22002A0930(01)
Interim Agreement on trade and trade-related matters between the
European Community, of the one part, and the Republic of Lebanon, of
the other part - Final act
Dates:
of document: 17/06/2002
of effect: 01/03/2003; Entry into force See Art 42.2 And
22003X0122(01)
of signature: 17/06/2002; Luxembourg
end of validity: 99/99/9999; See Art. 39.1
Authentic language: German ; English ; Danish ; Spanish ; French ;
Finnish ; Greek ; Italian ; Dutch ; Portuguese ; Swedish ; Arabic ;
The official languages ; Other than Community language
Author:
European Community ; Lebanon
Subject matter: External relations ; Commercial policy
Directory code: 11401020
EUROVOC descriptor: EC interim agreement ; EC trade agreement ; free
movement of goods ; customs regulations ; Lebanon ; cooperation
policy
Legal basis:
197E133................... Adoption
197E300-P2L1FR1........... Adoption
Instruments cited:
294A1223(01)..............
294A1223(03)..............
294A1223(09)..............
294A1223(14)..............
294A1223(15)..............
Amendment to:
277A0503(01)...... Amendment..... Replacement ART 8 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 9 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 23 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 22 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 21 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 20 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 19 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 18 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 17 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 33 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 32 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 31 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 10 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 30 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 28 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 27 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 26 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 25 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 46 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 44 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 43 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 42 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 41 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 11 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 40 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 37 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 36.1 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 34 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 16 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 48 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 49 from DATEFF
277A0503(01)...... Amendment..... Replacement PROT 2 from DATEFF
277A0503(01)...... Amendment..... Replacement ANN A. from DATEFF
277A0503(01)...... Amendment..... Replacement ANN B. from DATEFF
277A0503(01)...... Amendment..... Replacement ART 12 from DATEFF
277A0503(01)...... Amendment..... Replacement ANN C. from DATEFF
277A0503(01)...... Amendment..... Replacement ART 13 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 14 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 15 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 47 from DATEFF
277A0503(01)...... Amendment..... Replacement ART 24 from DATEFF
277A0503(02)...... Replacement... from DATEFF
Amended by:
Adopted by.... 302D0761.......... from 22/07/2002
Subsequent related instruments:
Relation...... 203X0122(01)......
Interim Agreement
on trade and trade-related matters between the European Community,
of the one part, and the Republic of Lebanon, of the other part
THE EUROPEAN COMMUNITY, hereinafter referred to as the "Community",
of the one part, and
THE REPUBLIC OF LEBANON, hereinafter referred to as "Lebanon",
of the other part,
WHEREAS the Euro-Mediterranean Agreement establishing an Association
between the European Community and its Member States, of the one
part, and the Republic of Lebanon, of the other part, was signed at
Luxembourg on 17 June 2002,
WHEREAS the Euro-Mediterranean Association Agreement is intended to
strengthen and widen relations between the Community and its Member
States and Lebanon established by the existing Cooperation Agreement
of 1977,
WHEREAS it is in the mutual interest of the Parties to implement as
speedily as possible, by means of an Interim Agreement, the
provisions of the Association Agreement on trade and trade-related
matters,
WHEREAS it is necessary to ensure that, pending the entry into force
of the Association Agreement and the establishment of the
Association Council, the Cooperation Council set up by the existing
Cooperation Agreement of 1977 exercise the powers assigned by the
Association Agreement to the Association Council, which are
necessary in order to implement the Interim Agreement,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries:
THE EUROPEAN COMMUNITY
Josep Piquł I Camps
Minister of Foreign Affairs of the Kingdom of Spain
President-in-Office of the Council of the European Union
Chris Patten
Member of the Commission of the European Communities
LEBANON
Mahmoud Hammoud
Minister of Foreign Affairs and Emigrants
WHO, having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
TITLE I
GENERAL PRINCIPLES
Article 1 (aa2)
Relations between the Parties, as well as all the provisions of this
Agreement itself, shall be based on respect of democratic principles
and fundamental human rights as set out in the Universal Declaration
on Human Rights, which guides their internal and international
policy and constitutes an essential element of this Agreement.
TITLE II
FREE MOVEMENT OF GOODS
Article 2 (aa6)
The Community and Lebanon shall gradually establish a free trade
area over a transitional period not exceeding 12 years from the
entry into force of this Agreement according to the modalities set
out in this title and in conformity with the provisions of the
General Agreement on Tariffs and Trade of 1994 and of the other
multilateral agreements on trade in goods annexed to the Agreement
establishing the World Trade Organisation (WTO), hereinafter
referred to as the GATT.
CHAPTER 1
INDUSTRIAL PRODUCTS
Article 3 (aa7)
The provisions of this Chapter shall apply to products originating
in the Community and Lebanon falling within Chapters 25 to 97 of the
Combined Nomenclature and of the Lebanese customs tariff with the
exception of the products listed in Annex 1.
Article 4 (aa8)
Imports into the Community of products originating in Lebanon shall
be allowed free of customs duties and of any other charge having
equivalent effect.
Article 5 (aa9)
1. Customs duties and charges having equivalent effect applicable on
import into Lebanon of products originating in the Community shall
be progressively abolished in accordance with the following
schedule:
- five years after the date of entry into force of this Agreement
each duty and charge shall be reduced to 88 % of the basic rate,
- six years after the date of entry into force of this Agreement
each duty and charge shall be reduced to 76 % of the basic rate,
- seven years after the date of entry into force of this Agreement
each duty and charge shall be reduced to 64 % of the basic rate,
- eight years after the date of entry into force of this Agreement
each duty and charge shall be reduced to 52 % of the basic rate,
- nine years after the date of entry into force of this Agreement
each duty and charge shall be reduced to 40 % of the basic rate,
- 10 years after the date of entry into force of this Agreement each
duty and charge shall be reduced to 28 % of the basic rate,
- 11 years after the date of entry into force of this Agreement each
duty and charge shall be reduced to 16 % of the basic rate,
- 12 years after the date of entry into force of this Agreement the
remaining duties and charges shall be abolished.
2. In the event of serious difficulties for a given product, the
schedule applicable under paragraph 1 above may be reviewed by the
Cooperation Council 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 Cooperation Council has not taken a
decision within 30 days of an application by Lebanon to review the
schedule, Lebanon may suspend the schedule provisionally for a
period which may not exceed one year.
3. For each product concerned, the basic duty to be gradually
reduced as provided in paragraph 1 shall be the rates referred to in
Article 15.
Article 6 (aa10)
The provisions concerning the abolition of customs duties on imports
shall also apply to customs duties of a fiscal nature.
Article 7 (aa11)
1. Exceptional measures of limited duration which derogate from the
provisions of Article 5 may be taken by Lebanon in the form of an
increase or reintroduction of customs duties.
2. These measures may only concern new and infant industries, or
sectors undergoing restructuring or facing serious difficulties,
particularly where these difficulties entail major social problems.
3. Customs duties on imports into Lebanon of products originating in
the Community that are introduced by such exceptional 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 20 % of the yearly average of total imports of
industrial products from the Community during the last three years
for which statistics are available.
4. These measures shall be applied for a period not exceeding five
years unless a longer duration is authorised by the Cooperation
Council. They shall cease to apply at the latest on the expiry of
the maximum transitional period of 123 years.
5. No such measures can 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.
6. Lebanon shall inform the Cooperation Council of any exceptional
measures it intends to adopt and, at the request of the Community,
consultations shall be held on the measures and sectors concerned
before they are implemented. When adopting such measures Lebanon
shall provide the Cooperation Council with a schedule for the
elimination of the customs duties introduced under this Article.
This schedule shall provide for a phasing-out of these duties in
equal annual instalments starting no later than the end of the
second year following their introduction. The Cooperation Council
may decide on a different schedule.
7. By way of derogation from provisions of paragraph 4, the
Cooperation Council may exceptionally, to take account of the
difficulties involved in setting up new industries, endorse the
measures already taken by Lebanon pursuant to paragraph 1 for a
maximum period of three years beyond the 12 year transitional
period.
CHAPTER 2
AGRICULTURAL, FISHERIES AND PROCESSED AGRICULTURAL PRODUCTS
Article 8 (aa12)
The provisions of this Chapter shall apply to products originating
in the Community and Lebanon falling within Chapters 1 to 24 of the
Combined Nomenclature and of the Lebanese customs tariff and to the
products listed in Annex 1.
Article 9 (aa13)
The Community and Lebanon shall progressively establish a greater
liberalisation of their trade in agricultural, fisheries and
processed agricultural products, of interest to both parties.
Article 10 (aa14)
1. Agricultural products originating in Lebanon listed in Protocol 1
on importation into the Community shall be subject to the
arrangement set out in that Protocol.
2. Agricultural products originating in the Community listed in
Protocol 2 on importation into Lebanon shall be subject to the
arrangement set out in that Protocol.
3. Trade in processed agricultural products falling under this
chapter shall be subject to the arrangements set out in Protocol 3.
Article 11 (aa15)
1. Five years after the entry into force of this Agreement, the
Community and Lebanon shall assess the situation in order to
determine measures to be applied by the Community and Lebanon one
year following the revision of this Agreement, in accordance with
the objective set out in Article 9.
2. Without prejudice to the provisions of paragraph 1 and taking
account of the volume of trade in agricultural, fisheries and
processed agricultural products between the two Parties and the
particular sensitivity of such products, the Community and Lebanon
shall examine on a regular basis in the Cooperation Council, product
by product and on an orderly and reciprocal basis, the possibility
of granting each other further concessions.
Article 12 (aa16)
1. In the event of specific rules being introduced as a result of
the implementation of its agricultural policy or of any alteration
of the current rules or in the event of any alteration or extension
of the provisions relating to the implementation of its agricultural
policy, the Party concerned may amend the arrangements resulting
from the Agreement in respect of the products concerned.
2. The Party carrying out such modification shall inform the
Cooperation Council thereof. At the request of the other Party, the
Cooperation Council shall meet to take due account of the interest
of the other Party.
3. If the Community or Lebanon, 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.
4. Any modification of the arrangements made by this Agreement shall
be the subject, at the request of the other Party, of consultations
within the Cooperation Council.
Article 13 (aa17)
1. Both Parties agree to cooperate to reduce the potential for fraud
in the application of the trade provisions of this Agreement.
2. Notwithstanding other provisions of this Agreement, where one
Party finds that there is sufficient evidence of fraud such as a
significant increase in trade products by one party to the other
party, beyond the level reflecting economic conditions such as
normal production and export capacities, or failure to provide
administrative cooperation as required for the verification of
evidence of origin by the other Party, both Parties shall enter into
consultations immediately to find an appropriate solution. Pending
such a solution, the Party concerned may take the appropriate
measures it deems necessary. In the selection of the measure
priority must be given to those which least disturb the functioning
of the arrangements established in this Agreement.
CHAPTER 3
COMMON PROVISIONS
Article 14 (aa18)
1. No new customs duties on imports or exports or charges having
equivalent effect shall be introduced in trade between the Community
and Lebanon, nor shall those already applied upon entry into force
of this Agreement be increased unless this Agreement provides
otherwise.
2. No new quantitative restriction on imports or measure having
equivalent effect shall be introduced in trade between the Community
and Lebanon.
