21997A0716(01)
Euro-Mediterranean Interim Association Agreement on trade and
cooperation between the European Community, of the one part, and the
Palestine Liberation Organization (PLO) for the benefit of the
Palestinian Authority of the West Bank and the Gaza Strip, of the
other part - Protocol 1 on the arrangements applying to imports into
the Community of agricultural products originating in the West Bank
and the Gaza Strip - Protocol 2 on the arrangements applying to
imports into the West Bank and the Gaza Strip of agricultural
products originating in the Community - Protocol 3 concerning the
definition of the concept of 'originating products' and methods of
administrative cooperation - Final Act - Joint Declarations -
Declaration by the European Community
Dates:
OF DOCUMENT: 02/06/1997
OF EFFECT: 01/07/1997; ENTRY INTO FORCE SEE ART 75 AND OJ L
187/97 P. 136
OF SIGNATURE: 24/02/1997; BRUSSELS
OF END OF VALIDITY: 99/99/9999
Authentic language: THE OFFICIAL LANGUAGES ; GERMAN ; ENGLISH ;
DANISH ; SPANISH ; FINNISH ; FRENCH ; GREEK ; ITALIAN ; DUTCH ;
PORTUGUESE ; SWEDISH ; OTHER THAN COMMUNITY LANGUAGE ; ARABIC
Author:
EUROPEAN COMMUNITY
Subject matter: EXTERNAL RELATIONS ; ASSOCIATION ; COMMERCIAL POLICY
; DEVELOPMENT COOPERATION
Directory code: 11402000 ; 11704000
EUROVOC descriptor: association agreement ; cooperation agreement ;
trade agreement ; European Community ; EC interim agreement ; PLO
Legal basis:
192E113................... ADOPTION
192E130Y.................. ADOPTION
192E228-P2F1.............. ADOPTION
192E228-P3L2.............. ADOPTION
Instruments cited:
391R1911..................
192E042...................
192E043...................
362R0026..................
157EN02...................
279A0412(07)..............
294A1223(01)..............
Amended by:
ADOPTED-BY.... 397D0430..........
EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT on trade and
cooperation between the European Community, of the one part, and the
Palestine Liberation Organization (PLO) for the benefit of the
Palestinian Authority of the West Bank and the Gaza Strip, of the
other part
The EUROPEAN COMMUNITY,
hereinafter referred to as 'the Community`,
of the one part,
and the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIT OF
THE PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP,
hereinafter referred to as 'the Palestinian Authority`,
of the other part,
CONSIDERING the importance of the existing links between the
Community and the Palestinian people of the West Bank and the Gaza
Strip, and the common values that they share,
CONSIDERING that the Community and the PLO wish to strengthen those
links and to establish lasting relations based on partnership and
reciprocity,
CONSIDERING the importance which the Parties attach to the
principles of the United Nations Charter, particularly the
observance of human rights, democratic principles and political and
economic freedoms which form the very basis of their relations,
DESIROUS of strengthening the framework of relations between the
European Community and the Middle East, and of regional economic
integration of the Middle Eastern countries as an objective to be
achieved as soon as conditions permit,
CONSIDERING the difference in economic and social development
existing between the Parties and the need to intensify existing
efforts to promote economic and social development in the West Bank
and the Gaza Strip,
DESIROUS of establishing a cooperation, supported by a regular
dialogue, on economic, cultural, scientific and educational matters
with a view to improving mutual knowledge and understanding,
CONSIDERING the commitment of the Parties to free trade, and in
particular to compliance with the provisions of the General
Agreement on Tariffs and Trade of 1994,
DESIROUS of building on the existing autonomous trade arrangements
between the Parties and placing them on a contractual and reciprocal
basis,
CONVINCED of the need to promote the creation of a new climate for
their economic relations in order to improve the environment for
investment flows,
CONSIDERING the rights and obligations of the parties under the
international agreements which they have signed,
CONVINCED that the full participation of the Palestinian Authority
in the Euro-Mediterranean Partnership launched at the Barcelona
Conference is an important step in the normalization of relations
between the Parties, which should be reflected in an Agreement on an
interim basis at the present stage,
AWARE of the major political significance of the holding of
Palestinian elections on 20 January 1996 for the process leading to
a permanent settlement based on United Nations Security Council
Resolutions 242 and 338,
RECOGNIZING that this Agreement should be replaced by a
Euro-Mediterranean Association Agreement as soon as conditions
permit,
HAVE AGREED AS FOLLOWS:
Article 1
1. An Interim Association on Trade and Cooperation is hereby
established between the Community and the Palestinian Authority.
2. The objectives of this Agreement are:
- to provide an appropriate framework for a comprehensive dialogue,
allowing the development of close relations between the Parties,
- to establish the conditions for the progressive liberalization of
trade,
- to foster the development of balanced economic and social
relations between the Parties through dialogue and cooperation,
- to contribute to the social and economic development of the West
Bank and Gaza Strip,
- to encourage regional cooperation with a view to the consolidation
of peaceful coexistence and economic and political stability,
- to promote cooperation in other areas which are of reciprocal
interest.
Article 2
Relations between the Parties, as well as all the provisions of the
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 I FREE MOVEMENT OF GOODS
BASIC PRINCIPLES
Article 3
The Community and the Palestinian Authority shall establish
progressively a free trade area over a transitional period, not
extending beyond 31 December 2001, 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 Organization (WTO), hereinafter
referred to as the GATT.
CHAPTER 1 INDUSTRIAL PRODUCTS
Article 4
The provisions of this Chapter shall apply to products originating
in the Community and in the West Bank and the Gaza Strip other than
those listed in Annex II to the Treaty establishing the European
Community.
Article 5
No new customs duty on imports, or any other charge having
equivalent effect, shall be introduced on trade between the
Community and the West Bank and Gaza Strip.
Article 6
Imports into the Community of products originating in the West Bank
and the Gaza Strip shall be allowed free of customs duties and of
any other charge having equivalent effect and free of quantitative
restrictions and of any other measure having equivalent effect.
Article 7
1. The provisions of this Chapter do not preclude the retention by
the Community of an agricultural component in respect of goods
originating in the West Bank and the Gaza Strip and listed in Annex
1.
The provisions of Chapter 2 applicable to agricultural products
shall apply mutatis mutandis to the agricultural component.
2. For the products listed in Annex 2 originating in the Community,
the Palestinian Authority may retain for the duration of the
Agreement customs duties on import and charges having equivalent
effect not higher than those in force on 1 July 1996.
3. The Joint Committee established under Article 63 may decide on
further concessions which the parties grant each other on a mutual
basis.
Article 8
1. Customs duties and charges having equivalent effect applicable on
import into the West Bank and the Gaza Strip of products originating
in the Community, other than those listed in Annexes 2 and 3, shall
be abolished when the Agreement enters into force.
2. From the entry into force of the Agreement, for the products
originating in the Community listed in Annex 3 imported into the
West Bank and the Gaza Strip, the Palestinian Authority may levy
fiscal charges not exceeding 25 % by value. These charges shall be
gradually abolished in accordance with the following schedule:
one year after the date of entry into force of this Agreement, each
charge shall be reduced to 90 % of the basic charge;
two years after the date of entry into force of this Agreement, each
charge shall be reduced to 80 % of the basic charge;
three years after the date of entry into force of this Agreement,
each charge shall be reduced to 70 % of the basic charge;
four years after the date of entry into force of this Agreement,
each charge shall be reduced to 60 % of the basic charge;
five years after the date of entry into force of this Agreement,
each remaining charge shall be abolished.
3. In the event of serious difficulties for a given product, the
schedule referred to in paragraph 2 may be reviewed by the Joint
Committee by common accord, on the understanding that it may not be
suspended beyond the maximum transitional period of five years. If
the Joint Committee has not taken a decision within 30 days of its
application to review the schedule, the Palestinian Authority may
suspend the schedule provisionally for a period which may not exceed
one year.
4. If the charge is reduced erga omnes, the reduced charge shall
replace the basic charge described in paragraph 2 from the date on
which the reduction is applied.
5. The Palestinian Authority shall notify the Community of its basic
duties and charges.
Article 9
The provisions concerning the abolition of customs duties on imports
shall also apply to customs duties of a fiscal nature.
Article 10
1. By way of derogation from Articles 5 and 8, the Palestinian
Authority may take exceptional measures of limited duration to
introduce, increase or re-introduce customs duties.
2. Such measures may only apply to infant industries and to sectors
undergoing restructuring or experiencing serious difficulties,
particularly where those difficulties entail severe social problems.
3. Customs duties on imports into the West Bank and the Gaza Strip
of products originating in the Community that are introduced by such
exceptional measures may not exceed 25 % by value, and must retain a
preferential margin for products originating in the Community. The
total value of imports of the products subjected to such measures
may not exceed 15 % of total imports of industrial products
originating in the Community during the last year for which
statistics are available.
4. Such measures shall be applied for no longer than five years,
except where a longer duration is authorized by the Joint Committee.
5. The Palestinian Authority shall inform the Joint Committee of any
exceptional measures it intends to adopt and, at the Community's
request, consultations shall be held on the measures and sectors
concerned before they are implemented. When adopting such measures,
the Palestinian Authority shall provide the Committee with a
schedule for the abolition of the customs duties introduced pursuant
to this Article. Such schedules shall provide for the phasing out of
the duties concerned by equal annual instalments, starting no later
than the end of the second year following their introduction. The
Joint Committee may decide on a different schedule.
CHAPTER 2 AGRICULTURAL AND FISHERY PRODUCTS
Article 11
The provisions of this Chapter shall apply to products originating
in the Community and the West Bank and the Gaza Strip and listed in
Annex II to the Treaty establishing the European Community.
Article 12
The Community and the Palestinian Authority shall progressively
establish a greater liberalization of their trade in agricultural
and fishery products of interest to both Parties.
Article 13
1. Agricultural products originating in the West Bank and the Gaza
Strip listed in Protocol 1 on importation into the Community shall
be subject to the arrangements set out in that Protocol.
2. Agricultural products originating in the Community listed in
Protocol 2 on importation into the West Bank and the Gaza Strip
shall be subject to the arrangements set out in that Protocol.
Article 14
1. From 1 January 1999, the Community and the Palestinian Authority
shall examine the situation in order to determine the measures to be
applied by the Community and the Palestinian Authority from 1
January 2000, in accordance with the objective set out in Article
2. Without prejudice to paragraph 1 and taking account of the volume
of trade in agricultural products between the Parties and of the
particular sensitivity of such products, the Community and the
Palestinian Authority shall examine in the Joint Committee, product
by product and on an orderly and reciprocal basis, the possibility
of granting each other further concessions.
CHAPTER 3 COMMON PROVISIONS
Article 15
1. No new quantitative restriction on imports or measures having
equivalent effect shall be introduced in trade between the Community
and the West Bank and Gaza Strip.
2. Quantitative restrictions on imports and measures having
equivalent effect in trade between the Community and the West Bank
and Gaza Strip shall be abolished from the entry into force of this
Agreement.
