21970A0629(01)

AGREEMENT between the European Economic Community and Spain (Only the Dutch, French, German, Italian and Spanish texts of this Agreement are authentic)

THE COUNCIL OF THE EUROPEAN COMMUNITIES, of the one part, and

THE SPANISH HEAD OF STATE, of the other part,

Determined to consolidate and to extend economic and trade relations between the European Economic Community and Spain;

Recognizing the importance of the harmonious development of trade between the Contracting Parties;

Desiring to establish the basis for a progressive expansion of trade with each other, while observing the provisions of the General Agreement on Tariffs and Trade;

Considering that the European Economic Community is anxious to develop economic and trade relations with countries bordering on the Mediterranean;

Have decided to conclude an Agreement between the European Economic Community and Spain and to this end have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Mr Pierre Harmel, President in Office of the Council of the European Communities, Minister for Foreign Affairs;

Mr Jean Rey, President of the Commission of the European Communities;

THE SPANISH HEAD OF STATE:

Mr Gregorio Lopez Bravo, Minister for Foreign Affairs;

WHO,

having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

1. The progressive elimination of obstacles to the main body of trade between the European Economic Community and Spain shall be brought about in two stages, as indicated below.

2. The first stage shall last not less than six years.

3. Transition from the first to the second stage shall be effected by mutual agreement between the Contracting Parties, if the conditions for it have been satisfied.

4. During the first stage the following provisions shall apply.

TITLE I

TRADE

Article 2

1. Products originating in Spain shall, on importation into the Community, be governed by the provisions of Annex I

2. Products originating in the Community shall, on importation into Spain, be governed by the provisions of Annex II

3. The Contracting Parties shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Agreement.

They shall refrain from any measure which could jeopardize the attainment of the objectives of this Agreement.

Article 3

Any internal fiscal measure or practice giving rise, directly or indirectly, to discrimination between the products of one Contracting Party and like products of the other Contracting Party shall be prohibited.

Article 4

The trading arrangements applied by Spain to products; o riginating in the Community or exported to the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms.

The trading arrangements applied by the Community to products originating in Spain or exported to Spain shall not give rise to any discrimination between Spanish nationals, or between Spanish companies or firms.

Article 5

Subject to special provisions relating to frontier-zone traffic, the treatment applied by Spain to products originating in the Community shall in no case be less favourable than that applied to products originating in the most-favoured third State.

Article 6

Where duties are levied on products of one Contracting Party exported to the other Contracting Party, such duties may not exceed those applied to products exported to the most-favoured third State.

Article 7

Articles 5 and 6 shall not preclude the maintenance or establishment by Spain of customs unions or free-trade areas, if these do not have the effect of modifying the trade arrangements laid down in the Agreement, and in particular the rules of origin.

Article 8

The rules of origin applicable to products covered by the Agreement are laid down in the Protocol.

Article 9

1. If one of the Contracting Parties finds in its relations with the other Contracting Party that dumping is being practised, it may, after consultations in the Joint Committee provided for in Article 13, take protective measures against such practices in accordance with the provisions of the Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade.

In urgent cases that Contracting Party may, after notifying the Joint Committee, apply the interim measures provided for by that Agreement. Consultations shall take place regarding such measures not later than two weeks after their implementation.

2. Where measures are directed against bounties or subsidies, the Contracting Parties undertake to comply with the provisions of Article VI of the General Agreement on Tariffs and Trade.

3. At the request of either Contracting Party, consultations shall take place every three months in the Joint Committee on any observed dumping practices, bounties or subsidies which are found to exist and on measures taken in regard thereto.

Article 10

Payments relating to trade and the transfer of such payments to the Member State in which the creditor resides, or to Spain, shall not be subject to any restriction where such trade is covered by the provisions of this Agreement.

Article 11

1. If serious disturbances occur in a sector of the Spanish economy or prejudice its external financial stability, or if difficulties arise which adversely affect the economic situation in a region of Spain, Spain may take the necessary protective measures.

The Joint Committee shall be notified immediately of such measures and of the rules for their application.

2. If serious disturbances occur in a sector of the economy of the Community or of one or more Member States, or prejudice the external financial stability of one or more Member States, or if difficulties arise which adversely affect the economic situation in a region of the Community, the Community may take, or authorize the Member State or States concerned to take, the necessary protective measures.

The Joint Committee shall be notified immediately of such measures and of the rules for their application.

3. In the choice of measures to be taken in pursuance of paragraphs 1 and 2, preference shall be given to those which will least disturb the operation of the Agreement.

These measures shall not exceed what is strictly necessary to remedy the difficulties that have arisen.

4. Consultations may take place in the Joint Committee on the measures taken in pursuance of paragraphs 1 and 2.

Article 12

The provisions of 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; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade.

TITLE II

GENERAL AND FINAL PROVISIONS

Article 13

1. A Joint Committee is hereby established to administer the Agreement and to ensure its proper execution. To this end it may may make recommendations. It shall take decisions as provided for in this Title.

2. The Contracting Parties agree to keep each other informed and, at the request of either of them, to consult together in the Joint Committee to ensure that the Agreement is correctly implemented.

3. The Joint Committee shall adopt its rules of procedure by decision.

Article 14

1. The Joint Committee shall consist of representatives of the Community and representatives of Spain.

2. The Joint Committee shall act by mutual agreement.

Article 15

1. The Chairmanship of the Joint Committee shall be held alternately by each of the Contracting Parties, in accordance with its rules of procedure.

2. The Joint Committee shall meet once a year on the initiative of its Chairman.

The Joint Committee shall also meet whenever necessary, at the request of either Contracting Party, in accordance with its rules of procedure.

3. The Joint Committee may decide to set up working parties to assist in the performance of its tasks.

Article 16

The Agreement may be denounced by either Contracting Party giving six months' notice.

Article 17

1. The Agreement shall apply to the European territories where the Treaty establishing the European Economic Community applies and to the territory of Spain.

2. The Agreement shall apply also to the French overseas departments so far as concerns those of the fields covered by it which correspond to those listed in the first subparagraph of Article 227 (2) of the Treaty establishing the European Economic Community.

The conditions for applying, to those departments, the provisions of the Agreement relating to other fields shall be decided at a later date by agreement between the Contracting Parties.

Article 18

Annexes I and II, the lists appearing therein and the Protocol shall form an integral part of the Agreement.

