51 of the Agreement

Joint Declaration relating to Article 64 of the Agreement

Joint Declaration relating to Article 65 of the Agreement

Joint Declaration relating to Articles 34, 35, 76 and 77 of the

Agreement

Joint Declaration relating to Article 90 of the Agreement

Joint Declaration relating to Article 96 of the Agreement

Joint Declaration relating to textiles

Joint Declaration relating to readmission.

The plenipotentiaries of the Member States and of the Community and

the plenipotentiaries of Morocco have also taken note of the

Agreements in the form of an Exchange of Letters mentioned below and

attached to this Final Act:

Agreement in the form of an Exchange of Letters between the

Community and the Kingdom of Morocco under Article 12(1) concerning

elimination of the reference prices applied by Morocco to imports of

certain textile and clothing products.

Agreement in the form of an Exchange of Letters between the

Community and the Kingdom of Morocco relating to Article 1 of

Protocol 1 and concerning imports into the Community of fresh cut

flowers and flower buds falling within subheading 060310 of the

Common Customs Tariff.

The plenipotentiaries of Morocco have taken note of the Declaration

by the European Community mentioned below and annexed to this Final

Act:

Declaration relating to Article 29 of the Agreement.

The plenipotentiaries of the Member States and of the Community have

taken note of the Declarations by Morocco mentioned below and

annexed to this Final Act:

1. Declaration on cooperation in nuclear energy

2. Declaration on investment

3. Declaration on the safeguarding of Morocco's interests.

 

Hecho en Bruselas, el veintiseis de febrero de mil novecientos

noventa y seis.

Udfördiget i Bruxelles, den seksogtyvende februar nitten hundrede og

seks og halvfems.

Geschehen zu BrŽssel am sechsundzwanzigsten Februar

neunzehnhundertsechsundneunzig.

>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ąžł Öõņę˙įńęč˙į ščūłń

õżżłńśŽėłń õżõżČżĮń ąžł Įąėėõęń.

>ISO_1>Done at >ISO_7>Ā>ISO_1>russels on the twenty-sixth day of

February in the year one thousand nine hundred and ninety-six.

Fait š Bruxelles, le vingt-six fłvrier mil neuf cent

quatre-vingt-seize.

Fatto a Bruxelles, addü ventisei febbraio millenovecentonovantasei.

Gedaan te Brussel, de zesentwintigste februari negentienhonderd

zesennegentig.

Feito em Bruxelas, em vinte e seis de Fevereiro de mil novecentos e

noventa e seis.

Tehty Brysselissō kahdentenakymmenentenōkuudentena pōivōnō

helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi.

Som skedde i Bryssel den tjugosjōtte februari nittonhundranittiosex.

>PIC FILE= "L_2000070EN.019301.TIF">

 

Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das

KŠnigreich Belgien

>PIC FILE= "L_2000070EN.019302.TIF">

Cette signature engage łgalement la Communautł fran÷aise, la

Communautł flamande, la Communautł germanophone, la Rłgion wallonne,

la Rłgion flamande et la Rłgion de Bruxelles-Capitale.

Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de

Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest,

het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.

Diese Unterschrift verbindet zugleich die Deutschsprachige

Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische

Gemeinschaft, die Wallonische Region, die Flōmische Region und die

Region BrŽssel-Hauptstadt.

 

Põ Kongeriget Danmarks vegne

>PIC FILE= "L_2000070EN.019303.TIF">

 

FŽr die Bundesrepublik Deutschland

>PIC FILE= "L_2000070EN.019401.TIF">

 

>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń

>ISO_1>> PIC FILE= "L_2000070EN.019402.TIF">

 

Por el Reino de Espaęa

>PIC FILE= "L_2000070EN.019403.TIF">

 

Pour la Rłpublique fran÷aise

>PIC FILE= "L_2000070EN.019404.TIF">

 

Thar cheann Na hÉireann/For Ireland

>PIC FILE= "L_2000070EN.019405.TIF">

 

Per la Repubblica italiana

>PIC FILE= "L_2000070EN.019406.TIF">

 

Pour le Grand-Duchł de Luxembourg

>PIC FILE= "L_2000070EN.019501.TIF">

 