3. Quantitative restrictions on imports and measures having
equivalent effect in trade between Lebanon and the Community shall
be abolished upon the entry into force of this Agreement.
4. Neither the Community nor Lebanon shall apply to exports between
themselves either customs duties or charges having equivalent
effect, or quantitative restrictions or measures of equivalent
effect.
Article 15 (aa19)
1. For each product the basic rate to which the successive
reductions laid down in Article 5(1) are to be applied shall be that
actually applied vis-š-vis the Community on the day of conclusion of
the negotiations.
2. In the event of the accession of Lebanon to the WTO, the
applicable rates for imports between the Parties shall be the WTO
bound rate or lower effectively applied rate enforced as of the date
of the accession. If, after the accession to the WTO, a tariff
reduction is applied on an erga omnes basis, the reduced rate shall
apply.
3. The provision laid down in paragraph 2 is of application for any
tariff reduction applied after the day of conclusion of the
negotiations on an erga omnes basis.
4. The Parties shall communicate to each other their respective
applied rates on the day of conclusion of the negotiations.
Article 16 (aa20)
Products originating in Lebanon shall not enjoy more favourable
treatment when imported into the Community than that applied by
Member States among themselves.
Article 17 (aa21)
1. The Parties shall refrain from any measure or practice of an
internal fiscal nature establishing, whether directly or indirectly,
discrimination between the products of one Party and like products
originating in the territory of the other Party.
2. Products exported to the territory of one of the Parties may not
benefit from repayment of indirect internal taxation in excess of
the amount of indirect taxation imposed on them either directly or
indirectly.
Article 18 (aa22)
1. This Agreement shall not preclude the maintenance or
establishment of customs unions, free trade areas or arrangements
for frontier trade except in so far as they alter the trade
arrangements provided for in this Agreement.
2. Consultations between the Parties shall take place within the
Cooperation Council concerning agreements establishing such customs
unions or free trade areas and, where requested, 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 can be taken of the mutual interests of the
Community and Lebanon.
Article 19 (aa23)
If one of the Parties finds that dumping is taking place in trade
with the other Party in line with prevailing international rules as
defined in Article VI of the General Agreement on Tariffs and Trade
(GATT) 1994 and related internal legislation, it may take
appropriate measures against this practice in accordance with the
WTO Agreement on the implementation of Article VI of the GATT 1994
and related internal legislation.
Article 20 (aa24)
1. Without prejudice to Article 27, the WTO Agreement on Subsidies
and Countervailing Measures shall apply between the Parties.
2. Until the necessary rules referred to in Article 27(2) are
adopted, if either Party finds that subsidy is taking place in trade
with the other Party in line with prevailing international rules as
defined in Articles VI and XVI of the General Agreement on Tariffs
and Trade (GATT) 1994 and related internal legislation, it may
invoke appropriate measures against this practice in accordance with
those rules as defined by the WTO Agreement on Subsidies and
Countervailing Measures and related internal legislation.
Article 21 (aa25)
1. The provisions of Article XIX of the GATT 1994 and the WTO
Agreement on Safeguards and related internal legislation are
applicable between the Parties.
2. Before applying safeguard measures as defined by international
rules, the Party intending to apply such measures shall supply the
Cooperation Council with all relevant information required for a
thorough examination of the situation with a view to seeking a
solution acceptable to the Parties.
In order to find such a solution the Parties shall immediately hold
consultations within the Cooperation Council. If, as a result of the
consultations, the Parties do not reach an agreement within 30 days
of the initiation of the consultations on a solution to avoid the
application of the safeguard measures, the Party intending to apply
safeguard measures may apply the provisions of Article XIX of the
GATT 1994 and the WTO Agreement on Safeguards.
3. In the selection of safeguard measures pursuant to this article,
the Parties shall give priority to those, which cause least
disturbance to the achievement of the objectives of this Agreement.
4. Safeguard measures shall be notified immediately to the
Cooperation Council and shall be the subject of periodic
consultations within the Cooperation Council, particularly with a
view to their abolition as soon as circumstances permit.
Article 22 (aa26)
1. Where compliance with the provisions of Article 14(4) leads to:
(a) re-export to a third country against which the exporting Party
maintains, for the product concerned, quantitative export
restrictions, export duties or measures or charges having equivalent
effect; or
(b) 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 paragraph 2.
2. The difficulties arising from the situations referred to in
paragraph 1 shall be submitted for examination to the Cooperation
Council. The Cooperation Council 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 on the exportation of the
product concerned. The measures shall be non-discriminatory and
shall be eliminated when conditions no longer justify their
maintenance.
Article 23 (aa27)
Nothing in this Agreement shall preclude prohibitions or
restrictions on imports, exports or goods in transit justified on
grounds of public morality, public policy or public security; of the
protection of health and life of humans, animals or plants; of the
protection of national treasures of artistic, historic or
archaeological value; of the protection of intellectual, industrial
and commercial property; of rules relating to gold and silver and
conservation of exhaustible natural resources. Such prohibitions or
restrictions shall not, however, constitute a means of arbitrary
discrimination or a disguised restriction on trade between the
Parties.
Article 24 (aa28)
The concept of "originating products" for the application of the
provisions of the present title and the methods of administrative
cooperation relating thereto are laid down in Protocol 4.
Article 25 (aa29)
The Combined Nomenclature of goods shall be applied to the
classification of goods for imports into the Community. The Lebanese
customs tariff shall be applied to the classification of goods for
imports into Lebanon.
Article 26 (aa34)
Where one or several Member States of the Community or Lebanon face
or risk facing serious difficulties concerning balance of payments,
the Community or Lebanon respectively may, in conformity with the
conditions laid down within the framework of the GATT and Articles
VIII and XIV of the Statutes of the International Monetary Fund,
take restrictive measures with regard to current payments if such
measures are strictly necessary. The Community or Lebanon, as
appropriate, shall inform the other Party immediately thereof and
shall provide as soon as possible a timetable for the removal of
such measures.
TITLE III
TRADE-RELATED PROVISIONS
CHAPTER 1
COMPETITION
Article 27 (aa35)
1. The following are incompatible with the proper functioning of
this Agreement, in so far as they may affect trade between the
Community and Lebanon:
(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, as defined by their respective
legislation;
(b) abuse by one or more undertakings of a dominant position in the
territories of the Community or Lebanon as a whole or in a
substantial part thereof, as defined by their respective
legislation.
2. The Parties will enforce their respective competition legislation
and shall exchange information taking into account the limitations
imposed by the requirements of confidentiality. The necessary rules
for cooperation in order to implement paragraph 1 shall be adopted
by the Cooperation Council within five years of entry into force of
this Agreement.
3. If the Community or Lebanon considers that a particular practice
is incompatible with the terms of paragraph 1 of this Article, and
if such practice causes or threatens to cause serious prejudice to
the other Party, it may take appropriate measures after consultation
within the Cooperation Council or after 30 working days following
referral for such consultation.
Article 28 (aa36)
The Member States and Lebanon shall progressively adjust, without
prejudice to their commitments respectively taken or to be taken
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 Lebanon. The
Cooperation Council will be informed about the measures adopted to
implement this objective.
Article 29 (aa37)
With regard to public enterprises and enterprises to which special
or exclusive rights have been granted, the Cooperation Council shall
ensure that as from the fifth year following the date of entry into
force of this Agreement there is neither enacted nor maintained any
measure distorting trade between the Community and Lebanon to an
extent contrary to the Parties' interests. This provision should not
obstruct the performance in law or in fact of the particular tasks
assigned to these enterprises.
CHAPTER 2
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY
Article 30 (aa38)
1. Pursuant to the provisions of this Article and of Annex 2, the
Parties shall ensure adequate and effective protection of
intellectual, industrial and commercial property rights in
conformity with the highest international standards, including
effective means of enforcing such rights.
2. The implementation of this Article and of Annex 2 shall be
regularly reviewed by the Parties. If problems in the area of
intellectual property protection affecting trading conditions occur,
urgent consultations shall be undertaken, at the request of either
Party, with a view to reaching mutually satisfactory solutions.
CHAPTER 3
CUSTOMS COOPERATION
Article 31 (aa56)
1. The Parties shall develop customs cooperation to ensure that the
provisions on trade are observed. For this purpose they shall
establish a dialogue on customs matters.
2. Cooperation shall focus on the simplification of controls and
procedures concerning the customs clearance of goods, and shall take
the form of exchange of information among experts and vocational
training.
3. Mutual assistance between administrative authorities in customs
matters shall take place in accordance with the provisions of
Protocol 5.
TITLE IV
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 32
The Cooperation Council set up by the Agreement between the European
Economic Community and the Republic of Lebanon signed on 3 May 1977
shall perform duties assigned to it until the Association Council
and the Association Committee provided for in Articles 74 and 77
respectively of the Association Agreement are established.
Article 33 (aa75)
1. The Cooperation 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 Lebanon, on the other.
2. Members of the Cooperation Council may arrange to be represented,
in accordance with the provisions laid down in its Rules of
Procedure.
4. The Cooperation Council shall be chaired in turn by a member of
the Council of the European Union and a member of the Government of
Lebanon in accordance with the provisions laid down in its Rules of
Procedure.
Article 34 (aa82)
1. Each of the Parties may refer to the Cooperation Council any
dispute relating to the application or interpretation of this
Agreement.
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 Cooperation Council shall appoint a third arbitrator.
The arbitrators' decisions shall be taken by majority vote.
Each party to the dispute must take the steps required to implement
the decision of the arbitrators.
Article 35 (aa83)
Nothing in this Agreement shall prevent a Party from taking any
measures:
(a) which it considers necessary to prevent the disclosure of
information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions
or war materials or to research, development or production
indispensable for defence purposes, provided that such measures do
not impair the conditions of competition in respect of products not
intended for specifically military purposes;
(c) which it considers essential to its own security in the event of
serious internal disturbances affecting the maintenance of law and
order, in time of war or serious international tension constituting
threat of war or in order to carry out obligations it has accepted
for the purpose of maintaining peace and international security.
Article 36 (aa84)
1. In the fields covered by this Agreement and without prejudice to
any special provisions contained therein:
(a) the arrangements applied by Lebanon in respect of the Community
shall not give rise to any discrimination between the Member States,
their nationals, companies or firms;
(b) the arrangements applied by the Community in respect of Lebanon
shall not give rise to any discrimination between Lebanese
nationals, companies or firms.
2. The provisions of paragraph 1 shall be without prejudice to the
right of the Parties to apply the relevant provisions of their
fiscal legislation to taxpayers who are not in identical situations
as regards their place of residence.
Article 37 (aa86)
1. The Parties shall take any general or specific measures required
to fulfil their obligations under the Agreement. They shall see to
it that the objectives set out in this Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under this Agreement, it may take appropriate
measures. Before so doing, except in cases of special urgency, it
shall supply the Cooperation Council with all the relevant
information required for a thorough examination of the situation
with a view to seeking a solution acceptable to the Parties.
3. In the selection of the appropriate measures referred to in
paragraph 2, priority must be given to those which least disturb the
functioning of this Agreement. The Parties also agree that these
measures shall be taken in accordance with international law and
shall be proportional to the violation.
These measures shall be notified immediately to the Cooperation
Council and shall be the subject of consultations within the
Cooperation Council if the other Party so requests.