Article 19

This Agreement shall enter into force on the first day of the month following the day on which the Contracting Parties notify each other of the completion of the procedures necessary to that end.

Article 20

This Agreement is drawn up in two copies in the Dutch, French, German, Italian and Spanish languages, each of these texts being authentic.

In witness whereof, the undersigned plenipotentiaries have signed this Agreement.

Done at Luxembourg this twenty-ninth day of June in the year one thousand nine hundred and seventy.

For the Council of the European Communities,

Pierre HARMEL

Jean REY

Subject to the reservation that the European Economic Community shall not be finally bound until notification has been given to the other Contracting Party of completion of the procedures required by the Treaty establishing the European Economic Community.

For the Spanish Head of State,

Gregorio LOPEZ BRAVO

ANNEX I

On the implementation of Article 2 (1) of the Agreement

Article 1

Imports into the Community of products originating in Spain which are covered by the provisions of this Annex, including the products set out in Lists A and B but excluding those listed in Articles 3 and 10, shall be admitted without quantitative restrictions.

Article 2

Subject to the special provisions of Articles 3, 4 and 5, the customs duties applicable to imports into the Community of products originating in Spain not listed in Annex II to the Treaty establishing the European Economic Community and not included in Lists A and B shall be those in the Common Customs Tariff reduced by the following percentages and in accordance with the following timetable:

Article 3

1. Imports into the Community of the following products refined in Spain shall qualify for the reductions in customs duties provided for in Article 2, within an annual Community tariff quota of 1 200 000 metric tons.

2. The Community shall be entitled to modify the arrangements laid down in this Article:

- when a common definition of orgin is adopted for petroleum products from third States or Associated countries,

- when decisions are taken in the context of a common commercial policy,

- when a common energy policy is established.

In that event the Community shall ensure that the imports referred to in paragraph 1 are accorded advantages equivalent to those laid down in this Article.

3. Consultations may take place in the Joint Committee on the measures taken in pursuance of paragraph 2.

4. Subject to paragraphs 1 and 2, the provisions of this Agreement shall not affect the regulations applied to imports of petroleum products.

Article 4

Imports into the Community of the following products originating in Spain shall qualify for the reductions in customs duties provided for in Article 2, within an annual Community tariff quota of 1 800 metric tons:

Article 5

1. Imports into the Community of products listed in paragraph 2, originating in Spain, shall be subject to the duties in the Common Customs Tariff, reduced by the following percentages and in accordance with the following timetable:

2. The List referred to in paragraph 1 is as follows:

Article 6

Imports into the Community of the products specified in Articles 2, 3, 4 and 5 originating in Spain shall be exempt from charges having an effect equivalent to customs duties.

Article 7

1. Imports into the Community of the following products originating in Spain shall be subject to customs duties equal to 60 % of the duties in the Customs Tariff.

2. During the period of application of reference prices, paragraph 1 shall apply on condition that on the internal Community market the prices of citrus fruit imported from Spain are, after customs clearance and allowance for the conversion factors operative for the various classes of citrus fruit and after deduction of transport costs and import charges other than customs duties, not less than the reference prices for the period in question, plus the incidence of the Common Customs Tariff on those reference prices and a fixed amount of 1.20 units of account per 100 kg.

3. The transport costs and import other than customs duties referred to in paragraph 2 shall be those laid down for calculating the entry prices referred to in Regulation No 23 on the progressive establishment of a common organization of the market in fruit and vegetables.

However, the Community shall be entitled to calculate the amount to be deducted in respect of import charges other than customs duties referred to in paragraph 2 in such a way as to avoid difficulties which may arise from the incidence of those charges on entry prices, depending on origin.

4. The provisions of Article 11 of Regulation No 23 shall continue to apply.

5. Where the advantages accruing from the provisions of paragraph 1 would or could be jeopardized by reason of abnormal conditions of competition, consultations may be held in the Joint Committee on the problems arising from such situation.

Article 8

1. The Community shall take all measures necessary to ensure that the levy on imports into the Community of olive oil other than refined olive oil, falling within subheading No 15.07 A II of the Common Customs Tariff, wholly produced in Spain and transported direct from that country to the Community, is the import levy calculated in accordance with the provisions of Article 13 of Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats, less 0.50 units of account per 100 kg.

2. Additionally and on condition that Spain applies a special export charge reflected in the import price, the Community shall reduce the amount of the levy, calculated in accordance with paragraph 1, by an amount equal to that of the charge paid but not exceeding 4 units of account per 100 kg.

Each Contracting Party shall take the measures necessary for implementation of this paragraph.

3. Consultations on the operation of the arrangements provided for in this Article may be held in the Joint Committee.

Article 9

1. Imports into the Community of the following products originating in Spain shall be subject to customs duties equal to 30 % of the duties in the Common Customs Tariff, within an annual Community tariff quota of 200 metric tons:

2. Imports into the Community of the following products originating in Spain shall be admitted free of customs duties within an annual Community tariff quota of 1 700 metric tons:

Article 10

Imports into the Community of the following products originating in Spain shall be subject to the duties in the Common Customs Tariff reduced by the percentages shown below:

Article 11

Imports into the Community of the following products originating in Spain shall be subject to the duties in the Common Customs Tariff reduced by tire percentages shown below:

Article 12

1. The rates of duty in the Common Customs Tariff to be used for calculation of the reduced duties referred to in Articles 2, 3, 4, 5, 6, 7, 9, 10 and 11 shall be those actually applied at any given time in respect of third States.

2. The reduced duties, calculated in accordance with Articles 2, 3, 4, 5, 6, 7, 9, 10 and 11 shall be rounded off the first place of decimals.

Article 13

If the Agreement does not enter into force at the beginning of a calendar year, the quotas referred to in Articles 3, 4 and 9 shall be opened pro rata temporis:

- beginning in the first year, on the date of entry into force of this Agreement,

- in the last year, ending on the date of expiry of the first stage.

Article 14

Should regulations be introduced for the specific purpose of implementing the common agricultural policy, the Community shall be entitled to modify the arrangements laid down in this Annex with a view, in particular, to preventing certain distortions of competition or substitutions in respect of products covered by this Annex but not coming under Annex II to the Treaty establishing the European Economic Community.

When introducing such regulations and modifying such arrangements, the Community shall have regard to the interests of Spain.