Voor het Koninkrijk der Nederlanden

>PIC FILE= "L_2000070EN.019502.TIF">

 

FŽr die Republik Österreich

>PIC FILE= "L_2000070EN.019503.TIF">

 

Suomen tasavallan puolesta

>PIC FILE= "L_2000070EN.019504.TIF">

 

FŠr Konungariket Sverige

>PIC FILE= "L_2000070EN.019505.TIF">

 

Pela RepŪblica Portuguesa

>PIC FILE= "L_2000070EN.019506.TIF">

 

For the United Kingdom of Great Britain and Northern Ireland

>PIC FILE= "L_2000070EN.019601.TIF">

 

Por las Comunidades Europeas/For De Europöiske Föllesskaber/FŽr die

Europōischen Gemeinschaften/>ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ

Ź˙łżŽĮ÷ĮõĖ/>ISO_1>For the European Communities/Pour les Communautłs

europłennes/Per le Comunitš europee/Voor de Europese

Gemeenschappen/Pelas Comunidades Europeias/Euroopan yhteisŠjen

puolesta/Põ Europeiska gemenskapernas vōgnar

>PIC FILE= "L_2000070EN.019602.TIF">

>PIC FILE= "L_2000070EN.019603.TIF">

 

 

>PIC FILE= "L_2000070EN.019604.TIF">

>PIC FILE= "L_2000070EN.019605.TIF">

 

 

JOINT DECLARATIONS

 

Joint Declaration relating to Article 5 of the Agreement

1. The Parties hereby agree that political dialogue at Ministerial

level should take place at least once a year.

2. The Parties consider that political dialogue should be

established between the European Parliament and the Moroccan

parliamentary institutions.

Joint Declaration relating to Article 10 of the Agreement

The two Parties hereby agree to establish jointly the separate

specification by Morocco of an agricultural component in the import

duties in force on goods originating in the Community before the

entry into force of the Agreement in respect of the products

appearing in list 2 in Annex 2 to the Agreement.

This principle will also apply to the products appearing in list 3

in Annex 2 to the Agreement before elimination of the industrial

component begins.

Should Morocco raise the duties in force on 1 January 1995 for the

products mentioned above owing to the agricultural component, it

will accord the Community a 25 % reduction on the increase in

duties.

Joint Declaration relating to Article 12 of the Agreement

1. With regard to textiles and clothing, the Parties hereby agree

that the schedule for the elimination of reference prices and the

tariff reduction which are referred to in Article 12(1) shall be

agreed upon through an Exchange of Letters before the Agreement is

signed.

2. With regard to the products affected by the tariff-dismantling

referred to in Article 12(2), it is understood that a checking

system shall be established in Morocco with technical assistance

from the Community. Morocco shall undertake to establish such a

checking system by 31 December 1999.

Joint Declaration relating to Article 33 of the Agreement

It is understood that the concept of convertibility of current

payments is to be interpreted in accordance with Article VIII of the

Articles of Agreement of the International Monetary Fund.

Joint Declaration relating to Article 39 of the Agreement

Under the Agreement, the Parties agree that intellectual, industrial

and commercial property comprises, in particular, copyright,

including copyright in computer programs, and neighbouring rights,

commercial trademarks and geographical descriptions including

designation of origin, industrial designs and models, patents,

configuration plans (topographies) of integrated circuits,

protection of undisclosed information and protection against unfair

competition in accordance with Article 10(a) of the Paris Convention

for the protection of industrial property in the 1967 Act of

Stockholm (Paris Union).

Joint Declaration relating to Article 42 of the Agreement

The Contracting Parties reaffirm the importance they attach to

decentralised cooperation programmes as an additional means of

promoting the exchange of experience and transfer of knowledge in

the Mediterranean region and between the European Community and its

partners.

Joint Declaration relating to Article 43 of the Agreement

The Parties hereby agree that within the context of economic

cooperation provision shall be made for technical assistance in

matters relating to safeguard clauses and anti-dumping checks.

Joint Declaration relating to Article 49 of the Agreement

The Contracting Parties recognise the need to modernise the Moroccan

productive sector in order to adapt it better to the realities of

the international and European economy.

