21997A1218(02)
Cooperation Agreement between the European Community and the former
Yugoslav Republic of Macedonia - Protocol 1 on additional trade
arrangements for certain iron and steel product - Protocol 2 on the
definition of the concept of 'originating products' and methods of
administrative cooperation - Protocol 3 on financial cooperation -
Joint Declarations - Declarations of Intent by the Contracting
Parties - Declarations by the Community
Dates:
of document: 29/04/1997
of effect: 01/01/1998; Entry into force See Art 49 ; See OJ
L 348/97 P. 168
end of validity: 99/99/9999
Authentic language: The official languages ; German ; Danish ;
French ; Italian ; Dutch ; Greek ; English ; Spanish ; Portuguese ;
Swedish ; Finnish ; Other than Community language ; Macedonian
Author:
Macedonia ; European Community ; Former Yugoslav Republic of
Macedonia
Subject matter: External relations ; Commercial policy ; Provisions
under Article 235 EEC
Directory code: 11401040
EUROVOC descriptor: customs regulations ; economic cooperation ;
import policy ; industrial cooperation ; EC cooperation agreement ;
Former Yugoslav Republic of Macedonia
Legal basis:
192E113................... Adoption
192E228-P2F2.............. Adoption
192E228-P3L2.............. Adoption
192E235................... Adoption
Instruments cited:
389R3906..................
294A1223(01)..............
294A1223(09)..............
394R0517..................
Amended by:
Adopted by.... 397D0831..........
Suspended by.. 200A1209(01)...... Suspension ANN A. from 01/12/2000
Suspended by.. 200A1209(01)...... Suspension ANN B. from 01/12/2000
Suspended by.. 200A1209(01)...... Suspension TIT II. from 01/12/2000
Suspended by.. 200D1209(01)...... Suspension ANN A. from 01/12/2000
Suspended by.. 200D1209(01)...... Suspension ANN B. from 01/12/2000
Suspended by.. 200D1209(01)...... Suspension TIT II. from 01/12/2000
Amended by.... 201A0504(01)...... Suspension ART30 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART29 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART28 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART27 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART26 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART25 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART24 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART23 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART32 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART31 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART22 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART18 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART14 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART15 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART17 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART16 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART13 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART19 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART21 from DATEFF
Amended by.... 201A0504(01)...... Suspension ART20 from DATEFF
Replaced by... 204A0320(03)...... from 01/04/2004
COOPERATION AGREEMENT between the European Community and the former
Yugoslav Republic of Macedonia
THE EUROPEAN COMMUNITY,
hereinafter referred as 'the Community`,
of the one part, and
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
of the other part,
RESOLVED to strengthen economic cooperation between the Community
and the former Yugoslav Republic of Macedonia;
RESOLVED to promote the development and diversification of economic,
financial and trade cooperation in order to foster a better balance
and an improvement in the structure of their trade and expand its
volume and to improve the welfare of their populations;
RESOLVED to provide a sounder basis for cooperation in conformity
with their international obligations;
RESOLVED to contribute to regional stability and to open and
cooperative relations among countries of South-Eastern Europe,
taking into consideration the specific situation of the former
Yugoslav Republic of Macedonia;
CONSCIOUS that the Interim Accord of 13 September 1995 contributes
to regional stability and favours cooperative relations between
Greece and the former Yugoslav Republic of Macedonia;
AWARE that the former Yugoslav Republic of Macedonia has taken the
initiative leading to UN General Assembly Resolution No 48/84B of 16
December 1993 on the development of good neighbourly relations among
Balkan States;
CONSCIOUS of the need to bring about harmonious economic and trade
relations between the Community and the former Yugoslav Republic of
Macedonia;
AWARE of the importance of giving full effect to all the provisions
and principles of the Organization on Security and Cooperation in
Europe (OSCE) process, and in particular those set out in the
Helsinki Final Act, the concluding documents of the Madrid, Vienna
and Copenhagen meetings and the Charter of Paris for a New Europe,
particularly with regard to the rule of law, democracy and human
rights, as well as those of the Bonn Conference on Economic
Cooperation;
CONSCIOUS that the respect for democratic principles and basic human
rights, as proclaimed in the Universal Declaration of Human Rights,
underpins the internal and international policies of the Community
and of the former Yugoslav Republic of Macedonia and constitutes an
essential element of this Agreement;
CONSCIOUS that the same applies to the principles of a market
economy as reflected in the document of the Bonn Conference on
Economic Cooperation;
RECOGNIZING the importance of social development which should go
hand in hand with any economic development;
RECOGNIZING the importance of guaranteeing the rights of ethnic and
national groups and minorities, in accordance with the undertakings
made within the Organization on Security and Cooperation in Europe
(OSCE);
AWARE of the importance of strengthening the democratic institutions
and of supporting the process of economic reform in the former
Yugoslav Republic of Macedonia, bearing in mind the overall
situation in the region and the particular economic difficulties of
the former Yugoslav Republic of Macedonia;
DESIROUS of establishing regular political dialogue on bilateral and
international issues of mutual interest with particular emphasis on
the creation of conditions facilitating the progressive
rapprochement of the former Yugoslav Republic of Macedonia with the
Community and favourable to cooperation and good-neighbourly
relations in the region;
CONSCIOUS that the readiness of the former Yugoslav Republic of
Macedonia to enter into such cooperation and relations with the
other countries in the region constitutes an important factor in the
development of the relations and cooperation between the Community
and the former Yugoslav Republic of Macedonia;
CONSCIOUS that this Agreement constitutes a first step of
contractual relations between the Community and the former Yugoslav
Republic of Macedonia and that the Contracting Parties desire to
strengthen their contractual relations as soon as possible, taking
full account of the aspirations of the former Yugoslav Republic of
Macedonia for an advanced relationship with the European Union,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their Plenipotentiaries:
THE EUROPEAN COMMUNITY:
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA:
WHO, having exchanged their full powers, found in good and due form,
HAVE AGREED AS FOLLOWS:
Article 1
The objective of this Agreement between the Community and the former
Yugoslav Republic of Macedonia is to promote comprehensive
cooperation between the Contracting Parties with a view to
contributing to the economic development of the former Yugoslav
Republic of Macedonia, in particular to the development of a market
economy, and to deepening relations between the Contracting Parties.
The Community's cooperation with and assistance to the former
Yugoslav Republic of Macedonia shall also contribute to good
neighbourly relations and the development of regional cooperation
and trade. To these ends, provisions and measures will be adopted
and implemented in the fields of economic, technical and financial
cooperation and trade.
The readiness of the former Yugoslav Republic of Macedonia to enter
into cooperative and good neighbourly relations with the other
countries of the region including the promotion of economic
cooperation and trade constitutes an important factor in the
development of the relations and cooperation between the Community
and the former Yugoslav Republic of Macedonia as foreseen in this
Agreement.
Respect for the democratic principles and human Rights established
by the Universal Declaration of Human rights, the Helsinki Final Act
and the Charter of Paris for a New Europe underpins the internal and
international policies of the Community and of the former Yugoslav
Republic of Macedonia, and constitutes an essential element of this
Agreement.
The same applies to the principles of a market economy as reflected
in the document of the Bonn Conference on Economic Cooperation.
The Contracting Parties acknowledge the importance of social
development which should go hand in hand with any economic
development. In this context the Contracting Parties give particular
priority to the respect for basic social rights.
TITLE I ECONOMIC, TECHNICAL AND FINANCIAL COOPERATION
Article 2
The Community and the former Yugoslav Republic of Macedonia shall
cooperate with the aim of contributing to the development of the
former Yugoslav Republic of Macedonia by efforts complementary to
those made by the former Yugoslav Republic of Macedonia itself and
of strengthening existing economic links between the former Yugoslav
Republic of Macedonia and the Community on as broad a basis as
possible, for the mutual benefit of the Contracting Parties.
Particular weight shall be attached to activities and cooperation of
interregional or trans-European interest.
Article 3
In order to achieve the cooperation referred to in Article 2,
account shall be taken, in particular, of the development objectives
and priorities of the former Yugoslav Republic of Macedonia.
Article 4
1. The purpose of cooperation between the Community and the former
Yugoslav Republic of Macedonia in the field of industry shall be to
promote in particular:
- Community involvement in the efforts made by the former Yugoslav
Republic of Macedonia to modernize and restructure its industry with
a view to facilitating the transition to a market economy and to
foster economic cooperation with the other countries in the region,
- market surveys and trade promotion by both Contracting Parties on
their respective markets and on the markets of third countries,
- the transfer and development of technology and know-how in the
former Yugoslav Republic of Macedonia,
- fostering of cooperation in long-term production between economic
operators of the Contracting Parties in order to establish more
stable and balanced links between their respective economies,
- efforts to find appropriate ways and means of removing any
barriers to trade on both sides which are likely to impede access to
either market,
- the putting up for tender of goods and services contracts,
- the organization of contacts and meetings between industrial
policy-makers, promoters and economic operators in order to
encourage the establishment of new relations in the field of
industry, in accordance with the objectives of this Agreement,
- the exchange of available information on short- and medium-term
prospects and forecasts for production, consumption and trade.
2. The Contracting Parties shall encourage the development and
strengthening of craft industries and small and medium-sized
enterprises (SMEs) and their organizations in the former Yugoslav
Republic of Macedonia, as well as cooperation between craft
industries and SMEs in the Community and the former Yugoslav
Republic of Macedonia.