2. Should Community regulations be introduced in respect of products covered by this Annex and coming under Annex II to the Treaty establishing the European Economic Community, the Community shall be entitled to modify the arrangements laid down in this Annex.

When introducing such regulations, and amending such arrangements, the Community shall have regard to the interests of Spain.

3. Should Community regulations be amended in respect of products covered by this Annex and coming under Annex II to the Treaty establishing the European Economic Community, the Community shall be entitled to modify the arrangements laid down in this Annex.

When modifying such arrangements, the Community shall grant in respect of imports originating in Spain an advantage comparable to that provided for this Annex.

4. The application of this Article may be the subject of consultations in the Joint Committee.

Article 15

Products originating in Spain listed in this Annex may not be given more favourable treatment than that accorded under the Treaty establishing the European Economic Community by the Member States to one another.

Article 16

The Community shall apply, in respect of Spain, the Convention on the Valuation of Goods for Customs Purposes signed at Brussels on 15 December 1950 and the International Convention for the Simplification of Customs and other Formalities concluded at Geneva on 3 November 1923.

LIST A

Products which, as a result of implementation of the common agricultural policy, are subject to special rules on importation into the Community, and to which the provisions of Article 2 do not apply

LIST B

Referred to in Article 2

ANNEX II

On the implementation of Article 2 (2) of the Agreement

Article 1

The customs duties and charges having equivalent effect applicable to imports into Spain of products originating in the Community and included in Lists A, B and C shall be those in the Spanish Customs Tariff, reduced by the following percentages and in accordance with the following timetable:

Article 2

1. The rates of duty in the Spanish Customs Tariff to be used for calculation of the reduced duties listed in Article 1 shall be those actually applied at the time in respect of third States. The reduced rates shall be rounded-off to the first place of decimals.

2. Where duties in the Spanish Customs Tariff or charges having equivalent effect are introduced or modified, the percentage reductions granted to the Community under Article 1 shall remain unchanged.

Article 3

1. Notwithstanding Articles 1 and 2 and on condition that protective measures are necessary for its industrialization and development, Spain may introduce, increase or reintroduce ad valorem customs duties not exceeding 15 % or, in certain special and exceptional cases, 20 %. Such measures may be applied up to an amount not exceeding 5 % of the total value of Spanish imports from the Community for the year 1968.

2. These measures may be taken only if necessary for the protection of, or for furthering the development of, a new processing industry not existing in Spain at the date of entry into force of the Agreement ; they may be applied only in respect of a specific line of production.

3. Twelve months after the introduction, increase or reintroduction of customs duties Spain shall make tariff reductions of 5 % per year in respect of imports originating in the Community.

4. The measures referred to in paragraph 1 shall be taken after consultations in the Joint Committee. These consultations shall take place with the minimum of delay.

Article 4

1. Spain shall refrain from introducing any new quantitative restrictions on imports of products originating in the Community other than those listed in Annex II to the Treaty establishing the European Economic Community.

This obligation shall apply, however, only to 80 % of the value of total imports of those products, calculated on the basis of the average for the years 1966, 1967, and 1968.

2. If Spain introduces or reintroduces, in accordance with paragraph 1, quantitative restrictions on imports of the products referred to in paragraph 1 it shall open to the Community quotas for such products originating in the Community. Each of these quotas shall be not less than 75 % of Spanish imports of the products covered thereby during the year preceding the introduction or reintroduction of the quantitative restrictions.

These quotas shall be subject to the provisions of Article 5.

Article 5

1. For products originating in the Community included in List D, Spain shall open quotas for the values shown in the fourth column of that list.

2. If the Agreement does not enter into force at the beginning of a calendar year, the quotas referred to in this Article shall be opened pro rata temporis:

- beginning, in the first year, on the date of entry into force of the Agreement;

- in the last year, ending on the date on which the first stage ends.

3. For products included in List D, Spain shall, at the beginning of the second, third, fourth, fifth and sixth year of the Agreement, increase the quotas by 13 % in the aggregate and each individual quota by at least 7 % in relation to the preceding year.

4. Import authorizations under the quotas opened to the Community shall be so issued within the limits of these quotas as to ensure a balanced distribution of imports between the Peninsula and the Balearic Islands, on the one hand, and the territories subject to special treatment, on the other, taking into account the trade with the two areas recorded during the years 1966, 1967 and 1968.

5. If for two consecutive years imports fall below a quota, the product or products in question shall be liberalized.

However, exceptionally and after consultation in the Joint Committee, this provision shall not be applied to products characterized by pronounced irregularity of imports.

Article 6

1. At the end of the sixth year of the Agreement imports into Spain of products originating in the Community, other than those listed in Annex II to the Treaty establishing the European Economic Community, shall be liberalized.

Spain may however, retain quantitative restrictions not exceeding in value 5 % of the average of total imports in the years 1966, 1967 and 1968 of products originating in the Community.

2. Spain shall be prepared to liberalize imports of products originating in the Community more rapidly than is laid down in Article 5 if the economic situation of the country and of the branch of industry concerned so permit.

Article 7

1. Spain shall refrain from introducing or increasing customs duties or changes having equivalent effect on imports of those products listed in Annex II to the Treaty establishing the European Economic Community which are not listed in Articles 1, 8, 9 and 10 and are not liberalized at the date of entry into force of the Agreement and undertakes to maintain, under normal market conditions, the Community share of the imports of such products, calculated on the basis of the years 1966, 1967 and 1968. These provisions shall not apply to regulatory duties.

2. Paragraph 1 shall not apply in cases where the amendment of import regulations has the effect of improving trading conditions.

Consultations on the application of this Article may take place in the Joint Committee.

Article 8

1. Imports of the following products originating in the Community shall be admitted into Spain without quantitative restriction and under the conditions laid down in paragraph 2:

2. The threshold price of products originating in the Community and listed in paragraph 1 shall not exceed 100.48 pesetas per kilogramme and shall be at least 6.30 pesetas per kilogramme below the general Spanish threshold price for like products originating in third States.

Article 9

Spain undertakes to purchase from the Community, under normal market conditions, at least 25 % of its total annual imports of butter (04.03 of the Spanish Customs Tariff) for as long as such imports remain under State trading arrangements. This percentage shall be increased by at least 1 % per year from 1 January 1972 so as to reach a minimum of 30 % with effect from 1 January 1976.