The Community will give its support to Morocco in implementing a

support programme in the industrial sectors to benefit from

restructuring and updating in order to cope with difficulties which

may stem from the liberalisation of trade and in particular the

dismantling of tariffs.

Joint Declaration relating to Article 50 of the Agreement

The Contracting Parties attach importance to boosting the flow of

direct investment to Morocco.

They agree to expand Morocco's access to Community investment

promotion instruments in accordance with the relevant Community

provisions.

Joint Declaration relating to Article 51 of the Agreement

The Parties hereby agree to implement the cooperation referred to in

Article 51 as soon as possible and to give it priority.

Joint Declaration relating to Article 64 of the Agreement

1. Without prejudice to the conditions and procedures applicable in

each Member State, the Parties will examine the matter of access to

a Member State's labour market of the spouse and children, legally

resident under family reunification arrangements, of Moroccan

workers legally employed on the territory of a Member State, except

for seasonal workers, those on secondment or on placement, for the

duration of the worker's authorised stay.

2. With regard to the absence of discrimination as regards

redundancy, Article 64(1) may not be invoked to obtain renewal of a

residence permit. The granting, renewal or refusal of a residence

permit shall be governed by the legislation of each Member State and

the bilateral agreements and conventions in force between Morocco

and the Member State.

Joint Declaration relating to Article 65 of the Agreement

It is understood that the term "members of their family" shall be

defined according to the national legislation of the host country

concerned.

Joint Declaration relating to Articles 34, 35, 76 and 77 of the

Agreement

If, during the progressive implementation of the Agreement, Morocco

experiences serious balance of payments difficulties, Morocco and

the Community may hold consultations to work out the best ways and

means of helping Morocco cope with these difficulties.

Such consultations will take place in conjunction with the

International Monetary Fund.

Joint Declaration relating to Article 90 of the Agreement

1. The Parties agree, for the purpose of the correct interpretation

and practical application of this Agreement, that the term "cases of

special urgency" in Article 90 means a case of the material breach

of the Agreement by one of the Parties. A material breach of the

Agreement consists in:

- repudiation of the Agreement not sanctioned by the general rules

of international law,

- violation of the essential elements of the Agreement agreed to in

Article 2.

2. The Parties agree that the "appropriate measures" referred to in

Article 90 of the Agreement are measures taken in accordance with

international law. If a Party takes measure in a case of special

urgency as provided for under Article 90, the other Party may avail

itself of the procedure relating to settlement of disputes.

Joint Declaration relating to Article 96 of the Agreement

The advantages which Morocco derives from the arrangements granted

to it by France under the Protocol on goods originating in and

coming from certain countries and enjoying special treatment when

imported into a Member State, annexed to the Treaty establishing the

European Community, have been taken into account in this Agreement.

As a result, these special arrangements must be considered repealed

from the date on which the Agreement enters into force.

Joint Declaration relating to textiles

It is understood that the arrangements for textile products will be

the subject of a special protocol, to be concluded by 31 December

1995, on the basis of the provisions of the arrangement in force in

1995.

Joint Declaration relating to readmission

The Parties hereby agree to adopt bilaterally the appropriate

provisions and measures to cover readmission of their nationals in

cases in which the latter have left their countries. For those

purposes, in the case of the Member States of the European Union,

"nationals" shall be taken to mean Member State nationals as defined

for Community purposes.

 

 

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the Community and the Kingdom of Morocco under Article 12(1)

concerning elimination of the reference prices applied by Morocco to

imports of certain textile and clothing products

 

A. Letter from the Community

Sir,

Under Article 12(1) of the Euro-Mediterranean Association Agreement

and the relevant Joint Declaration thereto, the Parties, without

prejudice to the other provisions of Article 12(1), have agreed as

follows:

1. The reference prices applicable to textile products and articles

of clothing originating in the Community classified within Chapters

51 to 63 inclusive and listed in Annex 5 to the Agreement shall be

reduced as from the date of the Agreement's entry into force to 75 %

of the reference prices applied erga omnes.