To this end they shall encourage the exchange of information and the
transfer of technology, as well as cooperation between enterprises,
in particular by establishing appropriate links with Community
operators (such as BRE, BC-Net, Euro Info Centre network, etc.) and
by organizing direct business contacts between enterprises (such as
Interprise events and/or participation at Europartenariats).
3. In line with the principles of a market economy and of the Energy
Charter Treaty, the aim of cooperation in the field of energy
between the Community and the former Yugoslav Republic of Macedonia
shall be to encourage in particular the facilitation of energy
transit, the consideration of the possibility of the interconnection
of energy networks and the participation of the Contracting Parties'
economic operators in research, production and processing programmes
in connection with the energy resources of the former Yugoslav
Republic of Macedonia and any other projects of mutual interest.
4. The Contracting Parties shall cooperate with a view to promoting
the development of standards in mining and modernizing existing
facilities.
Article 5
The Contracting Parties shall cooperate in the field of research and
technological development in accordance with the existing
instruments.
Article 6
1. The main aims of cooperation in agriculture between the Community
and the former Yugoslav Republic of Macedonia shall be:
- to encourage scientific and technical cooperation on projects of
mutual interest, including projects in third countries,
- in particular, to promote mutually advantageous investment
projects and in that connection encourage efforts to achieve
complementarity.
2. To this end the Community and the former Yugoslav Republic of
Macedonia shall:
- step up the exchange of information on their agricultural policy
guidelines, including short- and medium-term production, consumption
and trade forecasts,
- facilitate and encourage the study of practical schemes for
cooperation in the mutual interest of both Contracting Parties,
- encourage the improvement and broadening of contacts between
economic operators.
Article 7
1. In the field of transport, the Community and the former Yugoslav
Republic of Macedonia shall examine the scope:
- for improving and developing international transport services
including combined transport, notably in order to achieve
complementarity taking into account the regional context, and
- for implementing specific schemes of mutual interest in this
field.
2. Cooperation shall also aim to encourage the improvement and
development of infrastructure, to the mutual benefit of the
Contracting Parties.
To this end the Community and the former Yugoslav Republic of
Macedonia shall exchange information on projects of mutual interest
to build trunk roads, and encourage cooperation in their execution.
3. In addition, the Community and the former Yugoslav Republic of
Macedonia shall hold exchanges of views and information on the
development of their respective transport policies.
Article 8
The Community and the former Yugoslav Republic of Macedonia shall
encourage exchanges of information on tourism and participation in
joint studies on possible ways of developing this sector in a
balanced and sustainable manner, and shall promote contacts between
their competent bodies and tourist trade associations, with a view
to increasing tourist flows.
Article 9
With the aim of improving health, the quality and circumstances of
life, the environment and living conditions of both Contracting
Parties, pooling technical know-how on environmental matters and
encouraging cooperation on environmental problems, the Community and
the former Yugoslav Republic of Macedonia shall exchange information
on developments in their respective policies with particular
emphasis on sustainable development and shall encourage the joint
implementation of specific schemes.
Article 10
1. In the context of financial cooperation, the Community and the
former Yugoslav Republic of Macedonia shall exchange information on
and undertake joint analyses of their medium-term economic policies,
balance-of-payments trends and the policies which determine them,
and capital market trends in European centres, with the aim of
promoting the activities of economic operators.
They shall exchange information in the Cooperation Council set up in
Article 33 on general conditions which may influence capital flows
earmarked for financing investment projects in various sectors of
mutual interest.
2. The Contracting Parties agree on the necessity of making every
effort and cooperating in order to prevent the use of their
financial systems for laundering of proceeds from criminal
activities in general and drug offences in particular.
3. The Community shall participate in the financing of capital
projects of mutual interest which take account of the objectives of
this Agreement, under the conditions laid down in Protocol 3.
4. Financial assistance will be made available under the PHARE
programme in accordance with Council Regulation (EEC) No 3906/89, as
amended, on a multiannual indicative basis including projects
promoting regional and other forms of cooperation.
Article 11
1. Within the limits of their powers, the Contracting Parties shall
make efforts to encourage and promote cooperation in the following
fields:
- establishment and supply of services, including financial
services,
- payment and movement of capital,
- information,
- development of human resources, education and training, social
affairs and public health,
- statistics and customs,
- telecommunications,
- standardization and certification,
- investment promotion and protection,
- public procurement.
2. The former Yugoslav Republic of Macedonia shall endeavour to
ensure that its legislation would be gradually made compatible with
that of the Community. The Community shall provide appropriate
technical assistance for this purpose.
3. The administrative authorities of the Contracting Parties shall
assist each other in the customs field, in accordance with the
provisions of Protocol 2.
Article 12
1. The Cooperation Council shall periodically define the general
guidelines of cooperation for the purpose of attaining the aims set
out in this Agreement.
2. The Cooperation Council shall be responsible for seeking ways and
means of establishing cooperation in the areas defined by this
Agreement.
TITLE II TRADE
Article 13
1. In the field of trade, the object of this Agreement is to promote
trade between the Contracting Parties, taking account of their
respective levels of development and of the need to ensure a better
balance in their trade, with a view to improving the conditions for
access for products of the former Yugoslav Republic of Macedonia to
the Community market.
2. The Community shall provide technical assistance for the
envisaged accession of the former Yugoslav Republic of Macedonia to
the World Trade Organization (WTO).
Article 14
Subject to the special provisions laid down or envisaged in respect
of certain products in this Title and in Protocol 2, products
originating in the former Yugoslav Republic of Macedonia other than
those listed in Annex II to the Treaty establishing the European
Community and in Annex A to this Agreement shall be imported into
the Community free of quantitative restrictions and measures having
equivalent effect, and of customs duties and charges having
equivalent effect.
Article 15
1. Imports into the Community of the products originating in the
former Yugoslav Republic of Macedonia listed in Annex C shall be
subject to annual ceilings, the ceilings fixed for the year of entry
into force of this Agreement being indicated against each product.
2. Imports into the Community of the products listed in Annexes D
and E shall be subject to annual tariff quotas, ceilings or
reference quantities, the quotas, ceilings and reference quantities
fixed for the year of entry into force of this Agreement being
indicated against each product.
3. Once a ceiling set for imports of a product is reached, the
customs duties generally applied in respect of third countries may
be reintroduced in respect of imports of the product in question
until the end of the calendar year.
4. Once a tariff quota set for imports of a product is reached, the
customs duties generally applied in respect of third countries will
be reintroduced in respect of imports of the product in question
until the end of the calendar year.
5. Once imports of a product subject to reference quantity exceeded
that reference quantity, a decision may be taken by the Community in
accordance with the appropriate Community procedure to make it
subject to a ceiling equal to the reference quantity, having regard
to the Community annual balance of trade in the product.
6. If, during two consecutive years, imports of a product listed in
Annex C have been less than 80 % of the amount laid down, the
Community may suspend the ceiling in question.
7. As from the second year following the entry into force of the
Agreement, the amounts of the ceilings given in Annex C shall be
increased annually by 5 % except that the Community may extend for a
period of one year the ceiling or ceilings set for the preceding
year.
9. Pending the conclusion of a separate agreement setting out
specific trade arrangements, the regime applicable to trade in
textile products (Chapters 50 to 63 of the combined nomenclature)
shall be the one defined by Council Regulation (EC) No 517/94.
10. The trade arrangements to apply to wine products will be defined
in a separate wine and spirit agreement.
Article 16
Imports into the Community of the products listed in Annex B shall
be subject to the tariff arrangements and rules indicated for each
of them in that Annex.
Article 17
1. For certain products which it considers to be sensitive, the
Community reserves the right to call upon the Cooperation Council to
determine such special conditions for access to its market as may
prove necessary.
The Cooperation Council shall determine the conditions in question
within a period not exceeding three months from the date of
notification. Failing a decision by the Cooperation Council within
that period, the Community may take the necessary measures. However,
such measures shall be of the same kind as those provided for in
Article 15.
2. For the purposes of implementing paragraph 1, the Contracting
Parties shall hold periodic exchanges of information in the
Cooperation Council before determining, if appropriate, special
conditions for access by the products concerned to the markets of
each of the Contracting Parties. The Contracting Parties shall
notably exchange information on trade flows and medium- and
long-term production and export forecasts.
3. The Cooperation Council shall examine periodically the measures
taken under paragraph 1 to ascertain whether they are compatible
with the objectives of this Agreement.
Article 18
The products referred to in this Agreement originating in the former
Yugoslav Republic of Macedonia may not be given more favourable
treatment when imported into the Community than that given by the
Member States among themselves.
Article 19
1. In the field of trade, the former Yugoslav Republic of Macedonia
shall grant the Community treatment no less favourable than
most-favoured-nation treatment. However, in order to promote
regional exchanges the former Yugoslav Republic of Macedonia will be
entitled during a transitional period expiring five years after the
entry into force of this Agreement to grant preferential treatment
to imports originating in other States which emerged from former
Yugoslavia or in other adjacent countries. The Cooperation Council
may decide a prolongation of this period.
2. Without prejudice to Article 20 (2), the former Yugoslav Republic
of Macedonia will refrain, as from this Agreement's entry into
force, from imposing on exports to the Community new customs duties
and charges having equivalent effect or new quantitative
restrictions and measures having equivalent effect.
Article 20
1. The Contracting Parties shall inform each other when this
Agreement is signed of the provisions relating to the trade
arrangements they apply.