Article 10

Spain undertakes to purchase from the Community, under normal market conditions, 90 % of its total annual imports of the products listed below for as long as these imports remain under State trading arrangements:

Article 11

1. Should regulations be introduced for the specific purpose of implementing Spain's agricultural policy, Spain shall be entitled to modify the arrangements laid down in this Annex with a view, in particular, to preventing certain distortions of competition or substitutions in respect of products covered by this Annex but not coming under Annex II to the Treaty establishing the European Economic Community.

When introducing such regulations and modifying such arrangements Spain shall have regard to the interests of the Community.

2. Should regulations be introduced in respect of products covered by this Annex and coming under Annex II to the Treaty establishing the European Economic Community, Spain shall be entitled to modify the arrangements laid down in this Annex.

When introducing such regulations and modifying such arrangements Spain shall have regard to the interest of the Community.

3. Should its regulations be amended in respect of products covered by this Annex and coming under Annex II to the Treaty establishing the European Economic Community, Spain shall be entitled to modify the arrangements laid down in this Annex.

When modifying such arrangements Spain shall grant in respect of imports originating in the Community an advantage comparable to that provided for in this Annex.

4. The application of this Article may be the subject of consultations in the Joint Committee.

Article 12

Spain shall apply, in respect of the Community, the Convention on the Valuation of Goods for Customs Purposes signed at Brussels on 15 December 1950 and the International Convention for the Simplification of Customs and other Formalities concluded at Geneva on 3 November 1923.

LIST A

Products subject, on importation into Spain, to Spanish Customs Tariff duties reduced by the percentages and in accordance with the timetable laid down in Article 1 of this Annex

LIST B

Products subject, on importation into Spain, to Spanish Customs Tariff duties reduced by the percentages and in accordance with the timetable laid down in Article 1 of this Annex

LIST C

Products subject, on importation into Spain, to Spanish Customs Tariff duties reduced by the percentages in accordance with the timetable laid down in Article 1 of this Annex

List of tariff headings the duties on which are referred to other headings and for which a reduction corresponding to these headings is offered

LIST D

Basic quotas opened by Spain for imports of products originating in the Community, listed in Article 5 (1)

PROTOCOL on the definition of the concept of "originating products" and on methods of administrative cooperation

TITLE I Provisions on the definition of the concept of "originating products"

Article 1

For the purpose of the Agreement between the European Economic Community and Spain, the following shall be considered as:

1. Products originating in the Community subject to their having been, within the meaning of Article 5, transported direct to Spain:

(a) products wholly obtained or produced in the Member states;

(b) products obtained or produced in the Member States in the manufacture of which products other than those referred to in (a) have been used, if those products have been sufficiently worked or processed within the meaning of Article 3. This condition does not apply to products originating in Spain within the meaning of this Protocol;

2. Products originating in Spain subject to their having been, within the meaning of Article 5, transported direct to the importing Member State:

(a) products wholly obtained or produced in Spain;

(b) products obtained or produced in Spain, in the manufacture of which products other than those referred to in (a) have been used, if those products have been sufficiently worked or processed within the meaning of Article 3. This condition does not apply to products originating in the Community within the meaning of this Protocol.

This Protocol shall for the time being not apply to the products specified in List C.

Article 2

For the purposes of Article 1 (1)(a) and (2) (a) the following shall be considered as "wholly obtained or produced", either in the Member States or in Spain:

(a) mineral products extracted from the ground thereof;

(b) vegetable products harvested therein;

(c) live animals born and raised therein;

(d) products derived from live animals raised therein;

(e) products of hunting and fishing carried on therein;

(f) marine products taken from the sea by their ships

(g) waste and scrap derived from manufacturing processes and used articles, fit only for the recovery of raw materials, if they were collected therein;

(h) goods derived exclusively from the animals or products referred to in subparagraphs (a) to (g) or from their derivatives.

Article 3

For the purposes of Article 1 (1) (b) and (2) (b),

"sufficiently worked or processed" means:

(a) subjected to working or processing as result of which the goods so manufactured are classified under a different tariff heading from that of any of the constituents, with the exception, however, of those goods specified in List A to which the special provisions of that list apply;

(b) subjected to the working or processing specified in List B

"Tariff heading" means a heading of the Brussels Nomenclature for the Classification of Goods in Customs Tariffs.

Article 4

Where Lists A and B, referred to in Article 3, provide that goods manufactured in a Member State or in Spain may be considered as originating therein only if the value of the products used in their manufacture does not exceed a given percentage of the value of the goods so manufactured, the values for determining this percentage shall be as follows:

- on the one hand, for products the importation of which can be proved: their value for customs purposes at the time of importation;

for products of undetermined origin : the first verifiable price paid for those products in the territory of the State where manufacture takes place;

- on the other hand,

The ex-factory price of the goods manufactured, less internal charges refunded or to be refunded on exportation.

Article 5

The following shall be considered as transported direct from the exporting Member State to Spain, or from Spain to the importing Member State:

(a) products transported without passing through territories other than those of the Contracting Parties;

(b) products transported through territories other than those of the Contracting Parties or with transhipment in such territories provided that carriage through or transhipment in such territories is covered by a single transport document made out in a Member State or in Spain;

(c) products which, without being covered by a single transport document made out in a Member State or in Spain, carried through territories other than those of the Contracting Parties, provided that carriage through those territories is justified for geographical reasons and that the conditions laid down in Explanatory Note 6 are satisfied.

Transhipment in ports situated in territories other than those of the Contracting Parties, when this transhipment is attributable to force majeure or events at sea, shall not be considered as interruptions of direct transport.

TITLE II

Provisions on the organisation of methods of administrative cooperation

Article 6

Originating products within the meaning of this Protocol shall be accepted in the importing Member State or in Spain as coming under the Agreement on production of a movement certificate AE1 endorsed by the customs authorities of Spain or the Member State.

However, products sent in postal packets (including parcels), provided each packet contains only "originating products" of a value not exceeding 1 000 units of account shall be accepted in Spain or in the Member State as coming under the Agreement, on production of form AE2.

Article 7

Movement certificate AE1 shall be endorsed only upon written application by the exporter made out on the form prescribed for this purpose.

Article 8

Movement certificate AE1 shall be endorsed by the customs authorities of the exporting State at the time of exportation of the goods to which it relates. It shall be made available to the exporter as soon as exportation has been actually effected or ensured.

