21987A1021(02)

ADDITIONAL PROTOCOL to the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE ARAB REPUBLIC OF EGYPT,

of the other part,

HAVING REGARD to the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt, signed at Brussels on 18 January 1977, hereinafter referred to as the 'Agreement',

CONSIDERING that the Community and Egypt wish to strengthen still further their relations in order to take account of the new dimension created by the accession to the European Communities of Spain and Portugal, on

1 January 1986, and that Article 46 of the Agreement provides for the possibility of improvements in its terms,

CONSIDERING that certain rules should be foreseen to enable Egypt's traditional export trade with the Community to be maintained,

HAVE DECIDED to conclude a Protocol adapting certain provisions of the Agreement, and to this end have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT:

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

HAVE AGREED AS FOLLOWS:

Article 1

1. Customs duties applicable under the Agreement to imports into the Community of products originating in Egypt covered by the Agreement and listed in Annex A to this Protocol shall be phased out over the same periods and at the same rates as provided in the Act of Accession of Spain and Portugal in respect of imports into the Community as constituted on 31 December 1985 of the same products from Spain and Portugal. This provision shall be applied in accordance with the rules hereinafter set out in this Article.

In the course of this phasing-out of customs duties and where the level of customs duty in force for Spanish imports into the Community as constituted on 31 December 1985 differs from that for Portugal, products originating in Egypt shall be subject to the higher of the two rates.

2. Where the customs duty on a product listed in Annex A is lower for Egypt than for Spain, Portugal or both, phasing out of the duty shall commence once the duty on the same product from both Spain and Portugal has fallen below that applying to imports originating in Egypt.

3. Customs duties on imports of products originating in Egypt and listed in Annex A in respect of which Community tariff quotas are indicated in the said Annex shall be phased out within the limits of such quotas.

Once the volume of imports of these products exceeds the quotas, the Community shall apply the customs duties prevailing under the Agreement.

4. For the purposes of phasing out customs duties, reference quanitities are established in Annex A for certain products originating in Egypt.

Should the volume of imports of one of these products exceed the reference quantity, the Community, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a Community tariff quota as provided for in paragraph 3, the volume of which shall be equal to the reference quantity.

5. For the products listed in Annex A for which reference quantities are not therein fixed, the Community may establish a reference quantity as provided for in paragraph 4 if it discovers, in the light of the annual review of trade flows which it shall carry out, that the volume of imports threatens to cause difficulties on the Community market.

Article 2

For the products originating in Egypt and listed in Annex B to this Protocol, the custom duties applicable to imports into the Community shall be phased out in accordance with paragraphs 1 and 3 to 5 of Article 1.

Should any of the products in Annex B be made subject to Community tariff quotas, the Community shall apply the Common Customs Tariff to the volume of imports in excess of such tariff quotas.

Article 3

1. For 1990 and for each successive marketing year, the Community shall decide, on the basis of the statistical review and analysis referred to in paragraph 2, and taking into account factors relevant to the objective of maintaining traditional trade flows in the context of enlargement, whether to adjust the entry price, referred to in Regulation (EEC) N° 1035/72, for fresh oranges falling within Common Customs Tariff subheading 08.02 ex A originating in Egypt, within a quantitative limit of 7 000 tonnes.

2. From 1987 onwards and at the end of each marketing year, the Community shall carry out, on the basis of a statistical review, an analysis of the situation for oranges originating in Egypt exported to the Community.

For this same product, from 1989 onwards and for each subsequent year, the Community shall draw up, together with Egypt, a forecast of production and deliveries.

3. The possible adjustment provided for in paragraph 1 refers to the sum to be deducted, in respect of customs duty, from the representative prices recorded in the Community for the purpose of calculating the entry price of this product, within the limits set out in Article 152 (2) (c) of the Act of Accession of Spain and Portugal.

Article 4

Upon the entry into force of this Protocol, quantitative restrictions shall be removed from imports into the Community of the products originating in Egypt and listed in Annex B to the Agreement, and measures having an effect equivalent to quantitative restrictions on such imports shall also be abolished.

Article 5

1. A Trade and Economic Cooperation Committee shall be set up for the purpose of improving the operation of the institutional mechanisms of the Agreement. The committee shall facilitate:

- the regular exchange of information on trade and production data and forecasts,

- the regular exchange of information on the possibilities for cooperation in areas covered by the Agreement.

The committee shall be chaired alternately by a representative of the Commission of the European Communities and a representative of Egypt.

2. The Cooperation Council shall determine as soon as possible the composition of this committee and how it shall function, in accordance with Article 40 (2) of the Agreement. It may also decide, where appropriate, upon the submission of reports to the Council by the committee.