2. Subject to Article 19 (1), the former Yugoslav Republic of
Macedonia shall be entitled to introduce into its trade arrangements
with the Community new customs duties and charges having equivalent
effect or new quantitative restrictions and measures having
equivalent effect, and to increase the duties and charges or the
quantitative restrictions and measures having equivalent effect
applied to products originating in or intended for the Community,
insofar as such measures are necessitated by the needs of the former
Yugoslav Republic of Macedonia for infant industries and
restructuring. In accordance with the objectives of this Agreement,
the measures selected by the former Yugoslav Republic of Macedonia
shall be those which least harm the trade and economic interests of
the Community.
3. The former Yugoslav Republic of Macedonia shall inform the
Community of the envisaged measures so that appropriate discussions
may be held on them prior to their introduction.
4. The Cooperation Council shall examine periodically the measures
taken by the former Yugoslav Republic of Macedonia under paragraph
2.
Article 21
The concept of originating products for the purposes of implementing
Title II and the methods of administrative cooperation relating
thereto are laid down in Protocol 2.
Article 22
In the event of modifications to the nomenclature of the customs
tariffs of the Contracting Parties affecting products referred to in
this Agreement, the Cooperation Council may adapt the tariff
nomenclature of these products to conform with such modifications,
provided the real advantages resulting from this Agreement are
maintained.
Article 23
The Contracting Parties shall refrain from any internal tax
establishing, whether directly or indirectly, discrimination between
the products of one Contracting Party and like products originating
in the territory of the other Contracting Party.
Products exported to the territory of one of the Contracting Parties
may not benefit from repayment of internal indirect taxation in
excess of the amount of indirect taxation imposed upon them.
Article 24
The Contracting Parties undertake to authorize in freely convertible
currency, any payments on the current account balance of payments
between residents of the Community and of the former Yugoslav
Republic of Macedonia connected with the movements of goods made in
accordance with the provisions of this Agreement.
Article 25
The former Yugoslav Republic of Macedonia shall take measures
guaranteeing effective and appropriate protection of intellectual,
industrial and commercial property, including effective means for
enforcing such rights, at a level similar to that which exists in
the Community, and shall accede to international conventions on
intellectual, industrial and commercial property.
Article 26
The Agreement shall not preclude prohibitions or restrictions on
imports, exports or goods in transit justified on grounds of public
morality, public policy or public security; the protection of health
and life of humans, animals or plants; the protection of national
treasures possessing artistic, historic or archaeological value; the
protection of intellectual, industrial and commercial property. Such
prohibitions or restrictions must not, however, constitute a means
of arbitrary discrimination or a disguised restriction on trade
between the Contracting Parties.
Article 27
1. If one of the Contracting Parties finds that dumping is taking
place in trade with the other Contracting Party, it may, pursuant to
Article VI of the General Agreement on Tariffs and Trade (GATT 1994)
and the Agreement on implementation of Article VI of GATT 1994, take
appropriate measures against this practice in accordance with the
procedures laid down in Article 30.
2. In the event of measures being taken against subsidies, the
Contracting Parties undertake to observe the provisions of the
Agreement on subsidies and countervailing duties annexed to the WTO
Agreement.
Article 28
Where any product is being imported into the territory of one of the
Contracting Parties in such increased quantities or under such
conditions as to cause or threaten to cause injury to domestic
producers of like or directly competitive products, the Contracting
Party concerned may take the necessary safeguard measures under the
conditions and in accordance with the procedures laid down in
Article 30.
Article 29
In the event of a Contracting Party subjecting imports of products
liable to give rise to the difficulties referred to in Article 28 to
an administrative procedure aimed at providing rapid information on
the trend of trade flows, it shall inform the other Contracting
Party.
Article 30
1. With regard to Article 27 (1), the Cooperation Council must be
informed of a case of dumping as soon as the authorities of the
importing Contracting Party have started the investigation. If the
dumping has not ceased or if no other satisfactory solution has been
found within 30 days following notification of the matter to the
Cooperation Council, the importing Contracting Party may adopt
appropriate measures.
2. In the cases specified in Article 28, before taking the measures
provided for therein or, in cases to which paragraph 3 applies, as
soon as possible, the Contracting Party in question shall supply the
Cooperation Council with all relevant information required for a
thorough examination of the situation, with a view to seeking a
solution acceptable to the Contracting Parties. Consultations shall
take place in the Cooperation Council before the Contracting Party
concerned takes the appropriate measures, should the other
Contracting Party so request.
3. Where exceptional circumstances require immediate action making
prior examination impossible, the Contracting Party concerned may,
in the situations specified in Articles 27 and 28, apply forthwith
such precautionary measures as are strictly necessary to remedy the
situation.
4. In the selection of measures, priority must be given to those
which least disturb the functioning of the Agreement. Such measures
must not exceed the limits of what is strictly necessary to
counteract the difficulties which have arisen.
The safeguard measures shall be notified immediately to the
Cooperation Council, which shall hold periodic consultations on
them, particularly with a view to their abolition as soon as
circumstances permit.
Article 31
In the event of a sudden and very substantial worsening of a trade
imbalance which is liable to jeopardize the smooth functioning of
this Agreement, the Contracting Parties shall hold special
consultations within the Cooperation Council to examine the
difficulties that have arisen with a view to keeping this Agreement
functioning as normally as possible.
Article 32
Where one or more Member States of the Community or the former
Yugoslav Republic of Macedonia is in serious difficulties or is
seriously threatened with difficulties as regards its balance of
payments, the Contracting Party concerned may take the necessary
safeguard measures. In the selection of measures, priority must be
given to those which least disturb the functioning of this
Agreement. They shall be notified immediately to the other
Contracting Party and shall be the subject of periodic consultations
within the Cooperation Council, particularly with a view to their
abolition as soon as circumstances permit.
TITLE III GENERAL AND FINAL PROVISIONS
Article 33
1. A Cooperation Council is hereby established. It shall have the
power, for the purpose of attaining the objectives set out in this
Agreement, to take decisions in the cases provided for in this
Agreement.
The decisions taken shall be binding on the Contracting Parties,
which shall take such measures as are required to implement them.
2. The Cooperation Council may also formulate any resolutions,
recommendations or opinions which it considers desirable for the
attainment of the common objectives and the smooth functioning of
this Agreement.
1. The Cooperation Council shall be composed of representatives of
the Community, on the one hand, and of representatives of the former
Yugoslav Republic of Macedonia, on the other.
The European Investment Bank shall participate in the work of the
Cooperation Council where matters falling within its competence
arise.
3. The Cooperation Council shall act by mutual agreement between the
Community, on the one hand, and the former Yugoslav Republic of
Macedonia, on the other.
Article 35
1. The office of Chairman of the Cooperation Council shall be held
alternately by each of the Contracting Parties in accordance with
the conditions to be laid down in the rules of procedure.
2. Meetings of the Cooperation Council shall be called once a year
by its Chairman.
The Cooperation Council shall hold whatever additional meetings may
be necessary, at the request of either Contracting Party, as laid
down in its rules of procedure.
Article 36
1. The Cooperation Council may decide to set up working parties that
can assist in carrying out its duties.
2. In its rules of procedure, the Cooperation Council shall
determine the composition and duties of such working parties and how
they shall function.
Article 37
Where, in the course of the exchanges of information provided for in
this Agreement, problems arise or seem likely to arise in the
general functioning of this Agreement, particularly in the field of
trade, consultations shall take place between the Contracting
Parties in the Cooperation Council with a view to avoiding market
disturbances as far as possible.
Article 38
Either Contracting Party shall provide, if so requested by the other
Contracting Party, all relevant information on any agreements it
concludes containing tariff or trade provisions, and on any
amendments to its customs tariff or external trade arrangements.
Where such amendments or agreements have a direct and specific
impact on the functioning of this Agreement, appropriate
consultations shall be held within the Cooperation Council at the
request of the other Contracting Party so that the interests of the
Contracting Parties may be taken into consideration.
Article 39
When the Community concludes an association or cooperation agreement
having a direct and specific impact on the functioning of this
Agreement, appropriate consultations shall be held within the
Cooperation Council so that the Community may take into
consideration the interests of the Contracting Parties as defined by
this Agreement.
In the event of a third country acceding to the Community,
appropriate consultations shall be held within the Cooperation
Council so that the interests of the Contracting Parties as defined
by this Agreement may be taken into consideration.
Article 40
1. The Contracting Parties shall take any general or specific
measures required to fulfil their obligations under this Agreement.
They shall see to it that the objectives of this Agreement are
attained.
2. If either Contracting Party considers that the other Contracting
Party has failed to fulfil any of its obligations under this
Agreement, it may take appropriate measures. Before so doing, except
in cases of special urgency, it shall supply the Cooperation Council
with all relevant information required for a thorough examination of
the situation, with a view to seeking a solution acceptable to the
Parties.
3. In the selection of measures, priority shall be given to those
which least disturb the functioning of this Agreement. These
measures shall be notified immediately to the Cooperation Council,
and consultations shall be held on them within it, if the other
Contracting Party so requests.
Article 41
1. Any dispute which arises between the Contracting Parties
concerning the interpretation of this Agreement may be placed before
the Cooperation Council.
2. If the Cooperation Council fails to settle the dispute at its
next meeting, either Contracting Party may notify the other of the
appointment of an arbitrator; the other Party must then appoint a
second arbitrator within two months.
The Cooperation Council shall appoint a third arbitrator.
The decisions of the arbitrators shall be taken by majority vote.
Each Party to the dispute must take the measures required for the
implementation of the arbitrators' decision.
Article 42
In the fields covered by this Agreement:
- the arrangements applied by the former Yugoslav Republic of
Macedonia in respect of the Community shall not give rise to any
discrimination between the Member States and their nationals,
whether natural or legal persons,
- the arrangements applied by the Community in respect of the former
Yugoslav Republic of Macedonia shall not give rise to any
discrimination between its nationals, whether natural or legal
persons.