The reductions to be applied at the beginning of the second and

third years shall be fixed by the Association Council, but shall not

be less than the reduction applied for the first year, i.e. 25 %. In

fixing the rate of reduction the Association Council shall take,

account, inter alia, of progress made in setting up the control and

verification machinery which Morocco is to develop with the aid of

Community technical assistance in those fields referred to in the

Joint Declaration on Article 43 of the Agreement.

2. The reference prices applied erga omnes by Morocco shall be

eliminated in respect of products originating in the Community in

accordance with the following timetable:

- upon the Agreement's entry into force the reference prices shall

be eliminated in respect of a quarter of the products to which they

apply,

- one year after the Agreement's entry into force the reference

prices shall be eliminated in respect of half of the products to

which they apply,

- two years after the Agreement's entry into force the reference

prices shall be eliminated in respect of three-quarters of the

products to which they apply,

- three years after the Agreement's entry into force all the

reference prices shall be eliminated.

The above elimination procedure shall apply to the list of products

subject to Moroccan reference prices erga omnes on the date on which

elimination is to take place.

I should be obliged if you would confirm that your Government is in

agreement with the above.

Please accept, Sir, the assurance of my highest consideration.

 

On behalf of the Council of the European Union

 

B. Letter from the Kingdom of Morocco

Sir,

I have the honour to acknowledge receipt of your letter of today's

date, which reads as follows: "Under Article 12(1) of the

Euro-Mediterranean Association Agreement and the relevant Joint

Declaration thereto, the Parties, without prejudice to the other

provisions of Article 12(1), have agreed as follows:

1. The reference prices applicable to textile products and articles

of clothing originating in the Community classified within Chapters

51 to 63 inclusive and listed in Annex 5 to the Agreement shall be

reduced as from the date of the Agreement's entry into force to 75 %

of the reference prices applied erga omnes.

The reductions to be applied at the beginning of the second and

third years shall be fixed by the Association Council, but shall not

be less than the reduction applied for the first year, i.e. 25 %. In

fixing the rate of reduction the Association Council shall take

account, inter alia, of progress made in setting up the control and

verification machinery which Morocco is to develop with the aid of

Community technical assistance in those fields referred to in the

Joint Declaration on Article 43 of the Agreement.

2. The reference prices applied erga omnes by Morocco shall be

eliminated in respect of products originating in the Community in

accordance with the following timetable:

- upon the Agreement's entry into force the reference prices shall

be eliminated in respect of a quarter of the products to which they

apply,

- one year after the Agreement's entry into force the reference

prices shall be eliminated in respect of half of the products to

which they apply,

- two years after the Agreement's entry into force the reference

prices shall be eliminated in respect of three-quarters of the

products to which they apply,

- three years after the Agreement's entry into force all the

reference prices shall be eliminated.

The above elimination procedure shall apply to the list of products

subject to Moroccan reference prices erga omnes on the date on which

elimination is to take place.

I should be obliged if you would confirm that your Government is in

agreement with the above."

I have the honour to confirm that my Government is in agreement with

the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

 

For the Government of the Kingdom of Morocco

 

 

 

 

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the Community and the Kingdom of Morocco relating to Article

1 of Protocol 1 and concerning imports into the community of fresh

cut flowers and flower buds falling within subheading 0603 10 of the

Common Customs Tariff

 

A. Letter from the Community

Sir,

The following was agreed between the Community and Morocco:

Article 1 of Protocol 1 to the Euro-Mediterranean Association

Agreement provides for the elimination of customs duties on imports

into the Community of cut flowers and flower buds, fresh, falling

within subheading 0603 10 of the Common Customs Tariff and

originating in Morocco, subject to a limit of 3000 tonnes.