Article 38 (aa87)
Annexes 1 and 2 and Protocols 1 to 5 shall form an integral part of
this Agreement.
Article 39 (aa89)
1. This Agreement shall be applicable until the entry into force of
the Association Agreement signed on 17 June 2002.
2. 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 40 (aa90)
This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Community is applied and
under the conditions laid down in that Treaty and, on the other
hand, to the territory of Lebanon.
Article 41 (aa91)
This Agreement is drawn up in duplicate in the Arabic, Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Portuguese,
Spanish, and Swedish languages, each of these texts being equally
authentic. It shall be deposited with the General Secretariat of the
Council of the European Union.
Article 42 (aa92)
2. This Agreement shall enter into force on the first day of the
second month following the date on which the Parties notify each
other that the procedures referred to in paragraph 1 have been
completed.
3. Upon its entry into force, this Agreement shall replace Articles
8 to 28, 30 to 34, 36(1), 37, 40 to 44, 46 to 49 of the Cooperation
Agreement between the European Economic Community and the Republic
of Lebanon, including its Protocol 2, and Annexes A, B and C, and
the Agreement between the Member States of the European Coal and
Steel Community and Lebanon, signed in Brussels on 3 May 1977.
Hecho en Luxemburgo, el diecisiete de junio de dos mil
dos./Udfördiget i Luxembourg den syttende juni to tusind og
to./Geschehen zu Luxemburg am siebzehnten Juni
zweitausendzwei./>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ ōąśń õŠĮĄ
É˙įżč˙į ōž˙ šłūłĄōõĖ ōž˙./>ISO_1>Done at Luxembourg, on the
seventeenth day of June in the year two thousand and two./Fait š
Luxembourg, le dix-sept juin deux mille deux./Fatto a Lussemburgo,
addü diciassette giugno duemiladue./Gedaan te Luxemburg, de
zeventiende juni tweeduizend en twee./Feito no Luxemburgo, em
dezeassete de Junho de dois mil e dois./Tehty Luxemburgissa
seitsemōntenōtoista pōivōnō kesōkuuta vuonna kaksituhattakaksi./Som
skedde i Luxemburg den sjuttonde juni tjugohundratvõ./
>PIC FILE= "L_2002262EN.000901.TIF">
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
>PIC FILE= "L_2002262EN.001001.TIF">
>PIC FILE= "L_2002262EN.001002.TIF">
>PIC FILE= "L_2002262EN.001003.TIF">
>PIC FILE= "L_2002262EN.001004.TIF">
LIST OF ANNEXES AND PROTOCOLS
>TABLE POSITION>
ANNEX 1
LIST OF AGRICULTURAL AND PROCESSED AGRICULTURAL PRODUCTS FALLING
UNDER HS CHAPTERS 25 TO 97 REFERRED TO IN ARTICLES 3 AND 8
>TABLE POSITION>
ANNEX 2
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY REFERRED TO IN
ARTICLE 30
1. By the end of the fifth year after the entry into force of this
Agreement, Lebanon shall ratify the revisions to the following
multilateral conventions on intellectual property, to which Member
States and Lebanon are parties or which are de facto applied by
Member States:
- Paris Convention for the protection of industrial property
(Stockholm Act 1967 and amended in 1979),
- Berne Convention for the Protection of Literary and Artistic Works
(revised at Paris in 1971 and amended in 1979),
- Nice Agreement concerning the International Classification of
Goods and Services for the purposes of the Registration of Marks
(Geneva 1977, amended in 1979).
2. By the end of the fifth year after the entry into force of this
Agreement, Lebanon shall accede to the following multilateral
conventions to which member states are parties or which are de facto
applied by Member States:
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and
modified in 1984),
- Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure (1977, modified
in 1980),
- Protocol to the Madrid Agreement concerning the international
registration of marks (Madrid, 1989),
- Trademark Law Treaty (Geneva, 1994),
- International Convention for the Protection of New Varieties of
Plants (UPOV) (Geneva Act of 1991),
- Agreement on Trade-related Aspects of Intellectual Property, Annex
1C to the Agreement establishing the World Trade Organisation
(TRIPs, Marrakesh 1994).
PROTOCOL 1
concerning arrangements applicable to imports into the Community of
agricultural products originating in Lebanon referred to in Article
10(1)
1. Imports into the Community of the following products originating
in Lebanon shall be subject to the conditions set out below.
2. Imports into the Community of those agricultural products
originating in Lebanon other than those listed in this Protocol
shall be allowed free of customs duty.
3. For the first year of application, the volumes of tariff quotas
shall be calculated as a pro rata of the basic volumes, taking into
account the part of the period elapsed before the date of entry into
force of this Agreement.
>TABLE POSITION>
PROTOCOL 2
concerning arrangements applicable to imports into Lebanon of
agricultural products originating in the Community referred to in
Article 10(2)
1. Imports into the Republic of Lebanon of the following products
originating in the Community shall be subject to the conditions set
out below.
2. The reduction rates in column (B) of the customs duty in (A)
shall neither apply to the minimum duties nor to the excise duties
in (C).
>TABLE POSITION>
PROTOCOL 3
on trade between Lebanon and the Community in processed agricultural
products referred to in Article 10(3)
Article 1
Imports into the Community of processed agricultural products
originating in Lebanon shall be subject to the customs duties and
charges having equivalent effects mentioned in Annex 1 of this
Protocol.
Article 2
1. Imports into Lebanon of processed agricultural products
originating in the Community shall be subject to the customs duties
and charges having equivalent effect as mentioned in Annex 2 of this
Protocol.
2. The tariff dismantling schedule applying in accordance to
paragraph 1 shall be that referred to in Article 5(1) of this
Agreement, unless otherwise specified in Annex 2 of this Protocol.
Article 3
The reductions of customs duties mentioned in Annexes 1 and 2 shall
apply to the basic duties referred to in Article 15 of this
Agreement.
Article 4
1. Customs duties applied pursuant to Articles 1 and 2 may be
reduced where in trade between the Community and Lebanon, the duties
applied to the basic products are reduced, or where such reductions
are the result of mutual concessions relating to processed
agricultural products.
2. As regards the duties applied by the Community, the reductions
provided for under paragraph 1 will be calculated on the part of the
duty designated as the agricultural component which shall correspond
to the agricultural products actually used in the manufacture of the
processed agricultural products in question and deduced from the
duties applied to these basic agricultural products.
3. The reduction referred to in paragraph 1, the list of products
concerned and, where appropriate, the tariff quotas within which the
reduction applies shall be established by the Association Council.
Article 5
The Community and Lebanon shall inform each other of the
administrative arrangements adopted for the products covered by this
Protocol.
These arrangements should ensure equal treatment for all interested
parties and should be as simple and flexible as possible.
ANNEX 1
CONCERNING ARRANGEMENTS APPLICABLE TO IMPORTS INTO THE COMMUNITY OF
PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN LEBANON
Notwithstanding the rules for the interpretation of the Combined
Nomenclature, the wording for the description of the products is to
be considered as having no more than indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes as they exist at the time of
adoption of the current act. Where ex CN codes are indicated, the
preferential scheme is to be determined by application of the CN
code and corresponding description together.
LIST 1
>TABLE POSITION>
LIST 2
>TABLE POSITION>
LIST 3
>TABLE POSITION>
ANNEX 2
CONCERNING ARRANGEMENTS APPLICABLE TO IMPORTS INTO LEBANON OF
PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY
>TABLE POSITION>
PROTOCOL 4
concerning the definition of the concept of "originating products"
and methods of administrative cooperation
TABLE OF CONTENTS
>TABLE POSITION>
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Protocol:
(a) "manufacture" means any kind of working or processing including
assembly or specific operations;
(b) "material" means any ingredient, raw material, component or
part, etc., used in the manufacture of the product;
(c) "product" means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) "goods" means both materials and products;
(e) "customs value" means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of the General
Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) "ex-works price" means the price paid for the product ex-works
to the manufacturer in the Community or Lebanon in whose undertaking
the last working or processing is carried out, provided the price
includes the value of all the materials used, minus any internal
taxes which are, or may be, repaid when the product obtained is
exported;
(g) "value of materials" means the customs value at the time of
importation of the non-originating materials used, or, if this is
not known and cannot be ascertained, the first ascertainable price
paid for the materials in the Community or Lebanon;
(h) "value of originating materials" means the value of such
materials as defined in subparagraph (g) applied mutatis mutandis;
(i) "added value" shall be taken to be the ex-works price minus the
customs value of each of the products incorporated which did not
originate in the country in which those products were obtained;
(j) "chapters" and "headings" mean the chapters and the headings
(four-digit codes) used in the nomenclature which makes up the
harmonised commodity description and coding system, referred to in
this Protocol as the "Harmonised System" or "HS";
(k) "classified" refers to the classification of a product or
material under a particular heading;
(l) "consignment" means products which are either sent
simultaneously from one exporter to one consignee or covered by a
single transport document covering their shipment from the exporter
to the consignee or, in the absence of such a document, by a single
invoice;
(m) "territories" includes territorial waters.
TITLE II
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
Article 2
General requirements
1. For the purpose of implementing this Agreement, the following
products shall be considered as originating in the Community:
(a) products wholly obtained in the Community within the meaning of
Article 5 of this Protocol;
(b) products obtained in the Community incorporating materials which
have not been wholly obtained there, provided that such materials
have undergone sufficient working or processing in the Community
within the meaning of Article 6 of this Protocol.
2. For the purpose of implementing this Agreement, the following
products shall be considered as originating in Lebanon:
(a) products wholly obtained in Lebanon within the meaning of
Article 5 of this Protocol;
(b) products obtained in Lebanon incorporating materials which have
not been wholly obtained there, provided that such materials have
undergone sufficient working or processing in Lebanon within the
meaning of Article 6 of this Protocol.
Article 3
Bilateral cumulation of origin
1. Materials originating in the Community shall be considered as
materials originating in Lebanon when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing, provided they have
undergone working or processing going beyond that referred to in
Article 7(1) of this Protocol.
2. Materials originating in Lebanon shall be considered as materials
originating in the Community when incorporated into a product
obtained there. It shall not be necessary that such materials have
undergone sufficient working or processing, provided they have
undergone working or processing going beyond that referred to in
Article 7(1) of this Protocol.
Article 4
Diagonal cumulation of origin
1. Subject to the provisions of paragraphs 2 and 3, materials
originating in any of the countries which are signatory to a
European-Mediterranean Association Agreement, within the meaning of
the Agreements between the Community and Lebanon and these countries
shall be considered as originating in the Community or Lebanon when
incorporated into a product obtained there. It shall not be
necessary that such materials have undergone sufficient working or
processing.
This paragraph shall not apply to materials originating in Turkey
which are mentioned in the list at Annex III to this Protocol.
2. Products which have acquired originating status by virtue of
paragraph 1 shall only continue to be considered as products
originating in the Community or Lebanon when the value added there
exceeds the value of the materials used originating in any one of
the other countries referred to in paragraph 1. If this is not so,
the products concerned shall be considered as originating in the
country referred to in paragraph 1 which accounts for the highest
value of originating materials used. In the allocation of origin, no
account shall be taken of materials originating in the other
countries referred to in paragraph 1 which have undergone sufficient
working or processing in the Community or Lebanon.
