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Document 21994A1231(20)

Europe Agreement establishing an association between the European Economic Communities and their Member States, of the one part, and Romania, of the other part - Protocol 1 on textile and clothing products - Protocol 2 on ECSC products - Protocol 3 on trade between Romania and the Community in processed agricultural products referred to in Article 20 of the Agreement - Protocol 4 concerning the definition of the concept of originating products and methods of administrative cooperation - Protocol 5 on specific provisions concerning trade between Romania, of the one part, and Spain and Portugal, of the other part - Protocol 6 on mutual assistance in customs matters - Protocol 7 on concessions with annual limits - Final Act - Joint Declarations - Declaration by the Commission of the European Communities concerning Article 2 (3) of Protocol 1 - Declarations by the Community - Declarations by Romania

OJ L 357, 31.12.1994, p. 2–173 (ES, DA, DE, EL, EN, FR, IT, NL, PT)
Special edition in Finnish: Chapter 11 Volume 035 P. 4 - 191
Special edition in Swedish: Chapter 11 Volume 035 P. 4 - 191
Special edition in Czech: Chapter 11 Volume 059 P. 3 - 200
Special edition in Estonian: Chapter 11 Volume 059 P. 3 - 200
Special edition in Latvian: Chapter 11 Volume 059 P. 3 - 200
Special edition in Lithuanian: Chapter 11 Volume 059 P. 3 - 200
Special edition in Hungarian Chapter 11 Volume 059 P. 3 - 200
Special edition in Maltese: Chapter 11 Volume 059 P. 3 - 200
Special edition in Polish: Chapter 11 Volume 059 P. 3 - 200
Special edition in Slovak: Chapter 11 Volume 059 P. 3 - 200
Special edition in Slovene: Chapter 11 Volume 059 P. 3 - 200

In force

21994A1231(20)

Europe Agreement establishing an association between the European Economic Communities and their Member States, of the one part, and Romania, of the other part - Protocol 1 on textile and clothing products - Protocol 2 on ECSC products - Protocol 3 on trade between Romania and the Community in processed agricultural products referred to in Article 20 of the Agreement - Protocol 4 concerning the definition of the concept of originating products and methods of administrative cooperation - Protocol 5 on specific provisions concerning trade between Romania, of the one part, and Spain and Portugal, of the other part - Protocol 6 on mutual assistance in customs matters - Protocol 7 on concessions with annual limits - Final Act - Joint Declarations - Declaration by the Commission of the European Communities concerning Article 2 (3) of Protocol 1 - Declarations by the Community - Declarations by Romania

Official Journal L 357 , 31/12/1994 P. 0002 - 0189
Finnish special edition: Chapter 11 Volume 35 P. 0004
Swedish special edition: Chapter 11 Volume 35 P. 0004


EUROPE AGREEMENT establishing an association between the European Economic Communities and their Member States, of the one part, and Romania, of the other part

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN ECONOMIC COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'Member States`, and

The EUROPEAN ECONOMIC COMMUNITY, the EUROPEAN ATOMIC ENERGY COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as 'the Community`,

of the one part,

and ROMANIA

of the other part,

CONSIDERING the importance of the traditional links existing between the Community, its Member States and Romania and the common values that they share,

RECOGNIZING that the Community and Romania wish to strengthen these links and to establish close and lasting relations, based on reciprocity, which would allow Romania to take part in the process of European integration, thus strengthening and widening the relations established in the past notably by the Agreement on Trade and Commercial and Economic Cooperation, signed on 22 October 1990,

CONSIDERING the opportunities for a relationship of a new quality offered by the emergence of a new democracy in Romania,

CONSIDERING the commitment of the Community and its Member States and of Romania to strengthening the political and economic freedoms which constitute the very basis of the association,

RECOGNIZING the need to continue and complete, with the assistance of the Community, Romania's transition towards a new political and economic system which respects the rule of law and human rights, including the rights of persons belonging to minorities, operates a multi-party system with free and democratic elections, and provides for economic liberalization in order to establish a market economy,

CONSIDERING the firm commitment of the Community and its Member States and of Romania to the full implementation of all principles and provisions contained in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the concluding documents of Vienna and Madrid, the Charter of Paris for a New Europe, the CSCE Helsinki document 'The Challenges of Change`, and the European Energy Charter,

CONSCIOUS of the importance of this Agreement to establishing and enhancing in Europe a system of stability based on cooperation, with the Community as one of the cornerstones,

BELIEVING that a link should be made between full implementation of association on the one hand, and continuation of the actual accomplishment of Romania's political, economic and legal reforms on the other hand, as well as the introduction of the factors necessary for cooperation and the actual rapprochement between the Parties' systems, notably in the light of the conclusions of the CSCE Bonn Conference,

DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest,

TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reform and to help Romania cope with the economic and social consequences of structural readjustment,

TAKING ACCOUNT furthermore of the Community's willingness to set up instruments of cooperation and economic, technical and financial assistance on a global and multiannual basis,

CONSIDERING the commitment of the Community and Romania to free trade, and in particular to comply with the rights and obligations arising out of the General Agreement on Tariffs and Trade,

CONSCIOUS of the need to establish the necessary conditions for the freedom of establishment, the freedom to provide services and the free movement of capital,

BEARING in mind the economic and social disparities between the Community and Romania and thus recognizing that the objectives of this association should be reached through appropriate provisions of this Agreement,

CONVINCED that this Agreement will create a new climate for their economic relations and in particular for the development of trade and investment, instruments which are indispensable for economic restructuring and technological modernization,

DESIROUS of establishing cultural cooperation and developing exchanges of information,

RECOGNIZING the fact that Romania's ultimate objective is to become a member of the Community, and that this association, in the view of the Parties, will help Romania to achieve this objective,

HAVE DECIDED to conclude this Agreement and to this end have designated as their plenipotentiaries,

THE KINGDOM OF BELGIUM:

Willy CLAES,

Minister for Foreign Affairs;

THE KINGDOM OF DENMARK:

Niels Helveg PETERSEN,

Minister for Foreign Affairs;

THE FEDERAL REPUBLIC OF GERMANY:

Klaus KINKEL,

Federal Minister for Foreign Affairs;

THE HELLENIC REPUBLIC:

Michel PAPACONSTANTINOU,

Minister for Foreign Affairs;

THE KINGDOM OF SPAIN:

Javier SOLANA,

Minister for Foreign Affairs;

THE FRENCH REPUBLIC:

Roland DUMAS,

Ministre d'État,

Minister for Foreign Affairs;

IRELAND:

Dick SPRING,

Minister for Foreign Affairs;

THE ITALIAN REPUBLIC:

Eimilio COLOMBO,

Minister for Foreign Affairs;

THE GRAND DUCHY OF LUXEMBOURG:

Jacques POOS,

Minister for Foreign Affairs;

THE KINGDOM OF THE NETHERLANDS:

P. KOOIJMANS,

Minister for Foreign Affairs;

THE PORTUGUESE REPUBLIC:

J. M. DURÃO BARROSO,

Minister for Foreign Affairs;

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

Douglas HURD,

Minister for Foreign Affairs;

THE EUROPEAN ECONOMIC COMMUNITY, THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY:

Niels Helveg PETERSEN,

Minister for Foreign Affairs of the Kingdom of Denmark,

President-in-Office of the Council of the European Communities;

Leon BRITTAN,

Member of the Commission;

H. van den BROEK,

Member of the Commission;

ROMANIA:

Nicolae VACAROIU,

Prime Minister;

Teodor Viorel MELESCANU,

Ministre d'État,

Minister for Foreign Affairs;

WHO, having exchanged their full powers, formed in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

An association is hereby established between the Community and its Member States on the one part, and Romania on the other part. The objectives of this association are:

- to provide an appropriate framework for the political dialogue between the Parties allowing the development of close political relations,

- to promote the expansion of trade and the harmonious economic relations between the Parties and so to foster the economic development in Romania,

- to provide a basis for economic, social, financial and cultural cooperation,

- to support Romania's efforts to develop its economy and to complete the conversion into a market economy, and consolidate its democracy,

- to set up institutions suitable to make the association effective,

- to provide a framework for Romania's gradual integration into the Community. To this end, Romania shall work towards fulfilling the necessary conditions.

TITLE I POLITICAL DIALOGUE

Article 2

A regular political dialogue shall be established between the Parties which they intend to develop and intensify. It shall accompany and consolidate the rapprochement between the Community and Romania, support the political and economic changes underway in that country and contribute to the establishment of new links of solidarity and new forms of cooperation. The political dialogue:

- will facilitate Romania's full integration into the community of democratic nations and progressive rapprochement with the Community. The economic rapprochement provided for in this Agreement will lead to greater political convergence,

- will bring about an increasing convergence of positions on international issues, and in particular on those matters likely to have substantial effects on one or the other Party,

- will contribute to the rapprochement of the Parties' positions on security issues and will enhance security and stability in the whole of Europe.

Article 3

1. Consultations as appropriate shall be held between the Parties at the highest political level.

2. At ministerial level, political dialogue shall take place within the Association Council. This shall have general responsibility for all matters which the Parties might wish to put to it.

Article 4

Other procedures and mechanisms for political dialogue shall be set up by the Parties, and in particular in the following forms:

- meetings at senior official level (political directors) between officials of Romania on the one hand, and the Presidency of the Council of the European Communities and the Commission of the European Communities, on the other,

- taking full advantage of diplomatic channels,

- including Romania in the group of countries receiving regular information on the issues dealt with by the European Political Cooperation as well as exchanging information with a view to achieving the objectives set out in Article 2,

- any other means which would contribute to consolidating, developing and stepping up this dialogue.

Article 5

Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Association Committee.

TITLE II GENERAL PRINCIPLES

Article 6

Respect for the democratic principles and human rights established by the Helsinki Final Act and the Charter of Paris for a New Europe, as well as the principles of market economy, inspire the domestic and external policies of the Parties and constitute essential elements of the present association.

Article 7

1. The association includes a transitional period of a maximum duration of 10 years divided into two successive stages, each in principle lasting five years. The first stage shall begin when the Agreement enters into force.

2. The Association Council, bearing in mind that the principles of the market economy and the support by the Community through this Agreement are essential to the present association, shall proceed regularly to examine the application of the Agreement and the accomplishment of Romania's economic reforms on the basis of the principles established in the preamble.

3. During the course of the 12 months preceding the expiration of the first stage, the Association Council shall meet to decide the transition to the second stage as well as on any possible changes to be brought about as concerns the dispositions governing the second stage. In doing this, it will take into account the results of the examination mentioned in paragraph 2.

4. The two stages envisaged under 1 and 3 do not apply to Title III.

TITLE III FREE MOVEMENT OF GOODS

Article 8

1. During the transitional period referred to in Article 7, the Community and Romania shall gradually establish a free trade area based on reciprocal and balanced obligations, in accordance with the provisions of this Agreement and in conformity with those of the General Agreement on Tariffs and Trade (GATT).

2. The combined nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.

3. For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be that actually applied erga omnes on the day preceding the entry into force of the Agreement.

4. If, after the entry into force of the Agreement, any tariff reduction is applied on an erga omnes basis, such reduced duties shall replace the basic duties referred to in paragraph 3 as from that date when such reductions are applied.

5. The Community and Romania shall communicate to each other their respective basic duties.

CHAPTER I Industrial products

Article 9

1. The provisions of this Chapter shall apply to products originating in the Community and in Romania listed in Chapters 25 to 97 of the combined nomenclature with the exception of the products listed in Annex I.

2. The provisions of Articles 10 to 14 included do not apply to products mentioned in Articles 16 and 17.

Article 10

1. Customs duties on imports applicable in the Community to products originating in Romania other than those listed in Annexes IIa, IIb and III shall be abolished on the entry into force of the Agreement.

2. Customs duties on imports applicable in the Community to products originating in Romania which are listed in Annex IIa shall be progressively abolished in accordance with the following timetable:

- on the date of entry into force of the Agreement, each duty shall be reduced to 50 % of the basic duty,

- one year after the date of entry into force of the Agreement the remaining duties shall be eliminated.

Customs duties on imports applicable in the Community to products originating in Romania listed in Annex IIb shall be progressively reduced, from the date of entry into force of the Agreement, by annual reductions of 20 % of the basic duty so as to arrive at total abolition by the end of the fourth year after the date of entry into force of the Agreement.

3. The products of Romanian origin listed in Annex III shall benefit from a suspension of customs duties on imports within the limits of annual Community tariff quotas or ceilings increasing progressively in accordance with the conditions defined in that Annex so as to arrive at a complete abolition of customs duties on imports of the products concerned at the end of the fifth year at the latest.

At the same time, the customs duties on imports to be applied when the quotas have been exhausted or when the levying of customs duties has been reintroduced with respect to products covered by a tariff ceiling, shall be progressively dismantled, from the entry into force of the Agreement by annual reductions of 15 % of the basic duty. By the end of the fifth year, remaining duties shall be abolished.

4. Quantitative restrictions and measures having an effect equivalent to quantitative restrictions on imports to the Community shall be abolished on the date of entry into force of the Agreement with regard to the products originating in Romania.

Article 11

1. Customs duties on imports applicable in Romania to products originating in the Community which are listed in Annex IV shall be abolished on the date of entry into force of the Agreement.