Article 43
Annexes A, B, C, D, and E and Protocols 1, 2 and 3 shall form an
integral part of this Agreement.
Article 44
This Agreement is concluded for an unlimited period.
Either Contracting Party may denounce this Agreement by notifying
the other Contracting Party.
This Agreement shall cease to apply six months after the date of
such notification.
Article 45
The Contracting Parties shall examine, in due course, when
conditions are met, the possibility of strengthening their
contractual relations, bearing in mind the aspiration of the former
Yugoslav Republic of Macedonia for an advanced relationship towards
an association with the European Community.
Article 46
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 former Yugoslav Republic of Macedonia.
Article 47
This Agreement is drawn up in duplicate in each of the official
languages of the Contracting Parties, each of these texts being
equally authentic.
Article 48
The Secretary-General of the Council of the European Union shall be
the depository of this Agreement.
Article 49
This Agreement shall be approved by the Contracting Parties in
accordance with their own procedures.
This Agreement shall enter into force on the first day of the second
month following notification that the procedures referred to in the
first paragraph have been completed.
ANNEX A concerning the products referred to in Article 14
Notwithstanding the rules for the interpretation of the combined
nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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ANNEX B concerning the tariff arrangements and rules applicable to
certain goods resulting from the processing of agricultural products
referred to in Article 16
Notwithstanding the rules for the interpretation of the combined
nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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ANNEX C concerning the annual ceilings referred to in Article 15 (1)
Notwithstanding the rules for the interpretation of the combined
nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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ANNEX D Products referred to in Article 15 (2)
IMPORTS INTO THE COMMUNITY OF THE FOLLOWING PRODUCTS SHALL BENEFIT
FROM AN EXEMPTION FROM CUSTOMS DUTY
Notwithstanding the rules for the interpretation of the combined
nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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Appendix 1 to Annex D
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DEFINITION
Plum spirit with an alcoholic strength of 40 % vol or more, marketed
under the name OSLJIVOVICA, corresponding to the specifications laid
down in the Regulation relating to the quality of spirituous
beverages, being in force in the Republics and territory referred to
in this Regulation.
DÉFINITION
Eau-de-vie de prunes ayant un titre alcoomłtrique łgal ou supłrieur
š 40 % vol, commercialisłe sous la dłnomination SLJIVOVICA
correspondant š la spłcification reprise dans la rłglementation
relative š la qualitł des boissons alcooliques en vigueur dans les
rłpubliques et territoires visłs par le prłsent rųglement.
Appendix 2 to Annex D
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ANNEX E Products referred to in Article 15 (2)
IMPORTS INTO THE COMMUNITY OF THE FOLLOWING PRODUCTS SHALL BE
SUBJECT TO AN 80 % REDUCTION OF CUSTOMS DUTY
Notwithstanding the rules for the interpretation of the combined
nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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PROTOCOL 1 on additional trade arrangements for certain iron and
steel products
Article 1
This Protocol shall apply to the products listed in Chapters 72 and
73 of the Common Customs Tariff (1) under the following headings:
7204, 7208 to 7212, 7303 to 7306. It shall also apply to other
finished steel products which may originate in future in the former
Yugoslav Republic of Macedonia.
Article 2
1. Imports into the Community of the products originating in the
former Yugoslav Republic of Macedonia listed in Annex I to this
Protocol shall be subject to annual tariff ceilings, the ceilings
fixed for the year of entry into force of the Agreement being
indicated against each product.
2. As from the second year following the entry into force of the
Agreement, the amounts of the tariff ceilings given in Annex I shall
be increased annually by 5 % except that the Community may extend
for a period of one year the ceiling or ceilings set for the
preceding year.
Article 3
1. Quantitative restrictions, customs duties or charges on exports
to the Community and any measures having equivalent effect shall be
abolished by the former Yugoslav Republic of Macedonia upon entry
into force of the Agreement, with the exception of those applying to
ferrous waste and scrap under the complete CN heading 7204, which
shall be progressively reduced and shall be eliminated at the latest
by the end of the second year after the entry into force of the
Agreement.
2. The former Yugoslav Republic of Macedonia will liberalize
progressively the export restrictions relating to wastes and scrap
of ferrous metals. It will therefore permit the export of these
products to the Community within the following quantitative limits:
20 000 tonnes in the first year after the entry into force of the
Agreement and 35 000 tonnes in the second year after the entry into
force of the Agreement.
3. The authorities of the former Yugoslav Republic of Macedonia will
notify the Community, within three months of the entry into force of
the Agreement, of the internal measures taken to implement fully
this progressive liberalization and will send the Community details
of the export licences issued and of exports realized at six-monthly
intervals. The Contact Group will periodically review the
progressive liberalization of the export restrictions and, where
appropriate, make recommendations to the Cooperation Council.
Article 4
Where any product is being imported into the territory of one of the
Contracting Parties in such increased quantities or under such
conditions as to cause or threaten to cause injury to domestic
producers of like or directly competitive products or serious
disturbances to the steel markets of the other Contracting Party,
the Contracting Parties shall enter into consultations immediately
to find an appropriate solution before the Contracting Party
concerned takes the appropriate measures. In the selection of
measures, priority must be given to those which least disturb the
functioning of the Agreement.
Article 5
1. The Contracting Parties recognize the need for an administrative
procedure having as its purpose the rapid provision of information
on the trend in trade flows in respect of the trade in steel
products originating in the former Yugoslav Republic of Macedonia in
order to increase transparency and to avoid possible diversions of
trade.
2. The Contracting Parties therefore agree to establish a
double-checking system, without quantitative limits, for the import
into the Community of steel products originating in the former
Yugoslav Republic of Macedonia; to exchange statistical information
on export and surveillance documents and to hold consultations
promptly on any problems arising from the operation of such a
system.
3. The details of the double-checking system are contained in Annex
II to this Protocol. The continuing need for this system shall be
regularly reviewed. The Annex may subsequently be amended or the
double-checking system abolished by means of a Decision of the
Cooperation Council.
Article 6
The Contracting Parties commit themselves to close cooperation in
matters relating to the iron and steel industry, particularly in the
areas listed in Article 4 of the Agreement. In this context, they
agree to ensure transparency through regular exchanges of
information on policy in areas such as competition, public aid and
restructuring.
Article 7
The Parties agree that one of the special bodies established by the
Cooperation Council shall be a Contact Group responsible for
discussing the implementation of this Protocol.
(1) Commission Regulation (EC) No 1734/96 of 9 September 1996
amending Annex I to Council Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common Customs Tariff
(OJ L 238, 19. 9. 1996, p. 1).
ANNEX I
Notwithstanding the rules for the interpretation of the Combined
Nomenclature, the wording for the description of the products is to
be considered as having no more than an indicative value, the
preferential scheme being determined, within the context of this
Annex, by the coverage of the CN codes. Where ex CN codes are
indicated, the preferential scheme is to be determined by
application of the CN code and corresponding description taken
together.
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ANNEX II concerning the introduction of a double-checking system for
the export of certain ECSC and EC steel products from the former
Yugoslav Republic of Macedonia to the European Communities
Article 1
1. From the date of entry into force of the Cooperation Agreement
between the European Community and the former Yugoslav Republic of
Macedonia (hereinafter referred to as respectively 'the Agreement`
and 'the Community`), imports into the Community of the products
listed in Appendix I originating in the former Yugoslav Republic of
Macedonia shall be subject to the presentation of a surveillance
document conforming to the model shown in Appendix II issued by the
authorities in the Community.
2. The classification of the products covered by this Protocol is
based on the tariff and statistical nomenclature of the Community
(hereinafter called the 'combined nomenclature`, or in abbreviated
form 'CN`). The origin of the products covered by this Protocol
shall be determined in accordance with the rules in force in the
Community.
3. The competent authorities of the Community undertake to inform
the former Yugoslav Republic of Macedonia of any changes in the
combined nomenclature (CN) in respect of products covered by the
double-checking system before the date of their entry into force in
the Community.
4. Import into the Community of the iron and steel products listed
in Appendix I and which originate in the former Yugoslav Republic of
Macedonia shall, in addition, be subject to the issue of an export
document by the competent authorities of the former Yugoslav
Republic of Macedonia. In order to avoid problems at the end of a
year, presentation by the importer of the original of the export
document must be effected not later than 31 March of the year
following that in which in the goods covered by the document were
shipped.
5. An export document will not be required for goods already shipped
before the date of entry into force of the Agreement, provided that
the destination of such products is not changed from a non-Community
destination and that those products which, under the prior
surveillance regime applicable in 1996, could be imported only on
presentation of a surveillance document are in fact accompanied by
such a document.
6. Shipment is considered to have taken place on the date of loading
onto the exporting means of transport.
III. It shall be valid for exports throughout the customs territory
of the Community.
8. The former Yugoslav Republic of Macedonia shall notify the
Commission of the European Communities of the names and addresses of
the appropriate governmental authorities of the former Yugoslav
Republic of Macedonia which are authorized to issue and to verify
export documents together with specimens of the stamps and
signatures they use. The former Yugoslav Republic of Macedonia shall
also notify the Commission of any change in these particulars.
9. Certain technical provisions on the implementation of the
double-checking system are set out in Appendix IV.
Article 2
1. The former Yugoslav Republic of Macedonia undertakes to supply
the Community with precise statistical information on the export
documents issued by the authorities of the former Yugoslav Republic
of Macedonia pursuant to Article 1. Such information shall be
transmitted to the Community by the end of the month following the
month to which the statistics relate.