3. The cumulation provided for in this Article may only be applied
where the materials used have acquired the status of originating
products by an application of rules of origin identical to the rules
in this Protocol. The Community and Lebanon shall provide each
other, through the European Commission with details of agreements
and their corresponding rules of origin which have been concluded
with the other countries referred to in paragraph 1.
4. Once the requirements laid down in paragraph 3 have been
fulfilled, and a date for the entry into force of these provisions
has been agreed, each party shall fulfill its own notification and
information obligations.
Article 5
Wholly obtained products
1. The following shall be considered as wholly obtained in the
Community or Lebanon:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea
outside the territorial waters of the Community or Lebanon by their
vessels;
(g) products made aboard their factory ships exclusively from
products referred to in subparagraph (f);
(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use
as waste;
(i) waste and scrap resulting from manufacturing operations
conducted there;
(j) products extracted from marine soil or subsoil outside their
territorial waters provided that they have sole rights to work that
soil or subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms "their vessels" and "their factory ships" in paragraph
1(f) and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in a Community Member State or
in Lebanon;
(b) which sail under the flag of a Community Member State or of
Lebanon;
(c) which are owned to an extent of at least 50 % by nationals of
Community Member States or of Lebanon, or by a company with its head
office in one of these States, of which the manager or managers,
chairman of the board of directors or the supervisory board, and the
majority of the members of such boards are nationals of Community
Member States or of Lebanon and of which, in addition, in the case
of partnerships or limited companies, at least half the capital
belongs to those States or to public bodies or nationals of the said
States;
(d) of which the master and officers are nationals of Community
Member States or of Lebanon; and
(e) of which at least 75 % of the crew are nationals of Community
Member States or of Lebanon.
Article 6
Sufficiently worked or processed products
1. For the purposes of Article 2, products which are not wholly
obtained are considered to be sufficiently worked or processed when
the conditions set out in the list in Annex II are fulfilled.
The conditions referred to above indicate, for all products covered
by this Agreement, the working or processing which must be carried
out on non-originating materials used in manufacturing and apply
only in relation to such materials. Accordingly, it follows that if
a product, which has acquired originating status by fulfilling the
conditions set out in the list is used in the manufacture of another
product, the conditions applicable to the product in which it is
incorporated do not apply to it, and no account shall be taken of
the non-originating materials which may have been used in its
manufacture.
2. Notwithstanding paragraph 1, the products which are not wholly
obtained and listed in Annex IIa are considered to be sufficiently
worked or processed when the conditions set out in the list in Annex
IIa are fulfilled.
The provision of this paragraph shall apply for three years
following the entry into force of this Agreement.
3. Notwithstanding paragraph 1 and 2, non-originating materials
which, according to the conditions set out in the list, should not
be used in the manufacture of a product may nevertheless be used,
provided that:
(a) their total value does not exceed 10 % of the ex-works price of
the product;
(b) any of the percentages given in the list for the maximum value
of non-originating materials are not exceeded through the
application of this paragraph.
This paragraph shall not apply to products falling within chapters
50 to 63 of the Harmonised System.
1. Without prejudice to paragraph 2, the following operations shall
be considered as insufficient working or processing to confer the
status of originating products, whether or not the requirements of
Article 6 are satisfied:
(a) operations to ensure the preservation of products in good
condition during transport and storage (ventilation, spreading out,
drying, chilling, placing in salt, 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 breaking up 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 mixtures do not meet the
conditions laid down in this Protocol to enable them to be
considered as originating in the Community or Lebanon;
(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.
2. All the operations carried out in either the Community or Lebanon
on a given product shall be considered together when determining
whether the working or processing undergone by that product is to be
regarded as insufficient within the meaning of paragraph 1.
Article 8
Unit of qualification
1. The unit of qualification for the application of the provisions
of this Protocol shall be the particular product which is considered
as the basic unit when determining classification using the
nomenclature of the Harmonised System.
Accordingly, it follows that:
(a) when a product composed of a group or assembly of articles is
classified under the terms of the Harmonised System in a single
heading, the whole constitutes the unit of qualification;
(b) when a consignment consists of a number of identical products
classified under the same heading of the Harmonised System, each
product must be taken individually when applying the provisions of
this Protocol.
2. Where, under general rule 5 of the Harmonised System, packaging
is included with the product for classification purposes, it shall
be included for the purposes of determining origin.
Article 9
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of
equipment, machine, apparatus or vehicle, which are part of the
normal equipment and included in the price thereof or which are not
separately invoiced, shall be regarded as one with the piece of
equipment, machine, apparatus or vehicle in question.
Article 10
Sets
Sets, as defined in general rule 3 of the Harmonised System, shall
be regarded as originating when all component products are
originating. Nevertheless, when a set is composed of originating and
non-originating products, the set as a whole shall be regarded as
originating, provided that the value of the non-originating products
does not exceed 15 % of the ex-works price of the set.
Article 11
Neutral elements
In order to determine whether a product originates, it shall not be
necessary to determine the origin of the following which might be
used in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) goods which do not enter and which are not intended to enter
into the final composition of the product.
TITLE III
TERRITORIAL REQUIREMENTS
Article 12
Principle of territoriality
1. The conditions set out in Title II relative to the acquisition of
originating status must be fulfilled without interruption in the
Community or Lebanon, except as provided for in Article 4.
2. If originating goods exported from the Community or Lebanon to
another country are returned, except in so far as provided for in
Article 4 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 13
Direct transport
1. The preferential treatment provided for under this Agreement
applies only to products, satisfying the requirements of this
Protocol, which are transported directly between the Community and
Lebanon or through the territories of the other countries referred
to in Article 4. However, products constituting one single
consignment may be transported through other territories with,
should the occasion arise, transshipment or temporary warehousing in
such territories, provided that they remain under the surveillance
of the customs authorities in the country of transit or warehousing
and do not undergo operations other than unloading, reloading or any
operation designed to preserve them in good condition.
Originating products may be transported by pipeline across territory
other than that of the Community or Lebanon.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the
importing country by the production of:
(a) a single transport document covering the passage from the
exporting country through the country of transit; or
(b) a certificate issued by the customs authorities of the country
of transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products
and, where applicable, the names of the ships, or the other means of
transport used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 14
Exhibitions
1. Originating products, sent for exhibition in a country other than
those referred to in Article 4 and sold after the exhibition for
importation in the Community or Lebanon shall benefit on importation
from the provisions of this Agreement provided it is shown to the
satisfaction of the customs authorities that:
(a) an exporter has consigned these products from the Community or
Lebanon to the country in which the exhibition is held and has
exhibited them there;
(b) the products have been sold or otherwise disposed of by that
exporter to a person in the Community or Lebanon;
(c) the products have been consigned during the exhibition or
immediately thereafter in the state in which they were sent for
exhibition; and
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the
exhibition.
2. A proof of origin must be issued or made out in accordance with
the provisions of Title V and submitted to the customs authorities
of the importing country in the normal manner. The name and address
of the exhibition must be indicated thereon. Where necessary,
additional documentary evidence of the conditions under which they
have been exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or
crafts exhibition, fair or similar public show or display which is
not organised for private purposes in shops or business premises
with a view to the sale of foreign products, and during which the
products remain under customs control.
TITLE IV
DRAWBACK OR EXEMPTION
Article 15
Prohibition of drawback of, or exemption from, customs duties
1. Non-originating materials used in the manufacture of products
originating in the Community, in Lebanon or in one of the other
countries referred to in Article 4 for which a proof of origin is
issued or made out in accordance with the provisions of Title V
shall not be subject in the Community or Lebanon to drawback of, or
exemption from, customs duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for
refund, remission or non-payment, partial or complete, of customs
duties or charges having an equivalent effect, applicable in the
Community or Lebanon to materials used in the manufacture, where
such refund, remission or non-payment applies, expressly or in
effect, when products obtained from the said materials are exported
and not when they are retained for home use there.
3. The exporter of products covered by a proof of origin shall be
prepared to submit at any time, upon request from the customs
authorities, all appropriate documents proving that no drawback has
been obtained in respect of the non-originating materials used in
the manufacture of the products concerned and that all customs
duties or charges having equivalent effect applicable to such
materials have actually been paid.
4. The provisions of paragraphs 1 to 3 shall also apply in respect
of packaging within the meaning of Article 8(2), accessories, spare
parts and tools within the meaning of Article 9 and products in a
set within the meaning of Article 10 when such items are
non-originating.
5. The provisions of paragraphs 1 to 4 shall apply only in respect
of materials which are of the kind to which this Agreement applies.
Furthermore, they shall not preclude the application of an export
refund system for agricultural products, applicable upon export in
accordance with the provisions of this Agreement.
6. The provisions of this article shall not apply for six years
following the entry into force of this Agreement.
7. After the entry into force of the provisions of this Article and
notwithstanding paragraph 1, Lebanon may apply arrangements for
drawback of, or exemption from, customs duties or charges having an
equivalent effect, applicable to materials used in the manufacture
of originating products, subject to the following provisions:
(a) a 5 % rate of customs charge shall be retained in respect of
products falling within Chapters 25 to 49 and 64 to 97 of the
Harmonised System, or such lower rate as in force in Lebanon;
(b) a 10 % rate of customs charge shall be retained in respect of
products falling within Chapters 50 to 63 of the Harmonised System,
or such lower rate as in force in Lebanon.
Before the end of the transitional period referred to in Article 2
of this Agreement, the provisions of this paragraph will be
reviewed.
TITLE V
PROOF OF ORIGIN
Article 16
General requirements
1. Products originating in the Community shall, on importation into
Lebanon and products originating in Lebanon shall, on importation
into the Community benefit from this Agreement upon submission of
either:
(a) a movement certificate EUR.1, a specimen of which appears in
Annex IV; or
(b) in the cases specified in Article 21(1), a declaration, the text
of which appears in Annex V, given by the exporter on an invoice, a
delivery note or any other commercial document which describes the
products concerned in sufficient detail to enable them to be
identified (hereinafter referred to as the "invoice declaration").
2. Notwithstanding paragraph 1, originating products within the
meaning of this Protocol shall, in the cases specified in Article
26, benefit from this Agreement without it being necessary to submit
any of the documents referred to above.
Article 17
Procedure for the issue of a movement certificate EUR.1
1. A movement certificate EUR.1 shall be issued by the customs
authorities of the exporting country on application having been made
in writing by the exporter or, under the exporter's responsibility,
by his authorised representative.
2. For this purpose, the exporter or his authorised representative
shall fill out both the movement certificate EUR.1 and the
application form, specimens of which appear in Annex IV. These forms
shall be completed in one of the languages in which this Agreement
is drawn up and in accordance with the provisions of the domestic
law of the exporting country. If they are handwritten, they shall be
completed in ink in printed characters. The description of the
products must be given in the box reserved for this purpose without
leaving any blank lines. Where the box is not completely filled, a
horizontal line must be drawn below the last line of the
description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate
EUR.1 shall be prepared to submit at any time, at the request of the
customs authorities of the exporting country where the movement
certificate EUR.1 is issued, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. A movement certificate EUR.1 shall be issued by the customs
authorities of an Community Member State or Lebanon if the products
concerned can be considered as products originating in the
Community, Lebanon or in one of the other countries referred to in
Article 4 and fulfil the other requirements of this Protocol.
