SECOND ADDITIONAL PROTOCOL

to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

THE EUROPEAN ECONOMIC COMMUNITY,

of the on part, and

THE SWISS CONFEDERATION,

of the other part,

HAVING REGARD to the Agreement between the European Economic Community and the Swiss Confederation, signed in Brussels on 22 July 1972, hereinafter called ‘the Agreement’, and to the Additional Protocol to that Agreement consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 14 July 1986,

WHEREAS, under Regulation (EEC) No 839/88, the collection of customs duties as applied by the Community of Ten to certain products imported from Spain and Portugal was totally suspended once the level of the duties fell to 2 % or less;

WHEREAS, on 15 June 1988, the Ministers of the Member States of the European Free Trade Association agreed to take similar measures on products imported from Spain;

WHEREAS the Additional Protocol to the Agreement does not make provision for the Swiss Confederation to suspend customs duties on goods imported from Spain;

WHEREAS, however, no further measures are necessary in trade between the Swiss Confederation and the Portuguese Republic, since the customs duties on products covered by the Agreement imported into Switzerland from Portugal had already been abolished before that country acceded to the Community,

HAVE DECIDED, by common accord, to provide for the total suspension of customs duties on products covered by the Agreement imported into Switzerland from Spain, when such duties fall to 2 % or less, and

TO CONCLUDE THIS PROTOCOL:

Article 1

1.   The collection of customs duties applicable in Switzerland, pursuant to Article 3 of the Additional Protocol to the Agreement, on products imported from Spain shall be totally suspended as soon as the level of the duties falls to 2 % ad valorem or less.

2.   Paragraph 1 shall apply mutatis mutandis to specific customs duties the level of which does not exceed 2 % ad valorem.

Article 2

This Protocol shall form an integral part of the Agreement.

Article 3

This Protocol shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the date on which the Contracting Parties have notified each other that the procedures necessary to this end have been completed.

Article 4

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