2. Customs duties on imports applicable in Romania to products originating in the Community which are listed in Annex V shall be progressively reduced in accordance with the following timetable:

- on the date of entry into force of the Agreement, to 80 % of the basic duty,

- three years after the entry into force of the Agreement, to 40 % of the basic duty,

- five years after the entry into force of the Agreement, to 0 % of the basic duty.

3. Customs duties on imports applicable in Romania to products originating in the Community which are listed in Annex VI shall be abolished in accordance with the timetable mentioned in that Annex.

4. Customs duties on imports applicable in Romania to products originating in the Community other than those listed in Annexes IV, V and VI shall be progressively reduced according to the following timetable:

- three years after the entry into force of the Agreement, to 80 % of the basic duty,

- five years after the entry into force of the Agreement, to 60 % of the basic duty,

- six years after the entry into force of the Agreement, to 50 % of the basic duty,

- seven years after the entry into force of the Agreement, to 35 % of the basic duty,

- eight years after the entry into force of the Agreement, to 20 % of the basic duty,

- nine years after the entry into force of the Agreement, to 0 % of the basic duty.

5. The products originating in the Community listed in Annex VII shall benefit from a suspension of customs duties on imports in Romania within the limits of annual quotas which will be increased progressively as foreseen in that Annex. Customs duties on imports applicable to quantities in excess of the abovementioned quotas shall be progressively dismantled according to the timetable mentioned in paragraph 4.

6. Quantitative restrictions on imports into Romania of products originating in the Community shall be abolished upon entry into force of the Agreement.

7. Measures having an effect equivalent to quantitative restrictions on imports into Romania of products originating in the Community shall be abolished upon entry into force of the Agreement, except for those listed in Annex VIII which shall be abolished according to the timetable in that Annex.

Article 12

The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.

Article 13

1. The Community shall abolish in its imports from Romania any charges having an equivalent effect to customs duties on imports upon entry into force of the Agreement.

2. Romania shall abolish in its imports from the Community any charges having an equivalent effect to customs duties on imports upon entry into force of the Agreement, except for the charges of 0,5 % ad valorem for the customs formalities which will be abolished according to the following timetable:

- reduction to 0,25 % ad valorem at the end of the third year,

- elimination at the latest by the end of the fifth year upon entry into force of the Agreement.

Article 14

1. The Community and Romania shall progressively abolish between them at the latest by the end of the fifth year after entry into force of the Agreement any customs duties on exports and charges having equivalent effect.

2. Quantitative restrictions on exports to Romania and any measures having equivalent effect shall be abolished by the Community upon entry into force of the Agreement.

3. Quantitative restrictions on exports to the Community and any measures having equivalent effect shall be abolished by Romania upon entry intro force of the Agreement except for those listed in Annex IX which shall be progressively reduced and shall be eliminated at the latest by the end of the fifth year after the entry into force of the Agreement.

Article 15

Each Party declares its readiness to reduce its customs duties in trade with the other Party more rapidly than is provided for in Articles 10 and 11 if its general economic situation and the situation of the economic sector concerned so permit.

The Association Council may make recommendations to this effect.

Article 16

Protocol 1 lays down the arrangements applicable to the textile products referred to therein.

Article 17

Protocol 2 lays down the arrangements applicable to products covered by the Treaty establishing the European Coal and Steel Community.

Article 18

1. The provisions of this Chapter do not preclude the retention by the Community of an agricultural component in the duties applicable to products listed in Annex X in respect of products originating in Romania.

2. The provisions of this Chapter do not preclude the introduction of an agricultural component by Romania in the duties applicable to the products listed in Annex X in respect of products originating in the Community.

CHAPTER II Agriculture

Article 19

1. The provisions of this Chapter shall apply to agricultural products originating in the Community and in Romania.

2. The term 'agricultural products` means the products listed in Chapters 1 to 24 of the combined nomenclature and the products listed in Annex I, but excluding fishery products as defined by Regulation (EEC) No 3687/91.

Article 20

Protocol 3 lays down the trade arrangements for processed agricultural products which are listed in such protocol.

Article 21

1. The Community shall abolish at the date of entry into force of the Agreement the quantitative restrictions on imports of agricultural products originating in Romania maintained by virtue of Council Regulation (EEC) No 3420/83 in the form existing on the date of signature hereof.

2. The agricultural products originating in Romania listed in Annexes XIa and XIb shall benefit, upon the date of entry into force of this Agreement, from the reduction of levies within the limit of Community quotas or from the reduction of customs duties and upon the conditions provided in the same Annexes.

3. Romania shall abolish quantitative restrictions on imports of agricultural products originating in the Community upon entry into force of the Agreement.

4. The Community and Romania shall grant each other the concessions referred to in Annexes XIIa, XIIb and XIII, on a harmonious and reciprocal basis, in accordance with the conditions laid down therein.

5. Taking account of the volume of trade in agricultural products between them, of their particular sensitivity, of the rules of the common agricultural policy of the Community, of the role of agriculture in Romania's economy, and of the consequences of the multilateral trade negotiations under the General Agreement on Tariffs and Trade, the Community and Romania shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibilities of granting each other further concessions.

6. Taking account of the need for an increased harmony between the agricultural policies in the Community and Romania, as well as Romania's objective of becoming a member of the Community, both Parties will have regular consultations in the Association Council on the strategy and practical modalities of their respective policies.

Article 22

Notwithstanding other provisions of this Agreement, and in particular Article 31, if, given the particular sensitivity of the agricultural markets, imports of products originating in one Party, which are the subject of concessions granted in Article 21, cause serious disturbance to the markets in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such a solution, the Party concerned may take the measures it deems necessary.

CHAPTER III Fisheries

Article 23

The provisions of this Chapter shall apply to fishery products originating in the Community and in Romania, which are covered by Regulation (EEC) No 3687/91 on the common organization of the market in fishery products.

Article 24

1. The Community and Romania shall grant each other the concessions referred to in Annexes XIV and XV on a harmonious and reciprocal basis, in accordance with the conditions laid down therein. The provisions of Article 21 (5) shall apply mutatis mutandis to fishery products.

2. The Association Council will examine the possibility of concluding an Agreement on fishery products between the Parties when the necessary conditions so permit.

CHAPTER IV Common provisions

Article 25

The provisions of this Chapter shall apply to trade in all products, except where otherwise provided herein or in Protocols 1, 2 or 3.

Article 26

1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Romania from the date of entry into force of the Agreement.

2. No new quantitative restrictions on imports or exports or measures having equivalent effect shall be introduced, nor shall those existing be made more restrictive, in the trade between the Community and Romania from the date of entry into force of the Agreement.

3. Any new customs duties on imports or exports or charges having equivalent effect or increases thereof or any new quantitative restrictions or charges having equivalent effect or increases thereof introduced by Romania after the beginning of the negotiations shall be abolished at the latest at the entry into force of the Agreement.

4. Without prejudice to the concessions granted under Article 21, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Romania and the Community or the taking of any measures under such policies.

Article 27

1. The two Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.

2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.

Article 28

1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement.

2. Consultations between the Parties shall take place within the Association Council concerning Agreements establishing such customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Romania stated in this Agreement.

Article 29

Exceptional measures of limited duration which derogate from the provisions of Articles 11 and 26 (1) may be taken by Romania in the form of increased customs duties.

These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems.

Customs duties on imports applicable in Romania to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports from the Community of industrial products as defined in Chapter I, during the last year for which statistics are available.

These measures shall be applied for a period not exceeding five years, unless a longer duration is authorized by the Association Council. They shall cease to apply at the latest at the expiration of the transitional period.

No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product.

Romania shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures, Romania shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. The Association Council may decide on a different schedule.

Article 30

If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the General Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 34.

Article 31

Where any product is being imported in such increased quantities and under such conditions as to cause, or threaten to cause:

- serious injury to domestic producers of like or directly competitive products in the territory of one of the Parties, or

- serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region,

the Community or Romania, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 34.

Article 32

Where compliance with the provisions of Articles 14 and 26 leads to:

(i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect;

or

(ii) a serious shortage, or threat thereof, of a product essential to the exporting Party,

and where the situations above referred to give rise, or are likely to give rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 34. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance.

Article 33

The Member States and Romania shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Romania. The Association Council will be informed about the measures adopted to implement this objective.

Article 34

1. In the event of the Community or Romania subjecting imports of products liable to give rise to the difficulties referred to in Article 31 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party.

2. In the cases specified in Articles 30, 31 and 32, before taking the measures provided for therein or, in cases to which paragraph 3 (d) applies, as soon as possible, the Community or Romania as the case may be shall supply the Association Council with all relevant information, with a view to seeking a solution acceptable to the two Parties.

In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.

The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit.

3. For the implementation of paragraph 2, the following provisions shall apply:

(a) as regards Article 31, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties.

If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen;

(b) as regards Article 30, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. When no end has been put to the dumping or no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures;

(c) as regards Article 32, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council.

The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned;

(d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Romania whichever is concerned may, in the situations specified in Articles 30, 31 and 32, apply forthwith the precautionary and provisional measures strictly necessary to deal with the situation, and the Association Council will be informed immediately.

Article 35

Protocol 4 lays down rules of origin for the application of tariff preferences foreseen in this Agreement.

Article 36

This 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 natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties.

Article 37

Protocol 5 lays down the specific provisions to apply to trade between Romania of the one part and Spain and Portugal of the other part.

TITLE IV MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY OF SERVICES CHAPTER I Movement of workers

Article 38

1. Subject to the conditions and modalities applicable in each Member State:

- the treatment accorded to workers of Romanian nationality, legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals,

- the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in the sense of Article 42, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker's authorized stay of employment.

2. Romania shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said territory.

Article 39

1. With a view to coordinating social security systems for workers of Romanian nationality, legally employed in the territory of a Member State and for the members of their family, legally resident there, and subject to the conditions and modalities applicable in each Member State:

- all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members,

- any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law the debtor Member State or States,

- the workers in question shall receive family allowance for the members of their family as defined above.

2. Romania shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1.

Article 40

1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 39.

2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.

Article 41

The provisions adopted by the Association Council in accordance with Article 40 shall not affect any rights or obligations arising from bilateral agreements linking Romania and the Member States where those agreements provide for more favourable treatment of nationals of Romania or of the Member States.

Article 42

1. Taking into account the labour market situation in the Member State, subject to its legislation and to the respect of rules in force in that Member State in the area of mobility of workers:

- the existing facilities for access to employment for Romanian workers accorded by Member States under bilateral agreements ought to be preserved and if possible improved,

- the other Member States shall consider favourably the possibility of concluding similar agreements.

2. The Association Council shall examine granting other improvements including facilities of access for professional training, in conformity with rules and procedures in force in the Member States, and taking account of the labour market situation on the Member States and in the Community.

Article 43

During the second stage referred to in Article 7, or earlier if so decided, the Association Council shall examine further ways of improving the movement of workers, taking into account inter alia the social and economic situation and requirements in Romania and the employment situation in the Community. The Association Council shall make recommendations to such end.

Article 44

In the interest of facilitating the restructuring of labour resources resulting from the economic restructuring in Romania the Community shall provide technical assistance for the establishment of a suitable social security system in Romania as set ourt in Article 89.

CHAPTER II Establishment

Article 45

1. Each Member State shall grant, from entry into force of the Agreement, for the establishment of Romanian companies and nationals and for the operation of Romanian companies and nationals established in its territory, a treatment no less favourable than that accorded to its own companies and nationals, save for the areas described in Annex XVI.

2. Without prejudice to paragraph 3, Romania shall grant, from entry into force of the Agreement, for the establishment of Community companies and nationals and for the operation of Community companies and nationals established in its territory, a treatment no less favourable than that accorded to its own companies and nationals save for the areas described in Annex XVII. Should the existing laws and regulations not grant such treatment of Community companies and nationals for certain economic activities in Romania upon entry into force of this Agreement, Romania shall amend such laws and regulations as to ensure such treatment at the latest at the end of the fifth year following the date of entry into force of this Agreement.

3. For the areas and matters described in Annex XVIII, except for banking activities as referred to in Law No 33 of 1991, Romania shall grant gradually and at the latest by the end of the transitional period referred to in Article 7, a treatment no less favourable than that accorded to its own nationals and companies for the establishment of Community companies and nationals. As regards the abovementioned banking activities, national treatment shall be granted at the latest by the end of the fifth year following the entry into force of this Agreement.

4. Romania shall, during the transitional periods referred to in paragraphs 2 and 3 not adopt any new regulations or measures which introduce discrimination as regards to establisment and operations of Community companies and nationals in its territory in comparison to its own companies and nationals.

5. For the purposes of this Agreement:

(a) establishment shall mean

(i) as regards nationals, the right to take up and pursue economic activities as self-employed persons and to set up and manage undertakings, in particular companies, which they effectively control. Self-employment and business undertakings by nationals shall not extend to seeking or taking employment in the labour market or confer a right of access to the labour market of another Party. The provisions of this Chapter do not apply to those who are not exclusively self-employed;

(ii) as regards companies, the right to take up and pursue economic activities by means of the setting up and management of subsidiaries, branches and agencies;

(b) subsidiary of a company shall mean a company which is effectively controlled by the first company;

(c) economic activities shall in particular include activities of an industrial character, activities of a commercial character, activities of craftsmen and activities of the professions.