3. The Community and the Palestinian Authority shall not apply to
exports between themselves either customs duties or charges having
equivalent effect, or quantitative restrictions or measures having
equivalent effect.
Article 16
1. Products originating in the West Bank and the Gaza Strip shall
not, on importation into the Community, be accorded a treatment more
favourable than that which the Member States apply among themselves.
2. Application of the provisions of this Agreement shall be without
prejudice to Council Regulation (EEC) No 1911/91 of 26 June 1991 on
the application of the provision of Community law to the Canary
Islands.
Article 17
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. In such cases the Party concerned shall inform the Joint
Committee. At the request of the other Party, the Joint Committee
shall meet to take due account of the interests of the other Party.
3. If the Community or the Palestinian Authority, 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. The application of this Article may be the subject of
consultations in the Joint Committee.
Article 18
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 19
1. The Agreement shall not preclude the maintenance or establishment
of customs unions, free trade areas or arrangements for frontier
trade, except insofar as they alter the trade arrangements provided
for in this Agreement.
2. Consultation between the Parties shall take place within the
Joint Committee concerning agreements establishing customs unions or
free trade areas and, where requested, on other major issues related
to their respective trade policy with third countries. In
particular, in the event of a third country acceding to the European
Union, such consultation shall take place so as to ensure that
account can be taken of the mutual interests of this Parties.
Article 20
If one of the Parties finds that dumping is taking place in trade
with the other Party within the meaning of Article VI of GATT, it
may take appropriate measures against this practice in accordance
with the Agreement on implementation of Article VI of the GATT and
with its relevant internal legislation, under the conditions and in
accordance with the procedures laid down in Article 23 of this
Agreement.
Article 21
Where any product is being imported in such increased quantities and
under such conditions as to cause or threaten to cause:
- serious injury to domestic producers of like or directly
competitive products in the territory of one of the Parties, or
- serious disturbances in any sector of the economy, or
- difficulties which could bring about serious deterioration in the
economic situation of a region,
the Party concerned may take appropriate measures under the
conditions and in accordance with the procedures laid down in
Article 23.
Article 22
Where compliance with the provisions of Article 15 (3) leads to:
(i) re-export towards a third country against which the exporting
Party maintains, for the product concerned, quantitative export
restrictions, export duties, or measures having equivalent effect,
or
(ii) a serious shortage, or threat thereof, of a product essential
to the exporting Party;
and where the situations referred to above give rise, or are likely
to give rise to major difficulties for the exporting Party, that
Party may take appropriate measures under the conditions and in
accordance with the procedures laid down in Article 23. The measures
shall be non-discriminatory and be eliminated when conditions no
longer justify their maintenance.
Article 23
1. In the event of the Community or the Palestinian Authority
subjecting imports of products liable to give rise to the
difficulties referred to in Article 21 to an administrative
procedure, the purpose of which is to provide rapid information on
the trend of trade flows, it shall inform the other Party.
2. In the cases specified in Articles 20, 21 and 22, before taking
the measures provided for therein, or, as soon as possible in cases
to which paragraph 3 (d) of this Article applies, the Party in
question shall supply the Joint Committee with all relevant
information required for a thorough examination of the situation
with a view to seeking a solution acceptable to the Parties.
In the selection of appropriate measures, priority must be given to
those which least disturb the functioning of the Agreement.
The safeguard measures shall be notified immediately to the Joint
Committee and shall be the subject of periodic consultations within
that Committee, particularly with a view to their abolition as soon
as circumstances permit.
3. For the implementation of paragraph 2, the following provisions
shall apply:
(a) As regards Article 20, the exporting Party shall be informed of
the dumping case as soon as the authorities of the importing Party
have initiated an investigation. When no end has been put to the
dumping within the meaning of Article VI of GATT or no other
satisfactory solution has been reached within 30 days of the
notification being made, the importing Party may adopt the
appropriate measures.
(b) As regards Article 21, the difficulties arising from the
situation referred to in that Article shall be referred for
examination to the Joint Committee, which may take any decision
needed to put an end to such difficulties.
If the Joint Committee or the exporting Party has not taken a
decision putting an end to the difficulties or no other satisfactory
solution has been reached within 30 days of the matter being
referred, the importing Party may adopt the appropriate measures to
remedy the problem. These measures shall not exceed the scope of
what is necessary to remedy the difficulties which have arisen.
(c) As regards Article 22, the difficulties arising from the
situations referred to in that Article shall be referred for
examination to the Joint Committee.
The Committee may take any decision needed to put an end to the
difficulties. If it has not taken such a decision within 30 days of
the matter being referred to it, the exporting Party may apply
appropriate measures on the exportation of the product concerned.
(d) Where exceptional circumstances requiring immediate action make
prior information or examination, as the case may be, impossible,
the Party concerned may, in the situations specified in Articles 20,
21 and 22 apply forthwith such precautionary measures as are
strictly necessary to remedy the situation, and shall inform the
other Party immediately.
Article 24
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 possessing artistic, historic or
archaeological value, of the protection of intellectual, industrial
and commercial property or of regulations concerning gold and
silver. Such prohibitions or restrictions shall not, however,
constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Parties.
Article 25
The concept of 'originating products` for the application of the
provisions of the present Title and the methods of administrative
cooperation relating to them are set out in Protocol 3. The Joint
Committee may decide to make the necessary adaptations to this
Protocol with a view to the implementation of cumulation of origin
as agreed in the Declaration adopted at the Barcelona Conference.
Article 26
The combined nomenclature shall be used for the classification of
goods in the trade between the Parties.
TITLE II PAYMENTS, CAPITAL, COMPETITION, INTELLECTUAL PROPERTY AND
PUBLIC PROCUREMENT
CHAPTER 1 CURRENT PAYMENTS AND MOVEMENT OF CAPITAL
Article 27
Subject to the provisions of Article 29, the Parties undertake to
impose no restrictions on any current payments for current
transactions.
Article 28
1. With regard to transactions on the capital account of balance of
payments, the Parties undertake to impose no restrictions on the
movement of capital relating to direct investments in the West Bank
and Gaza Strip in companies formed in accordance with current laws,
nor on the liquidation and repatriation of the yield from such
investments, or any profit stemming therefrom.
2. The Parties shall consult each other with a view to facilitating
the movement of capital between the Community and the West Bank and
Gaza Strip.
Article 29
Where one or more Member States of the Community, or the Palestinian
Authority, is in serious balance of payments difficulties, or under
threat thereof, the Community or the Palestinian Authority, as the
case may be, may, in accordance with the conditions established
under the GATT and Articles VIII and XIV of the Articles of
Agreement of the International Monetary Fund, adopt restrictions on
current transactions which shall be of limited duration and may not
go beyond what is necessary to remedy the balance of payments
situation. The Community or the Palestinian Authority, as the case
may be, shall inform the other Party forthwith and shall submit to
it as soon as possible a timetable for the elimination of the
measures concerned.
CHAPTER 2 COMPETITION, INTELLECTUAL PROPERTY AND PUBLIC PROCUREMENT
Article 30
1. The following are incompatible with the proper functioning of the
Agreement, insofar as they may affect trade between the Community
and the Palestinian Authority:
(i) all agreements between undertakings, decisions by associations
of undertakings and concerted practices between undertakings which
have as their object or effect the prevention, restriction or
distortion of competition;
(ii) abuse by one or more undertakings of a dominant position in the
territories of the Community or the West Bank and the Gaza Strip as
a whole or in a substantial part thereof;
(iii) any public aid which distorts or threatens to distort
competition by favouring certain undertakings or the production of
certain goods.
2. The Parties shall, as appropriate, assess any practice contrary
to this Article on the basis of the criteria resulting from the
application of Community competition rules.
3. The Joint Committee shall, before 31 December 2001, adopt by
decision the necessary rules for the implementation of paragraphs 1
and 2.
Until these rules are adopted, the provisions of the Agreement on
Subsidies and Countervailing Measures shall be applied as the rules
for the implementation of paragraph 1 (iii) and the relevant parts
of paragraph 2.
4. As regards the implementation of paragraph 1 (iii), the Parties
recognize that the Palestinian Authority may wish to use, during the
period until 31 December 2001, public aid to undertakings as an
instrument to tackle its specific development problems.
5. Each Party shall ensure transparency in the area of public aid,
inter alia by reporting annually to the other Party on the total
amount and the distribution of the aid given and by providing, upon
request, information on aid schemes. Upon request by one Party, the
other Party shall provide information on particular individual cases
of public aid.
6. With regard to products referred to in Title I, Chapter 2:
- paragraph 1 (iii) does not apply,
- any practices contrary to paragraph 1 (i) shall be assessed
according to the criteria established by the Community on the basis
of Articles 42 and 43 of the Treaty establishing the European
Community and in particular those established in Council Regulation
No 26/62.
7. If the Community or the Palestinian Authority considers that a
particular practice is incompatible with the terms of paragraph 1 of
this Article, and:
- is not adequately dealt with under the implementing rules referred
to in paragraph 3, or
- in the absence of such rules, and if such practice causes or
threatens to cause serious prejudice to the interest of the other
Party or material injury to its domestic industry, including its
services industry,
it may take appropriate measures after consultation within the Joint
Committee or after 30 working days following referral for such
consultation.
With reference to practices incompatible with paragraph 1 (iii) of
this Article, such appropriate measures, when the GATT is applicable
to them, may only be adopted in accordance with the procedures and
under the conditions laid down by GATT or by any other relevant
instrument negotiated under its auspices and applicable between the
Parties.
8. Notwithstanding any provisions to the contrary adopted in
accordance with paragraph 3, the Parties shall exchange information
taking into account the limitations imposed by the requirements of
professional and business secrecy.
Article 31
The Member States and the Palestinian Authority shall progressively
adjust, without prejudice to their commitments to the GATT where
appropriate, any State monopolies of a commercial character, so as
to ensure that, by 31 December 2001, no discrimination regarding the
conditions under which goods are procured and marketed exists
between nationals of the Member States and the Palestinian people of
the West Bank and Gaza Strip. The Joint Committee will be informed
about the measures adopted to implement this objective.
Article 32
With regard to public enterprises and enterprises to which special
or exclusive rights have been granted, the Joint Committee shall
ensure that by 31 December 2001 there is neither enacted nor
maintained any measure distorting trade between the Community and
the Palestinian Authority contrary to the Parties' interests. This
provision should not obstruct the performance in law or in fact of
the particular tasks assigned to those undertakings.
Article 33
1. The Parties shall grant and ensure adequate and effective
protection of intellectual, industrial and commercial property
rights in accordance with the highest international standards,
including effective means of enforcing such rights.
2. The implementation of this Article shall be regularly reviewed by
the Parties. If problems in the area of intellectual, industrial and
commercial property affecting trading conditions occur, urgent
consultations shall be undertaken within the framework of the Joint
Committee, at the request of either Party, with a view to reaching
mutually satisfactory solutions.