Article 6

From 1995 onwards, the Community and Egypt shall examine the results of the cooperation between the Contracting Parties in order to appraise the situation and the future development of their relations in the light of the objectives defined in the Agreement.

Article 7

This Protocol shall form an integral part of the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt.

Article 8

1. This Protocol shall be ratified, accepted or approved by the Contracting Parties in accordance with their own procedures; the Contracting Parties shall notify each other of the completion of the procedures necessary to that end.

2. This Protocol shall enter into force on the first day of the month following that in which the notification provided for in paragraph 1 was given.

Article 9

This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Arabic languages, each of these texts being equally authentic.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Protocolo.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne protokol.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Protokoll gesetzt.

Åéò ðßóôùóç ôùí áíùôÝñù, ïé õðïãåãñáììÝíïé ðëçñåîïýóéïé Ýèåóáí ôéò õðïãñáöÝò ôïõò óôï ðáñüí ðñùôüêïëëï.

In witness whereof the undersigned Plenipotentiaries have signed this Protocol.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent protocole.

In fede di che, in plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente protocollo.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Protocol hebben gesteld.

Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente Protocolo.

Hecho en Bruselas, el venticinco de junio de mil novecientos ochenta y siete.

Udfærdiget i Bruxelles, den femogtyvende juni nitten hundrede og syvogfirs.

Geschehen zu Brüssel am fünfundzwanzigsten Juni neunzehnhundertsiebenundachtzig.

ßÅãéíå óôéò ÂñõîÝëëåò, óôéò åßêïóé ðÝíôå Éïõíßïõ ÷ßëéá åííéáêüóéá ïãäïíôá åöôÜ.

Done at Brussels on the twenty-fifth day of June in the year one thousand nine hundred and eighty-seven.

Fait à Bruxelles, le vingt-cinq juin mil neuf cent quatre-vingt-sept.

Fatto a Bruxelles, addì venticinque giugno millenovecentottantasette.

Gedaan te Brussel, de vijfentwintigste juni negentienhonderd zevenentachtig.

Feito em Bruxelas, em vinte e cinco de Junho de mil novecentos e oitenta e sete.

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìqïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Por el Gobierno de la República Árabe de Egipto

For regeringen for Den Arabiske Republik Egypten

Für die Regierungen der Arabischen Republik Ägypten

Ãéá ôçí ÊõqÝñíçóç ôçò ÁñáqéêÞò Äçìïêñáôßáò ôçò Áéãýðôïõ

For the Government of the Arab Republic of Egypt

Pour le gouvernement de la république arabe d'Égypte

Per il governo della Repubblica araba d'Egitto

Voor de Regering van de Arabische Republiek Egypte

Pelo Governo da República Árabe do Egipto

ANNEX A

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ANNEX B

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Joint Declaration by the Contracting Parties on Articles 1 and 2 of the Additional Protocol

The Contracting Parties agree that, should the entry into force of the Additional Protocol not coincide with the start of the calendar year or, as the case may be, the seasonal year, the quantitative limits referred to in Articles 1 and 2 shall be applied on a pro rata basis.

The Contracting Parties further agree that the charging against quantitative limits of Community imports of products originating in Egypt and subject to such limits under the Additional Protocol shall begin on 1 January of each year, except in respect of oranges, for which the date of 1 July shall apply.

Joint Declaration by the Contracting Parties concerning new potatoes falling within Common Customs Tariff subheading 07.01 A II ex a)

To avoid disturbance on the Community market, the Contracting Parties agree to meet within an advisory working party to examine the situation on the potato markets (state of harvests and supply situation) both in the Community importing countries and in the Mediterranean exporting countries. The members of this working party will be designated by the Governments of the main Mediterranean exporting and Community importing countries.

The working party, chaired by the Commission of the European Communities, would meet at least three times a year, in particular before sowing takes place in the exporting countries and at the time of deliveries.

These meetings would enable the main potato-exporting countries to be informed both of the receiving markets and of competing markets, and their purpose would be to draw up indicative export timetables designed to prevent deliveries being concentrated around sensitive periods for the Community market.

Declaration by the Representative of the Federal Republic of Germany on the definition of German nationality

Every German person, within the meaning of the basic constitutional law applying in the Federal Republic of Germany, is considered as a national of the Federal Republic of Germany.

Declaration by the Representative of the Federal Republic of Germany on the application of the Additional Protocol to Berlin

The Additional Protocol shall also apply to Land Berlin provided that no statement to the contrary by the Government of the Federal Republic of Germany is addressed to the other Contracting Parties within three months of the entry into force of the Protocol.