5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfilment of
the other requirements of this Protocol. For this purpose, they
shall have the right to call for any evidence and to carry out any
inspection of the exporter's accounts or any other check considered
appropriate. The issuing customs authorities shall also ensure that
the forms referred to in paragraph 2 are duly completed. In
particular, they shall check whether the space reserved for the
description of the products has been completed in such a manner as
to exclude all possibility of fraudulent additions.
6. The date of issue of the movement certificate EUR.1 shall be
indicated in box 11 of the certificate.
7. A movement certificate EUR.1 shall be issued by the customs
authorities and made available to the exporter as soon as actual
exportation has been effected or ensured.
Article 18
Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 17(7), a movement certificate EUR.1 may
exceptionally be issued after exportation of the products to which
it relates if:
(a) it was not issued at the time of exportation because of errors
or involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs
authorities that a movement certificate EUR.1 was issued but was not
accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate
in his application the place and date of exportation of the products
to which the movement certificate EUR.1 relates, and state the
reasons for his request.
3. The customs authorities may issue a movement certificate EUR.1
retrospectively only after verifying that the information supplied
in the exporter's application agrees with that in the corresponding
file.
4. Movement certificates EUR.1 issued retrospectively must be
endorsed with one of the following phrases:
"NACHTRÄGLICH AUSGESTELLT", "DELIVRE 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_2002262EN.007401.TIF">".
5. The endorsement referred to in paragraph 4 shall be inserted in
the "Remarks" box of the movement certificate EUR.1.
Article 19
Issue of a duplicate movement certificate EUR.1
1. In the event of theft, loss or destruction of a movement
certificate EUR.1, the exporter may apply to the customs authorities
which issued it for a duplicate made out on the basis of the export
documents in their possession.
2. The duplicate issued in this way must be endorsed with one of the
following words:
"DUPLIKAT", "DUPLICATA", "DUPLICATO", "DUPLICAAT", "DUPLICATE",
">ISO_7>ĮĶŌÉĆŃĮÖĻ", ">ISO_1>DUPLICADO", "SEGUNDA VIA",
"KAKSOISKAPPALE",
">PIC FILE= "L_2002262EN.007501.TIF">".
3. The endorsement referred to in paragraph 2 shall be inserted in
the "Remarks" box of the duplicate movement certificate EUR.1.
4. The duplicate, which must bear the date of issue of the original
movement certificate EUR.1, shall take effect as from that date.
Article 20
Issue of movement certificates EUR.1 on the basis of a proof of
origin issued or made out previously
When originating products are placed under the control of a customs
office in the Community or Lebanon, it shall be possible to replace
the original proof of origin by one or more movement certificates
EUR.1 for the purpose of sending all or some of these products
elsewhere within the Community or Lebanon. The replacement movement
certificate(s) EUR.1 shall be issued by the customs office under
whose control the products are placed.
Article 21
Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 16(1)(b) may be
made out:
(a) by an approved exporter within the meaning of Article 22, or
(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does not
exceed EUR 6000.
2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the Community, Lebanon
or in one of the other countries referred to in Article 4 and fulfil
the other requirements of this Protocol.
3. The exporter making out an invoice declaration shall be prepared
to submit at any time, at the request of the customs authorities of
the exporting country, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. An invoice declaration shall be made out by the exporter by
typing, stamping or printing on the invoice, the delivery note or
another commercial document, the declaration, the text of which
appears in Annex V, using one of the linguistic versions set out in
that Annex and in accordance with the provisions of the domestic law
of the exporting country. If the declaration is handwritten, it
shall be written in ink in printed characters.
5. Invoice declarations shall bear the original signature of the
exporter in manuscript. However, an approved exporter within the
meaning of Article 22 shall not be required to sign such
declarations provided that he gives the customs authorities of the
exporting country a written undertaking that he accepts full
responsibility for any invoice declaration which identifies him as
if it had been signed in manuscript by him.
6. An invoice declaration may be made out by the exporter when the
products to which it relates are exported, or after exportation on
condition that it is presented in the importing country no longer
than two years after the importation of the products to which it
relates.
Article 22
Approved exporter
1. The customs authorities of the exporting country may authorise
any exporter who makes frequent shipments of products under this
Agreement to make out invoice declarations irrespective of the value
of the products concerned. An exporter seeking such authorisation
must offer to the satisfaction of the customs authorities all
guarantees necessary to verify the originating status of the
products as well as the fulfilment of the other requirements of this
Protocol.
2. The customs authorities may grant the status of approved exporter
subject to any conditions which they consider appropriate.
3. The customs authorities shall grant to the approved exporter a
customs authorisation number which shall appear on the invoice
declaration.
5. The customs authorities may withdraw the authorisation at any
time. They shall do so where the approved exporter no longer offers
the guarantees referred to in paragraph 1, does not fulfil the
conditions referred to in paragraph 2 or otherwise makes an
incorrect use of the authorisation.
Article 23
Validity of proof of origin
1. A proof of origin shall be valid for four months from the date of
issue in the exporting country, and must be submitted within the
said period to the customs authorities of the importing country.
2. Proofs of origin which are submitted to the customs authorities
of the importing country after the final date for presentation
specified in paragraph 1 may be accepted for the purpose of applying
preferential treatment, where the failure to submit these documents
by the final date set is due to exceptional circumstances.
3. In other cases of belated presentation, the customs authorities
of the importing country may accept the proofs of origin where the
products have been submitted before the said final date.
Article 24
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of
the importing country in accordance with the procedures applicable
in that country. The said authorities may require a translation of a
proof of origin and may also require the import declaration to be
accompanied by a statement from the importer to the effect that the
products meet the conditions required for the implementation of this
Agreement.
Article 25
Importation by instalments
Where, at the request of the importer and on the conditions laid
down by the customs authorities of the importing country, dismantled
or non-assembled products within the meaning of general rule 2(a) of
the Harmonised System falling within sections XVI and XVII or
heading Nos 7308 and 9406 of the Harmonised System are imported by
instalments, a single proof of origin for such products shall be
submitted to the customs authorities upon importation of the first
instalment.
Article 26
Exemptions from proof of origin
1. Products sent as small packages from private persons to private
persons or forming part of travellers' personal luggage shall be
admitted as originating products without requiring the submission of
a proof of origin, provided that such products are not imported by
way of trade and have been declared as meeting the requirements of
this Protocol and where there is no doubt as to the veracity of such
a declaration. In the case of products sent by post, this
declaration can be made on the customs declaration CN22/CN23 or on a
sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for
the personal use of the recipients or travellers or their families
shall not be considered as imports by way of trade if it is evident
from the nature and quantity of the products that no commercial
purpose is in view.
3. Furthermore, the total value of these products shall not exceed
EUR 500 in the case of small packages or EUR 1200 in the case of
products forming part of travellers' personal luggage.
Article 27
Supporting documents
The documents referred to in Articles 17(3) and 21(3) used for the
purpose of proving that products covered by a movement certificate
EUR.1 or an invoice declaration can be considered as products
originating in the Community, Lebanon or in one of the other
countries referred to in Article 4 and fulfil the other requirements
of this Protocol may consist inter alia of the following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used,
issued or made out in the Community or Lebanon where these documents
are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the
Community or Lebanon, issued or made out in the Community or
Lebanon, where these documents are used in accordance with domestic
law;
(d) movement certificates EUR.1 or invoice declarations proving the
originating status of materials used, issued or made out in the
Community or Lebanon in accordance with this Protocol, or in one of
the other countries referred to in Article 4, in accordance with
rules of origin which are identical to the rules in this Protocol.
Article 28
Preservation of proof of origin and supporting documents
1. The exporter applying for the issue of a movement certificate
EUR.1 shall keep for at least three years the documents referred to
in Article 17(3).
2. The exporter making out an invoice declaration shall keep for at
least three years a copy of this invoice declaration as well as the
documents referred to in Article 21(3).
3. The customs authorities of the exporting country issuing a
movement certificate EUR.1 shall keep for at least three years the
application form referred to in Article 17(2).
4. The customs authorities of the importing country shall keep for
at least three years the movement certificates EUR.1 and the invoice
declarations submitted to them.
Article 29
Discrepancies and formal errors
1. The discovery of slight discrepancies between the statements made
in the proof of origin and those made in the documents submitted to
the customs office for the purpose of carrying out the formalities
for importing the products shall not ipso facto render the proof of
origin null and void if it is duly established that this document
does correspond to the products submitted.
2. Obvious formal errors such as typing errors on a proof of origin
should not cause this document to be rejected if these errors are
not such as to create doubts concerning the correctness of the
statements made in this document.
Article 30
Amounts expressed in euro
1. Amounts in the national currency of the exporting country
equivalent to the amounts expressed in euro shall be fixed by the
exporting country and communicated to the importing countries
through the European Commission.
2. 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. When the products
are invoiced in the currency of a Community Member State or another
country referred to in Article 4, the importing country shall
recognise the amount notified by the country concerned.
3. The amounts to be used in any given national currency shall be
the equivalent in that national currency of the amounts expressed in
euro as at the first working day in October 1999.
4. The amounts expressed in euro and their equivalents in the
national currencies of Community Member States and Lebanon shall be
reviewed by the Association Committee at the request of the
Community or Lebanon. When carrying out this review, the Association
Committee shall ensure that there will be no decrease in the amounts
to be used in 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 euro.
TITLE VI
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 31
Mutual assistance
1. The customs authorities of the Community Member States and of
Lebanon shall provide each other, through the European Commission,
with specimen impressions of stamps used in their customs offices
for the issue of movement certificates EUR.1 and with the addresses
of the customs authorities responsible for verifying those
certificates and invoice declarations.
2. In order to ensure the proper application of this Protocol, the
Community and Lebanon shall assist each other, through the competent
customs administrations, in checking the authenticity of the
movement certificates EUR.1 or the invoice declarations and the
correctness of the information given in these documents.
Article 32
Verification of proofs of origin
1. Subsequent verifications of proofs of origin shall be carried out
at random or whenever the customs authorities of the importing
country have reasonable doubts as to the authenticity of such
documents, the originating status of the products concerned or the
fulfilment of the other requirements of this Protocol.
2. For the purposes of implementing the provisions of paragraph 1,
the customs authorities of the importing country shall return the
movement certificate EUR.1 and the invoice, if it has been
submitted, the invoice declaration, or a copy of these documents, to
the customs authorities of the exporting country giving, where
appropriate, the reasons for the enquiry. Any documents and
information obtained suggesting that the information given on the
proof or origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the customs authorities
of the exporting country. For this purpose, they shall have the
right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products
concerned while awaiting the results of the verification, release of
the products shall be offered to the importer subject to any
precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible.
These results must indicate clearly whether the documents are
authentic and whether the products concerned can be considered as
products originating in the Community, Lebanon or one of the other
countries referred to in Article 4 and fulfil the other requirements
of this Protocol.
6. If in cases of reasonable doubt there is no reply within 10
months of the date of the verification request or if the reply does
not contain sufficient information to determine the authenticity of
the document in question or the real origin of the products, the
requesting customs authorities shall, except in exceptional
circumstances, refuse entitlement to the preferences.