6. The Association Council shall examine regularly the possibility of accelerating the granting of national treatment in the sectors referred to in Annex XVIII and the inclusion of areas and matters listed in Annexes XVI and XVII within the scope of application of the provisions of paragraphs 1, 2, 3 and 4 of this Article. Amendments may be made to these Annexes by decision of the Association Council.

Following the expiration of the transitional periods referred to in paragraphs 2 and 3, the Association Council may exceptionally, upon request by Romania, and if the necessity arises, decide to prolong the duration of those transitional periods for certain areas or matters for a limited period of time.

7. Notwithstanding the provisons of this Article, Community companies established in the territory of Romania shall have, from entry into force of the Agreement, the right to acquire, use, rent and sell real property, and as regards public property, land and forestry, the right to lease, where these are directly necessary for the conduct of the economic activities for which they are established. This right does not include establishment for the purpose of dealing and agency in the area of raeal estate and natural resources.

Romania shall grant these rights to branches and agencies established in Romania of Community companies at the latest by the end of the first five years following the date of entry into force of the Agreement.

Romania shall grant these rights to Community nationals established as self-employed persons in Romania at the latest by the end of the transitional period referred to in Article 7.

Article 46

1. Subject to the provisions of Article 45 with the exception of financial services described in Annex XVIII, each Party may regulate the establishment and operation of companies and nationals on its territory, in so far as these regulations do not discriminate against companies and nationals of the other Party in comparison to its own companies and nationals.

2. In respect of financial services, described in Annex XVIII, this Agreement does not prejudice the right of the Parties to adopt measures necessary for the conduct of the Party's monetary policy, or for prudential grounds in order to ensure the protection of investors, depositors, policy holders, or persons to whom a fiduciary duty is owed, or to ensure the integrity and stability of the financial system. These measures shall not discriminate on grounds of nationality against companies and nationals of the other Party in comparison to its own companies and nationals.

Article 47

In order to make it easier for Community nationals and Romanian nationals to take up and pursue regulated professional activities in Romania and the Community respectively, the Association Council shall examine which steps are necessary to be taken to provide for the mutual recognition of qualifications. It may take all necessary measures to that end.

Article 48

The provisions of Article 46 do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and agencies of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and agencies as compared to branches and agencies of companies incorporated in its territory, or, as regards financial services, for prudential reasons. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences, or, as regards financial services, described in Annex XVIII, for prudential reasons.

Article 49

1. A 'Community company` and a 'Romanian company` respectively shall, for the purpose of this Agreement, mean a company or a firm set up in accordance with the laws of a Member State or of Romania respectively and having its registered office, central administration, or principal place of business in the territory of the Community or Romania respectively. However, should the company or firm, set up in accordance with the laws of a Member State or of Romania respectively, have only its registered office in the territory of the Community or Romania respectively, its operations must possess a real and continuous link with the economy of one of the Member States or Romania respectively.

2. With regard to international maritime transport, shall also be beneficiaries of the provisions of this Chapter and Chapter III of this Title, a national or a shipping company of the Member States or of Romania, respectively established outside the Community or Romania respectively and controlled by nationals of a Member State, or Romanian nationals respectively, if their vessels are registered in that Member State or in Romania respectively in accordance with their respective legislations.

3. A Community and a Romanian national respectively shall, for the purpose of this Agreement, mean a natural person who is a national of one of the Member States or of Romania respectively.

4. The provisions of this Agreement shall not prejudice the application by each Party of any measure necessary to prevent the circumvention of its measures concerning third country access to its market, through the provisions of this Agreement.

Article 50

For the purpose of this Agreement 'financial services` shall mean those activities described in Annex XVIII. The Association Council may extend or modify the scope of Annex XVIII.

Article 51

During the first five years following the date of entry into force of the Agreement, Romania may introduce measures which derogate from the provisions of this Chapter as regards the establishment of Community companies and nationals if certain industries:

- are undergoing restructuring, or

- are facing serious difficulties, particularly where these entail serious social problems in Romania, or

- face the elimination or a drastic reduction of the total market share held by Romanian companies or nationals in a given sector or industry in Romania, or

- are newly emerging industries in Romania.

Such measures:

(i) shall cease to apply at the latest two years after the expiration of the fifth year following the date of entry into force of this Agreement; and

(ii) shall be reasonable and necessary in order to remedy the situation; and

(iii) shall only relate to establishments in Romania to be created after the entry into force of such measures and shall not introduce discrimination concerning the operations of Community companies or nationals already established in Romania at the time of introduction of a given measure compared to Romanian companies or nationals.

The Association Council may exceptionally, upon request by Romania, and if the necessity arises, decide to prolong the period referred to in indent (i) above for a given sector for a limited period of time not exceeding the duration of the transition period referred to in Article 7.

While devising and applying such measures, Romania shall grant whenever possible to Community companies and nationals a preferential treatment, and in no case a treatment less favourable than that accorded to companies or nationals from any third country.

Prior to the introduction of these measures, Romania shall consult the Association Council and shall not put them into effect before a one month period following the notification to the Association Council of the concrete measures to be introduced by Romania, except where the threat of irreparable damage requires the taking of urgent measures in which case Romania shall consult the Association Council immediately after their introduction.

Upon the expiration of the fifth year following the entry into force of the Agreement, Romania may introduce such measures only with the authorization of the Association Council and under conditions determined by the latter.

Article 52

1. The provisions of this Chapter shall not apply to air transport services, inland-waterways transport services and maritime cabotage transport services.

2. The Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1.

Article 53

1. Notwithstanding the provisions of Chapter I of this Title, the beneficiaries of the rights of establishment granted by Romania and the Community respectively shall be entitled to employ, or have employed by one of their subsidiaries, in accordance with the legislation in force in the host country of establishment, in the territory of Romania and the Community respectively, employees who are nationals of Community Member States and Romania respectively, provided that such employees are key personnel as defined in paragraph 2, and that they are employed exclusively by such beneficiaries or their subsidiaries. The residence and work permits of such employees shall only cover the period of such employment.

2. Key personnel of the beneficiaries of the rights of establishment herein referred to as 'organization` are:

(a) senior employees of an organization who primarily direct the management of the organization, receiving general supervision or direction principally from the board of directors or shareholders of the business, including:

- directing the organization or a department or sub-division of the organization,

- supervising and controlling the work of other supervisory, professional or managerial employees,

- having the authority personally to engage and dismiss or recommend engaging, dismissing or other personnel actions;

(b) persons employed by an organization who possess high or uncommon:

- qualifications referring to a type of work or trade requiring specific technical knowledge,

- knowledge essential to the organization's service, research equipment, techniques or management.

These may include, but are not limited to, members of accredited professions.

Each such employee must have been employed by the organization concerned for at least one year preceding the detachment by the organization.

Article 54

1. The provisions of this Chapter shall be applied subject to limitations justified on grounds of public policy, public security or public health.

2. They shall not apply to activities which in the territory of each Party are connected, even occasionally, with the exercise of official authority.

Article 55

Companies which are controlled and exclusively owned jointly by Romanian companies or nationals and Community companies or nationals shall also be beneficiaries of the provisions of this Chapter and Chapter III if this Title.

CHAPTER III Supply of services between the Community and Romania

Article 56

1. The Parties undertake in accordance with the provisions of this Chapter to take the necessary steps to allow progressively the supply of services by Community or Romanian companies or nationals who are established in a Party other than that of the person for whom the services are intended taking into account the development of the services sectors in the Parties.

2. In step with the liberalization process mentioned in paragraph 1, and subject to the provisions of Article 59 (1), the Parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 53 (2), including natural persons who are representatives of a Community or Romanian company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into Agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.

3. The Association Council shall take the measures necessary to progressively implement the provisions of paragraph 1 of this Article.

Article 57

With regard to supply of transport services between the Community and Romania, the following replaces the provisions of Article 56:

1. with regard to international maritime transport, the Parties undertake to apply effectively the principle of unrestricted access to the market and traffic on a commercial basis.

(a) The above provision does not prejudice the rights and obligations under the United Nations Code of Conduct for Liner Conferences, as applied by one or the other Contracting Party to this Agreement. Non-conference liners will be free to operate in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis.

(b) The Parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade;

2. in applying the principles of point 1, the Parties shall:

(a) not introduce cargo sharing clauses in future bilateral Agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other Party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;

(b) prohibit cargo sharing arrangements in future bilateral Agreements concerning dry and liquid bulk trade;

(c) abolish, upon entry into force of the Agreement, all unilateral measures, administrative, technical and other obstacles which could have restrictive or discriminatory effects on the free supply of services in international maritime transport.

3. With a view to assuring a coordinated development and progressive liberalization of transport between the Parties adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport and in inland transport shall be dealt with by special transport Agreements to be negotiated between the Parties after the entry into force of the Agreement.

4. Prior to the conclusion of the Agreements referred to in paragraph 3, the Parties shall not take any measures or actions which are more restrictive or discriminatory as compared to the situation existing on the day preceding the day of entry into force of the Agreement.

5. During the transitional period, Romania shall progressively adapt its legislation including administrative, technical and other rules to that of the Community legislation existing at any time in the field of air and inland transport insofar as it serves liberalization purposes and mutual access to markets of the Parties and facilitates the movement of passengers and of goods.

6. In step with the common progress in the achievement of the objectives of this Chapter, the Association Council shall examine ways of creating the conditions necessary for improving freedom to provide air and inland transport services.

Article 58

The provisions of Article 54 shall apply to the matters covered by this Chapter.

CHAPTER IV General Provisions

Article 59

1. For the purpose of Title IV of this Agreement, nothing in the Agreement shall prevent the Parties from applying their laws and regulations regarding entry and stay, work, labour conditions and establishment of natural persons and supply of services, provided that, in so doing, they do not apply them in a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific provision of the Agreement. The above provision does not prejudice the application of Article 54.

2. The provisions of Chapter II, III and IV of Title IV shall be adjusted by decision of the Association Council in the light of the result of the negotiations on services taking place in the Uruguay Round and in particular to ensure that under any provision of this Agreement a Party grants to the other Party a treatment no less favourable than that accorded under the provisions of a future General Agreement on Trade and Services (GATS).

3. The exclusion of Community companies and nationals established in Romania in accordance with the provisions of Chapter II of Title IV from public aid granted by Romania in the areas of public education services, health-related and social services and cultural services shall, for the duration of the transitional period referred to in Article 7, be deemed compatible with the provisions of Title IV and with the competition rules referred to in Title V.

TITLE V PAYMENTS, CAPITAL, COMPETITION AND OTHER ECONOMIC PROVISIONS, APPROXIMATION OF LAWS CHAPTER I Current payments and movement of capital

Article 60

The Parties undertake to authorize in freely convertible currency, any payments on the current account of balance of payments to the extent that the transactions underlying the payments concern movements of goods, services, or persons between the Parties which have been liberalized pursuant to this Agreement.

Article 61

1. With regard to transactions on the capital account of balance of payments, from entry into force of the Agreement, the Member States and Romania respectively shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance to the provisions of Chapter II of Title IV, and the liquidation or repatriation of these investments and of any profit stemming therefrom.

2. Notwithstanding the above provision, such free movement, liquidation and repatriation shall be ensured by the end of the first stage referred to in Article 7 for all investments linked to establishment of Community nationals establishing in Romania as self-employed persons pursuant to Chapter II of Title IV.

3. Without prejudice to paragraph 1, the Member States, as from the entry into force of the Agreement, and Romania as from the end of the fifth year following the entry into force of the Agreement, shall not introduce any new foreign exchange restrictions on the movement of capital and current payments connected therewith between residents of the Community and Romania and shall not make the existing arrangements more restrictive.

4. The Parties shall consult each other with a view to facilitating the movement of capital between the Community and Romania in order to promote the objectives of this Agreement.

Article 62

1. During the five years following the date of entry into force of the Agreement, the Parties shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital.

2. By the end of the fifth year from the entry into force of the Agreement, the Association Council shall examine ways of enabling Community rules on the movement of capital to be applied in full.

Article 63

With reference to the provisions of this Chapter, and notwithstanding the provisions of Article 65, until a full convertibility of Romanian currency in the meaning of Article VIII of the International Monetary Fund (IMF) is introduced, Romania may in exceptional circumstances apply exchange restrictions connected with the granting or taking up of short and medium-term credits to the extent that such restrictions are imposed on Romania for the granting of such credite and are permitted according to Romania's status under the IMF.

Romania shall apply these restrictions in a non-discriminatory manner. They shall be applied in such a manner as to cause the least possible disruption to this Agreement. Romania shall inform the Association Council promptly of the introduction of such measures and of any changes therein.

CHAPTER II Competition and other economic provisions

Article 64

1. The following are incompatible with the proper functioning of this Agreement, in so far as they may affect trade between the Community and Romania:

(i) all Agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;

(ii) abuse by one or more undertakings of a dominant position in the territories of the Community or of Romania as a whole or in a substantial part thereof;

(iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods.

2. Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the rules of Articles 85, 86, and 92 of the Treaty establishing the European Economic Community.

3. The Association Council shall, within three years of the entry into force of the Agreement, adopt the necessary rules for the implementation of paragraphe 1 and 2.

4. (a) For the purposes of applying the provisions of paragraph 1, point (iii), the Parties recognize that during the first five years after the entry into force of the Agreement, any public aid granted by Romania shall be assessed taking into account the fact that Romania shall be regarded as an area indentical to those areas of the Community described in Article 92 (3) (a) of the Treaty establishing the European Economic Community. The Association Council shall, taking into account the economic situation of Romania, decide whether that period should be extended by further periods of five years.

(b) Each Party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other Party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one Party, the other Party shall provide information on particular individual cases of public aid.

5. With regard to products referred to in Chapters II and III of Title III:

- the provision of paragraph 1 (iii) does not apply,

- any practices contrary to paragraph 1 (i) should be assessed according to the criteria established by the Community on the basis of Articles 42 and 43 of the Treaty establishing the European Economic Community and in particular of those established in Council Regulation No 26/1962.

6. If the Community or Romania considers that a particular practices is incompatible with the terms of paragraph 1 and:

- is not adequately dealt with under the implementing rules referred to in paragraph 3, or

- in the absence of such rules, and if such practice or threatens to cause serious prejudice to the interest of the other Party or material injury to its domestic industry, including its services industry,

it may take appropriate measures after consultation within the Association Council or after 30 working days following referral for such consultation.

In the case of practices incompatible with paragraph 1 (iii) of this Article, such appropriate measures may, where the General Agreement on Tariffs and Trade applies thereto, only be adopted in conformity with the procedures and under the conditions laid down by the General Agreement on Tariffs and Trade and any other relevant instrument negotiated under its auspices which are applicable between the Parties.

7. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 3, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy.

8. This Article shall not apply to the products covered by the Treaty establishing the European Coal and Steel Community which are the subject of Protocol 2.

Article 65

1. The Parties shall endeavour to avoid the imposition of restrictive measures including measures relating to imports for balance of payments purposes. In the event of their introduction, the Party having introduced the same shall present to the other Party a time schedule for their removal.

2. Where one or more Member States or Romania is in serious balance of payments difficulties, or under imminent threat thereof, the Community or Romania, as the case may be, may, in accordance with the conditions established under the General Agreement on Tariffs and Trade, adopt restrictive measures, including measures relating to imports, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The Community or Romania, as the case may be, shall inform the other Party forthwith.

3. Any restrictive measures shall not apply to transfers related to investments and in particular to the repatriation of amounts invested or reinvested and of any kind of revenues stemming therefrom.

Article 66

With regard to public undertakings and undertakings to which special or exclusive rights have been granted, the Association Council shall ensure that, as from the third year from the date of entry into force of the Agreement, the principles of the Treaty establishing the European Economic Community, notably Article 90, and the principles of the concluding document of the April 1990 Bonn meeting of the Conference on Security and Cooperation in Europe (notably entrepreneurs' freedom of decision) are applied in the operation of this Agreement.

Article 67

1. Romania shall continue to improve the protection of intellectual, industrial and commercial property rights in order to provide, by the end of the fifth year after the entry into force of the Agreement, for a level of protection similar to that existing in the Community, including comparable means of enforcing such rights.

2. Within the same time, Romania shall apply to accede to the Munich Convention on the Grant of European Patents of 5 October 1973. Romania shall also accede to the other multilateral conventions on intellectual, industrial and commercial property rights (referred to in paragraph 1 of Annex XIX) to which Member States are Parties, or which are de facto applied by Member States.

3. Upon entry into force of the Agreement treatmet no less favourable than that granted to any third country under any bilateral agreement shall be granted by Romania.

Article 68

1. The Parties consider the opening up of the award of public contracts on the basis of the principles of non-discrimination and reciprocity, in particular in the GATT context, to be a desirable objective.

2. The Romanian companies as defined in Article 49 shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under a treatment no less favourable than that accorded to Community companies as of the entry into force of the Agreement.

Community companies as defined in Article 49 shall be granted access to contract award procedures in Romania under a treatment no less favourable than that accorded to Romanian companies at the latest at the end of the transitional period referred to in Article 7.

Community companies established in Romania under the provisions of Chapter II of Title IV in the form of subsidiaries as described in Article 45 and in the forms described in Article 55 shall have upon entry into force of the Agreement access to contract award procedures under a treatment no less favourable than that accorded to Romanian companies. Community companies established in Romania in the form of branches and agencies as described in Article 45 shall be granted such treatment at the latest by the end of the transitional period referred to in Article 7.

The Association Council shall periodically examine the possibility for Romania to introduce access to award procedures in Romania for all Community companies prior to the end of the transitional period.

3. As regards establishment, operations, supply of services between the Community and Romania, as well as employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 38 to 59 are applicable.

CHAPTER III Approximation of laws

Article 69

The Parties recognize that an important condition for Romania's economic integration into the Community is the approximation of Romania's existing and future legislation to that of the Community. Romania shall endeavour to ensure that its legislation will be gradually made compatible with that of the Community.

Article 70

The approximation of laws shall extend to the following areas in particular: customs law, company law, banking law, company accounts and taxes, intellectual property, protection of workers at the workplace, social security, financial services, rules on competition, protection of health and life of humans, animals and plants, consumer protection, indirect taxation, technical rules and standards, nuclear law and regulation, transport and the environment.

Article 71

The Community shall provide Romania with technical assistance for the implementation of these measures, which may include inter alia:

- the exchange of experts,

- the provision of early information especially on relevant legislation,

- organization of seminars,

- training activities,

- aid for the translation of Community legislation in the relevant sectors.

TITLE VI ECONOMIC COOPERATION

Article 72

1. The Community and Romania shall establish economic cooperation aimed at contributing to Romania's development and growth potential. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both Parties.

2. Policies and other measures will be designed to bring about economic and social development of Romania and will be guided by the principle of sustainable development. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development.

3. To this end the cooperation should focus in particular on policies and measures related to industry including the mining sector, investment, agriculture, energy, transport, regional development and tourism.

4. Special attention shall be devoted to measures capable of fostering cooperation between the countries of central and eastern Europe with a view to a harmonious development of the region.

Article 73

Industrial cooperation

1. Cooperation shall aim at promoting the following in particular:

- industrial cooperation between economic operators of both sides, with the particular objective of strengthening the private sector,

- Community participation in Romania's efforts in both public and private sectors to modernize and restructure its industry, which will effect the transition from a centrally planned system to a market economy under conditions which ensure that the environment is protected,

- the restructuring of individual sectors,

- the establishment of new undertakings in areas offering potential for growth,

- transfer of technology and know-how.

2. Industrial cooperation initiatives shall take into account priorities determined by Romania. The initiatives should seek in particular to establish a suitable framework for undertakings, to improve management know-how and to promote transparency as regards markets and conditions for undertakings, and will include technical assistance where appropriate.

Article 74

Investment promotion and protection

1. Cooperation shall aim to establish a favourable climate for private investment, both domestic and foreign, which is essential to economic and industrial reconstruction in Romania.

2. The particular aims of cooperation shall be:

- for Romania to establish and improve a legal framework which favours and protects investment,

- the conclusion by the Member States and Romania of Agreements for the promotion and protection of investment,

- to implement suitable arrangements for the transfer of capital,

- to bring about better investment protection,

- to proceed with deregulation and to improve economic infrastructure,

- to exchange information on investment opportunities in the form of trade fairs, exhibitions, trade weeks and other events.

Article 75

Agro and industrial standards and conformity assessment

1. The Parties shall cooperate with the aim to reduce differences in the fields of standardization and conformity assessment procedures.

2. To this end, the cooperation shall seek:

- to promote compliance by Romania with Community technical regulations and European standards concerning quality of industrial and agricultural food products,

- to promote the use of Community technical regulations and European standards and conformity assessment procedures,

- where appropriate, to achieve the conclusion of agreements on mutual recognition in these fields,

- to encourage Romania's active and regular participation in the work of specialized organizations (CEN, Cenelec, ETSI, EOTC).

3. The Community will provide Romania with technical assistance where appropriate.

Article 76

Cooperation in science and technology

1. The Parties shall promote cooperation in research and technological development activities. They shall devote special attention to the following:

- the exchange of scientific and technical information, including information on each other's science and technology policies and activities,

- the organization of joint scientific meetings (seminars and workshops),

- joint R& D activities aimed at encouraging scientific progress and the transfer of technology and know-how,

- training activities and mobility programmes for researchers and specialists from both sides,

- the development of an environment conducive to research and the application of new technologies and adequate protection of intellectual property of the results of research,

- participation of Romania in the Community programmes in accordance with paragraph 3.

Technical assistance shall be provided where appropriate.

2. The Association Council shall determine the appropriate procedures for developing cooperation.

3. Cooperation under the Community's framework programme in the field of research and technological development shall be implemented according to specific arrangements to be negotiated and concluded in accordance with the legal procedures of each Party.

Article 77

Education and training

1. The Parties shall cooperate with the aim of raising the level of general education and professional qualifications in Romania, both in public and private sectors, taking into consideration the priorities of Romania. Institutional frameworks and plans of cooperation will be established (starting on the European Training Foundation, when established, and the Tempus programme). Participation of Romania in other Community programmes could also be considered in this context.

2. The cooperation shall focus in particular on the following areas:

- reform of the education and training system in Romania,

- initial training, in-service training and retraining, including the training of public and private sector executives and senior civil servants, particularly in priority areas to be determined,

- cooperation between universities, cooperation between universities and firms, and mobility for teachers, students, administrators and young people,

- promoting teaching in the field of European Studies within the appropriate institutions,

- mutual recognition of periods of studies and diplomas,

- teaching Community languages,

- training translators and interpreters and promoting the use of Community linguistic norms and terminology and developing an appropriate infrastructure for translation between Romanian and the Community languages,

- development of distant education and new training technologies,

- granting scholarships and fellowships,

- provision of training materials and equipment.

In order to promote integration of Romania with the Community level of education, establishments and the research institutions as stated in Article 76, the Community shall take appropriate measures to facilitate Romania's participation in the activities of these institutions as well as establishment of their filials in Romania. The objectives of the abovementioned establishments should concentrate on educating, scholars, professionals and public servants to be involved in the process of European integration and cooperation with the Community institutions.

Article 78

Agriculture and the agro-industrial sector

1. Cooperation in this area shall have as its aim the modernization, restructuring and privatization of agriculture and the agro-industrial sector in Romania. It shall endeavour notably to:

- develop private farms and distribution channels, methods of storage, marketing, management etc.,

- modernize the rural infrastructure (transport, water supply, telecommunications),

- improve agricultural land-use planning, including construction and urban planning,

- improve productivity, quality and efficiency by using appropriate methods and products; provide training and monitoring in the use of anti-pollution methods connected with inputs,

- promote complementarity in agriculture,

- promote the exchange of know-how, particularly between the private sectors in the Community and Romania,

- develop and modernize processing firms and their marketing techniques,

- develop cooperation on animal health, agrifood health (including ionization) and plant health with the aim of bringing about gradual harmonization with Community standards through assistance for training and the organization of checks,

- establish and promote effective cooperation on agriculture information systems,

- develop and promote effective cooperation on quality assurance systems compatible with the Community models,

- exchange of information in respect of agricultural and legislation policy,

- provide technical assistance and transfer of know-how to Romania concerning the system of milk supply to schools.

2. To these ends, technical assistance shall be provided by the Community as appropriate.

Article 79

Energy

1. Within the framework of the principles of the market economy and the European Energy Charter, the Parties shall cooperate to develop the progressive integration of the energy markets in Europe.

2. Cooperation shall include inter alia technical assistance when appropriate in the following areas:

- formulation and planning of energy policy,

- management and training for the energy sector,

- the promotion of energy saving and energy efficiency,

- the development of energy resources,

- improvement of distribution as well as improvement and diversification of supply,

- the environmental impact of energy production and consumption,

- the nuclear energy sector,

- opening up the energy market to a greater degree, including facilitating transit of gas and electricity,

- the electricity and gas sectors, including the consideration of the possibility of the interconnection of the supply networks,

- modernization of energy infrastructures,

- the formulation of framework conditions for cooperation between undertakings in this sector, which could include the encouragement of joint-ventures,

- the transfer of technology and know-how, which may include if appropriate the promotion and commercialization of efficient energy technologies.

Article 80

Cooperation in the nuclear sector

1. The aim of cooperation is to provide for a safer use of nuclear energy.

2. Cooperation shall mainly cover the following topics:

- industrial measures for the operational safety of Romanian nuclear power plants,

- upgrading training of management and other personnel of nuclear installations,

- upgrading Romania's laws and regulations on nuclear safety and strengthening the supervisory authorities and their resources,

- nuclear safety, nuclear emergency preparedness and management,

- radiation protection, including environmental radiation monitoring,

- fuel cycle problems and safeguarding of nuclear materials,

- radioactive waste management,

- decommissioning and dismantling of nuclear installations,

- decontamination.

3. Cooperation will include exchange of information and experience and R& D activities in accordance with Article 76.

Article 81

Environment

1. The Parties shall develop and strengthen their cooperation on environment and human health, which they have judged to be a priority.