Exceptionally, movement certificate AE1 may be endorsed after exportation of the goods to which it relates if, through error or inadvertent omission, it was not produced at the time of exportation. In that case a special note shall be added explaining the circumstances in which it was endorsed.

Movement certificate AE1 may be endorsed only where it can serve as documentary evidence for the application of the preferential treatment provided for by the Agreement.

Article 9

Movement certificate AE1 must be submitted to the customs office of the importing State where the goods are presented within two months of the date of endorsement by the customs authorities of the exporting State.

Article 10

Movement certificate AE1 shall be made out in the form shown in the Annex to this Protocol. It shall be in one of the official languages of the European Economic Community and shall comply with the internal laws of the exporting country. It shall be typed or handwritten; if the latter, it shall be in ink in block letters.

The size of the certificate shall be 21 x 29.7 cm. The paper used shall be sized writing paper containing no mechanical pulp, and weighing not less than 64 g per sq m; if air mail paper is used, the weight shall be between 25 and 30 g per sq m. It shall have a printed green guilloche pattern background such as to reveal any falsification by mechanical or chemical means.

A band consisting of three blue stripes, each 3 mm wide, shall be printed diagonally across the front of each certificate from the lower left to the top right corner.

The Member States and Spain may themselves print the certificates or may entrust the work to printers authorized by them. In the latter case reference to that authorization must appear on each form. Each certificate must bear the distinguishing mark of the authorized printers and an identifying serial number.

Article 11

The movement certificate shall be submitted to the customs authorities of the importing State in accordance with its procedural requirements. Those authorities shall have the right to require a translation of it. They may require the import declaration to be supplemented by a statement by the importer that the goods satisfy the conditions required by the Agreement.

Article 12

Form AE2, a specimen of which is annexed to this Protocol, shall be completed by the exporter. It shall be in one of the official languages of the European Economic Community and shall comply with the internal laws of the exporting country. It shall be typed or handwritten; if the latter, it shall be in ink in block letters.

Form AE2 shall consist of two parts, each measuring 21 x 14.8 cm. The paper used shall be white sized writing paper containing no mechanical pulp, and weighing not less than 64 g per sq m. A band consisting of three blue stripes, each 3 mm wide, shall be printed diagonally across the front of each part from the lower left to the top right corner.

Form AE2 may be perforated by machine so that the two parts may be detached, as also the label which is to be affixed to the consignment. The reverse of that part may be gummed.

The Member States and Spain may themselves print the forms or may entrust the work to printers authorized by them. In the latter case reference to that authorization must appear on each form. Each part must bear the distinguishing mark of the authorized printers and an identifying serial number.

Article 13

A form AE2 shall be made out for each postal packet. After completing and signing both parts the exporter shall place his declaration (part 1) inside the packet and affix the label from part 2 of form AE2 to the outer wrapping.

These provisions shall not exempt exporters from compliance with the other formalities laid down by customs or postal regulations.

Article 14

Unless improper use is suspected, the customs authorities of the Member State or of Spain shall apply the provisions of the Agreement to the goods contained in a packet bearing a label AE2.

In order to make a random check or where an irregularity is suspected, the customs authorities of the Member State or of Spain may request verification by the customs authorities of Spain or of the Member States, sending them for that purpose part 1 of form AE2 which was enclosed in the packet, and they may await the results of that verification before applying the provisions of the Agreement. In such cases the goods may be released to the importer subject to such safeguards as may be considered necessary.

Article 15

1. The Member States and Spain shall, without requiring the production of movement certificate AE1 or the completion of a form AE2, apply the provisions of the Agreement to goods imported in small packets addressed to individuals or contained in the personal luggage of travellers, if these goods serve no commercial purpose and they are declared to comply with the conditions required for the application of these provisions and the accuracy of this declaration is not in doubt.

2. Imports shall be considered as serving no commercial purpose if they are occasional and consist exclusively of goods for the personal or family use of the addresses or travellers ; the nature or quantity of such goods must not be such as might indicate that they are being imported for commercial reasons. Furthermore, the total value of these goods must not exceed 60 units of account for small packets or 200 units of account for the contents of the personal luggage of travellers.

Article 16

The Member States and Spain shall afford each other assistance through their respective customs authorities in verifying the authenticity and accuracy of movement certificates AE1 and of the exporter's declaration on forms AE2, in order to ensure that this Title is properly applied.

The Joint Committee shall make such recommendations as are necessary for the application of this Protocol, and in particular of this Title, so that methods of administrative cooperation may be applied in good time in the Member States and in Spain.

TITLE III

Final provisions

Article 17

The Member States and Spain shall take all necessary measures to ensure that movement certificates AE1 can be submitted, in accordance with Article 11, from the date of the entry into force of the Agreement.

Article 18

Spain, the Member States and the Community shall, each for its part, take the measures necessary for the implementation of this Protocol.

Article 19

The Explanatory Notes, Lists A, B and C, the specimen movement certificate AE1 and the specimen form AE2 shall form an integral part of this Protocol.

Article 20

The provisions of the Agreement may be applied to goods which comply with the provisions of Title 1 and which, on the date of the entry into force of the Agreement, are either in transit, or are in a Member State or in Spain in temporary storage, in bonded warehouses or in free zones, subject to the production, to the customs authorities of the importing country within two month from that date, of a certificate AE1 endorsed retrospectively by the competent authorities of the exporting State, together with documents showing that the goods have been transported direct.

EXPLANATORY NOTES

Note 1 - to Article 1:

The expression "in the Member States" or "in Spain" shall also cover territorial waters and ships operating on the high seas, including "factory ships", on board which fishery catches are processed or prepared, provided that they satisfy the conditions set out in Explanatory Note 4.

Note 2 - to Article 1:

For the purpose of determining whether goods originate in the Community or in Spain, the question whether the fuel and power, equipment, machinery and tools used in manufacturing those goods originated in a third State shall be irrevelant.

Note 3 - to Article 1:

Packaging shall be considered as forming an integral part of the products which it contains. Nevertheless, this provision shall not apply to packaging which is not of the usual type for the product packed and which has a lasting utility value of its own apart from its nature as packaging.

Note 4 - to Article 2 (f):

The expression "their ships" shall apply only in respect of ships:

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

- which fly the flag of a Member State or of Spain,

- which are owned at least as to half by nationals of the Member States or of Spain or by a company or firm whose head office is situated in one of those States and of which the manager or managers, the chairman of the board of directors or of the supervisory board and the majority of the members of these boards are nationals of the Member States or of Spain and of which, whether or not it is with limited liability, at least half the capital is owned by those States, by bodies governed by public law or by nationals of those States,

- whose officers are all nationals of the Member States or of Spain,

- of which at least 75 per cent of the crew is composed of nationals of the Member States or of Spain.