Article 33
Dispute settlement
Where disputes arise in relation to the verification procedures of
Article 32 which cannot be settled between the customs authorities
requesting a verification and the customs authorities responsible
for carrying out this verification or where they raise a question as
to the interpretation of this Protocol, they shall be submitted to
the Association Committee.
In all cases the settlement of disputes between the importer and the
customs authorities of the importing country shall be under the
legislation of the said country.
Article 34
Penalties
Penalties shall be imposed on any person who draws up, or causes to
be drawn up, a document which contains incorrect information for the
purpose of obtaining a preferential treatment for products.
Article 35
Free zones
1. The Community and Lebanon shall take all necessary steps to
ensure that products traded under cover of a proof of origin which
in the course of transport use a free zone situated in their
territory, are not substituted by other goods and do not undergo
handling other than normal operations designed to prevent their
deterioration.
2. By means of an exemption to the provisions contained in paragraph
1, when products originating in the Community or Lebanon are
imported into a free zone under cover of a proof of origin and
undergo treatment or processing, the authorities concerned shall
issue a new EUR.1 certificate at the exporter's request, if the
treatment or processing undergone is in conformity with the
provisions of this Protocol.
TITLE VII
CEUTA AND MELILLA
Article 36
Application of the Protocol
2. Products originating in Lebanon, when imported into Ceuta or
Melilla, shall enjoy in all respects the same customs regime as that
which is applied to products originating in the customs territory of
the Community under Protocol 2 of the Act of Accession of the
Kingdom of Spain and the Portuguese Republic to the European
Communities. Lebanon shall grant to imports of products covered by
this Agreement and originating in Ceuta and Melilla the same customs
regime as that which is granted to products imported from and
originating in the Community.
3. For the purpose of the application of paragraph 2 concerning
products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in
Article 37.
Article 37
Special conditions
1. Providing they have been transported directly in accordance with
the provisions of Article 13, the following shall be considered as:
1. products originating in Ceuta and Melilla:
(a) products wholly obtained in Ceuta and Melilla;
(b) products obtained in Ceuta and Melilla in the manufacture of
which products other than those referred to in (a) are used,
provided that:
(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of this Protocol; or that
(ii) those products are originating in Lebanon or the Community
within the meaning of this Protocol, provided that they have been
submitted to working or processing which goes beyond the
insufficient working or processing referred to in Article 7(1).
2. products originating in Lebanon:
(a) products wholly obtained in Lebanon;
(b) products obtained in Lebanon, in the manufacture of which
products other than those referred to in (a) are used, provided
that:
(i) the said products have undergone sufficient working or
processing within the meaning of Article 6 of this Protocol; or that
(ii) those products are originating in Ceuta and Melilla or the
Community within the meaning of this Protocol, provided that they
have been submitted to working or processing which goes beyond the
insufficient working or processing referred to in Article 7(1).
3. The exporter or his authorised representative shall enter
"Lebanon" and "Ceuta and Melilla" in box 2 of movement certificates
EUR.1 or on invoice declarations. In addition, in the case of
products originating in Ceuta and Melilla, this shall be indicated
in box 4 of movement certificates EUR.1 or on invoice declarations.
4. The Spanish customs authorities shall be responsible for the
application of this Protocol in Ceuta and Melilla.
TITLE VIII
FINAL PROVISIONS
Article 38
Amendments to the protocol
The Association Council may decide to amend the provisions of this
Protocol.
Article 39
Implementation of the protocol
The Community and Lebanon shall each take the steps necessary to
implement this Protocol.
Article 40
Goods in transit or storage
The provisions of this Agreement may be applied to goods which
comply with the provisions of this Protocol and which on the date of
entry into force of this Agreement are either in transit or are in
the Community or in Lebanon 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 a certificate EUR.1 issued 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 TO THE LIST IN ANNEX II
Note 1
The list sets out the conditions required for all products to be
considered as sufficiently worked or processed within the meaning of
Article 6 of the Protocol.
Note 2
2.1. The first two columns in the list describe the product
obtained. The first column gives the heading number or chapter
number used in the Harmonised System and the second column gives the
description of goods used in that system for that heading or
chapter. For each entry in the first two columns, a rule is
specified in column 3 or 4. Where, in some cases, the entry in the
first column is preceded by "ex", this signifies that the rules in
column 3 or 4 apply only to the part of that heading as described in
column 2.
2.2. Where several heading numbers are grouped together in column 1
or a chapter number is given and the description of products in
column 2 is therefore given in general terms, the adjacent rules in
column 3 or 4 apply to all products which, under the Harmonised
System, are classified in headings of the chapter or in any of the
headings grouped together in column 1.
2.3. Where there are different rules in the list applying to
different products within a heading, each indent contains the
description of that part of the heading covered by the adjacent
rules in column 3 or 4.
2.4. Where, for an entry in the first two columns, a rule is
specified in both columns 3 and 4, the exporter may opt, as an
alternative, to apply either the rule set out in column 3 or that
set out in column 4. If no origin rule is given in column 4, the
rule set out in column 3 is to be applied.
Note 3
3.1. The provisions of Article 6 of the Protocol, concerning
products having acquired originating status which are used in the
manufacture of other products, shall apply, regardless of whether
this status has been acquired inside the factory where these
products are used or in another factory in the Community or in
Lebanon.
Example
An engine of heading 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 ex 7224.
If this forging has been forged in the Community from a
non-originating ingot, it has already acquired originating status by
virtue of the rule for heading ex 7224 in the list. The forging can
then count as originating in the value-calculation for the engine,
regardless of whether it was produced in the same factory or in
another factory in the Community. The value of the non-originating
ingot is thus not taken into account when adding up the value of the
non-originating materials used.
3.2. The rule in the list represents the minimum amount of working
or processing required, and the carrying-out of more working or
processing also confers originating status; conversely, the
carrying-out of less working or processing cannot confer originating
status. Thus, if a rule provides that non-originating material, at a
certain level of manufacture, may be used, the use of such material
at an earlier stage of manufacture is allowed, and the use of such
material at a later stage is not.
3.3. Without prejudice to note 3.2, where a rule uses the expression
"Manufacture from materials of any heading", then materials of any
heading(s) (even materials of the same description and heading as
the product) may 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 ..." or "Manufacture from
materials of any heading, including other materials of the same
heading as the product" means that materials of any heading(s) may
be used, except those of the same description as the product as
given in column 2 of the list.
3.4. When a rule in the list specifies that a product may be
manufactured from more than one material, this means that one or
more materials may be used. It does not require that all be used.
Example
The rule for fabrics of headings 5208 to 5212 provides that natural
fibres may be used and that chemical materials, among other
materials, may also be used. This does not mean that both have to be
used; it is possible to use one or the other, or both.
3.5. Where a rule in the list specifies that a product must be
manufactured from a particular material, the condition obviously
does not prevent the use of other materials which, because of their
inherent nature, cannot satisfy the rule (see also note 6.2 below in
relation to textiles).
Example
The rule for prepared foods of heading 1904, which specifically
excludes the use of cereals and their derivatives, does not prevent
the use of mineral salts, chemicals and other additives which are
not products from cereals.
However, this does not apply to products which, although they cannot
be manufactured from the particular materials specified in the list,
can be produced from a material of the same nature at an earlier
stage of manufacture.
Example
In the case of an article of apparel of ex chapter 62 made from
non-woven materials, if the use of only non-originating yarn is
allowed for this class of article, it is not possible to start from
non-woven cloth - even if non-woven cloths cannot normally be made
from yarn. In such cases, the starting material would normally be at
the stage before yarn - that is, the fibre stage.
3.6. Where, in a rule in the list, two percentages are given for the
maximum value of non-originating materials that can be used, then
these percentages may not be added together. In other words, the
maximum value of all the non-originating materials used may never
exceed the higher of the percentages given. Furthermore, the
individual percentages must not be exceeded, in relation to the
particular materials to which they apply.
Note 4
4.1. The term "natural fibres" is used in the list to refer to
fibres other than artificial or synthetic fibres. It is restricted
to the stages before spinning takes place, including waste, and,
unless otherwise specified, includes fibres which have been carded,
combed or otherwise processed, but not spun.
4.2. The term "natural fibres" includes horsehair of heading 0503,
silk of headings 5002 and 5003, as well as wool fibres and fine or
coarse animal hair of headings 5101 to 5105, cotton fibres of
headings 5201 to 5203, and other vegetable fibres of headings 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 5501 to 5507.
Note 5
5.1. Where, for a given product in the list, reference is made to
this note, the conditions set out in column 3 shall not be applied
to any basic textile materials used in the manufacture of this
product and which, taken together, represent 10 % or less of the
total weight of all the basic textile materials used (see also notes
5.2. However, the tolerance mentioned in note 5.1 may be applied
only to mixed products which have been made from two or more basic
textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca, ramie and other vegetable textile fibres,
- synthetic man-made filaments,
- artificial man-made filaments,
- current-conducting filaments,
- synthetic man-made staple fibres of polypropylene,
- synthetic man-made staple fibres of polyester,
- synthetic man-made staple fibres of polyamide,
- synthetic man-made staple fibres of polyacrylonitrile,
- synthetic man-made staple fibres of polyimide,
- synthetic man-made staple fibres of polytetrafluoroethylene,
- synthetic man-made staple fibres of poly(phenylene sulphide),
- synthetic man-made staple fibres of poly(vinyl chloride),
- other synthetic man-made staple fibres,
- artificial man-made staple fibres of viscose,
- other artificial man-made staple fibres,
- yarn made of polyurethane segmented with flexible segments of
polyether, whether or not gimped,
- yarn made of polyurethane segmented with flexible segments of
polyester, whether or not gimped,
- products of heading 5605 (metallised yarn) incorporating strip
consisting of a core of aluminium foil or of a core of plastic film
whether or not coated with aluminium powder, of a width not
exceeding 5 mm, sandwiched by means of a transparent or coloured
adhesive between two layers of plastic film,
- other products of heading 5605.
Example
A yarn, of heading 5205, made from cotton fibres of heading 5203 and
synthetic staple fibres of heading 5506, is a mixed yarn. Therefore,
non-originating synthetic staple fibres which do not satisfy the
origin-rules (which require manufacture from chemical materials or
textile pulp) may be used, provided that their total weight does not
exceed 10 % of the weight of the yarn.
Example
A woollen fabric, of heading 5112, made from woollen yarn of heading
5107 and synthetic yarn of staple fibres of heading 5509, is a mixed
fabric. Therefore, synthetic yarn which does not satisfy the origin
rules (which require manufacture from chemical materials or textile
pulp), or woollen yarn which does not satisfy the origin-rules
(which require manufacture from natural fibres, not carded or combed
or otherwise prepared for spinning), or a combination of the two,
may be used, provided that their total weight does not exceed 10 %
of the weight of the fabric.
Example
Tufted textile fabric, of heading 5802, made from cotton yarn of
heading 5205 and cotton fabric of heading 5210, is a only mixed
product if the cotton fabric is itself a mixed fabric made from
yarns classified in two separate headings, or if the cotton yarns
used are themselves mixtures.
Example
If the tufted textile fabric concerned had been made from cotton
yarn of heading 5205 and synthetic fabric of heading 5407, then,
obviously, the yarns used are two separate basic textile materials
and the tufted textile fabric is, accordingly, a mixed product.