2. Cooperation shall aim at combating the deterioration of the environment and in particular:

- effective monitoring of pollution levels; system of information on the state of the environnement,

- combating local, regional and transboundary air and water pollution,

- ecological restoration,

- sustainable, efficient and environmentally effective production and use of energy; safety of industrial plants,

- classification and safe handling of chemicals,

- water quality, particularly of cross-border waterways (the Danube, Black Sea),

- waste reduction, recycling and safe disposal, implementation of the Basle Convention,

- the environmental impact of agriculture, soil erosion, and chemical pollution,

- the protection of forests,

- the conservation of biodiversity,

- land-use planning, including construction and urban planning,

- use of economic and fiscal instruments,

- global climate change,

- environmental education and awareness.

3. Cooperation shall take place particularly through:

- exchange of information and experts, including information and experts dealing with the transfer of clean technologies and the safe and environmentally sound use of biotechnologies,

- training programmes,

- joint research activities,

- approximation of laws (Community standards),

- cooperation at regional level (including cooperation within the framework of the European Environment Agency when established by the Community) and at international level,

- development of strategies, particularly with regard to global and climatic issues,

- environmental impact studies.

Article 82

Water management

The Parties shall develop cooperation in various fields of water management with special regard to:

- environment-friendly utilization of the water of trans-boundary watershed and cross-boundary rivers and lakes,

- harmonization of regulations concerning water management, and means of technical water regulation (directives, limits, standards, normatives, logistics),

- modernization of research and development (R& D) and scientific basis of water management.

Article 83

Transport

1. The Parties shall develop and strengthen their cooperation so as to enable Romania to

- restructure and modernize transport,

- improve the movement of passengers and goods and the access to the transport market by removing administrative, technical and other obstacles,

- facilitate Community transit through Romania by road, rail, inland waterway and combined transport,

- achieve operating standards comparable to those in the Community.

2. Cooperation shall include the following in particular:

- economic, legal and technical training programmes,

- the provision of technical assistance and advice, and the exchange of information,

- the provision of means to develop transport infrastructure in Romania.

3. Cooperation shall include the following priority areas:

- the construction and modernization of road transport, including the gradual easing of transit conditions,

- the management of railways and airports, including cooperation between the appropriate national authorities,

- the modernization, on major routes of common interest and trans-European links, of road, inland waterway, railway, port and airport infrastructure,

- land use planning including construction and urban planning connected to transport,

- the upgrading of technical equipment to meet Community standards, particularly in the fields of road and rail transport, multimodal transport and transhipment,

- the setting up of consistent transport policies compatible with those applicable in the Community,

- the promotion of joint technological and research programmes in accordance with Article 76.

Article 84

Telecommunications, postal services and broadcasting

1. The Parties shall expand and strengthen cooperation in this area, and shall to this end initiate notably the following actions:

- exchange information on telecommunications, postal services and broadcasting policies,

- exchange technical and other information and organize seminars, workshops and conferences for experts of both sides,

- conduct training and advisory operations,

- carry out transfers of technology,

- have the appropriate bodies form both sides carry out joint projects,

- promote European standards, systems of certification and regulatory approaches,

- promote new communications facilities, services and installations, particularly those with commercial applications.

2. These activities shall focus on the following priority areas:

- the modernization of Romania's telecommunications network and its integration into European and world networks,

- cooperation within the structures of European standardization,

- the integration of trans-European systems; the legal and regulatory aspects of telecommunications,

- the management of telecommunications, postal and broadcasting services in the new economic environment: organizational structures, strategy and planning, purchasing principles,

- land-use planning, including construction and urban planning,

- the modernization of Romania's postal and broadcasting services, including the legal and regulatory aspects.

Article 85

Banking, insurance, other financial services and audit cooperation

1. The Parties shall cooperate with the aim of establishing and developing a suitable framework for the encouragement of a banking, insurance and financial services sector in Romania.

(a) Cooperation shall focus on:

- the adoption of an accounting system compatible with European standards,

- the strengthening and restructuring of the banking and financial systems,

- the improvement of the monitoring and regulation of banking and financial services,

- the preparation of glossaries of terminology,

- the exchange of information on the laws in force or being drafted.

(b) To this end, the cooperation shall include the provision of technical assistance and training.

2. The Parties shall cooperate with the aim of developing efficient auditing systems in Romania based on standard Community methods and procedures.

Article 86

Monetary policy

At the request of Romanian authorities, the Community shall provide technical assistance designed to support the efforts of Romania towards the introduction of full convertibility of the leu and the gradual approximation of its policies to those of the European Monetary System. This will include informal exchange of information concerning the principles and the functioning of the European Monetary System.

Article 87

Money laundering

1. The Parties will establish a framework for cooperation aimed at preventing the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular.

2. Cooperation in this area shall include administrative and technical assistance with the purpose of establishing suitable standards against money laundering equivalent to those adopted by the Community and international fora in this field, including the Financial Action Task Force (FATF).

Article 88

Regional development

1. The Parties shall strengthen cooperation between them on regional development and land-use planning.

2. To this end, any of the following measures may be undertaken:

- the exchange of information by national, regional or local authorities on regional and land-use planning policy, and, where appropriate, the provision of assistance to Romania for the formulation of such policy,

- joint action by regional and local authorities in the area of economic development,

- exchange visits to explore the opportunities for cooperation and assistance,

- the exchange of civil servants or experts,

- the provision of technical assistance, with special emphasis on the development of disadvantaged areas,

- the establishment of programmes for the exchange of information and experience, by methods including seminars.

Article 89

Social cooperation

1. With regard to health and safety, the Parties shall develop cooperation between them with the aim of improving the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community. Cooperation shall comprise the following in particular:

- the provision of technical assistance,

- the exchange of experts,

- cooperation between firms,

- information and training operations,

- cooperation in public health.

2. With regard to employment, cooperation between the Parties shall focus notably on:

- the organization on the labour market,

- the modernization of job-finding and careers advice services,

- the planning and the implementation of regional restructuring programmes,

- the encouragement of local employment development.

Cooperation in this field will take the form of studies, provision of the services of experts and information and training.

3. With regard to social security, cooperation between the Parties shall seek to adapt the Romanian social security system to the new economic and social situation, primarily by providing the services of experts and information and training.

Article 90

Tourism

The Parties shall increase and develop cooperation between them, which shall include:

- facilitating the tourist trade and encouraging tourist exchanges among young people,

- increasing the flow of information through international networks, data bases, etc.,

- transferring know-how through training, exchanges, seminars,

- studying the opportunities for joint operations (cross-border projects, town-twinning, etc.),

- Romania's participation in relevant European tourism organizations,

- harmonization of the statistical systems and the rules regarding tourism:

- exchanging news and providing for appropriate exchanges of information on major issues of mutual interest affecting the tourism sector,

- technical assistance for the commercial development of infrastructure conducive to the tourism sector.

Article 91

Small and medium-sized enterprises

1. The Parties shall aim to develop and strengthen small and medium-sized enterprises (SMEs) and cooperation between SMEs in the Community and Romania.

2. They shall encourage the exchange of information and know-how in the following areas:

- bringing about the legal, administrative, technical, tax and financial conditions necessary to the setting-up and expansion of SMEs and for cross-border cooperation,

- the provision of the specialized services required by SMEs (management training, accounting, marketing, quality control, etc.) and the strengthening of agencies providing such services,

- the establishment of appropriate links with Community operators in order to improve the flow of information to SMEs and promoting cross-border cooperation (e.g. the Business Cooperation Network (BC-NET), Euro-Info Centres, conferences, etc.).

3. Cooperation will include the supply of technical assistance in particular for the establishment of appropriate institutional support for SME's, at both national and regional level, regarding financial, training, advisory, technological and marketing services.

Article 92

Information and communication

1. The Community and Romania shall take appropriate steps to stimulate the effective mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and professional circles in Romania with more specialized information, including, where possible, access to Community databases.

Article 93

Consumer protection

1. The Parties shall cooperate with the aim of achieving full compatibility between the systems of consumer protection in Romania and the Community.

2. To this end, cooperation shall comprise, within existing possibilities:

- the exchange of information and experts,

- access to Community databases,

- training operations and technical assistance.

Article 94

Customs

1. The aim of cooperation shall be to guarantee compliance with all the provisions scheduled for adoption in connection with trade and fair trade and to achieve the approximation of Romania's customs system to that of the Community, thus helping to ease the steps towards liberalization planned under this Agreement.

2. Cooperation shall include the following in particular:

- the exchange of information,

- the introduction of the single administrative document and the combined nomenclature,

- the interconnection between the transit systems of the Community and Romania,

- the simplification of inspections and formalities in respect of the carriage of goods,

- the organization of seminars and placements of trainees.

Technical assistance shall be provided where appropriate.

3. Without prejudice to further cooperation foreseen in this Agreement, and in particular Article 97, the mutual assistance between administrative authorities in customs matters of the Parties shall take place in accordance with the provisions of Protocol 6.

Article 95

Statistical cooperation

1. Cooperation in this area shall have as its aim the development of an efficient statistical system to provide, in a rapid and timely fashion, the reliable statistics needed to support and monitor the process of economic reform and contribute to the development of private enterprise in Romania.

2. The Parties shall cooperate in particular:

- to strengthen Romania's statistical apparatus,

- to bring about harmonization with international (and particularly Community) methods, standards and classifications,

- to provide the data needed to maintain and monitor economic and social reform,

- to provide private-sector economic operators with the appropriate macro-economic and micro-economic data,

- to guarantee the confidentiality of data,

- to exchange statistical information,

- to build up databases.

3. Technical assistance shall be provided by the Community as appropriate.

Article 96

Economics

1. The Community and Romania will facilitate the process of economic reforms and integration by cooperating to improve understanding of the fundamentals of their respective economies and the devising and implementing of economic policy in market economies.

2. To these ends the Community and Romania will:

- exchange information on macroeconomic performance and prospects and on strategies for development,

- analyse jointly economic issues of mutual interest, including the framing of economic policy and the instruments for implementing it,

- through the programme of Action for Cooperation in Economics (ACE) in particular, encourage extensive cooperation among economists and managers in the Community and Romania, in order to expedite the transfer of know-how for the drafting of economic policies, and provide for wide dissemination of the results of policy-relevant research.

Article 97

Drugs

1. The cooperation is in particular aimed at increasing the efficiency of policies and measures to counter the supply and illicit traffic of narcotics and psychotropic substances and the reduction of abuse of these products.

2. The Parties shall agree on the necessary methods of cooperation to attain these objectives, including the modalities of the implementation of common actions. Their actions will be based on consultation and close coordination over the objectives and the policy measures in the fields targeted in paragraph 1.

3. Cooperation between the Parties will comprise technical and administrative assistance which could deal in particular with the following areas:

- the drafting and implementation of national legislation,

- the creation of institutions and information centres and of social and health centres,

- the training of personnel and research,

- the prevention of diversion of precursors and other chemical substances used for the purpose of illicit manufacture of narcotic drugs or psychotropic substances.

Cooperation in this area shall include administrative and technical assistance with the purpose of establishing suitable standards against the misuse of the products in question equivalent to those adopted by the Community and relevant international bodies, in particular the Chemical Action Task Force (CATF).

The Parties may agree to include other areas.

Article 98

Public administration

The Parties shall promote cooperation between their public administration authorities, including the setting up of exchange programmes, in order to improve mutual knowledge of the structure and functioning of their respective systems.

TITLE VII CULTURAL COOPERATION

Article 99

1. Taking into account the Solemn Declaration on European Union, the Parties undertake to promote, encourage and facilitate cultural cooperation. Where appropriate, the Community's cultural cooperation programmes or those of one or more Member States may be extended to Romania and further activities of interest to both sides developed.

This cooperation may notably cover:

- non commercial exchange of works of art and artists,

- literary translations,

- conservation and restoration of monuments and sites (architectural and cultural heritage),

- training for those dealing with cultural affairs,

- the organization of European-oriented cultural events,

- dissemination of outstanding cultural achievements including the training of Romanian specialists in this field.

2. The Parties shall cooperate in the promotion of the audiovisual industry in Europe. The audiovisual sector in Romania could most notably take part in activities set up by the Community in the framework of the Media programme under procedures laid down by the bodies responsible for managing each activity and in accordance with the provisions of the Decision of the Council of the European Communities of 21 December 1990, which established the programme. The Community will encourage the Romanian audiovisual sector to participate in the appropriate Eureka programmes.

The Parties shall coordinate, and where appropriate, harmonize their policies regarding the regulation of cross-border broadcasting, technical norms in the audiovisual field and the promotion of European audiovisual technology.

Cooperation could include inter alia the exchange of programmes, bursaries and facilities for the training of journalists and other media professionals.

TITLE VIII FINANCIAL COOPERATION

Article 100

In order to achieve the objectives of this Agreement and in accordance with Articles 101, 102, 104 and 105, without prejudice to Article 103, Romania shall benefit from temporary financial assistance from the Community in the form of grants and loans, including loans from the European Investment Bank according to the provisions of Article 18 of the Statute of the Bank, to accelerate the economic transformation of Romania and to help Romania to cope with the economic and social consequences of structural readjustment.