2. The Community undertakes to supply the authorities of the former
Yugoslav Republic of Macedonia with precise statistical information
on surveillance documents issued by Member States in respect of the
products listed in Appendix I. Such information shall be transmitted
to the authorities of the former Yugoslav Republic of Macedonia by
the end of the month following the month to which the statistics
relate.
Article 3
If necessary, at the request of either of the Parties, consultations
shall be held on any problems arising from the operation of the
double-checking system. Such consultations shall be held promptly.
Any consultations held under this Article shall be approached by
both Parties in a spirit of cooperation and with a desire to
reconcile the difference between them.
Article 4
Any notices to be given hereunder shall be given:
- in respect of the Community, to the Commission of the European
Communities (DG I/D/2 and DG III/C/2),
- in respect of the former Yugoslav Republic of Macedonia, to its
Mission to the European Communities, the Ministry of Foreign Affairs
and the Ministry of Economy.
Appendix I to Annex II
THE FORMER YUGOSLAV REPUBLIC OF MACEDONA
LIST OF PRODUCTS SUBJECT TO DOUBLE-CHECKING
Complete CN heading 7208
Complete CN heading 7209
Complete CN heading 7210
Complete CN heading 7211
Complete CN heading 7212
Complete CN heading 7303
Complete CN heading 7304
Complete CN heading 7305
Complete CN heading 7306
Appendix II to Annex II
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Appendix III to Annex II
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Annex IV to Annex II
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA
Technical annex on the double-checking system
1. The export documents shall measure 210 × 297 mm. The paper used
shall be white writing paper, sized, not containing mechanical pulp,
and weighing not less than 25 g/m². They shall be made out in
English. If they are completed by hand, entries must be in ink and
in printed script. These documents may comprise additional copies
duly indicated as such. If the documents have several copies only
the top copy is the original. This copy shall be clearly marked as
'original` and other copies as 'copies`. Only the original shall be
accepted by the competent authorities of the Community as being
valid for the control of export to the Community in accordance with
the provisions of the double-checking system.
2. Each document shall bear a standardized serial number, whether or
not printed, by which it can be identified. This number shall be
composed of the following elements:
- a two-digit number identifying the exporting country as follows:
96,
- a two-digit number identifying the intended Member State of
customs clearance as follows:
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- a one-digit number identifying the year, corresponding to the last
figure in the respective year, e. g. 7 for 1997,
- a two-digit number from 01 to 99, identifying the particular
issuing office concerned in the exporting country,
- a five-digit number running consecutively from 00001 to 99999
allocated to the intended Member State of customs clearance.
3. The export documents shall be valid for four months from the date
of their issue. Export documents may be renewed or prolonged.
4. Since the importer needs to present the original export document
when requesting an import document, export documents should, as far
as possible, be issued in respect of individual commercial
transactions, not global contracts.
5. The former Yugoslav Republic of Macedonia need not show price
information on the export document if there is a genuine need to
protect commercial confidentiality. In such cases, Box 9 of the
export document should indicate the reason for not showing the price
information and that it is available to the competent authorities of
the European Communities on request.
6. Export documents may be issued after the shipment of the products
to which they relate. In such cases they must bear the endorsement
'issued retrospectively`.
7. In the event of theft, loss or destruction of an export document,
the exporter may apply to the competent governmental authority which
issued the document for a duplicate to be made out on the basis of
the export documents in his possession. The duplicate of any such
document so issued shall bear the endorsement 'duplicate`. The
duplicate shall bear the date of the original export document.
8. The competent authorities of the Community shall be informed
immediately of the withdrawal or modification of any export
documents already issued and, where relevant, of the basis for such
action.
PROTOCOL 2 on the definition of the concept of 'originating
products` and methods of administrative cooperation
TABLE OF CONTENTS
Page
TITLE I GENERAL PROVISIONS . 65
- Article 1 Definitions . 65
TITLE II DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS` . 65
- Article 2 General requirements . 65
- Article 3 Bilateral cumulation of origin . 65
- Article 4 Wholly obtained products . 66
- Article 5 Sufficiently worked or processed products . 66
- Article 6 Insufficient working or processing operations . 67
- Article 7 Unit of qualification . 67
- Article 8 Accessories, spare parts and tools . 67
- Article 9 Sets . 67
- Article 10 Neutral elements . 67
TITLE III TERRITORIAL REQUIREMENTS . 68
- Article 11 Principle of territoriality . 68
- Article 12 Direct transport . 68
- Article 13 Exhibitions . 68
TITLE IV DRAWBACK OR EXEMPTION . 69
- Article 14 Prohibition of drawback of, or exemption from, customs
duties . 69
TITLE V PROOF OF ORIGIN . 69
- Article 15 General requirements . 69
- Article 16 Procedure for the issue of an EUR.1 movement
certificate . 69
- Article 17 EUR.1 movement certificates issued retrospectively . 70
- Article 18 Issue of a duplicate EUR.1 movement certificate . 70
- Article 19 Issue of EUR.1 movement certificates on the basis of a
proof of origin issued or made out previously . 71
- Article 20 Conditions for making out an invoice declaration . 71
- Article 21 Approved exporter . 71
- Article 22 Validity of proof of origin . 71
- Article 23 Submission of proof of origin . 72
- Article 24 Importation by instalments . 72
- Article 25 Exemptions from proof of origin . 72
- Article 26 Supporting documents . 72
- Article 27 Preservation of proof of origin and supporting
documents . 72
- Article 28 Discrepancies and formal errors . 73
- Article 29 Amounts expressed in ecu . 73
TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION . 73
- Article 30 Mutual assistance . 73
- Article 31 Verification of proofs of origin . 73
- Article 32 Dispute settlement . 74
- Article 33 Penalties . 74
- Article 34 Free zones . 74
TITLE VII CEUTA AND MELILLA . 74
- Article 35 Application of the Protocol . 74
- Article 36 Special conditions . 74
TITLE VIII FINAL PROVISIONS . 75
- Article 37 Amendments to the Protocol . 75
TITLE I GENERAL PROVISIONS
Article 1 Definitions
For the purposes of this Protocol:
(a) 'manufacture` means any kind of working or processing including
assembly or specific operations;
(b) 'material` means any ingredient, raw material, component or
part, etc., used in the manufacture of the product;
(c) 'product` means the product being manufactured, even if it is
intended for later use in another manufacturing operation;
(d) 'goods` means both materials and products;
(e) 'customs value` means the value as determined in accordance with
the 1994 Agreement on implementation of Article VII of the General
Agreement on Tariffs and Trade (WTO Agreement on customs valuation);
(f) 'ex-works price` means the price paid for the product ex works
to the manufacturer in the Community or the former Yugoslav Republic
of Macedonia in whose undertaking the last working or processing is
carried out, provided the price includes the value of all the
materials used, minus any internal taxes which are, or may be,
repaid when the product obtained is exported;
(g) 'value of materials` means the customs value at the time of
importation of the non-originating materials used, or, if this is
not known and cannot be ascertained, the first ascertainable price
paid for the materials in the Community or the Former Yugoslav
Republic of Macedonia;
(h) 'value of originating materials` means the value of such
materials as defined in subparagraph (g) applied mutatis mutandis;
(i) '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 Commodity 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 the 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 the Agreement, the following
products shall be considered as originating in the former Yugoslav
Republic of Macedonia:
(a) products wholly obtained in the former Yugoslav Republic of
Macedonia within the meaning of Article 4 of this Protocol;
(b) products obtained in the former Yugoslav Republic of Macedonia
incorporating materials which have not been wholly obtained there,
provided that such materials have undergone sufficient working or
processing in the former Yugoslav Republic of Macedonia within the
meaning of Article 5 of this Protocol.
Article 3 Bilateral cumulation of origin
1. Materials originating in the Community shall be considered as
materials originating in the former Yugoslav Republic of Macedonia
when incorporated into a product obtained there. It shall not be
necessary that such materials have undergone sufficient working or
processing, provided they have undergone working or processing going
beyond that referred to in Article 6 (1) of this Protocol.
2. Materials originating in the former Yugoslav Republic of
Macedonia shall be considered as materials originating in the
Community when incorporated into a product obtained there. It shall
not be necessary that such materials have undergone sufficient
working or processing, provided they have undergone working or
processing going beyond that referred to in Article 6 (1) of this
Protocol.
Article 4 Wholly obtained products
1. The following shall be considered as wholly obtained in the
Community or the former Yugoslav Republic of Macedonia:
(a) mineral products extracted from their soil or from their seabed;
(b) vegetable products harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products obtained by hunting or fishing conducted there;
(f) products of sea fishing and other products taken from the sea
outside the territorial waters of the Community or the former
Yugoslav Republic of Macedonia by their vessels;
(g) products made aboard their factory ships exclusively from
products referred to in subparagraph (f);
(h) used articles collected there fit only for the recovery of raw
materials, including used tyres fit only for retreading or for use
as waste;
(i) waste and scrap resulting from manufacturing operations
conducted there;
(j) products extracted from marine soil or subsoil outside their
territorial waters provided that they have sole rights to work that
soil or subsoil;
(k) goods produced there exclusively from the products specified in
subparagraphs (a) to (j).