5.3. In the case of products incorporating "yarn made of
polyurethane segmented with flexible segments of polyether, whether
or not gimped", this tolerance is 20 % in respect of this yarn.
5.4. In the case of products incorporating "strip consisting of a
core of aluminium foil or of a core of plastic film whether or not
coated with aluminium powder, of a width not exceeding 5 mm,
sandwiched by means of a transparent or coloured adhesive between
two layers of plastic film", this tolerance is 30 % in respect of
this strip.
Note 6
6.1. Where, in the list, reference is made to this note, textile
materials (with the exception of linings and interlinings), which do
not satisfy the rule set out in the list in column 3 for the made-up
product concerned, may be used, provided that they are classified in
a heading other than that of the product and that their value does
not exceed 8 % of the ex-works price of the product.
6.2. Without prejudice to note 6.3, materials, which are not
classified within chapters 50 to 63, may be used freely in the
manufacture of textile products, whether or not they contain
textiles.
Example
If a rule in the list provides that, for a particular textile item
(such as trousers), yarn must be used, this does not prevent the use
of metal items, such as buttons, because buttons are not classified
within chapters 50 to 63. For the same reason, it does not prevent
the use of slide-fasteners, even though slide-fasteners normally
contain textiles.
6.3. Where a percentage rule applies, the value of materials which
are not classified within chapters 50 to 63 must be taken into
account when calculating the value of the non-originating materials
incorporated.
Note 7
7.1. For the purposes of headings 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;
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations:
processing with concentrated sulphuric acid, oleum or sulphuric
anhydride; neutralisation with alkaline agents; decolourisation and
purification with naturally-active earth, activated earth, activated
charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation.
7.2. For the purposes of headings 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 of the following operations:
processing with concentrated sulphuric acid, oleum or sulphuric
anhydride; neutralisation with alkaline agents; decolourisation and
purification with naturally-active earth, activated earth, activated
charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(ij) isomerisation;
(k) in respect of heavy oils of heading ex 2710 only,
desulphurisation with hydrogen, resulting in a reduction of at least
85 % of the sulphur-content of the products processed (ASTM D
1266-59 T method);
(l) in respect of products of heading 2710 only, deparaffining by a
process other than filtering;
(m) in respect of heavy oils of heading 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 ex 2710 (e.g. hydrofinishing or
decolourisation), in order, more especially, to improve colour or
stability shall not, however, be deemed to be a specific process;
(n) in respect of fuel oils of heading ex 2710 only, atmospheric
distillation, on condition that less than 30 % of these products
distils, by volume, including losses, at 300 °C, by the ASTM D 86
method;
(o) in respect of heavy oils other than gas oils and fuel oils of
heading ex 2710 only, treatment by means of a high-frequency
electrical brush discharge;
(p) in respect of crude products (other than petroleum jelly,
ozokerite, lignite wax or peat wax, paraffin wax containing by
weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling
by fractional crystallisation.
7.3. For the purposes of headings ex 2707, 2713 to 2715, ex 2901, ex
2902 and ex 3403, simple operations, such as cleaning, decanting,
desalting, water separation, filtering, colouring, marking,
obtaining a sulphur content as a result of mixing products with
different sulphur contents, or any combination of these operations
or like operations, do not confer origin.
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
The products mentioned in the list may not be all covered by the
Agreement. It is, therefore, necessary to consult the other parts of
the Agreement.
>TABLE POSITION>
ANNEX IIA
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON
NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCTS MANUFACTURED
REFERRED TO IN ARTICLE 6(2) CAN OBTAIN ORIGINATING STATUS
>TABLE POSITION>
ANNEX III
LIST OF PRODUCTS ORIGINATING IN TURKEY TO WHICH THE PROVISIONS OF
ARTICLE 4 DO NOT APPLY, LISTED IN THE ORDER OF HS CHAPTERS AND
HEADINGS
>TABLE POSITION>
ANNEX IV
SPECIMENS OF MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A
MOVEMENT CERTIFICATE EUR.1
Printing instructions
1. Each form shall measure 210 x 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/m2. It shall have a printed green
guilloche pattern background making any falsification by mechanical
or chemical means apparent to the eye.
2. The competent authorities of the Member States of the Community
and of Lebanon may reserve the right to print the forms themselves
or may have them printed by approved printers. In the latter case,
each form must include a reference to such approval. Each form must
bear the name and address of the printer or a mark by which the
printer can be identified. It shall also bear a serial number,
either printed or not, by which it can be identified.
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ANNEX V
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ANNEX VI
JOINT DECLARATIONS
Joint Declaration on the transitional period concerning the issuing
or making out of documents relating to the proof of origin
1. During 12 months following the entry into force of this
Agreement, the competent customs authorities of the Community and of
Lebanon shall accept as valid proof of origin within the meaning of
Protocol 4, movement certificates EUR.1 and EUR.2 forms, issued
within the context of the Cooperation Agreement signed on 3 May
2. Requests for subsequent verification of documents referred to
above shall be accepted by the competent customs authorities of the
Community and of Lebanon for a period of two years after the issuing
and making out of the proof of origin concerned. These verifications
shall be carried out in accordance with Title VI of Protocol 4 to
this Agreement.
Joint Declaration concerning the Principality of Andorra
1. Products originating in the Principality of Andorra falling
within Chapters 25 to 97 of the Harmonised System shall be accepted
by Lebanon as originating in the Community within the meaning of
this Agreement.
2. Protocol 4 shall apply mutatis mutandis for the purpose of
defining the originating status of the abovementioned products.
Joint Declaration concerning the Republic of San Marino
1. Products originating in the Republic of San Marino shall be
accepted by Lebanon as originating in the Community within the
meaning of this Agreement.
2. Protocol 4 shall apply mutatis mutandis for the purpose of
defining the originating status of the abovementioned products.
PROTOCOL 5
on mutual administrative assistance in customs matters
Article 1
Definitions
For the purposes of this Protocol:
(a) "customs legislation" shall mean any legal or regulatory
provisions adopted by the Community or Lebanon governing the import,
export and transit of goods and their placing under any other
customs regime or procedure, including measures of prohibition,
restriction and control;
(b) "applicant authority" shall mean a competent administrative
authority which has been designated by a Contracting Party for this
purpose and which makes a request for assistance on the basis of
this Protocol;
(c) "requested authority" shall mean a competent administrative
authority which has been designated by a Contracting Party for this
purpose and which receives a request for assistance on the basis of
this Protocol;
(d) "personal data" shall mean all information relating to an
identified or identifiable individual;
(e) "operation in breach of customs legislation" shall mean any
violation or attempted violation of customs legislation.
Article 2
Scope
1. The Contracting Parties shall assist each other, in the areas
within their competence, in the manner and under the conditions laid
down in this Protocol, to ensure the correct application of the
customs legislation, in particular by preventing, investigating and
combating operations in breach of that legislation.
2. Assistance in customs matters, as provided for in this Protocol,
shall apply to any administrative authority of the Contracting
Parties which is competent for the application of this Protocol. It
shall not prejudice the rules governing mutual assistance in
criminal matters. Nor shall it cover information obtained under
powers exercised at the request of a judicial authority, except
where communication of such information is authorised by that
authority.
3. Assistance to recover duties, taxes or fines is not covered by
this Protocol.
Article 3
Assistance on request
1. At the request of the applicant authority, the requested
authority shall provide it with all relevant information which may
enable it to ensure that customs legislation is correctly applied,
including information regarding activities noted or planned which
are or could be operations in breach of customs legislation.
2. At the request of the applicant authority, the requested
authority shall inform it:
(a) whether goods exported from the territory of one of the
Contracting Parties have been properly imported into the territory
of the other Contracting Party, specifying, where appropriate, the
customs procedure applied to the goods;
(b) whether goods imported into the territory of one of the
Contracting Parties have been properly exported from the territory
of the other Party, specifying, where appropriate, the customs
procedure applied to the goods.
3. At the request of the applicant authority, the requested
authority shall, within the framework of its legal or regulatory
provisions, take the necessary steps to ensure special surveillance
of:
(a) natural or legal persons in respect of whom there are reasonable
grounds for believing that they are or have been involved in
operations in breach of customs legislation;
(b) places where stocks of goods have been or may be assembled in
such a way that there are reasonable grounds for believing that
these goods are intended to be used in operations in breach of
customs legislation;
(c) goods that are or may be transported in such a way that there
are reasonable grounds for believing that they are intended to be
used in operations in breach of customs legislation;
(d) means of transport that are or may be used in such a way that
there are reasonable grounds for believing that they are intended to
be used in operations in breach of customs legislation.
Article 4
Spontaneous assistance
The Contracting Parties shall assist each other, at their own
initiative and in accordance with their legal or regulatory
provisions, if they consider that to be necessary for the correct
application of customs legislation, particularly by providing
information obtained pertaining to:
- activities which are or appear to be operations in breach of
customs legislation and which may be of interest to the other
Contracting Party,
- new means or methods employed in carrying out operations in breach
of customs legislation,
- goods known to be subject to operations in breach of customs
legislation,
- natural or legal persons in respect of whom there are reasonable
grounds for believing that they are or have been involved in
operations in breach of customs legislation,
- means of transport in respect of which there are reasonable
grounds for believing that they have been, are, or may be used in
operations in breach of customs legislation.
Article 5
Delivery/Notification
At the request of the applicant authority, the requested authority
shall, in accordance with legal or regulatory provisions applicable
to the latter, take all necessary measures in order:
- to deliver any documents, or
- to notify any decisions,
emanating from the applicant authority and falling within the scope
of this Protocol, to an addressee residing or established in the
territory of the requested authority.
Requests for delivery of documents or notification of decisions
shall be made in writing in an official language of the requested
authority or in a language acceptable to that authority.
Article 6
Form and substance of requests for assistance
1. Requests pursuant to this Protocol shall be made in writing. They
shall be accompanied by the documents necessary to enable compliance
with the request. When required because of the urgency of the
situation, oral requests may be accepted, but must be confirmed in
writing immediately.
2. Requests pursuant to paragraph 1 shall include the following
information:
(a) the applicant authority;
(b) the measure requested;
(c) the object of and the reason for the request;
(d) the legal or regulatory provisions and other legal elements
involved;
(e) indications as exact and comprehensive as possible on the
natural or legal persons who are the target of the investigations;
(f) a summary of the relevant facts and of the enquiries already
carried out.
3. Requests shall be submitted in an official language of the
requested authority or in a language acceptable to that authority.
This requirement shall not apply to any documents that accompany the
request under paragraph 1.
4. If a request does not meet the formal requirements set out above,
its correction or completion may be requested; in the meantime
precautionary measures may be ordered.
Article 7
Execution of requests
1. In order to comply with a request for assistance, the requested
authority shall proceed, within the limits of its competence and
available resources, as though it were acting on its own account or
at the request of other authorities of that same Contracting Party,
by supplying information already possessed, by carrying out
appropriate enquiries or by arranging for them to be carried out.
This provision shall also apply to any other authority to which the
request has been addressed by the requested authority when the
latter cannot act on its own.
2. Requests for assistance shall be executed in accordance with the
legal or regulatory provisions of the requested Contracting Party.