Morocco undertakes to abide by the conditions laid down below to

imports into the Community of roses and carnations which qualify for

the elimination of this tariff:

- the price level of imports into the Community must be at least

equal to 85 % of the Community price level for the same products

over the same periods,

- the Moroccan price level shall be determined by recording the

prices of the imports on representative Community import markets,

- the Community price level shall be based on the producer prices

recorded on representative markets of the main producer Member

States,

- price levels will be recorded on a fortnightly basis and weighted

by the respective quantities. This provision is valid for Community

prices and for Moroccan prices,

- for both Community producer prices and the import prices of

Moroccan products, a distinction shall be made between

large-flowered and small-flowered roses and between uniflorous and

multiflorous carnations,

- if the Moroccan price level for any one type of product is below

85 % of the Community price level, the tariff preference shall be

suspended. The Community shall reinstate the tariff preference when

a Moroccan price level equal to 85 % or more of the Community price

level is recorded.

Morocco further undertakes to maintain the traditional breakdown of

trade between roses and carnations.

Should the Community market be disturbed by a change in this

breakdown, the Community reserves the right to determine the

proportions in line with traditional trade patterns. In such cases,

an exchange of views on the matter will take place.

I should be obliged if you would confirm that your Government is in

agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

 

On behalf of the Council of the European Union

 

B. Letter from Morocco

Sir,

I have the honour to acknowledge receipt of your letter of today's

date which reads as follows: "The following was agreed between the

Community and Morocco:

Article 1 of Protocol 1 to the Euro-Mediterranean Association

Agreement provides for the elimination of customs duties on imports

into the Community of cut flowers and flower buds, fresh, falling

within subheading 0603 10 of the Common Customs Tariff and

originating in Morocco, subject to a limit of 3000 tonnes.

Morocco undertakes to abide by the conditions laid down below to

imports into the Community of roses and carnations which qualify for

the elimination of this tariff:

- the price level of imports into the Community must be at least

equal to 85 % of the Community price level for the same products

over the same periods,

- the Moroccan price level shall be determined by recording the

prices of the imports on representative Community import markets,

- the Community price level shall be based on the producer prices

recorded on representative markets of the main producer Member

States,

- price levels will be recorded on a fortnightly basis and weighted

by the respective quantities. This provision is valid for Community

prices and for Moroccan prices,

- for both Community producer prices and the import prices of

Moroccan products, a distinction shall be made between

large-flowered and small-flowered roses and between uniflorous and

multiflorous carnations,

- if the Moroccan price level for any one type of product is below

85 % of the Community price level, the tariff preference shall be

suspended. The Community shall reinstate the tariff preference when

a Moroccan price level equal to 85 % or more of the Community price

level is recorded.

Morocco further undertakes to maintain the traditional breakdown of

trade between roses and carnations.

Should the Community market be disturbed by a change in this

breakdown, the Community reserves the right to determine the

proportions in line with traditional trade patterns. In such cases,

an exchange of views on the matter will take place.

I should be obliged if you would confirm that your Government is in

agreement with the contents of this letter."

I have the honour to confirm that my Government is in agreement with

the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

 

For the Government of the Kingdom of Morocco

 

 

 

 

DECLARATION BY THE COMMUNITY

Declaration relating to Article 29 of the Agreement

 

1. If Morocco concludes agreements with other Mediterranean

countries with a view to establishing free trade, the European

Community is willing to consider cumulation of origin in its trade

with those countries.

2. The Community points to the conclusions of the Cannes European

Council, which emphasise the importance of phasing in cumulation of

origin among all the Parties in a manner similar to that proposed by

the Community for the countries of central and eastern Europe, in

order to establish a Euro-Mediterranean free-trade area.

With that aim in mind, the Community has decided that it will

propose to Morocco that there be a harmonisation of rules of origin

with those established by the agreements with other Mediterranean

countries, which are the same as the rules in the agreements with

the countries of central and eastern Europe, once those rules become

applicable in a Mediterranean country.

 

 

DECLARATIONS BY MOROCCO

 

1. Declaration on cooperation in nuclear energy

Morocco, which has signed the non-proliferation treaty, wishes to

develop cooperation in nuclear energy with the Community in the

future.

2. Declaration on investment

As part of cooperation in the field of investment, Morocco wishes

consideration to be given to the possibility of establishing a

guarantee fund for European investment.

3. Declaration on the safeguarding of Morocco's interests

Morocco wishes its interests to be taken into account where any

concession and advantages are granted to other Mediterranean

non-member countries under future agreements concluded between those

countries and the European Community.