Article 34
1. The Parties agree on the objective of reciprocal and gradual
liberalization of public procurement contracts.
2. The Joint Committee shall take the necessary measures to
implement paragraph 1.
TITLE III ECONOMIC COOPERATION AND SOCIAL DEVELOPMENT
Article 35 Objectives
1. The Parties undertake to intensify economic cooperation in their
mutual interest and in accordance with the overall objectives of
this Agreement.
2. The aim of cooperation shall be to support the Palestinian
Authority's own efforts to achieve sustainable economic and social
development.
Article 36 Scope
1. Cooperation shall focus primarily on sectors suffering from
internal difficulties or affected by the overall process of
liberalization of the economy of the West Bank and the Gaza Strip,
and in particular by the liberalization of trade between the West
Bank and the Gaza Strip and the Community.
2. Similarly, cooperation shall focus on areas likely to bring the
economies of the Community and the West Bank and Gaza Strip closer
together, particularly those which will generate sustainable growth
and employment.
3. Cooperation shall encourage the implementation of measures
designed to develop intra-regional cooperation.
4. Conservation of the environment and ecological balance shall be
taken into account in the implementation of the various sectors of
economic cooperation to which it is relevant.
5. The Parties may agree to extend economic cooperation to other
sectors not covered by the provisions of this Title.
Article 37 Methods and modalities
Economic cooperation shall be implemented in particular by:
(a) a regular economic dialogue between the Parties, which covers
all areas of macro-economic policy and in particular budgetary
policy, the balance of payments and monetary policy;
(b) regular exchange of information and ideas in every sector of
cooperation including meetings of officials and experts;
(c) transfer of advice, expertise and training;
(d) implementation of joint actions such as seminars and workshops;
(e) technical, administrative and regulatory assistance;
(f) encouragement of joint ventures;
(g) dissemination of information on cooperation.
Article 38 Industrial cooperation
The main aim will be to:
- support the Palestinian Authority, in its efforts to modernize and
diversify industry and, in particular, to create an environment
favourable to private sector and industrial development,
- foster cooperation between the two Parties' economic operators,
- foster cooperation regarding industrial policy, competitiveness in
an open economy and the modernization and development of industry,
- support policies to diversify production and exports and external
outlets,
- promote research and development, innovation and technology
transfer as far as they benefit industry,
- develop and enhance the human resources required by industry,
- facilitate access to venture and risk financing facilities for the
benefit of Palestinian industry.
Article 39 Investment promotion and investment
The objective of cooperation will be the creation of a favourable
and stable environment for investment in the West Bank and Gaza
Strip.
Cooperation will take the form of promotion of investment. This will
entail the development of:
- harmonized and simplified administrative procedures,
- co-investment machinery, especially for small and medium-sized
enterprises (SMEs) of both Parties,
- information channels and means of identifying investment
opportunities,
- an environment conducive to investment in the West Bank and the
Gaza Strip.
Cooperation may also extend to the conception and implementation of
projects demonstrating the effective acquisition and use of basic
technologies, the use of standards, the development of human
resources (e.g. in technologies and management) and the creation of
jobs.
Article 40 Standardization and conformity assessment
The objective of cooperation will be to narrow the gap in standards
and certification.
In practical terms cooperation will take the form of:
- the promotion of the use of Community technical regulations and
European standards and conformity assessment procedures,
- raising the level of conformity assessment by Palestinian
certification and accreditation bodies,
- discussing mutual recognition arrangements, where appropriate,
- cooperating in the field of quality management,
- developing structures for the protection of intellectual,
individual and commercial property, for standardization and for
setting quality standards.
Article 41 Approximation of laws
The objective of cooperation will be to approximate Palestinian
Council legislation to that of the Community, in the areas covered
by the Agreement.
Article 42 Small and medium-sized enterprises
The objective of cooperation will be the creation of an environment
propitious to the development of SMEs on local and export markets
through, inter alia:
- promotion of contacts between enterprises, in particular through
recourse to the Community's networks and instruments for the
promotion of industrial cooperation and partnership,
- easier access to investment finance,
- information and support services,
- enhancement of human resources with the aim of stimulating
innovation and the setting-up of projects and business ventures.
Article 43 Financial services
The objective of cooperation will be the improvement and development
of financial services.
It will take the form of:
- encouraging the strengthening and restructuring of the Palestinian
financial sector,
- improving Palestinian accounting, supervisory and regulatory
systems of banking, insurance and other parts of the financial
sector.
Article 44 Agriculture and fisheries
The objective of cooperation under this heading will mainly be the
modernization and restructuring, where necessary, of agriculture and
fisheries.
This includes modernization of infrastructures and of equipment; the
development of packaging, storage and marketing techniques; and the
improvement of distribution channels.
It will be geared more especially to:
- the development of stable markets,
- support for policies to diversify production and exports and
external outlets,
- reduction of food dependency,
- promotion of environment-friendly agriculture and fisheries,
taking particular account of the need for conservation and rational
management of fisheries,
- closer relations on a voluntary basis between business groups and
organizations representing trades and professions,
- technical assistance and training,
- harmonization of phytosanitary and veterinary standards,
- integrated rural development including improvement of basic
services and the development of associated economic activities, and
- cooperation among rural regions and exchange of experience and
know-how concerning rural development.
Article 45 Social development
The Parties acknowledge the importance of social development which
should go hand-in-hand with any economic development. They give
particular priority to respect for basic social rights.
The Parties will give priority to measures aimed at:
- the promotion of the equality of women and a balanced
participation in the decision-making process in the economic and
social sphere, notably through education and the media,
- the development of family planning and the protection of mothers
and children,
- improving the social protection system,
- improving the response to health requirements,
- improving the living conditions in densely populated areas in
less-favoured regions,
- promoting respect for human rights and democracy, inter alia
through socio-professional dialogue.
Article 46 Transport
The objectives of cooperation will be:
- aid for restructuring and modernizing roads, ports and airports,
- improved passenger and freight services both at bilateral and
regional level, and
- the establishment and enforcement of operating standards
comparable to those prevailing in the Community.
The priority areas of cooperation will be:
- road transport including a gradual easing of transit requirements,
- management of railways, ports and airports including navigation
systems and cooperation between the relevant national bodies,
- modernization of road, rail, port and airport infrastructure on
major routes of common interest,
- trans-European links and routes of regional interest, and
- upgrading of technical equipment to bring it up to Community
standards for road/rail transport, container traffic and
transhipment.
Article 47 Information infrastructure and telecommunications
Cooperation shall aim at stimulating economic and social development
as well as developing an information society.
The priority areas of cooperation will be:
- to facilitate collaboration in the field of telecommunications
policy, network development and infrastructures for an information
society,
- to develop a dialogue on issues related to the information society
and to promote the exchange of information and the organization of
seminars and conferences in this area,
- to promote and implement joint projects aimed at the introduction
of new telecommunications services and applications related to the
information society,
- to allow for information exchange on standardization, conformance
testing, and certification in information and communications
technologies,
- interconnection and interoperability of networks and telematics
services.
Article 48 Energy
The objective of cooperation on energy will be to help the West Bank
and Gaza Strip acquire the technologies and infrastructures
essential to its development, particularly with a view to
facilitating links between its economy and that of the Community.
The priority areas of cooperation will be:
- the promotion of renewable energies,
- the promotion of energy-saving and energy efficiency,
- support to operations designed to facilitate the transit of gas,
oil and electricity, and applied research into data bank networks in
the economic and social sectors linking Community and Palestinian
operators in particular, and
- support for the modernization and development of energy networks
and for their link-up to Community networks.
Article 49 Scientific and technological cooperation
The Parties will endeavour to promote cooperation on scientific and
technological development.
The aim of cooperation shall be to:
(a) encourage the establishment of permanent links between the
Parties' scientific communities, notably by means of:
- providing Palestinian institutions with access to Community
research and technological development programmes in accordance with
Community rules governing non-Community countries' involvement in
such programmes,
- Palestinian participation in networks of decentralized
cooperation,
- promoting synergy in training and research;
(b) improve Palestinian research capabilities;
(c) stimulate technological innovation and the transfer of new
technology and know-how;
(d) encourage all activities aimed at establishing synergy at
regional level.
Article 50 Environment
The objectives of cooperation will be to prevent deterioration of
the environment, to control pollution, to protect human health and
to ensure the rational use of natural resources with a view to
promoting sustainable development.
It will place priority on matters relating to: desertification,
water resource management, salinization, the impact of agriculture
on soil and water quality, the appropriate use of energy, the impact
of industrial development in general and the safety of industrial
plant in particular, waste management, the integrated management of
sensitive areas, the quality of sea water and the control and
prevention of marine pollution, and environmental education and
awareness.
Cooperation shall be fostered by the use of advanced tools of
environmental management, environmental monitoring methods, and
surveillance, including the use of environmental information systems
(EIS) and environmental impact assessment (EIA).
Article 51 Tourism
Priorities for cooperation shall be:
- promoting investments in tourism,
- improving the knowledge of the tourist industry and ensuring
greater consistency of policies affecting tourism,
- promoting a good seasonal spread of tourism,
- promoting cooperation between regions and cities of neighbouring
countries,
- highlighting the importance of the cultural heritage for tourism,
- making tourism more competitive through support for increased
professionalism ensuring the balanced and sustainable development of
tourism.
Article 52 Customs cooperation
Customs cooperation is intended to ensure that the provisions on
trade are observed and to guarantee fair trading.
It could give rise to the following types of cooperation:
- various forms of exchange of information and training schemes,
- simplification of controls and procedures concerning the customs
clearance of goods,
- introduction of the single administrative document and a system to
link up the Community's and the Palestinian Authority's transit
arrangements, and
- technical assistance provided by experts from the Community.
Without prejudice to other forms of cooperation provided for in this
Agreement, the administrative authorities of the Parties will
provide each other with mutual assistance on customs matters.
Article 53 Cooperation on statistics
The main objective of cooperation in this domain should aim to
ensure the comparability and usefulness of statistics on foreign
trade, finance and balance of payments, population, migration,
transport and communications, and generally all the fields which are
covered by this Agreement and lend themselves to the establishment
of statistics.
Article 54 Cooperation on economic policy
Cooperation is aimed at:
- the exchange of information on the macro-economic situation and
prospects and development strategies,
- joint analysis of economic issues of mutual interest, and
- the encouragement of cooperation between economists and policy
makers in the West Bank and the Gaza Strip and in the Community.
Article 55 Regional cooperation
As part of the implementation of economic cooperation in the various
spheres, the Parties will encourage operations designed to develop
cooperation between the Palestinian Authority and other
Mediterranean partners, through technical support.
This cooperation will be an important element of the Community's
support for the development of the region as a whole.
Priority will be given to operations aimed at:
- promoting intra-regional trade,
- developing regional cooperation on the environment,
- encouraging the development of the communications infrastructure
required for the economic development of the region,
- strengthening the development of youth cooperation with
neighbouring countries.