Note 5 - to Article 4:

"Ex-factory price" means the price paid to the manufacturer by whom the goods have been sufficiently worked or processed. Where such working or processing has been done successively by two or more manufacturers, the price shall be that paid to the last manufacturer.

Note 6 - to Article 5 (c):

1. For the application of Article 5 (c), the carriage of goods, traded between the Member States and Spain, through territories other than those of the Contracting Parties, shall be justified for geographical reasons when such carriage is occasioned by the need to load or unload goods at the Portuguese ports of Lisbon or Oporto.

2. While passing through territories other than those of the Contracting Parties, products originating in a Member State or in Spain shall:

- remain under the supervision of the customs authorities of the country of transit and may not be put into free circulation there,

- undergo, while in transit, only such forms of handling as are needed to prevent their deterioration.

Proof that these conditions are satisfied shall be furnished by the production to the customs authorities of the country of destination of a certificate issued by the customs authorities of the country of transit and containing:

- an exact description of the goods,

- the date of loading or unloading of the goods and the names of the ships,

- a certified statement of the conditions under which transit took place or, failing that, any other document accepted as conclusive by the country of destination.

Note 7 - to Article 8:

A provisional movement certificate AE1 may be issued for goods exported from Spain under the terms of Article 5 (c) where the final destination is not known at the time they leave Spain.

This shall later be replaced by a final movement certificate AE1 or, where consignments are divided before loading, by several such certificates, where proof is furnished to the customs authorities which issued the first certificate that the goods have been dispatched to a Member State.

The provisional certificate must be made out on the form prescribed by Article 10. Under the heading "remarks" the word "PROVISIONAL" shall be entered in red ink, in block letters.

Note 8 - to Article 8:

Where a movement certificate AE1 relates to products originally imported from a Member State or from Spain and later re-exported in the same state, the new certificates issued by the re-exporting State must show the State in which the first movement certificate was issued.

Note 9 - to Article 13:

After having completed form AE2, the exporter shall enter "AE2" followed by the serial number of the form used, either on the green C1 label or on the C2 or C2M declaration, or in the section "Remarks" of customs declarations CP3 or CP3M.

LIST A

List of working or processing operations which result in a change of tariff heading without conferring the status of "originating product" on the products undergoing such operations, or conferring this status only subject to certain conditions

LIST B

List of working or processing operations which do not result in a change of tariff heading, but which do confer the status of "originating product" on the products undergoing such operations

LIST C

List of products temporarily excluded from the scope of this Protocol

GOODS FOR WHICH A MOVEMENT CERTIFICATE AE1 MAY BE ENDORSED OR A FORM AE2 MADE OUT

A movement certificate AE1 may be endorsed or a form AE2 (*) made out for goods which in the exporting country fall within one of the following categories:

(*) For the completition of form AE2 the value of the goods must not exceed 1 000 units of account per postal packet.

Category 1

Goods wholly obtained or produced either in the Member States (**) or in Spain.

(**) The Member States are : the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands in Europe.

The following shall be considered as wholly obtained or produced in the Member States or in Spain:

(a) mineral products extracted from the ground thereof;

(b) vegetable products harvested therein;

(c) live animals born and raised therein;

(d) products derived from live animals raised therein;

(e) products of hunting and fishing therein;

(f) marine products taken from the sea by their ships;

(g) waste and scrap derived from manufacturing processes and used articles, fit only for recovery of raw materials, if they were collected therein;

(h) goods derived exclusively from the animals or products referred to in subparagraphs (a) to (g) or from their derivatives.

Category 2

Goods obtained or produced within the Member States or in Spain and manufactured entirely from products originally imported from Spain or from the Member States and which on exportation met the conditions for the issue of an AE1 certificate or, where appropriate, from a combination of such products and category 1 products.

Category 3

Goods obtained or produced within the Member States or in Spain, in the manufacture of which were used products other than those falling within categories 1 or 2, provided that the working or processing operations which these products (hereinafter called "third country products") have undergone.

(a) have had the effect of placing the resultant goods under a tariff heading (***) other than those in which any of the third country products fell, unless the working or processing operations in question appear in List A annexed to the Protocol on the definition of the concept of "originating products" and on methods of administrative cooperation; or

(***) Tariff headings shall be those of the Brussels Nomenclature.

(b) if appearing in List A referred to under (a), meet the special conditions laid down with respect to them in List A; or

(c) have not had the effect of placing the resultant goods under a tariff heading other than those in which the third country products fell, but appear in List B annexed to the Protocol on the definition of the concept of "originating products" and on methods of administrative cooperation.

FINAL ACT

The Plenipotentiaries of the Council of the European Communites, of the one part, and the Spanish Head of State, of the other part, meeting at Luxembourg on the twenty-ninth day of June in the year one thousand nine hundred and seventy for the signature of the Agreement between the European Economic Community and Spain,

have, in signing that Agreement,

- adopted the Joint Declarations by the Contracting Parties listed below:

1. Joint Declaration by the Contracting Parties on Article 2 (3) of the Agreement;

2. Joint Declaration by the Contracting Parties on Article 6 of the Agreement;

3. Joint Declaration by the Contracting Parties on bilateral trade agreements;

4. Joint Declaration by the Contracting Parties on amendments to customs tariffs and import regulations;

5. Joint Declaration by the contracting Parties on Articles 2, 3, 4, 5, 7, 9, 10 and 11 of Annex I;

6. Joint Declaration by the Contracting Parties on Articles 7 and 8 of Annex I;

7. Joint Declaration by the Contracting Parties on Articles 1 and 2 of Annex II;

8. Joint Declaration by the Contracting Parties on Article 7 of Annex II;

9. Joint Declaration by the Contracting Parties on Article 8 of Annex II;

- taken note of the Declarations by the Community delegation listed below:

1. Declaration by the Community delegation on certain wines;

2. Declaration by the Community delegation on Articles 2, 3 and 4 of Annex I;

- taken note of the Declarations by the Spanish delegation listed below:

1. Declaration by the Spanish delegation on Article 1 of Annex II;

2. Declaration by the Spanish delegation on Article 5 of Annex II;

3. Declaration by the Spanish delegation on Articles 9 and 10 of Annex II;

4. Declaration by the Spanish delegation on the arrangements for lodging deposits on the importation of goods into Spain.