2. The terms 'their vessels` and 'their factory ships` in paragraph
1 (f) and (g) shall apply only to vessels and factory ships:
(a) which are registered or recorded in an EC Member State or in the
former Yugoslav Republic of Macedonia;
(b) which sail under the flag of an EC Member State or of the former
Yugoslav Republic of Macedonia;
(c) which are owned to an extent of at least 50 % by nationals of EC
Member States or of the former Yugoslav Republic of Macedonia, or by
a company with its head office in one of these States, of which the
manager or managers, Chairman of the Board of Directors or the
Supervisory Board, and the majority of the members of such boards
are nationals of EC Member States or of the former Yugoslav Republic
of Macedonia and of which, in addition, in the case of partnerships
or limited companies, at least half the capital belongs to those
States or to public bodies or nationals of the said States;
(d) of which the master and officers are nationals of EC Member
States or of the former Yugoslav Republic of Macedonia; and
(e) of which at least 75 % of the crew are nationals of EC Member
States or of the former Yugoslav Republic of Macedonia.
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 the 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 former Yugoslav
Republic of Macedonia;
(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
former Yugoslav Republic of Macedonia on a given product shall be
considered together when determining whether the working or
processing undergone by that product is to be regarded as
insufficient within the meaning of paragraph 1.
Article 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 former Yugoslav Republic of Macedonia.
2. If originating goods exported from the Community or the former
Yugoslav Republic of Macedonia to another country are returned, they
must be considered as non-originating, unless it can be demonstrated
to the satisfaction of the customs authorities that:
(a) the 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 former Yugoslav Republic of Macedonia. However, products
constituting one single consignment may be transported through other
territories with, should the occasion arise, trans-shipment or
temporary warehousing in such territories, provided that they remain
under the surveillance of the customs authorities in the country of
transit or warehousing and do not undergo operations other than
unloading, reloading or any operation designed to preserve them in
good condition.
Originating products may be transported by pipeline across territory
other than that of the Community or the former Yugoslav Republic of
Macedonia.
2. Evidence that the conditions set out in paragraph 1 have been
fulfilled shall be supplied to the customs authorities of the
importing country by the production of:
(a) a single transport document covering the passage from the
exporting country through the country of transit; or
(b) a certificate issued by the customs authorities of the country
of transit:
(i) giving an exact description of the products;
(ii) stating the dates of unloading and reloading of the products
and, where applicable, the names of the ships, or the other means of
transport used; and
(iii) certifying the conditions under which the products remained in
the transit country; or
(c) failing these, any substantiating documents.
Article 13 Exhibitions
1. Originating products, sent for exhibition in another country and
sold after the exhibition for importation in the Community or the
former Yugoslav Republic of Macedonia, shall benefit on importation
from the provisions of the Agreement provided it is shown to the
satisfaction of the customs authorities that:
(a) an exporter has consigned these products from the Community or
the former Yugoslav Republic of Macedonia to the country in which
the exhibition is held and has exhibited them there;
(b) the products have been sold or otherwise disposed of by that
exporter to a person in the Community or the former Yugoslav
Republic of Macedonia;
(c) the products have been consigned during the exhibition or
immediately thereafter in the state in which they were sent for
exhibition; and
(d) the products have not, since they were consigned for exhibition,
been used for any purpose other than demonstration at the
exhibition.
2. A proof of origin must be issued or made out in accordance with
the provisions of Title V and submitted to the customs authorities
of the importing country in the normal manner. The name and address
of the exhibition must be indicated thereon. Where necessary,
additional documentary evidence of the conditions under which they
have been exhibited may be required.
3. Paragraph 1 shall apply to any trade, industrial, agricultural or
crafts exhibition, fair or similar public show or display which is
not 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 former Yugoslav Republic of
Macedonia for which a proof of origin is issued or made out in
accordance with the provisions of Title V shall not be subject in
the Community or the former Yugoslav Republic of Macedonia to
drawback of, or exemption from, customs duties of whatever kind.
2. The prohibition in paragraph 1 shall apply to any arrangement for
refund, remission or non-payment, partial or complete, of customs
duties or charges having an equivalent effect, applicable in the
Community or the former Yugoslav Republic of Macedonia to materials
used in the manufacture 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, on 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 on export in
accordance with the provisions of the Agreement.
6. Notwithstanding paragraph 1, the former Yugoslav Republic of
Macedonia may apply arrangements for drawback of, or exemption from,
customs duties or charges having an equivalent effect, applicable to
materials used in the manufacture of originating products, subject
to the following provisions:
(a) a 5 % rate of customs charge shall be retained in respect of
products falling within Chapters 25 to 49 and 64 to 97 of the
Harmonized System, or such lower rate as is in force in the former
Yugoslav Republic of Macedonia;
(b) a 10 % rate of customs charge shall be retained in respect of
products falling within Chapters 50 to 63 of the Harmonized System,
or such lower rate as is in force in the former Yugoslav Republic of
Macedonia.
The provisions of this paragraph shall apply until 31 December 1998
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 former Yugoslav Republic of Macedonia, and products originating
in the former Yugoslav Republic of Macedonia shall, on importation
into the Community, benefit from this Agreement on submission of
either:
(a) an EUR.1 movement certificate, 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 an EUR.1 movement certificate
1. An EUR.1 movement certificate shall be issued by the customs
authorities of the exporting country on application having been made
in writing by the exporter or, under the exporter's responsibility,
by his authorized representative.
2. For this purpose, the exporter or his authorized representative
shall fill out both the EUR.1 movement certificate 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 an EUR.1 movement
certificate shall be prepared to submit at any time, at the request
of the customs authorities of the exporting country where the EUR.1
movement certificate is issued, all appropriate documents proving
the originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. An EUR.1 movement certificate shall be issued by the customs
authorities of an EC Member State or the former Yugoslav Republic of
Macedonia if the products concerned can be considered as products
originating in the Community, the former Yugoslav Republic of
Macedonia and fulfil the other requirements of this Protocol.
5. The issuing customs authorities shall take any steps necessary to
verify the originating status of the products and the fulfilment of
the other requirements of this Protocol. For this purpose, they
shall have the right to call for any evidence and to carry out any
inspection of the exporter's accounts or any other check considered
appropriate. The issuing customs authorities shall also ensure that
the forms referred to in paragraph 2 are duly completed. In
particular, they shall check whether the space reserved for the
description of the products has been completed in such a manner as
to exclude all possibility of fraudulent additions.
6. The date of issue of the EUR.1 movement certificate shall be
indicated in box 11 of the certificate.
7. An EUR.1 movement certificate 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 EUR.1 movement certificates issued retrospectively
1. Notwithstanding Article 16 (7), an EUR.1 movement certificate may
exceptionally be issued after exportation of the products to which
it relates if:
(a) it was not issued at the time of exportation because of errors
or involuntary omissions or special circumstances; or
(b) it is demonstrated to the satisfaction of the customs
authorities that an EUR.1 movement certificate was issued but was
not accepted at importation for technical reasons.
2. For the implementation of paragraph 1, the exporter must indicate
in his application the place and date of exportation of the products
to which the EUR.1 movement certificate relates, and state the
reasons for his request.
3. The customs authorities may issue an EUR.1 movement certificate
retrospectively only after verifying that the information supplied
in the exporter's application agrees with that in the corresponding
file.
4. EUR.1 movement certificates issued retrospectively must be
endorsed with one of the following phrases:
'NACHTRÄGLICH AUSGESTELLT`, 'DÉLIVRÉ A POSTERIORI`, 'RILASCIATO A
POSTERIORI`, 'AFGEGEVEN A POSTERIORI`, 'ISSUED RETROSPECTIVELY`,
'UDSTEDT EFTERFŲLGENDE`, '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 EUR.1 movement certificate.
Article 18 Issue of a duplicate EUR.1 movement certificate
1. In the event of theft, loss or destruction of an EUR.1 movement
certificate, the exporter may apply to the customs authorities which
issued it for a duplicate made out on the basis of the export
documents in their possession.
2. The duplicate issued in this way must be endorsed with one of the
following words:
'DUPLIKAT`, 'DUPLICATA`, 'DUPLICATO`, 'DUPLICAAT`, 'DUPLICATE`,
'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 EUR.1 movement certificate.
4. The duplicate, which must bear the date of issue of the original
EUR.1 movement certificate, shall take effect as from that date.
Article 19 Issue of EUR.1 movement certificates on the basis of a
proof of origin issued or made out previously
When originating products are placed under the control of a customs
office in the Community or the former Yugoslav Republic of
Macedonia, it shall be possible to replace the original proof of
origin by one or more EUR.1 movement certificates for the purpose of
sending all or some of these products elsewhere within the Community
or the former Yugoslav Republic of Macedonia. The replacement EUR.1
movement certificate(s) 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 or the
former Yugoslav Republic of Macedonia and fulfil the other
requirements of this Protocol.
3. The exporter making out an invoice declaration shall be prepared
to submit at any time, at the request of the customs authorities of
the exporting country, all appropriate documents proving the
originating status of the products concerned as well as the
fulfilment of the other requirements of this Protocol.
4. An invoice declaration shall be made out by the exporter by
typing, stamping or printing on the invoice, the delivery note or
another commercial document, the declaration, the text of which
appears in Annex IV, using one of the linguistic versions set out in
that Annex and in accordance with the provisions of the domestic law
of the exporting country. If the declaration is 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 on 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 an EUR.1 movement
certificate or an invoice declaration can be considered as products
originating in the Community or the former Yugoslav Republic of
Macedonia and fulfil the other requirements of this Protocol may
consist inter alia of the following:
(a) direct evidence of the processes carried out by the exporter or
supplier to obtain the goods concerned, contained for example in his
accounts or internal bookkeeping;
(b) documents proving the originating status of materials used,
issued or made out in the Community or the former Yugoslav Republic
of Macedonia where these documents are used in accordance with
domestic law;
(c) documents proving the working or processing of materials in the
Community or the former Yugoslav Republic of Macedonia, issued or
made out in the Community or the former Yugoslav Republic of
Macedonia, where these documents are used in accordance with
domestic law;
(d) EUR.1 movement certificates or invoice declarations proving the
originating status of materials used, issued or made out in the
Community or the former Yugoslav Republic of Macedonia in accordance
with this Protocol in accordance this Protocol.