In addition the Parties will strengthen cooperation between them on
regional development and land-use planning.
To this end the following measures may be taken:
- joint action by regional and local authorities in the area of
economic development, and
- the establishment of mechanisms for the exchange of information
and experience.
TITLE IV COOPERATION ON AUDIO-VISUAL AND CULTURAL MATTERS,
INFORMATION AND COMMUNICATION
Article 56
The Parties shall promote cooperation in the audio-visual sector to
their mutual benefit. The Parties shall seek ways of associating the
Palestinian Authority with Community initiatives in this sector,
thus enabling cooperation in areas such as co-production, training,
development and distribution.
Article 57
The Parties shall promote cultural cooperation. The area of
cooperation may include Community activities concerning, in
particular, translation, exchange of works of art and artists,
conservation and restoration of historic and cultural monuments and
sites, training of persons working in the cultural field, the
organization of European-oriented cultural events, raising mutual
awareness and contributing to the dissemination of information on
outstanding cultural events.
Article 58
The Parties will undertake to determine how to improve significantly
the education and vocational training situation. To this end, the
access of women to education, including technical courses, higher
education and vocational training, will receive special attention.
In order to develop the level of expertise of senior staff in the
public and private sectors, the Parties will step up their
cooperation on education and vocational training and cooperation
between universities and firms.
Preparing young people to become active citizens in democratic civil
society should be actively promoted. Youth cooperation, including
training of youth workers and youth leaders, youth exchanges and
voluntary service activities, could therefore be supported and
developed.
Special attention will be paid to operations and programmes which
will enable permanent links (MED-CAMPUS, for instance) to be
established between specialized bodies in the Community and in the
West Bank and Gaza Strip, such as will encourage the pooling and
exchange of experience and technical resources.
Article 59
The Parties shall promote activities of mutual interest in the field
of information and communication.
Article 60
Cooperation shall be implemented in particular through:
(a) a regular dialogue between the Parties;
(b) regular exchange of information and ideas in every sector of
cooperation including meetings of officials and experts;
(c) transfer of advice and experience and training of young
Palestinian graduates;
(d) implementation of joint actions such as seminars and workshops;
(e) technical, administrative and regulatory assistance;
(f) the dissemination of information on cooperation activities.
TITLE V FINANCIAL COOPERATION
Article 61
In order to achieve the objectives of this Agreement, a financial
cooperation package shall be made available to the Palestinian
Authority in accordance with the appropriate procedures and the
financial resources required.
These procedures shall be agreed by both Parties using the most
appropriate instruments after this Agreement has entered into force.
Financial cooperation shall focus on:
- responding to the economic repercussions for the West Bank and the
Gaza Strip of the gradual introduction of a free trade area, notably
by upgrading and restructuring industry,
- trade institutions which promote trading links with foreign
markets,
- accompanying measures for policies implemented in the social
sector,
- upgrading economic and social infrastructure,
- promoting private investment and job-creating activities in the
productive sectors,
- promoting reforms designed to modernize the economy,
- services,
- urban and rural development,
- the environment,
- the setting-up and improvement of institutions necessary for the
proper working of the Palestinian public administration and the
advancement of democracy and human rights.
Article 62
In order to ensure that a coordinated approach is adopted to any
exceptional macro-economic and financial problems that might arise
as a result of the implementation of this Agreement, the Parties
shall use the regular economic dialogue provided for in Title III to
give particular attention to monitoring trade and financial flows in
relations between them.
TITLE VI INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 63
1. A Joint Committee for European Community-Palestinian Authority
trade and cooperation, referred to in this Agreement as 'the Joint
Committee`, is hereby established. It shall have the power to take
decisions in the cases provided for in the Agreement as well as in
other cases necessary for the purpose of attaining the objectives
set out in the Agreement.
The decisions taken shall be binding on the Parties, which shall
take such measures as are required to implement them.
2. The Joint Committee may also formulate any resolutions,
recommendations or opinions which it considers desirable for the
attainment of the common objectives and the smooth functioning of
the Agreement.
1. The Joint Committee shall be composed of representatives of the
Community and of the Palestinian Authority.
2. The Joint Committee shall act by mutual agreement between the
Community and the Palestinian Authority.
Article 65
1. The office of Chairman of the Joint Committee shall be held
alternately by the Community and the Palestinian Authority in
accordance with the conditions laid down in the rules of procedure.
2. The Joint Committee shall meet once a year and when circumstances
require, on the initiative of its Chairman.
Article 66
1. The Joint Committee may decide to set up any other committee that
can assist it in carrying out its duties.
2. The Joint Committee shall determine the composition and duties of
such committees and how they shall function.
Article 67
1. Either Party may refer to the Joint Committee any dispute
relating to the application or interpretation of this Agreement.
3. Each Party shall be bound to take 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.
The Joint Committee 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 arbitrator.
Article 68
Nothing in the 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 69
In the fields covered by this Agreement and without prejudice to any
special provisions contained therein:
- the arrangements applied by the Palestinian Authority in respect
of the Community shall not give rise to any discrimination between
the Member States, their nationals or their companies or firms,
- the arrangements applied by the Community in respect of the
Palestinian Authority shall not give rise to discrimination between
members of the Palestinian population, companies or firms of the
West Bank and Gaza Strip.
Article 70
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 the Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under the Agreement, it may take appropriate
measures. Before so doing, except in cases of special urgency, it
shall supply the Joint Committee with all relevant information
required for a thorough examination of the situation with a view to
seeking a solution acceptable to the Parties.
In the selection of measures, priority must be given to those which
least disturb the functioning of the Agreement. These measures shall
be notified immediately to the Joint Committee and shall be the
subject of consultations within the Joint Committee if the other
Party so requests.
Article 71
Annexes 1 to 3 and Protocols 1 to 3 shall form an integral part of
this Agreement.
Declarations shall appear in the Final Act, which shall form an
integral part of this Agreement.
Article 72
For the purpose of this Agreement the term 'Parties` shall mean the
PLO for the benefit of the Palestinian Authority and the Community,
which shall each act in accordance with their respective powers.
Article 73
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 the West Bank and the Gaza Strip.
Article 74
This Agreement, drawn up in duplicate in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish,
Swedish, and Arabic languages, each of these texts being equally
authentic, shall be deposited with the General Secretariat of the
Council of the European Union.
Article 75
1. This Agreement will be approved by the Parties in accordance with
their own procedures.
This Agreement shall enter into force on the first day of the month
following the date on which the Parties notify each other that the
procedures referred to in the first paragraph have been completed.
2. No later than 4 May 1999 negotiations shall commence with a view
to concluding a Euro-Mediterranean Association Agreement. Until such
an Agreement is concluded, this Agreement shall remain in force,
subject to any amendments agreed between the Parties.
3. Each of the Parties may denounce this Agreement by notifying the
other Party. The Agreement shall cease to apply six months after the
date of such notification.
Hecho en Bruselas, el veinticuatro de febrero de mil novecientos
noventa y siete.
Udfördiget i Bruxelles den fireogtyvende februar nitten hundrede og
syv og halvfems.
Geschehen zu BrŽssel am vierundzwanzigsten Februar
neunzehnhundertsiebenundneunzig.
øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ĮąėėõęłĖ Öõņę˙įńęč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń õĘĮĄ.
Done at Brussels on the twenty-fourth day of February in the year
one thousand nine hundred and ninety-seven.
Fait š Bruxelles, le vingt-quatre fłvrier mil neuf cent
quatre-vingt-dix-sept.
Fatto a Bruxelles, addü ventiquattro febbraio
millenovecentonovantasette.
Gedaan te Brussel, de vierentwintigste februari negentienhonderd
zevenennegentig.
Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos
e noventa e sete.
Tehty Brysselissō kahdentenakymmenentenōneljōntenō pōivōnō
helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōseitsemōn.
Som skedde i Bryssel den tjugofjōrde februari nittonhundranittiosju.
>REFERENCE TO A GRAPHIC>
Por la Comunidad Europea
For Det Europöiske Föllesskab
FŽr die Europōische Gemeinschaft
Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń
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
>REFERENCE TO A GRAPHIC>
>REFERENCE TO A GRAPHIC>
ANNEX 1
>TABLE POSITION>
ANNEX 2
>TABLE POSITION>
ANNEX 3
>TABLE POSITION>
PROTOCOL 1 on the arrangements applying to imports into the
Community of agricultural products originating in the West Bank and
the Gaza Strip
Article 1
1. The products listed in the Annex, originating in the West Bank
and the Gaza Strip, shall be admitted for import into the Community
in accordance with the conditions set out below and in the Annex.
2. Import duties shall be either eliminated or reduced by the
percentage indicated in respect of each product in column A.
Where the Common Customs Tariff provides for the application of ad
valorem customs duties and a specific customs duty in respect of
certain products, the rates of reduction shown in column A and in
column C, as referred to in paragraph 3, shall apply only to the ad
valorem customs duty.
3. The customs duties shall be eliminated in respect of certain
products within the limits of the tariff quotas shown against them
in column B.
The Common Customs Tariff duties in respect of the quantities
imported in excess of the quotas shall be reduced by the percentage
indicated in column C.
4. The reference quantities fixed in respect of certain other
products exempt from customs duties are shown in column D.
Where imports of a product exceed the reference quantities, the
Community may, having regard to an annual review of trade flows
which it shall carry out, make the product concerned subject to a
Community tariff quota the volume of which shall be equal to the
reference quantity. In such a case, for quantities imported in
excess of the quota, the common customs tariff duty shall, according
to the product concerned, be applied in full or reduced, as
indicated in column C.
5. For some of the products other than those referred to in
paragraphs 3 and 4, the Community may fix a reference quantity as
provided for in paragraph 4 if, in the light of the annual review of
trade which it shall carry out, it establishes that the volume of
imports may cause difficulties on the Community market. If,
subsequently, the product is subject to a tariff quota under the
conditions set out in paragraph 4, the Common Customs Tariff duty
shall be applied in full or reduced, depending on the product
concerned, by the percentage shown in column C in respect of the
quantities imported in excess of the quota.
ANNEX TO PROTOCOL 1
>TABLE POSITION>
PROTOCOL 2 on the arrangements applying to imports into the West
Bank and the Gaza Strip of agricultural products originating in the
Community
1. The products listed in the Annex originating in the Community
shall be admitted for importation into the West Bank and the Gaza
strip according to the conditions contained herein and in the Annex.
2. Import duties on imports shall be either eliminated or reduced to
the level indicated in column 'A`, within the limit of the tariff
quota listed in column 'B`, and subject to the specific provisions
indicated in column 'C`.
3. For the quantities imported in excess of the tariff quotas, the
general customs duties applied to third countries will apply,
subject to the specific provisions indicated in column 'C`.
4. For cheese and curd, the tariff quota shall be increased from 1
January 1997 to 1 January 2000 on the basis of four equal
instalments, each corresponding to 10 % of this amount.