The abovementioned Declarations are annexed to this Final Act.

The Plenipotentiaries have agreed that these Declarations shall be subjected, in the same manner as for the Agreement, to any internal procedures that may be necessary to ensure their validity.

In witness whereof, the undersigned Plenipotentiaries have signed this Final Act.

Done at Luxembourg this twenty-ninth day of June in the year one thousand nine hundred and seventy.

For the Council of the European Communities,

Pierre HARMEL

Jean REY

Subject to the reservation that the European Economic Community shall not be finally bound until notification has been given to the other Contracting Party of the completion of the procedures required by the Treaty establishing the European Economic Community.

For the Spanish Head of State,

Gregorio LOPEZ BRAVO

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 2(3) OF THE AGREEMENT

In order to give effect to the concessions granted under Annexes I and II, the Contracting Parties agree to take the measures necessary to ensure that the import opportunities which they have mutually opened will not be affected by measures laid down by law, regulation or administrative action, or by administrative practices.

Such measures may be the subject of consultations in the Joint Committee.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 6 OF THE AGREEMENT

The Contracting Parties confirm that Article 6 of the Agreement does not cover the export duties of their mutual trade which are levied so that by mutual agreement the application of certain provisions for the organization of agricultural markets, in particular certain duties provided for therein, may be adjusted in regard to imports.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON BILATERAL TRADE AGREEMENTS

The Contracting Parties agree as follows:

1. The provisions of the Agreement between the European Economic Community and Spain, both as regards the general provisions and the special provisions relating to specific products, shall be substituted for those provisions of the agreements concluded between the Member States of the Community and Spain which are incompatible with or identical to them.

2. Matters falling within Article 113 of the Treaty establishing the European Economic Community and not dealt with in this Agreement, in particular those contained in bilateral agreements between the Member States and Spain, shall be settled in accordance with the common commercial policy of the Community.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON AMENDMENTS TO CUSTOMS TARIFFS AND TO IMPORT ARRANGEMENTS

The Contracting Parties agree to notify each other with the minimum delay of any alterations made to their respective customs tariffs or to their import regulations.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLES 2, 3, 4, 5, 7, 9, 10 AND 11 OF ANNEX I

The rates of duty in the Common Customs Tariff duty to be used for calculation of the reduced rates listed in Articles 2, 3, 4, 5, 7, 9, 10 and 11 of Annex I, shall not be those which would be applied under the system of generalized preferences envisaged within the framework of the United Nations Conference on Trade and Development (UNCTAD) or in accordance with the rules of the General Agreement on tariffs and Trade (GATT).

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLES 7 AND 8 OF ANNEX I

The Contracting Parties agree that where in Annex I there is a reference to the provisions of Regulation No 23 and of Article 14 of Regulation No 136/66/EEC, the arrangements referred to are those applicable to third countries at the time of importation of the products in question.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLES 1 AND 2 OF ANNEX II

The rates of duty in the Spanish Customs Tariff duty to be used for calculation of the reduced duties listed in Article 1 and 2 of Annex II shall not be those which would be applied under the system of generalized preferences, envisaged within the framework of the United Nations Conference on Trade and Development (UNCTAD) or in accordance with the rules of the General Agreement on Trade and Tariffs (GATT).

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 7 OF ANNEX II

The Contracting Parties agree that the provisions of Article 7 of Annex II shall apply to imports into Spain of products listed below which are subject to quantitative restrictions:

They furthermore confirm that import authorizations for such products originating in the Community may not be less in value than imports effected in 1968.

JOINT DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 8 OF ANNEX II

The Contracting Parties confirm that the provisions of Article 8 of Annex II shall not preclude the possibility of altering by mutual agreement the threshold price of 100.48 pesetas per kilogramme or the margin of 6.30 pesetas per kilogramme, laid down in that Annex.

DECLARATION BY THE COMMUNITY DELEGATION ON CERTAIN WINES

The Community has submitted the following offer to Spain:

A. Sherry and Malaga wines

- the Common Customs Tariff duties on Sherry and Malaga wines (heading No ex 22.05) originating in Spain and imported into the Community would be reduced by 60 % and 50 % respectively;

- such reductions would be made under the following conditions:

In the case of Italy, these concessions would be granted only in respect of wines in containers of two litres or less.

B. Jumilla, Priorato, Rioja, and Valdepeñas wines

- the Common Customs Tariff duties on Jumilla, Priorato, Rioja and Valdepeñas wines (heading No ex 22.05) originating in Spain and imported into the Community would be reduced by 30 %.

- such reductions would be made within a tariff quota of 6 000 hectolitres;

- these concessions would be granted for wines in containers of two litres or less.

As the Community is entitled to reconsider these arrangements after the entry into force of common regulations for the market in wine, it will, after those regulations have entered into force, grant concessions for the wines listed under A and B above comparable to those outlined in the above offer.

DECLARATION BY THE COMMUNITY DELEGATION ON ARTICLES 2, 3, AND 4 OF ANNEX I

The Community will consider whether the reductions in customs duties listed in Articles 2, 3 and 4 of Annex I on products originating in Spain imported into the Community could from 1 January 1974 be increased to 70 % of the Common Customs Tariff.

DECLARATION BY THE SPANISH DELEGATION ON ARTICLE 1 OF ANNEX II

Should the Community decide to increase the reductions in the Common Customs Tariff duties listed in Articles 2, 3, and 4 of Annex I to 70 % from 1 January 1974, the customs duties and charges having equivalent effect on products originating in the Community included in Lists A and B of Annex II will be those of the Spanish Customs Tariff, reduced by the following percentages and in accordance with the following timetable:

DECLARATION BY THE SPANISH DELEGATION ON ARTICLE 5 OF ANNEX II

The Spanish Government confirms that the provisions of the second subparagraph of Article 5 (5) of Annex II may be applied to the following products:

- sulphur of all kinds (Spanish Customs Tariff heading Nos 25.03 and 28.02)

- iron pyrites (Spanish Customs Tariff heading Nos 25.02 and ex 26.01)

- lead ores (Spanish Customs Tariff heading No 26.01 E)

- ash and residues containing lead (Spanish Customs Tariff heading No 26.03 A).