Article 101

This financial assistance shall be covered:

- either within the framework of the Operation Phare foreseen in Council Regulation (EEC) No 3906/89, as amended, on a multiannual basis, or within a new financial multiannual framework established by the Community following consultations with Romania and taking into account the considerations set out in Articles 104 and 105 of this Agreement,

- by the loans provided by the European Investment Bank until the expiry date of the availability thereof; following consultations with Romania the Community shall fix the maximum amount and period of availability of loans from the European Investment Bank for Romania for subsequent years.

Article 102

The objectives and the areas of the Community's financial assistance shall be laid down in an indicative programme to be agreed between the two Parties. The Parties shall inform the Association Council.

Article 103

1. The Community shall, in case of special need, taking into account the G-24's guidelines for action and the availability of all financial resources, on request of Romania and in coordination with international financial institutions, in the context of the G-24, examine the possibility of granting temporary financial assistance

- to support measures with the aim to introduce and maintain the convertibility of the Romanian currency,

- to support medium-term stabilization and structural adjustment efforts, including balance of payments assistance.

2. This financial assistance is subject to Romania's presentation of IMF supported programmes in the context of the G-24, as appropriate, for convertibility and/or for restructuring its economy, to the Community's acceptance thereof, to Romania's continued adherence to these programmes and, as an ultimate objective, to rapid transition to reliance on finance from private sources.

3. The Association Council will be informed of the conditions under which this assistance will be provided and of the respect of the obligations undertaken by Romania concerning such assistance.

Article 104

The Community financial assistance shall be evaluated in the light of the needs which arise and of Romania's development level, and taking into account established priorities and the absorption capacity of Romania's economy, the ability to repay loans and progress towards a market economy system and restructuring in Romania.

Article 105

In order to permit optimum use of the resources available, the Parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries, including the G-24, and international financial institutions, such as the International Monetary Fund, the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.

TITLE IX INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 106

An Association Council is hereby established which shall supervise the implementation of this Agreement. It shall meet at ministerial level once a year and when circumstances require. It shall examine any major issues arising within the framework of the Agreement and any other bilateral or international issues of mutual interest.

Article 107

1. The Association Council shall consist of the members of the Council of the European Communities and members of the Commission of the European Communities, on the one hand, and of members appointed by the Government of Romania, on the other.

2. Members of the Association Council may arrange to be represented, in accordance with the conditions to be laid down in its rules of procedure.

3. The Association Council shall establish its rules of procedure.

4. The Association Council shall be presided in turn by a member of the Council of the European Communities and a member of the Government of Romania, in accordance with the provisions to be laid down in its rules of procedure.

5. Where appropriate, the European Investment Bank will take part, as an observer, in the work of the Association Council.

Article 108

The Association Council shall, for the purpose of attaining the objectives of the Agreement, have the power to take decisions in the cases provided for therein. The decisions taken shall be binding on the Parties which shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations.

It shall draw up its decisions and recommendations by Agreement between the two Parties.

Article 109

1. Each of the two Parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.

2. The Association Council may settle the dispute by means of a decision.

3. Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.

4. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.

The Association Council shall appoint a third arbitrator.

The arbitrators' decisions shall be taken by majority vote.

Each Party to the dispute must take the steps required to implement the decision of the arbitrators.

Article 110

1. The Association Council shall be assisted in the performance of its duties by an Association Committee composed of representatives of the members of the Council of the European Communities and of members of the Commission of the European Communities on the one hand and of representatives of the Government of Romania on the other, normally at senior civil servant level.

In its rules of procedure the Association Council shall determine the duties of the Association Committee, which shall include the preparation of meetings of the Association Council and how the Committee shall function.

2. The Association Council may delegate to the Association Committee any of its powers. In this event the Association Committee shall take its decisions in accordance with the conditions laid down in Article 108.

Article 111

The Association Council may decide to set up any other special committee or body that can assist it in carrying out its duties.

In its rules of procedure, the Association Council shall determine the composition and duties of such committee or bodies and how they shall function.

Article 112

An Association Parliamentary Committee is hereby established. It shall be a forum for Members of the Romanian Parliament and the European Parliament to meet and exchange views. It shall meet at intervals which it shall itself determine.

Article 113

1. The Association Parliamentary Committee shall consist of members of the European Parliament, on the one hand, and of members of the Romanian Parliament, on the other.

2. The Association Parliamentary Committee shall establish its rules of procedure.

3. The Association Parliamentary Committee shall be presided in turn by each the European Parliament and the Romanian Parliament, in accordance with the provisions to be laid down in its rules of procedure.

Article 114

The Association Parliamentary Committee may request relevant information regarding the implementation of this Agreement from the Association Council, which shall then supply the Committee with the requested information.

The Association Parliamentary Committee shall be informed of the decisions of the Association Council.

The Association Parliamentary Committee may make recommendations to the Association Council.

Article 115

Within the scope of this Agreement, each Party undertakes to ensure that natural and legal persons of the other Party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the Parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.

Article 116

Nothing in this Agreement shall prevent a Contracting Party from taking any measures:

(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b) which relate to the production of, or trade in arms, ammunition or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

Article 117

1. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

- the arrangements applied by Romania in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, or their companies or firms,

- the arrangements applied by the Community in respect of Romania shall not give rise to any discrimination between Romanian nationals or its companies or firms.

2. The provisions of paragraph 1 are without prejudice to the right of the Parties to apply the relevant provisions of their fiscal legislation to tax payers who are not in identical situations as regards their place of residence.

Article 118

Products originating in Romania shall not enjoy more favourable treatment when imported into the Community than that applied by Member States among themselves.

The treatment granted to Romania under Title IV and Chapter I of Title V shall not be more favourable than that accorded by Member States among themselves.

Article 119

1. The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.

2. If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests.

Article 120

This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved under the present Agreement, affect rights assured to them through Agreements binding one or more Member States, on the one hand, and Romania, on the other, except for areas of Community competence and without prejudice of Member States' obligations resulting from this Agreement in sectors of their competence.

Article 121

Protocols 1, 2, 3, 4, 5, 6 and 7, and Annexes I to XIX shall form an integral part of this Agreement.

Article 122

This Agreement is concluded for an unlimited period.

Either Party may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply six months after the date of such notification.

Article 123

This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Romania.

Article 124

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

Article 125

This Agreement will be approved by the Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed.

Upon its entry into force, the Agreement shall replace the Agreement between the European Economic Community, the European Atomic Energy Community and Romania on trade and economic and commercial cooperation signed in Luxembourg on 22 October 1990.

Article 126

1. In the event that, pending the completion of the procedures necessary for the entry into force of the Agreement, the provisions of certain parts of this Agreement, in particular those relating to the movement of goods, are put into effect in 1993 by means of an Interim Agreement between the Community and Romania, the Contracting Parties agree that, in such circumstances for the purposes of Title III, Articles 64 and 67 of this Agreement and Protocol 1, 2, 3, 4, 5, 6 and 7 hereto, the terms 'date of entry into force of the Agreement` shall mean

- the date of entry into force of the Interim Agreement in relation to obligations taking effect on that date, and

- 1 January 1993 in relation to obligations taking effect after the date of entry into force by reference to the date of entry into force.

2. In the case of entry into force after 1 January the provisions of Protocol 7 shall apply.

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

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne aftale.

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

Åéò ðßóôùóç ôùí áíùôÝñù, ïé õðïãåãñáììÝíïé ðëçñåîïýóéïé Ýèåóáí ôéò õðïãñáöÝò ôïõò óôçí ðáñïýóá óõìöùíßá.

In witness whereof the undersigned Plenipotentiaries have signed this Agreement.

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

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

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst hebben gesteld.

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

Drept pentru care subsemna Ktii Plenipoten Ktiari au semnat prezentul Acord.

Hecho en Bruselas, el uno de febrero de mil novecientos noventa y tres.

Udfærdiget i Bruxelles, den første februar nitten hundrede og treoghalvfems.

Geschehen zu Brüssel am ersten Februar neunzehnhundertdreiundneunzig.

¸ãéíå óôéò ÂñõîÝëëåò, ôçí ðñþôç Öåâñïõáñßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Brussels on the first day of February in the year one thousand nine hundred and ninety-three.

Fait à Bruxelles, le premier février mil neuf cent quatre-vingt-treize.

Fatto a Bruxelles, addì primo febbraio millenovecentonovantatré.

Gedaan te Brussel, de eerste februari negentienhonderd drieënnegentig.

Feito em Bruxelas, em um de Fevereiro de mil novecentos e noventa e três.

Încheiat la Bruxelles, în prima zi a lunii februarie, anul o mie nou Fa sute nou Fazeci Ksi trei.

Pour le royaume de Belgique

Voor het Koninkrijk België

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På Kongeriget Danmarks vegne

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Für die Bundesrepublik Deutschland

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Ãéá ôçí ÅëëçíéêÞ Äçìïêñáôßá

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Por el Reino de España

>REFERENCE TO A FILM>

Pour la République française

>REFERENCE TO A FILM>

Thar cheann Na hÉireann

For Ireland

>REFERENCE TO A FILM>

Per la Repubblica italiana

>REFERENCE TO A FILM>

Pour le Grand-Duché de Luxembourg

>REFERENCE TO A FILM>

Voor het Koninkrijk der Nederlanden

>REFERENCE TO A FILM>

Pela República Portuguesa

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For the United Kingdom of Great Britain and Northern Ireland

>REFERENCE TO A FILM>

Por el Consejo y la Comisión de las Comunidades Europeas

For Rådet og Kommissionen for De Europæiske Fællesskaber

Für den Rat und die Kommission der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï êáé ôçí ÅðéôñïðÞ ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council and the Commission of the European Communities

Pour le Conseil et la Commission des Communautés européennes

Per il Consiglio e la Commissione delle Comunità europee

Voor de Raad en de Commissie van de Europese Gemeenschappen

Pelo Conselho e Pela Comissão das Comunidades Europeias

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Pentru Rômania

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ANNEX I

List of products referred to in Articles 9 and 19 of the Agreement

>TABLE>

ANNEX IIa

List of products referred to in the first subparagraph of Article 10 (2)

>

TABLE POSITION>

ANNEX IIb

List of products referred to in the second subparagraph of Article 10 (2)

CN code

2818 20 00

2818 30 00

7601

ANNEX III

List of products referred to in Article 10 (3)

>TABLE>

ANNEX IV

List of products referred to in Article 11 (1)

2502 00 00

2503 10 00

2503 90 00

2504 10 00

2504 90 00

2508 50 00

2508 60 00

2511 10 00

2512 00 00

2513 11 00

2513 19 00

2513 21 00

2513 29 00

2517 20 00

2517 30 00

2528 10 00

2528 90 00

2530 10 00

2530 20 00

2604 00 00

2605 00 00

2610 00 00

2612 20 10

2612 20 90

2614 00 10

2614 00 90

2615 10 00

2615 90 10

2615 90 90

2617 10 00

2617 90 00

2619 00 91

2619 00 93

2619 00 95

2619 00 99

2704 00 11

2704 00 90

2705 00 00

2706 00 00

2707 91 00

2709 00 10

2709 00 90

2710 00 71

2710 00 75

2710 00 79

2711 11 00

2711 12 11

2711 12 19

2711 12 91

2711 12 93

2711 12 99

2711 13 10

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9402 10 00

9402 90 00

9403 20 10

9403 70 10

9405 10 10

9405 60 10

9405 92 10

9405 99 10

9506 31 00

9506 32 00

9506 39 10

9506 39 90

9506 91 00

9506 99 10

9506 99 90

9601 10 00

9612 10 10

9612 10 90

9612 20 00

9701 10 00

9701 90 00

9702 00 00

9703 00 00

9704 00 00

9705 00 00

9706 00 00

ANNEX V

List of products referred to in Article 11 (2)