ANNEX TO PROTOCOL 2
>TABLE POSITION>
PROTOCOL 3 concerning the definition of the concept of 'originating
products` and methods of administrative cooperation
TABLE OF CONTENTS
TITLE I GENERAL PROVISIONS
Article 1 Definitions
TITLE II DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS`
Article 2 General requirements
Article 3 Bilateral cumulation of origin
Article 4 Wholly obtained products
Article 5 Sufficiently worked or processed products
Article 6 Insufficient working or processing operations
Article 7 Unit of qualification
Article 8 Accessories, spare parts and tools
Article 9 Sets
Article 10 Neutral elements
TITLE III TERRITORIAL REQUIREMENTS
Article 11 Principle of territoriality
Article 12 Direct transport
Article 13 Exhibitions
TITLE IV DRAWBACK OR EXEMPTION
Article 14 Prohibition of drawback of, or exemption from, customs
duties
TITLE V PROOF OF ORIGIN
Article 15 General requirements
Article 16 Procedure for the issue of a movement certificate EUR.1
Article 17 Movement certificates EUR.1 issued retrospectively
Article 18 Issue of a duplicate movement certificate EUR.1
Article 19 Issue of movement certificates EUR.1 on the basis of a
proof of origin issued or made out previously
Article 20 Conditions for making out an invoice declaration
Article 21 Approved exporter
Article 22 Validity of proof of origin
Article 23 Submission of proof of origin
Article 24 Importation by instalments
Article 25 Exemptions from proof of origin
Article 26 Supporting documents
Article 27 Preservation of proof of origin and supporting documents
Article 28 Discrepancies and formal errors
Article 29 Amounts expressed in ecu
TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 30 Mutual assistance
Article 31 Verification of proofs of origin
Article 32 Dispute settlement
Article 33 Penalties
Article 34 Free zones
TITLE VII CEUTA AND MELILLA
Article 35 Application of the Protocol
Article 36 Special conditions
TITLE VIII FINAL PROVISIONS
Article 37 Amendments to the Protocol
Article 38 Implementation of the Protocol
Article 39 Goods in transit or in storage
ANNEXES
Annex I Introductory notes to the list in Annex II
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
Annex III Movement certificate EUR.1 and application for a movement
certificate EUR.1
Annex IV Invoice declaration
TITLE I GENERAL PROVISIONS
Article 1 Definitions
For the purposes of this Protocol:
(a) 'manufacture` means any kind of working or processing including
assembly or specific operations;
(b) 'material` means any ingredient, raw material, component or
part, etc., used in the manufacture of the product;
(c) 'product` means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) 'goods` means both materials and products;
(e) 'customs value` means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of the General
Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) 'ex-works price` means the price paid for the product ex works
to the manufacturer in the Community or the West Bank and Gaza Strip
in whose undertaking the last working or processing is carried out,
provided the price includes the value of all the materials used,
minus any internal taxes which are, or may be, repaid when the
product obtained is exported;
(g) 'value of materials` means the customs value at the time of
importation of the non-originating materials used, or, if this is
not known and cannot be ascertained, the first ascertainable price
paid for the materials in the Community or the West Bank and Gaza
Strip;
(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
Harmonized Community Description and Coding System, referred to in
this Protocol as 'the Harmonized 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 4 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 5 of this Protocol.
2. For the purpose of implementing this Agreement, the following
products shall be considered as originating in the West Bank and
Gaza Strip:
(a) products wholly obtained in the West Bank and Gaza Strip within
the meaning of Article 4 of this Protocol;
(b) products obtained in the West Bank and Gaza Strip incorporating
materials which have not been wholly obtained there, provided that
such materials have undergone sufficient working or processing in
the West Bank and Gaza Strip within the meaning of Article 5 of this
Protocol.
Article 3 Bilateral cumulation of origin
1. Materials originating in the Community shall be considered as
materials originating in the West Bank and Gaza Strip when
incorporated into a product obtained there. It shall not be
necessary that such materials have undergone sufficient working or
processing, provided they have undergone working or processing going
beyond that referred to in Article 6 (1) of this Protocol.
2. Materials originating in the West Bank and Gaza Strip shall be
considered as materials originating in the Community when
incorporated into a product obtained there. It shall not be
necessary that such materials have undergone sufficient working or
processing, provided they have undergone working or processing going
beyond that referred to in Article 6 (1) of this Protocol.
Article 4 Wholly obtained products
1. The following shall be considered as wholly obtained in the
Community or the West Bank and Gaza Strip:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea
outside the territorial waters of the Community or the West Bank and
Gaza Strip by their vessels;
(g) products made aboard their factory ships exclusively from
products referred to in subparagraph (f);
(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use
as waste;
(i) waste and scrap resulting from manufacturing operations
conducted there;
(j) products extracted from marine soil or subsoil outside their
territorial waters provided that they have sole rights to work that
soil or subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms 'their vessels` and 'their factory ships` in paragraph
1 (f) and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in an EC Member State or in the
West Bank and Gaza Strip;
(b) which sail under the flag of an EC Member State or of the West
Bank and Gaza Strip;
(c) which are owned to an extent of at least 50 % by nationals of EC
Member States or of the West Bank and Gaza Strip, or by a company
with its head office in one of these States, of which the manager or
managers, Chairman of the Board of Directors or the Supervisory
Board, and the majority of the members of such boards are nationals
of EC Member States or of the West Bank and Gaza Strip and of which,
in addition, in the case of partnerships or limited companies, at
least half the capital belongs to those States or to public bodies
or nationals of the said States;
(d) of which the master and officers are nationals of EC Member
States or of the West Bank and Gaza Strip; and
(e) of which at least 75 % of the crew are nationals of EC Member
States or of the West Bank and Gaza Strip.
Article 5 Sufficiently worked or processed products
1. For the purposes of Article 2, products which are not wholly
obtained are considered to be sufficiently worked or processed when
the conditions set out in the list in Annex II are fulfilled.
The conditions referred to above indicate, for all products covered
by this Agreement, the working or processing which must be carried
out on non-originating materials used in manufacturing and apply
only in relation to such materials. Accordingly, it follows that if
a product, which has acquired originating status by fulfilling the
conditions set out in the list is used in the manufacture of another
product, the conditions applicable to the product in which it is
incorporated do not apply to it, and no account shall be taken of
the non-originating materials which may have been used in its
manufacture.
2. Notwithstanding paragraph 1, non-originating materials which,
according to the conditions set out in the list, should not be used
in the manufacture of a product may nevertheless be used, provided
that:
(a) their total value does not exceed 10 % of the ex-works price of
the product;
(b) any of the percentages given in the list for the maximum value
of non-originating materials are not exceeded through the
application of this paragraph.
This paragraph shall not apply to products falling within Chapters
50 to 63 of the Harmonized System.
3. Paragraphs 1 and 2 shall apply except as provided in Article 6.
Article 6 Insufficient working or processing operations
1. Without prejudice to paragraph 2, the following operations shall
be considered as insufficient working or processing to confer the
status of originating products, whether or not the requirements of
Article 5 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 the West Bank and Gaza
Strip;
(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 the
West Bank and Gaza Strip 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 7 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 Harmonized System.
Accordingly, it follows that:
(a) when a product composed of a group or assembly of articles is
classified under the terms of the Harmonized 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 Harmonized System, each
product must be taken individually when applying the provisions of
this Protocol.
2. Where, under General Rule 5 of the Harmonized System, packaging
is included with the product for classification purposes, it shall
be included for the purposes of determining origin.
Article 8 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 9 Sets
Sets, as defined in General Rule 3 of the Harmonized 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 10 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 11 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 the West Bank and Gaza Strip.
2. If originating goods exported from the Community or the West Bank
and Gaza Strip to another country are returned, they must be
considered as non-originating, unless it can be demonstrated to the
satisfaction of the customs authorities that:
(a) the 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 12 Direct transport
1. The preferential treatment provided for under the Agreement
applies only to products, satisfying the requirements of this
Protocol, which are transported directly between the Community and
the West Bank and Gaza Strip. However, products constituting one
single consignment may be transported through other territories
with, should the occasion arise, transhipment or temporary
warehousing in such territories, provided that they remain under the
surveillance of the customs authorities in the country of transit or
warehousing and do not undergo operations other than unloading,
reloading or any operation designed to preserve them in good
condition.
Originating products may be transported by pipeline across territory
other than that of the Community or the West Bank and Gaza Strip.
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 13 Exhibitions
1. Originating products, sent for exhibition in another country and
sold after the exhibition for importation in the Community or the
West Bank and Gaza Strip shall benefit on importation from the
provisions of the Agreement provided it is shown to the satisfaction
of the customs authorities that:
(a) an exporter has consigned these products from the Community or
the West Bank and Gaza Strip to the country in which the exhibition
is held and has exhibited them there;
(b) the products have been sold or otherwise disposed of by that
exporter to a person in the Community or the West Bank and Gaza
Strip;
(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 organized 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 14 Prohibition of drawback of, or exemption from, customs
duties
1. Non-originating materials used in the manufacture of products
originating in the Community or in the West Bank and Gaza Strip for
which a proof of origin is issued or made out in accordance with the
provisions of Title V shall not be subject in the Community or the
West Bank and Gaza Strip to drawback of, or exemption from, customs
duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for
refund, remission or non-payment, partial or complete, of customs
duties or charges having an equivalent effect, applicable in the
Community or the West Bank and Gaza Strip 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 7 (2), accessories, spare
parts and tools within the meaning of Article 8 and products in a
set within the meaning of Article 9 when such items are
non-originating.
5. The provisions of paragraphs 1 to 4 shall apply only in respect
of materials which are of the kind to which the Agreement applies.
Furthermore, they shall not preclude the application of an export
refund system for agricultural products, applicable upon export in
accordance with the provisions of the Agreement.
6. The provisions of this Article shall apply from 1 January 2000
and may be reviewed by common accord.
TITLE V PROOF OF ORIGIN
Article 15 General requirements
1. Products originating in the Community shall, on importation into
the West Bank and Gaza Strip and products originating in the West
Bank and Gaza Strip shall, on importation into the Community benefit
from this Agreement upon submission of either:
(a) a movement certificate EUR.1, a specimen of which appears in
Annex III; or
(b) in the cases specified in Article 20 (1), a declaration, the
text of which appears in Annex IV, given by the exporter on an
invoice, a delivery note or any other commercial document which
describes the products concerned in sufficient detail to enable them
to be identified (hereinafter referred to as the 'invoice
declaration`).
2. Notwithstanding paragraph 1, originating products within the
meaning of this Protocol shall, in the cases specified in Article
25, benefit from this Agreement without it being necessary to submit
any of the documents referred to above.
Article 16 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 authorized representative.
2. For this purpose, the exporter or his authorized representative
shall fill out both the movement certificate EUR.1 and the
application form, specimens of which appear in Annex III. These
forms shall be completed in one of the languages in which this
Agreement is drawn up and in accordance with the provisions of the
domestic law of the exporting country. If they are handwritten, they
shall be completed in ink in printed characters. The description of
the products must be given in the box reserved for this purpose
without leaving any blank lines. Where the box is not completely
filled, a horizontal line must be drawn below the last line of the
description, the empty space being crossed through.