Article 27 Preservation of proof of origin and supporting documents
1. The exporter applying for the issue of an EUR.1 movement
certificate shall keep for at least three years the documents
referred to in Article 16 (3).
2. The exporter making out an invoice declaration shall keep for at
least three years a copy of the invoice declaration as well as the
documents referred to in Article 20 (3).
3. The customs authorities of the exporting country issuing an EUR.1
movement certificate shall keep for at least three years the
application form referred to in Article 16 (2).
4. The customs authorities of the importing country shall keep for
at least three years the EUR.1 movement certificates 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 Commission of the European Communities.
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
national currencies of the EC Member States and the former Yugoslav
Republic of Macedonia shall be reviewed by the Cooperation Council
at the request of the Community or the former Yugoslav Republic of
Macedonia. When carrying out this review, the Cooperation Council
shall ensure that there will be no decrease in the amounts to be
used in any national currency and shall furthermore consider the
desirability of preserving the effects of the limits concerned in
real terms. For this purpose, it may decide to modify the amounts
expressed in ecu.
TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
Article 30 Mutual assistance
1. The customs authorities of the EC Member States and of the former
Yugoslav Republic of Macedonia shall provide each other, through the
Commission of the European Communities, with specimen impressions of
stamps used in their customs offices for the issue of EUR.1 movement
certificates and with the addresses of the customs authorities
responsible for verifying those certificates and invoice
declarations.
2. In order to ensure the proper application of this Protocol, the
Community and the former Yugoslav Republic of Macedonia shall assist
each other, through the competent customs administrations, in
checking the authenticity of the EUR.1 movement certificates 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
EUR.1 movement certificate and the invoice, if it has been
submitted, the invoice declaration, or a copy of these documents, to
the customs authorities of the exporting country giving, where
appropriate, the reasons for the enquiry. Any documents and
information obtained suggesting that the information given on the
proof or origin is incorrect shall be forwarded in support of the
request for verification.
3. The verification shall be carried out by the customs authorities
of the exporting country. For this purpose, they shall have the
right to call for any evidence and to carry out any inspection of
the exporter's accounts or any other check considered appropriate.
4. If the customs authorities of the importing country decide to
suspend the granting of preferential treatment to the products
concerned while awaiting the results of the verification, release of
the products shall be offered to the importer subject to any
precautionary measures judged necessary.
5. The customs authorities requesting the verification shall be
informed of the results of this verification as soon as possible.
These results must indicate clearly whether the documents are
authentic and whether the products concerned can be considered as
products originating in the Community or the Former Yugoslav
Republic of Macedonia and fulfil the other requirements of this
Protocol.
6. If in cases of reasonable doubt there is no reply within 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 Cooperation Council.
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 former Yugoslav Republic of Macedonia shall
take all necessary steps to ensure that products traded under cover
of a proof of origin which in the course of transport use a free
zone situated in their territory, are not substituted by other goods
and do not undergo handling other than normal operations designed to
prevent their deterioration.
2. By means of an exemption to the provisions contained in paragraph
1, when products originating in the Community or the former Yugoslav
Republic of Macedonia are imported into a free zone under cover of a
proof of origin and undergo treatment or processing, the authorities
concerned shall issue a new EUR.1 certificate at the exporter's
request, if the treatment or processing undergone is in conformity
with the provisions of this Protocol.
TITLE VII CEUTA AND MELILLA
Article 35 Application of the Protocol
2. Products originating in the former Yugoslav Republic of
Macedonia, when imported into Ceuta or Melilla, shall enjoy in all
respects the same customs regime as that which is applied to
products originating in the customs territory of the Community
pursuant to Protocol 2 of the Act of Accession of the Kingdom of
Spain and the Portuguese Republic to the European Communities. The
former Yugoslav Republic of Macedonia shall grant to imports of
products covered by the Agreement and originating in Ceuta and
Melilla the same customs regime as that which is granted to products
imported from and originating in the Community.
3. For the purpose of the application of paragraph 2 concerning
products originating in Ceuta and Melilla, this Protocol shall apply
mutatis mutandis subject to the special conditions set out in
Article 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) the products are originating in the former Yugoslav Republic of
Macedonia or the Community within the meaning of this Protocol,
provided that they have been submitted to working or processing
which goes beyond the insufficient working or processing referred to
in Article 6 (1);
(2) products originating in the former Yugoslav Republic of
Macedonia:
(a) products wholly obtained in the former Yugoslav Republic of
Macedonia;
(b) products obtained in the former Yugoslav Republic of Macedonia,
in the manufacture of which products other than those referred to in
(a) are used, provided that:
(i) the said products have undergone sufficient working or
processing within the meaning of Article 5 of this Protocol; or that
(ii) the 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
former Yugoslav Republic of Macedonia` and 'Ceuta and Melilla` in
box 2 of EUR.1 movement certificates or on invoice declarations. In
addition, in the case of products originating in Ceuta and Melilla,
this shall be indicated in box 4 of EUR.1 movement certificates 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 Cooperation Council may decide to amend the provisions of this
Protocol.
ANNEX I
INTRODUCTORY NOTES TO THE LIST IN ANNEX II
Note 1:
The list sets out the conditions required for all products to be
considered as sufficiently worked or processed within the meaning of
Article 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 former Yugoslav Republic
Macedonia.
Example:
An engine of heading No 8407, for which the rule states that the
value of the non-originating materials which may be incorporated may
not exceed 40 % of the ex-works price, is made from 'other alloy
steel roughly shaped by forging` of heading No ex 7224.
If this forging has been forged in the 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 % 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 % 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 % 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 % 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 % in respect of this yarn.
5.4. In the case of products incorporating 'strip consisting of a
core of aluminium foil or of a core of plastic film whether or not
coated with aluminium powder, of a width not exceeding 5 mm,
sandwiched by means of an adhesive between two layers of plastic
film`, this tolerance is 30 % in respect of this strip.
Note 6:
6.1. 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 % 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 % 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 % 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 content, 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
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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 former Yugoslav Republic of Macedonia 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
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Version of the former Yugoslav Republic of Macedonia
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PROTOCOL 3 on financial cooperation
THE CONTRACTING PARTIES,
REAFFIRMING their resolve to establish ties of cooperation which
will contribute to the economic development of the former Yugoslav
Republic of Macedonia and promote the strengthening of relations
between the Community and the former Yugoslav Republic of Macedonia,
ANXIOUS to develop to this end the financial cooperation provided
for in the Cooperation Agreement between the European Community and
the former Yugoslav Republic of Macedonia,
HAVE AGREED AS FOLLOWS:
Article 1
Within the framework of the financial cooperation provided for in
the Cooperation Agreement between the European Community and the
former Yugoslav Republic of Macedonia, the Community shall
participate, in accordance with the conditions specified in this
Protocol, in the financing of projects designed to contribute to the
economic development of the former Yugoslav Republic of Macedonia
and in particular projects of common interest to the Community and
the former Yugoslav Republic of Macedonia. This participation shall
be conditional upon clearance in full by the former Yugoslav
Republic of Macedonia of its outstanding financial obligations
towards the European Investment Bank and the Community.
Article 2
For the purposes specified in Article 1, the Community shall ask the
European Investment Bank, hereinafter referred to as 'the Bank` to
make available to the former Yugoslav Republic of Macedonia a total
of ECU 150 million. This amount may be committed up to 31 December
2000 in the form of loans from the Bank's own resources according to
the rules, conditions and procedures laid down in its statute.
These funds may be combined with resources from the Community budget
on the conditions laid down in the Annex.
Article 3
1. The total amount provided for in Article 2 shall be used to
part-finance specific capital projects submitted to the Bank with
the agreement of the former Yugoslav Republic of Macedonia by public
or private bodies or enterprises having a registered place of
business in the former Yugoslav Republic of Macedonia or by any
other institution of the former Yugoslav Republic of Macedonia.
2. As far as possible the loans referred to in Article 2 shall be
used for financing projects relating to infrastructure and, as a
matter of first priority, transport infrastructure.
3. (a) Projects shall be appraised for eligibility and loans made in
accordance with the detailed rules, conditions and procedures laid
down by the Bank's statute.
(b) Loans shall be subject to terms as to their duration established
on the basis of the economic and financial characteristics of the
projects for which these loans are intended, also taking into
account the conditions prevailing on the capital markets on which
the Bank obtains its resources.
(c) The interest rate for each loan contract shall be determined in
accordance with the Bank's practice, subject to the provisions laid
down in the Annex.
Article 4
1. The amounts to be committed each year shall be distributed as
evenly as possible throughout the period of application of this
Protocol. During the initial period, however, a proportionately
higher amount may be committed.
2. The commitment of the instalments is contingent on verification
by the Community of the capacity of the former Yugoslav Republic of
Macedonia to absorb the loans and the progress being made with
economic reform.
3. If, by the end of the period referred to in Article 2, not all of
the funds have been committed, this period shall be automatically
extended by six months. In that event, the funds shall be used under
the same conditions as provided for in this Protocol.
Article 5
Loans made by the Bank for the execution of projects may take the
form of co-financing in which notable participants would be banks of
the former Yugoslav Republic of Macedonia, credit institutions of
the former Yugoslav Republic of Macedonia, the Member States or
third countries, or international financial institutions.