3. Duly authorised officials of a Contracting Party may, with the
agreement of the other Contracting Party and subject to the
conditions laid down by the latter, be present to obtain in the
offices of the requested authority or any other concerned authority
in accordance with paragraph 1, information relating to activities
that are or may be operations in breach of customs legislation which
the applicant authority needs for the purposes of this Protocol.
4. Duly authorised officials of a Contracting Party may, with the
agreement of the other Contracting Party and subject to the
conditions laid down by the latter, be present at enquiries carried
out in the latter's territory.
Article 8
Form in which information is to be communicated
1. The requested authority shall communicate results of enquiries to
the applicant authority in writing together with relevant documents,
certified copies or other items.
3. Original documents shall be transmitted only upon request in
cases where certified copies would be insufficient. These originals
shall be returned at the earliest opportunity.
Article 9
Exceptions to the obligation to provide assistance
1. Assistance may be refused or may be subject to the satisfaction
of certain conditions or requirements, in cases where a Party is of
the opinion that assistance under this Protocol would:
(a) be likely to prejudice the sovereignty of Lebanon or that of a
Member State which has been requested to provide assistance under
this Protocol; or
(b) be likely to prejudice public policy, security or other
essential interests, in particular in the cases referred to under
Article 10(2); or
(c) violate an industrial, commercial or professional secret.
2. Assistance may be postponed by the requested authority on the
ground that it will interfere with an ongoing investigation,
prosecution or proceeding. In such a case, the requested authority
shall consult with the applicant authority to determine if
assistance can be given subject to such terms or conditions as the
requested authority may require.
3. Where the applicant authority seeks assistance which it would
itself be unable to provide if so requested, it shall draw attention
to that fact in its request. It shall then be for the requested
authority to decide how to respond to such a request.
4. For the cases referred to in paragraphs 1 and 2, the decision of
the requested authority and the reasons therefor must be
communicated to the applicant authority without delay.
Article 10
Information exchange and confidentiality
1. Any information communicated in whatsoever form pursuant to this
Protocol shall be of a confidential or restricted nature, depending
on the rules applicable in each of the Contracting Parties. It shall
be covered by the obligation of official secrecy and shall enjoy the
protection extended to similar information under the relevant laws
of the Contracting Party that received it and the corresponding
provisions applying to the Community authorities.
2. Personal data may be exchanged only where the Contracting Party
which may receive it undertakes to protect such data in at least an
equivalent way to the one applicable to that particular case in the
Contracting Party that may supply it. To that end, contracting
parties shall communicate to each other information on their
applicable rules, including, where appropriate, legal provisions in
force in the Member States of the Community.
3. The use, in judicial or administrative proceedings instituted in
respect of operations in breach of customs legislation, of
information obtained under this Protocol, is considered to be for
the purposes of this Protocol. Therefore, the Contracting Parties
may, in their records of evidence, reports and testimonies and in
proceedings and charges brought before the courts, use as evidence
information obtained and documents consulted in accordance with the
provisions of this Protocol. The competent authority which supplied
that information or gave access to those documents shall be notified
of such use.
4. Information obtained shall be used solely for the purposes of
this Protocol. Where one of the Contracting Parties wishes to use
such information for other purposes, it shall obtain the prior
written consent of the authority which provided the information.
Such use shall then be subject to any restrictions laid down by that
authority.
Article 11
Experts and witnesses
An official of a requested authority may be authorised to appear,
within the limitations of the authorisation granted, as an expert or
witness in judicial or administrative proceedings regarding the
matters covered by this Protocol, and produce such objects,
documents or certified copies thereof, as may be needed for the
proceedings. The request for appearance must indicate specifically
before which judicial or administrative authority the official will
have to appear, on what matters and by virtue of what title or
qualification the official will be questioned.
Article 12
Assistance expenses
The Contracting Parties shall waive all claims on each other for the
reimbursement of expenses incurred pursuant to this Protocol,
except, as appropriate, for expenses to experts and witnesses, and
those to interpreters and translators who are not public service
employees.
Article 13
Implementation
1. The implementation of this Protocol shall be entrusted on the one
hand to the customs authorities of Lebanon and on the other hand to
the competent services of the Commission of the European Communities
and the customs authorities of the Member States as appropriate.
They shall decide on all practical measures and arrangements
necessary for its application, taking into consideration the rules
in force in particular in the field of data protection. They may
recommend to the competent bodies amendments which they consider
should be made to this Protocol.
2. The Contracting Parties shall consult each other and subsequently
keep each other informed of the detailed rules of implementation
which are adopted in accordance with the provisions of this
Protocol.
Article 14
Other agreements
1. Taking into account the respective competencies of the European
Community and the Member States, the provisions of this Protocol
shall:
- not affect the obligations of the Contracting Parties under any
other international agreement or convention,
- be deemed complementary to agreements on mutual assistance which
have been or may be concluded between individual Member States and
Lebanon, and
- not affect the Community provisions governing the communication
between the competent services of the Commission of the European
Communities and the customs authorities of the Member States of any
information obtained under this Protocol which could be of interest
to the Community.
2. Notwithstanding the provisions of paragraph 1, the provisions of
this Protocol shall take precedence over the provisions of any
bilateral agreement on mutual assistance which has been or may be
concluded between individual Member States and Lebanon in so far as
the provisions of the latter are incompatible with those of this
Protocol.
3. In respect of questions relating to the applicability of this
Protocol, the Contracting Parties shall consult each other to
resolve the matter in the framework of the (ad hoc Committee) set up
by the Association Council under Article 12 of the Association
Agreement.
Final act
The Plenipotentiaries of THE EUROPEAN COMMUNITY, hereinafter
referred to as "the Community",
of the one part, and
the Plenipotentiaries of THE REPUBLIC OF LEBANON, hereinafter
referred to as "Lebanon",
of the other part,
meeting in Luxembourg on the seventeenth of June, two thousand and
two for the signature of the Interim Agreement on trade and
trade-related matters between the European Community, of the one
part, and the Republic of Lebanon, of the other part, hereinafter
referred to as "the Interim Agreement",
have at the time of signature adopted the following texts:
the Interim Agreement,
its Annexes 1 and 2, namely:
>TABLE POSITION>
and Protocols 1 to 5, namely:
>TABLE POSITION>
The Plenipotentiaries of the Community and the Plenipotentiaries of
Lebanon have also adopted the following Declarations attached to
this Final Act:
JOINT DECLARATIONS
Joint Declaration relating to Article 9 of the Interim Agreement
(aa14)
Joint Declaration relating to Article 23 of the Interim Agreement
(aa27)
Joint Declaration relating to Article 24 of the Interim Agreement
(aa28)
Joint Declaration relating to Article 27 of the Interim Agreement
(aa35)
Joint Declaration relating to Article 30 of the Interim Agreement
(aa38)
Joint Declaration relating to Article 37 of the Interim Agreement
(aa86)
DECLARATIONS BY THE EUROPEAN COMMUNITY
Declaration by the European Community on Turkey
Declaration by the European Community relating to Article 27 of the
Interim Agreement (aa35)
Hecho en Luxemburgo, el diecisiete de junio de dos mil
dos./Udfördiget i Luxembourg den syttende juni to tusind og
to./Geschehen zu Luxemburg am siebzehnten Juni
zweitausendzwei./>ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ ōąśń õŠĮĄ
É˙įżč˙į ōž˙ šłūłĄōõĖ ōž˙./>ISO_1>Done at Luxembourg, on the
seventeenth day of June in the year two thousand and two./Fait š
Luxembourg, le dix-sept juin deux mille deux./Fatto a Lussemburgo,
addü diciassette giugno duemiladue./Gedaan te Luxemburg, de
zeventiende juni tweeduizend en twee./Feito no Luxemburgo, em
dezassete de Junho do dois mil e dois./Tehty Luxemburgissa
seitsemōntenōtoista pōivōnō kesōkuuta vuonna kaksituhattakaksi./Som
skedde i Luxemburg den sjuttonde juni tjugohundratvõ./
>PIC FILE= "L_2002262EN.018101.TIF">
Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die
Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ
Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł
europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela
Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska
gemenskapens vōgnar
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JOINT DECLARATIONS
Joint Declaration relating to Article 9 of the Interim Agreement
(aa14)
Both Parties agree to negotiate with a view to granting each other
concessions in the trade of fish and fishery products on the basis
of reciprocity and mutual interest, with the objective of reaching
agreement on the details no later than two years after the signature
of this Agreement.
Joint Declaration relating to Article 23 of the Interim Agreement
(aa27)
The Parties confirm their intention to prohibit the export of toxic
waste and the European Community confirms its intention to assist
Lebanon in seeking solutions to the problems posed by such waste.
Joint Declaration relating to Article 24 of the Interim Agreement
(aa28)
In order to take account of the timescale necessary for setting up
the free trade areas between Lebanon and the other Mediterranean
countries, the Community undertakes to give favourable consideration
to requests presented to it for anticipated application of the
diagonal cumulation with those countries.
Joint Declaration relating to Article 27 of the Interim Agreement
(aa35)
The implementation of cooperation mentioned in Article 27(2) is
conditional upon the entry into force of a Lebanese competition law
and of the taking up of the duties of the authority responsible for
its application.
Joint Declaration relating to Article 30 of the Interim Agreement
(aa38)
The Parties agree that for the purpose of the Agreement,
intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer programs,
and neighbouring rights, the rights relating to databases, the
rights relating to patents, industrial designs, geographical
indications, including designations of origin, trademarks and
service marks, topographies of integrated circuits, as well as
protection against unfair competition as referred to in Article 10a
of the Paris Convention for the Protection of Industrial Property
and protection of undisclosed information on know-how.
The provisions of Article 30 shall not be interpreted in a manner to
oblige either Party to accede to international conventions other
than those referred to in Annex 2.
The Community will grant technical assistance to the Lebanese
Republic in its endeavour to comply with its obligations under
Article 30.
Joint Declaration relating to Article 37 of the Interim Agreement
(aa86)
(a) The Parties agree, for the purposes of the correct
interpretation and practical application of this Agreement, that the
term "cases of special urgency" in Article 37 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 element of the Agreement, namely its
Article 1.
(b) The Parties agree that the "appropriate measures" referred to in
Article 37 are measures taken in accordance with international law.
If a Party takes a measure in a case of special urgency as provided
for under Article 37, the other Party may avail itself of the
procedure relating to settlement of disputes.
DECLARATIONS BY THE EUROPEAN COMMUNITY
Declaration by the European Community on Turkey
The Community recalls that according to the customs union in force
between the Community and Turkey, this country has the obligation,
in relation to countries which are not members of the Community, to
align itself on the Common Customs Tariff and, progressively, with
the preferential customs regime of the Community, taking the
necessary measures and negotiating agreements on mutually
advantageous basis with the countries concerned. Consequently, the Community invites Lebanon to enter into negotiations with Turkey as
soon as possible.
Declaration by the European Community relating to Article 27 of the
Interim Agreement
(aa35)
The European Community declares that, in the context of the
interpretation of Article 27(1), it will assess any practice
contrary to that article on the basis of the criteria resulting from
the rules contained in Articles 81 and 82 of the Treaty establishing
the European Community, including secondary legislation.