3. The exporter applying for the issue of a movement certificate
EUR.1 shall be prepared to submit at any time, at the request of the
customs authorities of the exporting country where the movement
certificate EUR.1 is issued, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. A movement certificate EUR.1 shall be issued by the customs
authorities of an EC Member State or the West Bank and Gaza Strip if
the products concerned can be considered as products originating in
the Community, the West Bank and Gaza Strip 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 17 Movement certificates EUR.1 issued retrospectively
1. Notwithstanding Article 16 (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`, 'ÅŹÄĻČÅĶ ÅŹ ŌŁĶ ÕÓŌÅŃŁĶ`, 'EXPEDIDO A
POSTERIORI`, 'EMITIDO A POSTERIORI`, 'ANNETTU JÄLKIKÄTEEN`,
'UTFÄRDAT I EFTERHAND`, '>REFERENCE TO A GRAPHIC>
`.
5. The endorsement referred to in paragraph 4 shall be inserted in
the 'Remarks` box of the movement certificate EUR.1.
Article 18 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`,
'ĮĶŌÉĆŃĮÖĻ`, 'DUPLICADO`, 'SEGUNDA VIA`, 'KAKSOISKAPPALE`,
'>REFERENCE TO A GRAPHIC>
`.
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 19 Issue of movement certificates EUR.1 on the basis of a
proof of origin issued or made out previously
When originating products are placed under the control of a customs
office in the Community or the West Bank and Gaza Strip, it shall be
possible to replace the original proof of origin by one or more
movement certificates EUR.1 for the purpose of sending all or some
of these products elsewhere within the Community or the West Bank
and Gaza Strip. The replacement movement certificate(s) EUR.1 shall
be issued by the customs office under whose control the products are
placed.
Article 20 Conditions for making out an invoice declaration
1. An invoice declaration as referred to in Article 15 (1) (b) may
be made out:
(a) by an approved exporter within the meaning of Article 21, or
(b) by any exporter for any consignment consisting of one or more
packages containing originating products whose total value does not
exceed ECU 6 000.
2. An invoice declaration may be made out if the products concerned
can be considered as products originating in the Community, the West
Bank and Gaza Strip 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 IV, using one of the linguistic versions set out in
that Annex and in accordance with the provisions of the domestic law
of the exporting country. If the declaration is handwritten, it
shall be written in ink in printed characters.
5. Invoice declarations shall bear the original signature of the
exporter in manuscript. However, an approved exporter within the
meaning of Article 21 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 21 Approved exporter
1. The customs authorities of the exporting country may authorize
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 authorization
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 authorization number which shall appear on the invoice
declaration.
5. The customs authorities may withdraw the authorization 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 authorization.
Article 22 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 23 Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of
the importing country in accordance with the procedures applicable
in that country. The said authorities may require a translation of a
proof of origin and may also require the import declaration to be
accompanied by a statement from the importer to the effect that the
products meet the conditions required for the implementation of the
Agreement.
Article 24 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 Harmonized System falling within Sections XVI and XVII or
heading Nos 7308 and 9406 of the Harmonized 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 25 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 C2/CP3 or on a
sheet of paper annexed to that document.
2. Imports which are occasional and consist solely of products for
the personal use of the recipients or travellers or their families
shall not be considered as imports by way of trade if it is evident
from the nature and quantity of the products that no commercial
purpose is in view.
3. Furthermore, the total value of these products shall not exceed
ECU 500 in the case of small packages or ECU 1 200 in the case of
products forming part of travellers' personal luggage.
Article 26 Supporting documents
The documents referred to in Articles 16 (3) and 20 (3), used for
the purpose of proving that products covered by a movement
certificate EUR.1 or an invoice declaration can be considered as
products originating in the Community, or in the West Bank and Gaza
Strip and fulfil the other requirements of this Protocol, may
consist inter alia of the following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used,
issued or made out in the Community or the West Bank and Gaza Strip
where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the
Community or the West Bank and Gaza Strip, issued or made out in the
Community or the West Bank and Gaza Strip, where these documents are
used in accordance with domestic law;
(d) movement certificates EUR.1 or invoice declarations proving the
originating status of materials used, issued or made out in the
Community or the West Bank and Gaza Strip in accordance with this
Protocol.
Article 27 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 16 (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 20 (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 16 (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 28 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 29 Amounts expressed in ecu
1. Amounts in the national currency of the exporting country
equivalent to the amounts expressed in ecu shall be fixed by the
exporting country and communicated to the 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 another EC Member State, the
importing country shall recognize 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
ecu as at the first working day in October 1996.
4. The amounts expressed in ecu and their equivalents in the
currencies of the EC Member States and the West Bank and Gaza Strip
shall be reviewed by the Joint Committee at the request of the
Community or the Palestinian Authority. When carrying out this
review, the Joint Committee shall ensure that there will be no
decrease in the amounts to be used in any national currency and
shall furthermore consider the desirability of preserving the
effects of the limits concerned in real terms. For this purpose, it
may decide to modify the amounts expressed in ecu.
TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 30 Mutual assistance
1. The customs authorities of the EC Member States and of the West
Bank and Gaza Strip shall provide each other, through the European
Commission, with specimen impressions of stamps used in their
customs offices for the issue of movement certificates EUR.1 and
with the addresses of the customs authorities responsible for
verifying those certificates and invoice declarations.
2. In order to ensure the proper application of this Protocol, the
Community and the Palestinian Authority 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 31 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 of origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the customs authorities
of the exporting country. For this purpose, they shall have the
right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products
concerned while awaiting the results of the verification, release of
the products shall be offered to the importer subject to any
precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible.
These results must indicate clearly whether the documents are
authentic and whether the products concerned can be considered as
products originating in the Community or the West Bank and Gaza
Strip, 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 32 Dispute settlement
Where disputes arise in relation to the verification procedures of
Article 31 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 Joint 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 33 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 34 Free zones
1. The Community and the Palestinian Authority shall take all
necessary steps to ensure that products traded under cover of a
proof of origin which in the course of transport use a free zone
situated in their territory, are not substituted by other goods and
do not undergo handling other than normal operations designed to
prevent their deterioration.
2. By means of an exemption to the provisions contained in paragraph
1, when products originating in the Community or the West Bank and
Gaza Strip 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 35 Application of the Protocol
2. Products originating in the West Bank and Gaza Strip, when
imported into Ceuta or Melilla, shall enjoy in all respects the same
customs regime as that which is applied to products originating in
the customs territory of the Community under Protocol 2 of the Act
of Accession of the Kingdom of Spain and the Portuguese Republic to
the European Communities. The Palestinian Authority shall grant to
imports of products covered by the Agreement and originating in
Ceuta and Melilla the same customs regime as that which is granted
to products imported from and originating in the Community.
3. For the purpose of the application of paragraph 2 concerning
products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in
Article 36.
Article 36 Special conditions
1. Providing they have been transported directly in accordance with
the provisions of Article 12, 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 5 of this Protocol; or that
(ii) those products are originating in the West Bank and Gaza Strip
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 6 (1).
(2) products originating in the West Bank and Gaza Strip:
(a) products wholly obtained in the West Bank and Gaza Strip;
(b) products obtained in the West Bank and Gaza Strip, 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 5 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 6 (1).
3. The exporter or his authorized representative shall enter 'The
West Bank and Gaza Strip` 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 37 Amendments to the Protocol
The Joint Committee may decide to amend the provisions of this
Protocol.
Article 38 Implementation of the Protocol
The Community and the Palestinian Authority shall each take the
steps necessary to implement this Protocol.
Article 39 Goods in transit or storage
The provisions of the Agreement may be applied to goods which comply
with the provisions of this Protocol and which on the date of entry
into force of the Agreement are either in transit or are in the
Community or in the West Bank and Gaza Strip or, 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 endorsed
retrospectively by the competent authorities of the exporting State
together with the documents showing that the goods have been
transported directly.
ANNEX I
INTRODUCTORY NOTES 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 5 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 Harmonized System and the second column gives the
description of goods used in that system for that heading or
chapter. For each entry in the first two columns a rule is specified
in columns 3 or 4. Where, in some cases, the entry in the first
column is preceded by an 'ex`, this signifies that the rules in
columns 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
columns 3 or 4 apply to all products which, under the Harmonized
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 columns 3 or 4.
2.4. Where, for an entry in the first two columns, a rule is
specified in both columns 3 and 4, the exporter may opt, as an
alternative, to apply either the rule set out in column 3 or that
set out in column 4. If no origin rule is given in column 4, the
rule set out in column 3 has to be applied.
Note 3:
3.1. The provisions of Article 5 of the Protocol concerning products
having acquired originating status which are used in the manufacture
of other products 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 the West Bank and Gaza Strip.
Example:
An engine of heading No 8407, for which the rule states that the
value of the non-originating materials which may be incorporated may
not exceed 40 per cent of the ex-works price, is made from 'other
alloy steel roughly shaped by forging` of heading No ex 7224.
If this forging has been forged in the Community from a
non-originating ingot, it has already acquired originating status by
virtue of the rule for heading No ex 7224 in the list. The forging
can then count as originating in the value calculation for the
engine regardless of whether it was produced in the same factory or
in another factory in the 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 states that
'materials of any heading` may be used, materials of the same
heading as the product may also be used, subject, however, to any
specific limitations which may also be contained in the rule.
However, the expression 'manufacture from materials of any heading,
including other materials of heading No . . .` means that only
materials classified in the same heading as the product of a
different description than that of the product as given in column 2
of the list may be used.
3.4. When a rule in the list specifies that a product may be
manufactured from more than one material, this means that any one or
more materials may be used. It does not require that all be used.
Example:
The rule for fabrics of heading Nos 5208 to 5212 provides that
natural fibres may be used and that chemical materials, among other
materials, may also be used. This does not mean that both have to be
used; it is possible to use one or the other or both.
3.5. Where a rule in the list specifies that a product must be
manufactured from a particular material, the condition obviously
does not prevent the use of other materials which, because of their
inherent nature, cannot satisfy the rule. (See also Note 6.2 below
in relation to textiles).
Example:
The rule for prepared foods of heading No 1904 which specifically
excludes the use of cereals and their derivatives does not prevent
the use of mineral salts, chemicals and other additives which are
not products from cereals.
However, this does not apply to products which, although they cannot
be manufactured from the particular materials specified in the list,
can be produced from a material of the same nature at an earlier
stage of manufacture.
Example:
In the case of an article of apparel of ex Chapter 62 made from
non-woven materials, if the use of only non-originating yarn is
allowed for this class of article, it is not possible to start from
non-woven cloth - even if non-woven cloths cannot normally be made
from yarn. In such cases, the starting material would normally be at
the stage before yarn - that is the fibre stage.