Article 6
Enterprises registered under the law of the former Yugoslav Republic
of Macedonia, with or without foreign holdings, shall have access to
the financing provided for under financial cooperation on equal
terms.
Article 7
The execution, management and maintenance of projects financed under
financial cooperation between the Community and the former Yugoslav
Republic of Macedonia shall be the responsibility of the
beneficiaries referred to in Article 3 (1).
The Bank shall ensure that its loans are used in accordance with the
agreed allocations and under optimum economic conditions.
Article 8
All natural and legal persons coming within the scope of the Treaty
establishing the European Community and all natural and legal
persons of the former Yugoslav Republic of Macedonia may participate
on equal terms in tendering procedures and other procedures for the
award of contracts which may be financed. Such legal persons, formed
in accordance with the law of a Member State of the Community or of
the former Yugoslav Republic of Macedonia must have their registered
offices, their administrative head offices or their principal
establishments in the territories in which the Treaty establishing
the European Community is applied or in the former Yugoslav Republic
of Macedonia; however, where only their registered offices are in
those territories or in the former Yugoslav Republic of Macedonia,
the activities of such legal persons must be effectively and
continuously linked with the economies of those territories or of
the former Yugoslav Republic of Macedonia.
Article 9
The former Yugoslav Republic of Macedonia shall apply to contracts
awarded for the execution of projects financed under financial
cooperation, fiscal and customs arrangements at least as favourable
as those applied to most favoured nations and most favoured
international organizations in the field of development.
Article 10
The former Yugoslav Republic of Macedonia shall take the necessary
measures to ensure that interest and all other payments due to the
Bank in respect of loans granted under financial cooperation are
exempt from any taxes or levies imposed by the national or local
authorities.
Article 11
The provision of a guarantee by the former Yugoslav Republic of
Macedonia, or other sufficient guarantees, shall be required by the
Bank as a condition for granting loans to beneficiaries other than
the former Yugoslav Republic of Macedonia.
Article 12
Throughout the duration of the loans granted under this Protocol,
the former Yugoslav Republic of Macedonia shall undertake to make
available to debtors holding such loans and to guarantors of such
loans the foreign exchange necessary for the payment of interest,
commission and other charges and repayment of the principal.
Article 13
The results of financial cooperation may be examined by the
Cooperation Council.
Article 14
One year before the expiry of this Protocol the Contracting Parties
shall examine what arrangements could be made for financial
cooperation during a possible further period.
Article 15
The Annex shall form an integral part of this Protocol.
ANNEX concerning Article 2
1. The Community may, subject to the conditions set out below,
commit ECU 20 million from its budgetary resources in the form of
grants for the purpose of providing a two point interest-rate
subsidy on the Bank loans for infrastructure projects which are of
interest to the Community and to the former Yugoslav Republic of
Macedonia.
2. To the extent that these grants concern transport infrastructure
projects, they shall be subject to the conclusion of a mutually
satisfactory agreement between the Community and the former Yugoslav
Republic of Macedonia on the transport sector.
It is noted that Bank loans used to finance transport infrastructure
projects other than those listed below are not eligible for an
interest rate subsidy:
- Roads
- North to south-east motorway (E-75) connecting the Federal
Republic of Yugoslavia (Serbia-Montenegro) to the Hellenic Republic,
particularly the sections Kumanovo to Tabanovce on the border of the
Federal Republic of Yugoslavia (9 km) and Gradsko to Gevgelija on
the border of the Hellenic Republic (73 km),
- Main road (M-5) connecting Kriva Krusha to Medzitlija on the
border of the Hellenic Republic (93 km), via Titov Veles, Prilep and
Bitola, reconstruction and new construction,
- Section of motorway (E-65) connecting Skopje to Tetovo (36 km)
together with bypass of Skopje (25 km).
- Rail/combined transport
- North to south-east railway connecting the Federal Republic of
Yugoslavia (Serbia-Montenegro) to the Hellenic Republic (via Titov
Veles), particularly multimodal terminals at Tabanovce, Miravci and
Gevgelija,
- Multimodal terminal at Bitola (on the N/S branch line connecting
Titov Veles to Kremenica on the border of the Hellenic Republic),
- Railway connecting Kumanovo to Beljakovce (30 km, reconstruction)
and Beljakovce to Deve Bair (54 km, new construction) on the border
of the Republic of Bulgaria with multimodal terminal at Deve Bair
and tunnel at border to be connected by new line (2 km) to existing
line at Gjueshevo in the Republic of Bulgaria.
3. The grants are of an exceptional nature and shall not set a
precedent for financial cooperation between the Community and the
former Yugoslav Republic of Macedonia.
LIST OF DECLARATIONS
The plenipotentiaries of:
THE EUROPEAN COMMUNITY,
of the one part, and of
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
of the other part,
on signing, by way of an Exchange of Letters, the Cooperation
Agreement between the European Community and the former Yugoslav
Republic of Macedonia, adopted the following Declarations:
3. Declaration of intent by the Contracting Parties on the trade
arrangements between the former Yugoslav Republic of Macedonia and
other countries of South-Eastern Europe;
4. Declaration of intent by the Contracting Parties concerning the
separate agreements on wine and spirits and on textile products;
5. Declaration of intent by the Contracting Parties on future
cooperation in the field of labour,
and took note of:
- the Statements by the European Community and by the former
Yugoslav Republic of Macedonia on the conclusion of readmission
agreements;
and, concerning Protocol 2 on the definition of the concept of
'originating products` and on methods of administrative cooperation,
adopted the following Declarations:
2. Joint Declaration concerning the Republic of San Marino,
and, concerning Protocol 3 on financial cooperation, adopted the
following Declarations:
3. Declaration by the Community on EIB lending.
The Declarations listed above are annexed to this List.
Joint Declaration concerning Article 15 of the Agreement
The Contracting Parties agree that for the first calendar year, if
the Agreement comes into force after 1 January, any concessions
given within the limits of annual ceilings, quotas or reference
quantities will be adjusted pro rata.
Joint Interpretative Declaration concerning Article 40 of the
Agreement
(a) For the purposes of the interpretation and practical application
of this Agreement, the Contracting Parties agree that the cases of
special urgency referred to in Article 40 of the Agreement mean
cases of material breach of the Agreement by one of the two Parties.
A material breach of the Agreement consists in:
- repudiation of the Agreement not sanctioned by the general rules
of international law,
- violation of the essential elements of the Agreement set out in
Article 1 (3) and (4).
(b) The Contracting Parties agree that the 'appropriate measures`
referred to in Article 40 are measures taken in accordance with
international law. If a Party takes a measure in a case of special
urgency pursuant to Article 40, the other Party may avail itself of
the dispute settlement procedure.
Declaration of Intent by the Contracting Parties on the trade
arrangements between the former Yugoslav Republic of Macedonia and
other countries of South-Eastern Europe
1. The Community and the former Yugoslav Republic of Macedonia
consider it essential that economic and trade cooperation between
the countries of South-Eastern Europe be established as quickly as
possible.
2. The Community is prepared to grant cumulation of origin to
certain States in the region which have restored normal economic and
trade cooperation as soon as the administrative cooperation needed
for cumulation to work properly has been established.
3. With this in mind, the former Yugoslav Republic of Macedonia
declares its readiness to enter into negotiations as soon as
possible in order to establish cooperation with other countries in
the region.
Declaration of Intent by the Contracting Parties concerning the
separate agreements on wine and spirits and on textile products
The Community and the former Yugoslav Republic of Macedonia agree
that separate agreements on wine and spirits and on textile products
shall be negotiated as quickly as possible with a view to their
entry into force at the same time as the Cooperation Agreement. In
these negotiations, the Contracting Parties will take into account
the preferential conditions resulting from the Cooperation
Agreement.
Declaration of Intent by the Contracting Parties on future
cooperation in the field of labour
The Community and the former Yugoslav Republic of Macedonia express
their willingness to include provisions concerning the
non-discrimination of each other's nationals legally employed in
their respective territories in the context of a possible future
agreement.
Statements by the European Community and by the former Yugoslav
Republic of Macedonia on the conclusion of readmission agreements
The European Community recalls the importance attached by its Member
States to effective cooperation with third countries to facilitate
the readmission of nationals of the latter who are present illegally
in the territory of a Member State.
The former Yugoslav Republic of Macedonia undertakes to conclude
readmission agreements with the Member States of the European Union
which so request.
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 former Yugoslav Republic of Macedonia as originating in the
Community within the meaning of this Agreement.
2. Protocol 2 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 former Yugoslav Republic of Macedonia as originating
in the Community within the meaning of this Agreement.
defining the originating status of the abovementioned products.
Joint Declaration concerning Article 4 of Protocol 3 on financial
cooperation
It is understood that the application of Article 4 is dependent upon
the submission to the Bank by the former Yugoslav Republic of
Macedonia of mutually acceptable projects.
Declaration by the Community concerning Article 8 of Protocol 3 on
financial cooperation
The provisions of Protocol 3 on financial cooperation are without
prejudice to the general question of the origin of goods and
services eligible for financing by the Bank from its own resources
and do not, in this connection, affect the exercise by the Bank's
bodies of their powers under the statute of the Bank.
Declaration by the Community on EIB lending
The Community notes that EIB lending, including that in the context
of Protocol 3 on financial cooperation between the Community and the
former Yugoslav Republic of Macedonia, is contingent on its
compatibility with the constraints imposed by the Loan Guarantee
Fund for the European Union's external actions and by the
conclusions of the November 1995 Ecofin Council on EIB lending to
third countries.