DECLARATION BY THE SPANISH DELEGATION ON ARTICLES 9 AND 10 OF ANNEX II

Should the arrangements applicable to the products covered by Articles 9 and 10 of Annex II on their importation either into the Peninsula and Balearic Isles or into the territories subject to special treatment be modified, the Spanish Government shall grant equivalent advantages to the Community.

DECLARATION BY THE SPANISH DELEGATION ON THE LODGING OF DEPOSITS ON IMPORTS INTO SPAIN

Considering that the provision for the lodging of deposits by importers is incompatible with the aims of the Agreement, the Spanish Government hereby declares that such provision is of a temporary nature and that it will cease to apply on 9 December 1970.

The Spanish Government points out, however, that the express purpose of the protective clause of the Agreement is to correct the kind of situation which gave rise to the provision for the lodging of deposits.

LETTERS EXCHANGED AT LUXEMBOURG ON 29 JUNE 1970 BETWEEN THE HEADS OF THE TWO DELEGATIONS

Exchange of Letters on Bilateral Trade Agreements

Luxembourg, 29 June 1970

Your Excellency,

I have the honour to bring to your notice the following Declaration made by the Representatives of the Governments of the Member States of the European Economic Community:

"As regards aspects of trade not covered by the Agreement, the mutual trade advantages granted bilaterally shall be maintained under the conditions laid down in trade agreements;

without prejudice to any adjustments within the framework of present or future provisions of the common commercial policy of the Community."

I shall be obliged if you will acknowledge receipt of this letter and confirm the agreement of your Government with this declaration.

Please accept, Your Excellency, the assurance of my highest consideration.

Helmut SIGRIST

Head of the Delegation of the European Economic Community

To the Head of the Spanish Delegation

Luxembourg, 29 June 1970

Your Excellency,

You were good enough to make the following communication to me in your letter of today's, date:

Your Excellency,

I have the honour to bring to your notice the following Declaration made by the Representatives of the Governments of the Member States of the European Community:

"As regards aspects of trade not covered by the Agreement, the mutual trade advantages granted bilaterally shall be maintained under the conditions laid down in trade agreements, without prejudice to any adjustments within the framework of present or future provisions of the common commercial policy of the Community.

I shall be obliged if you will acknowledge receipt of this letter and confirm the agreement of your Government with this declaration.

Please accept, Your Excellency, the assurance of my highest consideration."

I have the honour to acknowledge receipt of your communication and to confirm that my Government is in agreement with the declaration.

Please accept, Your Excellency, the assurance of my highest consideration.

Alberto ULLASTRES

Head of the Spanish Delegation

To the Head of the Delegation of the European Economic Community

Letters on Matters Relating to Investment in Spain

Luxembourg, 29 June 1970

Your Excellency,

I have the honour to bring to your notice the following Declaration made at your request by the Representatives of the Governments of the Member States of the European Economic Community:

"The Member States of the European Economic Community declare their readiness to review with the Spanish Government questions relating to the investments of Community capital in Spain. The arrangements for such reviews will be determined in accordance with the questions to be examined in each case."

I shall be obliged if you will acknowledge receipt of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

Helmut SIGRIST

Head of the Delegation of the European Economic Community

To the Head of the Spanish Delegation

Luxembourg, 29 June 1970

Your Excellency,

You were good enough to make a communication to me on questions relating to the investment of Community capital in Spain.

I have the honour to acknowledge receipt of your communication.

Please accept, Your Excellency, the assurance of my highest consideration.

Alberto ULLASTRES

Head of the Spanish Delegation

To the Head of the Delegation of the European Economic Community

Luxembourg, 29 June 1970

Your Excellency,

I have the honour to bring to your notice the following Declaration made by the Spanish Government:

"The Spanish Government declares its readiness to review with the Member States of the European Economic Community questions relating to the investment of Community capital in Spain. The arrangements for such reviews will be determined in accordance with the questions to be examined in each case."

I shall be obliged if you will acknowledge receipt of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

Alberto ULLASTRES

Head of the Spanish Delegation

To the head of the Delegation of the European Economic Community

Luxembourg, 29 June 1970

Your Excellency,

You were good enough to make a communication to me on questions relating to the investment of Community capital in Spain.

I have the honour to acknowledge receipt of your communication.

Please accept, Your Excellency, the assurance of my highest consideration.

Helmut SIGRIST

Head of the Delegation of the European Economic Community

To the Head of the Spanish Delegation

Letters on products covered by the Treaty establishing the European Coal and Steel Community

Luxembourg, 29 June 1970

Your Excellency,

I have the honour to bring to your notice the following Declaration made by the Representatives of the Governments of the Member States of the European Coal and Steel Community:

"The Governments of the Member States agree that questions arising out of trade in products covered by the Treaty establishing the European Coal and Steel Community may be reviewed as necessary, under procedures and conditions to be laid down by mutual agreement at the appropriate time and according to the circumstances."

I shall be obliged if you will acknowledge receipt of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

Helmut SIGRIST

Head of the Delegation of the European Economic Community

To the Head of the Spanish Delegation

Luxembourg, 29 June 1970

Your Excellency,

You were good enough to make a communication to me on products covered by the Treaty establishing the European Coal and Steel Community.

I have the honour to acknowledge receipt of your communication.

Please accept, Your Excellency, the assurance of my highest consideration.

Alberto ULLASTRES

Head of the Spanish Delegation

To the Head of the Delegation of the European Economic Community

Luxembourg, 29 June 1970

Your Excellency,

I have the honour to bring to your notice the following Declaration made by the Spanish Government:

"The Spanish Government agrees that questions arising out of trade in products covered by the Treaty establishing the European Coal and Steel Community may be reviewed, as necessary, under procedures and conditions to be laid down by mutual agreement at the appropriate time and according to the circumstances."

I shall be obliged if you will acknowledge receipt of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

Alberto ULLASTRES

Head of the Spanish Delegation

To the Head of the Delegation of the European Economic Community

Luxembourg, 29 June 1970

Your Excellency,

You were good enough to make a communication to me on products covered by the Treaty establishing the European Coal and Steel Community.

I have the honour to acknowledge receipt of your communication.

Please accept, Your Excellency, the assurance of my highest consideration.

Helmut SIGRIST

Head of the Delegation of the European Economic Communities

To the Head of the Spanish Delegation