3.6. Where, in a rule in the list, two percentages are given for the
maximum value of non-originating materials that can be used, then
these percentages may not be added together. In other words, the
maximum value of all the non-originating materials used may never
exceed the highest of the percentages given. Furthermore, the
individual percentages must not be exceeded in relation to the
particular materials they apply to.
Note 4:
4.1. The term 'natural fibres` is used in the list to refer to
fibres other than artificial or synthetic fibres. It is restricted
to the stages before spinning takes place, including waste, and,
unless otherwise specified, includes fibres that have been carded,
combed or otherwise processed but not spun.
4.2. The term 'natural fibres` includes horsehair of heading No
0503, silk of heading Nos 5002 and 5003 as well as the wool fibres,
fine or coarse animal hair of heading Nos 5101 to 5105, the cotton
fibres of heading Nos 5201 to 5203 and the other vegetable fibres of
heading Nos 5301 to 5305.
4.3. The terms 'textile pulp`, 'chemical materials` and
'paper-making materials` are used in the list to describe the
materials not classified in Chapters 50 to 63, which can be used to
manufacture artificial, synthetic or paper fibres or yarns.
4.4. The term 'man-made staple fibres` is used in the list to refer
to synthetic or artificial filament tow, staple fibres or waste, of
heading Nos 5501 to 5507.
Note 5:
5.1. Where for a given product in the list a 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, which, taken together, represent 10 per cent or less of the
total weight of all the basic textile materials used. (See also
Notes 5.3 and 5.4 below).
5.2. However, the tolerance mentioned in Note 5.1 may only be
applied to mixed products which have been made from two or more
basic textile materials.
The following are the basic textile materials:
- silk,
- wool,
- coarse animal hair,
- fine animal hair,
- horsehair,
- cotton,
- paper-making materials and paper,
- flax,
- true hemp,
- jute and other textile bast fibres,
- sisal and other textile fibres of the genus Agave,
- coconut, abaca, ramie and other vegetable textile fibres,
- synthetic man-made filaments,
- artificial man-made filaments,
- synthetic man-made staple fibres of polypropylene,
- synthetic man-made staple fibres of polyester,
- synthetic man-made staple fibres of polyamide,
- synthetic man-made staple fibres of polyacrylonitrile,
- synthetic man-made staple fibres of polyimide,
- synthetic man-made staple fibres of polytetrafluoroethylene,
- synthetic man-made staple fibres of polyphenylene sulphide,
- synthetic man-made staple fibres of polyvinyl chloride,
- other synthetic man-made staple fibres,
- artificial man-made staple fibres of viscose,
- other artificial man-made staple fibres,
- yarn made of polyurethane segmented with flexible segments of
polyether whether or not gimped,
- yarn made of polyurethane segmented with flexible segments of
polyester whether or not gimped,
- products of heading No 5605 (metallized yarn) incorporating strip
consisting of a core of aluminium foil or of a core of plastic film
whether or not coated with aluminium powder, of a width not
exceeding 5 mm, sandwiched by means of a transparent or coloured
adhesive between two layers of plastic film,
- other products of heading No 5605.
Example:
A yarn of heading No 5205 made from cotton fibres of heading No 5203
and synthetic staple fibres of heading No 5506 is a mixed yarn.
Therefore, non-originating synthetic staple fibres that do not
satisfy the origin rules (which require manufacture from chemical
materials or textile pulp) may be used up to a weight of 10 per cent
of the yarn.
Example:
A woollen fabric of heading No 5112 made from woollen yarn of
heading No 5107 and synthetic yarn of staple fibres of heading No
5509 is a mixed fabric. Therefore synthetic yarn which does not
satisfy the origin rules (which require manufacture from chemical
materials or textile pulp) or woollen yarn that does not satisfy the
origin rules (which require manufacture from natural fibres, not
carded or combed or otherwise prepared for spinning) or a
combination of the two may be used provided their total weight does
not exceed 10 per cent of the weight of the fabric.
Example:
Tufted textile fabric of heading No 5802 made from cotton yarn of
heading No 5205 and cotton fabric of heading No 5210 is only a mixed
product if the cotton fabric is itself a mixed fabric being made
from yarns classified in two separate headings or if the cotton
yarns used are themselves mixtures.
Example:
If the tufted textile fabric concerned had been made from cotton
yarn of heading No 5205 and synthetic fabric of heading No 5407,
then, obviously, the yarns used are two separate basic textile
materials and the tufted textile fabric is accordingly a mixed
product.
Example:
A carpet with tufts made from both artificial yarns and cotton yarns
and with a jute backing is a mixed product because three basic
textile materials are used. Thus, any non-originating materials that
are at a later stage of manufacture than the rule allows may be
used, provided their total weight does not exceed 10 per cent of the
weight of the textile materials of the carpet. Thus, both the jute
backing and/or the artificial yarns could be imported at that stage
of manufacture, provided the weight conditions are met.
5.3. In the case of products incorporating 'yarn made of
polyurethane segmented with flexible segments of polyether whether
or not gimped` this tolerance is 20 per cent in respect of this
yarn.
5.4. In the case of products incorporating 'strip consisting of a
core of aluminium foil or of a core of plastic film whether or not
coated with aluminium powder, of a width not exceeding 5 mm,
sandwiched by means of an adhesive between two layers of plastic
film`, this tolerance is 30 per cent in respect of this strip.
Note 6:
6.1. In the case of those textile products which are marked in the
list by a footnote referring to this note, textile materials, with
the exception of linings and interlinings, which do not satisfy the
rule set out in the list in column 3 for the made-up 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 per cent 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 rules 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 heading Nos ex 2707, 2713 to 2715, ex 2901,
ex 2902 and ex 3403, the 'specific processes` are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process (1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing
with concentrated sulphuric acid, oleum or sulphuric anhydride;
neutralization with alkaline agents; decolorization and purification
with naturally active earth, activated earth, activated charcoal or
bauxite;
(g) polymerization;
(h) alkylation;
(i) isomerization.
7.2. For the purposes of heading Nos 2710, 2711 and 2712, the
'specific processes` are the following:
(a) vacuum distillation;
(b) redistillation by a very thorough fractionation process (2);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all the following operations: processing
with concentrated sulphuric acid, oleum or sulphuric anhydride;
neutralization with alkaline agents; decolorization and purification
with naturally active earth, activated earth, activated charcoal or
bauxite;
(g) polymerization;
(h) alkylation;
(ij) isomerization;
(k) in respect of heavy oils falling within heading No ex 2710 only,
desulphurization with hydrogen resulting in a reduction of at least
85 per cent of the sulphur content of the products processed (ASTM D
1266-59 T method);
(l) in respect of products falling within heading No 2710 only,
deparaffining by a process other than filtering;
(m) in respect of heavy oils falling within heading No ex 2710 only,
treatment with hydrogen at a pressure of more than 20 bar and a
temperature of more than 250 °C with the use of a catalyst, other
than to effect desulphurization, when the hydrogen constitutes an
active element in a chemical reaction. The further treatment with
hydrogen of lubricating oils of heading No ex 2710 (e.g.
hydrofinishing or decolorization) in order, more especially, to
improve colour or stability shall not, however, be deemed to be a
specific process;
(n) in respect of fuel oils falling within heading No ex 2710 only,
atmospheric distillation, on condition that less than 30 per cent of
these products distil, by volume, including losses, at 300 °C by the
ASTM D 86 method;
(o) in respect of heavy oils other than gas oils and fuel oils
falling within heading No ex 2710 only, treatment by means of a
high-frequency electrical brush-discharge.
7.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901,
ex 2902 and ex 3403, simple operations such as cleaning, decanting,
desalting, water separation, filtering, colouring, marking,
obtaining a sulphur content as a result of mixing products with
different sulphur contents, any combination of these operations or
like operations do not confer origin.
(1) See Additional Explanatory Note 4 (b) to Chapter 27 of the
Combined Nomenclature.
(2) See Additional Explanatory Note 4 (b) to Chapter 27 of the
Combined Nomenclature.
ANNEX II
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON
NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN
OBTAIN ORIGINATING STATUS
The products mentioned in the list may not all be covered by the
Agreement. It is therefore necessary to consult the other parts of
the Agreement
>TABLE POSITION>
ANNEX III
MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT
CERTIFICATE EUR.1
Printing instructions
1. Each form shall measure 210 × 297 mm; a tolerance of up to minus
5 mm or plus 8 mm in the length may be allowed. The paper used must
be white, sized for writing, not containing mechanical pulp and
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 the West Bank and Gaza Strip may reserve the right to print
the forms themselves or may have them printed by approved printers.
In the latter case, each form must include a reference to such
approval. Each form must bear the name and address of the printer or
a mark by which the printer can be identified. It shall also bear a
serial number, either printed or not, by which it can be identified.
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ANNEX IV
INVOICE DECLARATION
>START OF GRAPHIC>
The invoice declaration, the text of which is given below, must be
made out in accordance with the footnotes. However, the footnotes do
not have to be reproduced.
English version
The exporter of the products covered by this document (customs
authorization No . . . (1)) declares that, except where otherwise
clearly indicated, these products are of . . . preferential origin
(2).
Spanish version
El exportador de los productos incluidos en el presente documento
(autorizaciėn aduanera no . . . (1)) declara que, salvo indicaciėn
en sentido contrario, estos productos gozan de un origen
preferencial . . . (2).
Danish version
EksportŲren af varer, der er omfattet af nörvörende dokument,
(toldmyndighedernes tilladelse nr. . . . (1)), erklörer, at varerne,
medmindre andet tydeligt er angivet, har pröferenceoprindelse i . .
. (2).
German version
Der AusfŽhrer (Ermōchtigter AusfŽhrer; Bewilligungs-Nr. . . . (1)),
der Waren, auf die sich dieses Handelspapier bezieht, erklōrt, dač
diese Waren, soweit nicht anders angegeben, prōferenzbegŽnstigte . .
. Ursprungswaren sind (2).
Greek version
Ļ õžńóųóąńĖ Įųż Ęę˙ŪŽżĮųż Ę˙į śńūžĘĮ˙żĮńł ńĘŽ Į˙ Ęńꎿ ąóóęńŠ˙
(Ąōõłń Įõūųżõč˙į įĘ' ńęłų. . . . (1)) dhl´vnei ėti, ektėw eńn
dhl´vnetai saf´vw ńllvw, ta pro˙ėnta aztń eżnai protimhsiak´hw
katagvg´hw . . . (2).
French version
L'exportateur des produits couverts par le prłsent document
(autorisation douaniųre no . . . (1)), dłclare que, sauf indication
claire du contraire, ces produits ont l'origine prłfłrentielle . . .
(2).
Italian version
L'esportatore delle merci contemplate nel presente documento
(autorizzazione doganale n. . . . (1)) dichiara che, salvo
indicazione contraria, le merci sono di origine preferenziale . . .
(2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is
(douanevergunning nr. . . . (1)), verklaart dat, behoudens
uitdrukkelijke andersluidende vermelding, deze goederen van
preferentiūle . . . oorsprong zijn (2).