2529 21 00

2529 22 00

2529 30 00

2712 90 39

2712 90 90

2713 20 00

2713 90 10

2713 90 90

2801 10 00

2804 61 00

2804 69 00

2804 70 00

2804 80 00

2804 90 00

2818 10 00

2833 23 00

2833 24 00

2833 25 00

2833 27 00

2833 29 10

2833 29 30

2833 29 50

2833 29 70

2833 29 90

2839 11 00

2839 19 00

2839 20 00

2839 90 10

2839 90 90

2850 00 10

2850 00 30

2850 00 50

2850 00 70

2850 00 90

2903 12 00

2903 13 00

2903 30 10

2903 40 69

2903 40 98

2905 17 00

2905 19 90

2905 39 90

2906 11 00

2906 13 00

2906 14 00

2906 19 00

2906 21 00

2906 29 10

2906 29 90

2908 10 10

2908 10 90

2908 20 00

2908 90 90

2914 21 00

2914 23 00

2914 30 00

2914 41 00

2914 49 00

2914 50 00

2915 11 00

2915 12 00

2915 13 00

2915 23 00

2915 24 00

2915 29 00

2915 31 00

2915 33 00

2915 35 00

2915 39 10

2915 39 30

2915 39 50

2915 39 90

2915 60 10

2915 60 90

2915 70 15

2915 70 20

2915 70 25

2915 70 30

2915 70 80

2915 90 10

2915 90 90

2918 12 00

2918 19 30

2918 19 90

2921 42 10

2921 42 90

2921 43 10

2921 43 90

2921 44 00

2921 49 10

2921 49 90

2922 11 00

2922 12 00

2922 13 00

2922 19 00

2922 21 00

2922 22 00

2922 29 00

2922 30 00

2922 41 00

2922 42 00

2922 49 10

2922 49 30

2922 49 90

2922 50 00

2929 10 00

2929 90 00

2930 10 00

2930 40 00

2930 90 80

2931 00 10

2931 00 20

2931 00 30

2931 00 90

2932 11 00

2932 13 00

2932 19 00

2932 21 00

2932 29 10

2932 29 90

2932 90 10

2932 90 30

2932 90 50

2932 90 70

2932 90 90

2933 11 10

2933 11 90

2933 19 10

2933 19 90

2933 21 00

2933 29 10

2933 29 90

2933 31 00

2933 39 10

2933 39 90

2933 40 10

2933 40 90

2933 51 10

2933 51 30

2933 51 90

2933 59 10

2933 59 90

2933 69 10

2933 69 90

2933 79 00

2933 90 10

2933 90 30

2933 90 50

2933 90 60

2933 90 70

2933 90 90

2934 10 00

2934 20 10

2934 20 30

2934 20 50

2934 20 90

2934 30 10

2934 30 90

2934 90 10

2934 90 30

2934 90 40

2934 90 50

2934 90 60

2934 90 70

2934 90 80

2934 90 90

2935 00 00

2936 10 00

2936 21 00

2936 22 00

2936 23 00

2936 24 00

2936 25 00

3003 10 00

3003 20 00

3003 31 00

3003 39 00

3003 40 00

3003 90 10

3003 90 90

3004 90 11

3004 90 19

3004 90 91

3004 90 99

3207 10 10

3207 10 90

3207 20 10

3207 20 90

3207 30 00

3207 40 10

3207 40 90

3212 10 10

3212 10 90

3212 90 10

3212 90 31

3212 90 39

3212 90 90

3301 21 10

3301 21 90

3301 22 10

3301 22 90

3301 23 10

3301 23 90

3301 24 10

3301 24 90

3301 25 10

3301 25 90

3301 26 10

3301 26 90

3301 29 11

3301 29 31

3301 29 51

3301 29 53

3301 29 55

3301 29 57

3301 29 59

3301 29 91

3301 30 00

3301 90 10

3301 90 90

3903 30 00

3905 11 00

3905 90 00

3906 10 00

3906 90 00

3907 20 11

3909 20 00

3909 30 00

3910 00 00

3911 10 00

3911 90 10

3911 90 90

4007 00 00

4301 80 10

4301 80 30

4301 80 50

4301 80 90

4302 19 10

4302 19 20

4302 19 41

4302 19 49

4302 19 70

4302 19 90

4302 30 51

4302 30 55

4302 30 71

4302 30 75

4406 10 00

4406 90 00

4802 10 00

4802 20 00

4811 29 00

4811 31 00

4811 39 00

4905 10 00

4905 91 00

4905 99 00

4906 00 00

4907 00 10

4907 00 30

4907 00 91

4907 00 99

4908 10 00

4908 90 00

4909 00 10

4909 00 90

4910 00 00

4911 10 00

4911 91 10

4911 91 80

4911 99 00

6802 22 00

6802 29 00

6802 92 00

6802 99 10

6802 99 90

6803 00 10

6803 00 90

6806 10 00

6815 10 00

7309 00 10

7309 00 30

7309 00 51

7309 00 59

7309 00 90

7312 10 30

7312 10 50

7312 10 71

7312 10 75

7312 10 79

7312 10 91

7312 10 95

7312 10 99

7312 90 90

7320 20 85

7407 10 00

7407 21 10

7407 21 90

7407 22 10

7407 22 90

7407 29 00

7409 11 00

7409 19 00

7409 21 00

7409 29 00

7409 31 00

7409 39 00

7409 40 11

7409 40 19

7409 40 91

7409 40 99

7409 90 10

7409 90 90

7415 10 00

7415 21 00

7415 29 00

7415 31 00

7415 32 10

7415 32 90

7415 39 00

7418 10 00

7418 20 00

7505 11 00

7505 12 00

7505 21 00

7505 22 00

7507 11 00

7507 12 00

7608 20 30

7608 20 91

7608 20 99

7616 10 00

7616 90 91

7616 90 99

8005 10 00

8005 20 00

8006 00 00

8007 00 00

8211 10 00

8211 91 10

8211 91 90

8211 92 10

8211 92 90

8211 93 10

8211 93 90

8211 94 00

8214 10 00

8214 20 00

8214 90 00

8303 00 10

8303 00 30

8303 00 90

8311 10 10

8311 10 90

8311 20 00

8311 30 00

8311 90 00

8407 21 11

8407 21 19

8407 21 91

8407 21 99

8407 29 30

8407 29 50

8407 29 70

8407 29 90

8408 20 31

8408 20 35

8408 20 37

8408 20 51

8408 20 55

8408 20 57

8408 90 21

8408 90 31

8408 90 33

8408 90 36

8408 90 37

8408 90 51

8408 90 55

8408 90 57

8408 90 71

8408 90 75

8414 59 30

8423 81 50

8423 81 90

8423 82 10

8423 82 91

8423 82 99

8423 89 10

8423 89 90

8423 90 00

8451 10 00

8451 21 10

8451 21 90

8451 29 00

8451 30 10

8451 30 90

8451 40 00

8451 50 00

8451 80 10

8451 80 90

8415 90 00

8468 10 00

8468 20 00

8468 80 00

8468 90 00

8476 11 10

8476 11 90

8476 19 10

8476 19 90

8476 90 00

8480 71 00

8481 10 11

8481 10 19

8481 20 10

8481 20 90

8481 30 10

8481 30 91

8481 30 99

8481 40 10

8481 40 90

8481 80 11

8481 80 19

8481 80 31

8481 80 39

8481 80 51

8481 80 59

8481 80 61

8481 80 63

8481 80 69

8481 80 71

8481 80 73

8481 80 79

8481 80 81

8481 80 85

8481 80 87

8481 80 99

8501 52 91

8501 53 99

8504 90 11

8504 90 19

8504 90 90

8516 31 90

8516 50 00

8516 60 70

8516 71 00

8516 72 00

8517 10 00

8517 20 00

8517 30 00

8517 40 00

8517 81 10

8517 81 90

8517 82 00

8517 90 10

8517 90 91

8517 90 99

8524 10 00

8524 21 10

8524 21 90

8524 22 10

8424 22 90

8524 23 10

8524 23 90

8524 90 10

8524 90 91

8524 90 99

8538 90 10

8538 90 90

8539 40 10

8539 40 30

8539 40 90

8540 12 10

8540 12 30

8540 12 90

8540 30 10

8540 30 90

8540 49 00

8540 81 00

8540 89 11

8540 89 19

8540 89 90

8542 11 10

8542 11 30

8542 11 41

8542 11 43

8542 11 45

8542 11 51

8542 11 52

8542 11 53

8542 11 55

8542 11 61

8542 11 63

8542 11 65

8542 11 66

8542 11 72

8542 11 76

8542 11 81

8542 11 83

8542 11 85

8542 11 87

8542 11 92

8542 11 93

8542 11 94

8542 11 99

8542 19 10

8542 19 20

8542 19 30

8542 19 50

8542 19 70

8542 19 90

8542 20 10

8542 20 50

8542 20 90

8608 00 30

8608 00 91

8608 00 99

8708 10 10

8708 21 10

8903 91 10

8903 91 91

8903 91 93

8903 91 99

8903 92 10

8903 92 91

8903 92 99

8903 99 10

8903 99 91

8903 99 99

9001 50 20

9001 50 41

9001 50 49

9001 50 80

9002 11 00

9002 19 00

9002 20 10

9002 20 90

9005 10 10

9005 10 90

9005 80 00

9005 90 00

9007 21 00

9007 29 00

9007 91 10

9007 91 90

9007 92 00

9009 11 00

9009 12 00

9009 21 00

9009 22 10

9009 22 90

9009 30 00

9010 10 00

9010 20 00

9010 30 00

9010 90 00

9017 10 10

9017 10 90

9017 20 11

9017 20 19

9017 20 30

9017 20 90

9017 30 10

9017 30 90

9017 80 10

9017 80 90

9017 90 00

9110 12 00

9110 19 00

9110 90 00

9111 10 00

9111 20 10

9111 80 00

9111 90 00

9112 10 00

9112 80 00

9112 90 00

9113 10 10

9113 10 90

9113 20 00

9114 10 00

9114 20 00

9114 30 00

9114 40 00

9114 90 00

9504 10 00

9504 20 10

9504 20 90

9504 30 10

9504 30 30

9504 30 50

9504 30 90

9504 90 10

9504 90 90

9506 11 10

9506 11 90

9506 12 00

9506 19 10

9506 19 90

9506 21 00

9506 29 10

9506 29 90

9506 40 10

9506 40 90

9506 51 00

9506 59 10

9506 59 90

9506 61 00

9506 62 10

9506 62 90

9506 69 10

9506 69 90

9506 70 10

9506 70 30

9506 70 90

9608 10 10

9608 10 30

9608 10 91

9608 10 99

9608 20 00

9608 31 00

9608 39 10

9608 39 90

9608 40 00

9608 50 00

9608 60 10

9608 60 90

9608 91 00

9608 99 10

9608 99 30

9608 99 91

9608 99 99

9609 10 10

9609 10 90

9609 20 00

9609 90 10

9609 90 90

9613 10 00

9613 20 10

9613 20 90

9613 30 00

9613 80 00

9613 90 00

9614 10 00

9614 20 10

9614 20 90

9614 90 00

ANNEX VI

1. Customs duties on imports applicable in Romania to products originating in the Community listed below shall be eliminated according to the following timetable:

- on entry into force of the Agreement they will be reduced to 80 % of the basic duty,

- three years after the entry into force of the Agreement they will be reduced 70 % of the basic duty,

- five years after the entry into force of the Agreement they will be reduced to 60 % of the basic duty,

- seven years after the entry into force of the Agreement they will be reduced to 40 % of the basic duty,

- eight years after the entry into force of the Agreement they will be reduced to 20 % of the basic duty,

- nine years after the entry into force of the Agreement they will be reduced to 0 % of the basic duty:

8703 21 10

8703 22 11

8703 23 11

8703 23 19

8703 31 10

8703 32 11

8703 33 19

8703 90 10.

2. Customs duties on imports applicable in Romania to products originating in the Community listed below shall be eliminated according to the following timetable:

- three years after the entry into force of the Agreement, to 80 % of the basic duty,

- five years after the entry into force of the Agreement, to 60 % of the basic duty,

- seven years after the entry into force of the Agreement, to 40 % of the basic duty,

- eight years after the entry into force of the Agreement, to 20 % of the basic duty,

- nine years after the entry into force of the Agreement, to 0 % of the basic duty:

8703 21 90

8703 22 19

8703 22 90

8703 23 90

8703 24 90

8703 31 90

8703 32 19

8703 32 90

8703 33 90

8703 90 90.

ANNEX VII

List of products referred to in Article 11 (5)

CN code

8407 34 10

8407 34 91

8408 20 10.

For the abovementioned products the annual tariff quota referred to in Article 11 (5) is 20 000 pieces for 1993. The tariff quota shall be increased annually by 10 % of the initial amount.

ANNEX VIII

Romania shall abolish by the end of the eight year from the entry into force of the Agreement the measures prohibiting the registration of the imported used vehicles of at least eight years or older calculated from the first of January of the year following the year of production.

The products subject to these measures are:

8702 10 19

8702 10 99

8702 90 19

8702 90 39

8703 21 90

8703 22 90

8703 23 90

8703 24 90

8703 31 90

8703 32 90

8703 33 90

8704 21 39

8704 21 99

8704 22 99

8704 23 99

8704 31 39

8704 31 99

8704 32 99.

ANNEX IX

List of products referred to in Article 14 (3)

A. List of goods temporarily non admitted for export in 1992

- Electric power

- Energetic and coke coals

- Coal briquettes

- Non-ferrous, gold and silver concentrates

- Natural and liquefied gases

- Crude oil

- Fuel oil, kerosene and liquid for heating

- Aromatic hydrocarbons (paraxilene, mixtures of xilene isomers, cyclohexanone and cyclohexanol)

- Intermediates for man-made fibres and yarns (phenol, propylene)

- Scraps and renewable materials containing precious and rare metals

- Non-ferrous and paper scraps (excluding lead-copper crusts)

- Non-ferrous metals in blocks (lead, zinc, tin and their alloys) excluding blocks of secondary bronze and brass alloys and soldering alloys in the form of rods and wires

- Rolled and threaded wire, extruded bars of copper

- Technical sulphur

- Natural unworked diamonds

- Mineralogy collections (flowers of mine)

- Medicines of human and animal use and raw material used in the Romanian pharmaceutical industry except those listed in Annex C

- Protheses, ortopedical products and medicinal cotton wool

- Logs, rafters, lumber, railway sleepers, Christmas fir-trees, etc.