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente
documento (autoriza÷óo aduaneira no. . . . (1)), declara que, salvo
expressamente indicado em contrńrio, estes produtos sóo de origem
preferencial . . . (2).
(1) When the invoice declaration is made out by an approved exporter
within the meaning of Article 21 of the Protocol, the authorization
number of the approved exporter must be entered in this space. When
the invoice declaration is not made out by an approved exporter, the
words in brackets shall be omitted or the space left blank.(2)
Origin of products to be indicated. When the invoice declaration
relates in whole or in part, to products originating in Ceuta and
Melilla within the meaning of Article 36 of the Protocol, the
exporter must clearly indicate them in the document on which the
declaration is made out by means of the symbol 'CM'.Finnish version
Tōssō asiakirjassa mainittujen tuotteiden viejō (tullin lupan:o . .
. (1)) ilmoittaa, ettō nōmō tuotteet ovat, ellei toisin ole selvōsti
merkitty, etuuskohteluun oikeutettuja . . . alkuperōtuotteita (2).
Swedish version
ExportŠren av de varor som omfattas av detta dokument
(tullmyndighetens tillstõnd nr. . . . (1)) fŠrsōkrar att dessa
varor, om inte annat tydligt markerats, har fŠrmõnsberōttigande . .
. ursprung (2).
(1) When the invoice declaration is made out by an approved exporter
within the meaning of Article 21 of the Protocol, the authorization
number of the approved exporter must be entered in this space. When
the invoice declaration is not made out by an approved exporter, the
words in brackets shall be omitted or the space left blank.(2)
Origin of products to be indicated. When the invoice declaration
relates in whole or in part, to products originating in Ceuta and
Melilla within the meaning of Article 36 of the Protocol, the
exporter must clearly indicate them in the document on which the
declaration is made out by means of the symbol 'CM'.>END OF GRAPHIC>
Arabic version
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>START OF GRAPHIC>
. (3)
(Place and date)
. (4)
(Signature of the exporter; in addition the name of the person
signing the declaration has to be indicated in clear script)
(3) These indications may be omitted if the information is contained
on the document itself.(4) See Article 20 (5) of the Protocol. In
cases where the exporter is not required to sign, the exemption of
signature also implies the exemption of the name of the
signatory.>END OF GRAPHIC>
FINAL ACT
The plenipotentiaries of
the EUROPEAN COMMUNITY,
hereinafter referred to as 'the Community`,
of the one part, and
the plenipotentiaries of
the PALESTINE LIBERATION ORGANIZATION (PLO) FOR THE BENEFIT OF THE
PALESTINIAN AUTHORITY OF THE WEST BANK AND THE GAZA STRIP,
hereinafter referred to as 'the Palestinian Authority`,
of the other part,
meeting at Brussels on 24 February 1997 for the signature of the
Euro-Mediterranean Interim Association Agreement on trade and
cooperation between the European Community, of the one part and the
Palestine Liberation Organization (PLO) for the benefit of the
Palestinian Authority of the West Bank and the Gaza Strip, of the
other part, hereinafter referred to as 'Euro-Mediterranean Interim
Association Agreement` have adopted the following texts:
the Euro-Mediterranean Interim Association Agreement, the Annexes
thereto and the following Protocols:
Protocol 1 on the arrangements applying to imports into the
Community of agricultural products originating in the West Bank and
the Gaza Strip,
Protocol 2 on the arrangements applying to imports into the West
Bank and the Gaza Strip of agricultural products originating in the
Community,
Protocol 3 concerning the definition of the concept of 'originating
products` and methods of administrative cooperation.
The plenipotentiaries of the Community and the plenipotentiaries of
the Palestinian Authority have adopted the texts of the Declarations
listed below and annexed to this Final Act:
Joint Declaration on intellectual, industrial and commercial
property (Article 33 of the Agreement),
Joint Declaration on Article 55 of the Agreement,
Joint Declaration on Article 58 of the Agreement,
Joint Declaration on decentralized cooperation,
Joint Declaration on Article 67 of the Agreement,
Joint Declaration on Article 70 of the Agreement,
Joint Declaration on data protection,
Joint Declaration on a programme of support for Palestinian
industry,
and, as regards Protocol 3 concerning the definition of the concept
of 'originating products` and methods of administrative cooperation,
the following Joint Declarations:
2. Joint Declaration concerning the Republic of San Marino.
The plenipotentiaries of the Community and the plenipotentiaries of
the Palestinian Authority have also taken note of the Agreement in
the form of an exchange of letters mentioned below and attached to
this Final Act:
Agreement in the form of an exchange of letters between the
Community and the Palestinian Authority relating to Article 1 of
Protocol 1 and concerning imports into the Community of fresh cut
flowers and flower buds falling within subheading 0603 10 of the
Common Customs Tariff.
The plenipotentiaries of the Palestinian Authority have taken note
of the Declaration by the European Community mentioned below and
annexed to this Final Act:
Declaration on cumulation of origin.
Hecho en Bruselas, el veinticuatro de febrero de mil novecientos
noventa y siete.
Udfördiget i Bruxelles den fireogtyvende februar nitten hundrede og
syv og halvfems.
Geschehen zu BrŽssel am vierundzwanzigsten Februar
neunzehnhundertsiebenundneunzig.
øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ĮąėėõęłĖ Öõņę˙įńęč˙į ščūłń
õżżłńśŽėłń õżõżČżĮń õĘĮĄ.
Done at Brussels on the twenty-fourth day of February in the year
one thousand nine hundred and ninety-seven.
Fait š Bruxelles, le vingt-quatre fłvrier mil neuf cent
quatre-vingt-dix-sept.
Fatto a Bruxelles, addü ventiquattro febbraio
millenovecentonovantasette.
Gedaan te Brussel, de vierentwintigste februari negentienhonderd
zevenennegentig.
Feito em Bruxelas, em vinte e quatro de Fevereiro de mil novecentos
e noventa e sete.
Tehty Brysselissō kahdentenakymmenentenōneljōntenō pōivōnō
helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōseitsemōn.
Som skedde i Bryssel den tjugofjōrde februari nittonhundranittiosju.
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Por la Comunidad Europea
For Det Europöiske Föllesskab
FŽr die Europōische Gemeinschaft
Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń
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 on intellectual, industrial and
commercial property (Article 33 of the Agreement)
For the purpose of the Agreement, intellectual, industrial and
commercial property includes in particular copyright, including the
copyright in computer programmes, and neighbouring rights, patents,
industrial designs, geographical indications, including appellations
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 (Stockholm Act, 1967) and
protection of undisclosed information on 'know-how`.
Joint Declaration on Article 55 of the Agreement
The Parties reaffirm their commitment to the Middle East Peace
Process and their belief that peace should be consolidated through
regional cooperation. The Community is prepared to support joint
development projects submitted by the Palestinian Authority and
other regional parties, subject to relevant Community technical and
budgetary procedures.
The Parties reaffirm that the Agreement forms part of the process
launched at the Barcelona Conference of 27 November 1995 and that
the bilateral cooperation between the European Community and the
Palestinian Authority is complementary to the regional cooperation
taking place in the context of the Euro-Mediterranean Partnership.
Joint Declaration on Article 58 of the Agreement
The Parties agree that access to employment will not be included in
the framework of youth exchange programmes.
Joint Declaration on decentralized cooperation
The Parties reaffirm the importance they attach to decentralized
cooperation programmes as a means of encouraging exchanges of
experience and transfer of knowledge in the Mediterranean region and
between the European Community and its Mediterranean partners.
Joint Declaration on Article 67 of the Agreement
When the arbitration procedure is applied, the Parties will
endeavour to ensure that the Joint Committee appoints a third
arbitrator within two months of the appointment of the second
arbitrator.
Joint Declaration on Article 70 of the Agreement
1. The Parties agree, for the purposes of the interpretation and the
application of the Agreement, that the cases of special urgency
referred to in Article 70 of the Agreement mean cases of substantial
violation of the Agreement by one of the two Parties. A substantial
violation of the Agreement consists of:
- the rejection of the Agreement when such rejection is not
authorized by the general rules of international law,
- the violation of the essential elements of the Agreement set out
in Article 2 thereof.
2. The Parties agree that the appropriate measures referred to in
Article 70 are measures taken in accordance with international law.
If one Party takes a measure in a case of special urgency in
application of Article 70 the other Party may invoke the dispute
settlement procedure.
Joint Declaration on data protection
The Parties agree that the protection of data will be guaranteed in
all areas where the exchange of personal data is envisaged.
Joint Declaration on a programme of support for Palestinian industry
The Parties agree that a programme of support will be put at the
disposal of Palestinian industry, designed to nurture and develop
the capacity of the Palestinian industrial sector.
The Community extends access to start-up funding and to capital to
Palestinian businesses in the West Bank and the Gaza Strip. This
includes the European Community Investment Partners programme
(ECIP), which provides assistance for business start-up costs, such
as feasibility studies and technical assistance, and in some cases,
access to funding for joint ventures. Loan funding, particularly for
small and medium-sized enterprises, through a revolving fund
administered by the Palestinian Development Fund, is also available
on the basis of grants provided by the Community. The European
Investment Bank extends loan funding and risk capital to Palestinian
business through local banks.
The Community has established the Centre for Private Development in
the West Bank and the Gaza Strip, in order to provide support,
training and advice to Palestinian industry, in business start-up
and planning, business management, strategy and marketing.
The Community recognizes that Palestinian industry must seek markets
abroad. The present Agreement therefore permits duty-free access of
Palestinian industrial products to European Community markets. The
Palestinian Enterprise Centre, and, within it, the Euro-Info Centre,
are therefore available to promote and facilitate contacts and joint
ventures between European and Palestinian industry, through
partnership events (the Euro-Partenariat, Med-Partenariat and
Med-Enterprise schemes) and a variety of other means (such as the BC
Net and BRE networks), which from time to time become available.
The Community also recognizes that Palestinian industry has suffered
from a lack of basic economic infrastructure. Noting that, in the
context of the assistance provided by the Community for the
development of the West Bank and the Gaza Strip, part of this
assistance may be provided in support of Palestinian industry, the
Community will consider requests from the Palestinian Authority that
a proportion of these funds, as grants or loans, may be devoted to
the rehabilitation of vital economic infrastructures.
In the framework of the economic cooperation provided for under the
current Agreement, the two Parties will have regular exchanges of
views in order to establish how the range of support mechanisms
described in this Declaration, as well as any others which may
become available, may most effectively be combined to provide the
most appropriate support to Palestinian industry.
Joint Declaration concerning the Principality of Andorra
1. Products originating in the Principality of Andorra falling
within Chapters 25 to 97 of the Harmonized System shall be accepted
by the Palestinian Authority as originating in the Community within
the meaning of this Agreement.
2. Protocol 3 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 the Palestinian Authority as originating in the
Community within the meaning of this Agreement.