- Firewood, wood for cellulose, chipboard and fiberboard

- Timber, either of soft or hardwood and wooden pallets (including parquet and oak-tree skirting band)

- Veneers (of all kinds of wood)

- Cellulose and semi-cellulose

- Silk cocoons, 'Bombix Mori` kind

- Bovine raw hides

- Sheep and goat raw hides

B. List of goods under export quotas in 1992

- Insulated and enamelled copper, cables and wires

- Ferro-alloys (ferro-chrom, ferro-silicon-manganese, ferro-silicon and metalic silicon)

- Collected scrap iron, used rails

- Primary and secondary aluminium in blocks

- Bronze and brass secondary alloys in blocks, including soldering alloys in the form of rods and wires

- Lead - copper crusts

- Electrolyzable copper obtained from imported copper concentrates

- Benzines (if no shortages are caused in the domestic market)

- Diesel oils

- Naphthenic mineral oils

- Chemical fertilizers obtained from nitrogen and urea

- Beech-tree plywood

- Panel

- Beech-tree parquet

- Chipboard

- Wooden cases for citrus fruit

- Timber and semifabs of resinous wood, beech and various softwood trees (poplars, etc.)

- Door and window-frames

- Notebooks

- Benzene

- Toluene

- Dimethyl-terephtalate

- Achryl-nithril

- Ethylene-glycol

- Non-processed marble

C. List of raw materials and medicines under export quotas in 1992

- Chloramphenicol dragees

- Calcium pantotenate (bulk)

- Esther diethymalonic (bulk)

- Vitamin K3 fodder use (bulk)

- Injectable gluconic calcium

- Injectable glucose (dextrose)

- Pharyingosept tablets

- Aspirin (bulk)

- Natrium Benzoate

- Benzonic acid 99 %

- Salicylic acid

- Romazulan phials

- Insulin ampoules

- Hydrocortisone acetate 25 mg 5/l

- Heligal pills × 20

- Silimarine pills × 80

- Lanatozid pills × 60

- Apilarnil potent × 40

- Apilarnil potent y pills × 40

- Adenostop 100 ml

- Penicillin G sterile

- Penicillin G natrium

- Tetracyclin (bulk)

- Oxitetracyclin (bulk)

- Oxitetracyclin feed grade 10 %

- Streptomicine phials

- Streptomicine (bulk)

- Nistatin (bulk)

- Cloxacillin (bulk)

- Efitard phials

- Chloramphenicol hemisuccinate phials

- Moldamine phials

- Pell-amar ointment, cream, gel and bulk

- Vitamin B-12 veterinary use

- Oxacillin phials × 500 mg

- Meticyllin phials × 1 g

- Eritromicin laxtobionat phials

- Phoshobion ampoules

- Gerovital H-3 ampoules

- Gerovital H-3 dragees

- Aslavital ampoules

- Aslavital dragees

- Pell-amar pills

- Sulphatiasol (bulk)

- Phthalisulphatiasol pills

- Chlorochin phosphate pills

- Sulphanylamyde (bulk)

- Calcium gluconic ampoules

- DL-methionine

- Quinine sulphate

- Tolbutamide (bulk)

- Paracetamol (bulk)

- Methyl salicylate (bulk)

- Sulphochinoxaleine (bulk)

- Phenolphtaleine (bulk)

- Chloramine B

- Sodium saccharine

- Salicylamide

- Saprosan

- Nicotine-amide

- Nipagine

- Phenacetine

- Nipasol

- Isooctyl salicylate

- Natrium cyclamate

- Chlorsoxazone

- Piracetam

- Meclophenoxat

- Scobutil

- Piperazine adipate

- Coline ditartrate

- Methyl nicotinate

- Semen colchici

ANNEX X

>TABLE>

ANNEX XIa

List of products referred to in Article 21 (2) (1)

The products listed in this Annex will be subject to a 50 % levy reduction.

>TABLE>

(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 preferencial 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 codes and corresponding description taken together.

ANNEX XIb

List of products referred to in Article 21 (2) (1)

>TABLE>

Annex to Annexes XIb and XIIb

Minimum import price arrangement for certain soft fruit for processing

1. Minimum import prices are fixed for each marketing year for the following products:

>TABLE>

The minimum import prices are fixed by the Community in consultation with Romania, taking into consideration the price evolution, imported quantities and market development in the Community.

2. The minimum import prices shall be respected in accordance with the following criteria:

- during each three-month period of the marketing year the average unit value for each product listed in paragraph 1, imported into the Community, shall not be lower than the minimum import price for that product,

- during any two week period the average unit value for each product listed in paragraph 1, imported into the Community, shall not be lower than 90 % of the minimum import price for that product, in so far as the quantities imported during this period are not less than 4 % of normal annual imports.

3. In the event of failure to observe one of these criteria, the Community may introduce measures ensuring that the minimum import price is respected for each consignment of the product concerned imported from Romania.

(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 CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description taken together.

ANNEX XIIa

List of products referred to in Article 21 (4) (1)

Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below:

The quantities imported under the CN code referred to in this Annex, with the exception of codes 0104 and 0204, will be subject to levy and duty reduction of 20 % in the first year, 40 % in the second year and 60 % in the succesive years.

>TABLE>

(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 CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description taken together.

ANNEX XIIb

List of products referred to in Article 21 (4) (1)

Imports into the Community of the following products originating in Romania shall be subject to the concessions set out below

>TABLE>

(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 CN codes are indicated, the preferential scheme is to be determined by application of the CN codes and corresponding description taken together.

ANNEX XIII

List of products referred to in Article 21 (4)

Imports into Romania of the following products originating in the Community shall be subject to the concessions set out below

>TABLE>

ANNEX XIV

>TABLE>

ANNEX XV

>TABLE>

ANNEX XVI

Establishment (Article 45 (1))

Legal acts relating to real-estate property in frontier regions in accordance with legislation in force in certain Member States of the Community.

ANNEX XVII

Establishment (Article 45 (2))

1. Purchase, ownership, sale of land and forestry.

2. Purchase, ownership, sale of residence buildings not related to foreign investments in Romania.

3. Cultural and historic monuments and buildings.

4. Organization of gambling, betting, lotteries and other similar activities.

5. Legal services, excluding legal advisory services.

ANNEX XVIII

Establishment: Financial services (Articles 45, 46, 48 and 50)

Definitions

A financial service is any service of a financial nature offered by a financial service provider of a party. Financial services include the following activities:

A. All insurance and insurance-related services

1. Direct insurance (including co-insurance)

(i) life;

(ii) non-life.

2. Reinsurance and retrocession.

3. Insurance intermediation, such as brokerage and agency.

4. Services auxiliary to insurance, such as consultancy, actuarial, risk asessment and claim settlement services.

B. Banking and other financial services (excluding insurance)

1. Acceptance of deposits and other repayable funds from the public.

2. Lending of all types, including, inter alia, consumer credit, mortgage credit, factoring and financing of commercial transaction.

3. Financial leasing.

4. All payment and money transmission services, including credit charge and debit cards, travellers cheques and bankers drafts.

5. Guarantees and commitments.

6. Trading for own account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(a) money market instruments (cheques, bills, certificates of deposits, etc.);

(b) foreign exchange;

(c) derivative products including, but not limited to, futures and options;

(d) exchange rates and interest rate instruments, including products such as swaps, forward rate agreements, etc.;

(e) transferable securities;

(f) other negotiable instruments and financial assets, including bullion.

7. Participation in issues of all kinds of securities, including under-writing and placement as agent (whether publicly or privately) and provision of services related to such issues.

8. Money broking.

9. Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services.

10. Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments.

11. Advisory intermediation and other auxiliary financial services on all the activities listed in Points 1 to 10 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

12. Provision and transfer of financial information, and financial data processing and related software by providers of other financial services.

Excluded from the definition of financial services are the following activities:

(a) activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies;

(b) activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the government, except when those activities may be carried out by financial service providers in competition with such public entities;

(c) activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried out by financial service providers in competition with public entities or private institutions.

ANNEX XIX

Intellectual property (Article 67)

1. Paragraph 2 of Article 67 concerns the following multilateral conventions:

- Budapest Treaty on the international recognition of the deposit of micro-organisms for the purposes of patent procedures (1977, modified in 1980),

- Protocol relating to the Madrid Agreement concerning the international registration of marks (Madrid 1989),

- Berne Convention for the protection of literary and artistic works (Paris Act, 1971),

- International Convention for the protection of performers, producers of phonograms and broadcasting organizations (Rome, 1961).

2. The Association Council may decide that paragraphe 2 of Article 67 shall aplly to other present or future mulitlateral conventions.

3. The Contracting Parties confirm the importance they attach to the obligations arising from the following multilateral conventions:

- Paris Convention for the protection of industrial property (Stockholm Act, 1967 and amended in 1979),

- Madrid Agreement concerning the international registration of marks (Stockholm Act, 1967 and amended in 1979),

- Patent Cooperation Treaty (Washington 1970, amended 1979 and modified in 1984).

4. Before the end of the first stage, Romania shall comply in its internal legislation with the substantial provisions of the Nice Agreement concerning the international classification of goods and services for the purposes of registration of marks (Geneva 1977, amended 1979).

5. For the purposes of paragraph 3 of this Annex and the provisions of Article 76 (1) referring to intellectual property, Contracting Parties shall be Romania, the European Economic Community and the Member States, each in as far as they are respectively competent for matters concerning industrial, intellectual and commercial property covered by these conventions or by Article 76 (1).

6. The provisions of this Annex and of the provisions of Article 76 (1), referring to intellectual property are without prejudice to the competence of the European Economic Community and its Member States in matters of industrial, intellectual and commercial property.

LIST OF PROTOCOLS

>TABLE>

PROTOCOL 1 on textile and clothing products

Article 1

This Protocol applies to the textile and clothing products (hereinafter 'textile products`) defined as follows:

- for quantitative purposes, textiles products are those listed in Annex I to the bilateral Agreement between the Community and Romania on trade in textile products initialled on 11 July 1986 and applied provisionally since 1 January 1987, as amended by the exchange of letters initialled in Brussels on 20 September 1991, and to those products listed in Table I of the Annex to the Agreement in the form of an exchange of letters which is an integral part of the aforementioned bilateral Agreement initialled on 11 July 1986,

- for tariff purposes, textile products are those in Section XI (Chapters 50 to 63) of the combined nomenclature of the Community, and, respectively, of the Romanian customs tariff.

Article 2

1. Customs duties on imports applicable in the Community to textile products falling within Section XI (Chapters 50 to 63) of the combined nomenclature and originating in Romania in accordance with Protocol 4 of the Agreement shall be reduced in order to arrive at their elimination at the end of a period of six years starting from the entry into force of the Agreement, as follows:

- upon entry into force of the Agreement, to five-sevenths of the basic duty,

- at the start of the third year, to four-sevenths of the basic duty,

- at the start of the fourth year, to three-sevenths of the basic duty,

- at the start of the fifth year, to two-sevenths of the basic duty,

- at the start of the sixth year, to one-seventh of the basic duty,

- at the start of the seventh year, the remaining duties shall be eliminated.

2. Customs duties on imports applicable in Romania to textile products falling within Section XI (Chapters 50 to 63) of the Romanian customs tariff and originating in the Community in accordance with Protocol 4 of the Agreement, shall be progressively eliminated as provided for in Article 11 of the Agreement.

3. The customs duties applicable to compensating products imported into the Community which originate in Romania within the meaning of Protocol 4 of the Agreement, and which result from operations in Romania in accordance with Council Regulation (EEC) No 636/82, shall be eliminated on the date of entry into force of the Agreement.

4. The provisions of Articles 12 and 13 of the Agreement shall apply to trade in textile products between the Parties.

Article 3

1. From the date of entry into force of the Agreement until the entry into force of the Protocol referred to in paragraph 2, the quantitative arrangements and other related issues regarding exports of textile products originating in Romania to the Community shall continue to be governed by the bilateral Agreement on trade in textile products between the Community and Romania, initialled on 11 July 1986 and applied provisionally since 1 January 1987, as amended by the exchange of letters initialled in Brussels on 20 September 1991. The Parties agree to amend as necessary the aforementioned bilateral agreement on trade in textile products to take account of the Community's policy on textiles after 1 January 1993.

The Parties agree that, as regards exports to the Community of textiles products originating in Romania, Articles 26 (2) and 31 of the Agreement shall not apply during the period of application of the aforementioned bilateral Agreement on trade in textile products.

2. Romania and the Community hereby undertake to negotiate a new Protocol on quantitative arrangements and other related issues on their trade in textile products as soon as possible, taking into account the future regime governing international trade in textile products under discussion in the multilateral negotiations in Geneva. The modalities and period during which non-tariff barriers shall be eliminated will be determined in the new Protocol. The period shall be equal to half the integration period to be decided in the Uruguay Round negotiations starting from 1 January 1994 and it shall not be shorter than five years starting from 1 January 1993 or from the entry into force of the Agreement, if later. The new Protocol shall follow on the expiration of the Agreement on textile products referred to in paragraph 1.

3. Taking into account the development of textile trade between the Parties, the degree of access of textile exports originating in the Community to Romania and the results of the multilateral trade negotiations of the Uruguay Round, provision will be made in the new Protocol for a substantial improvement of the regime applied to imports into the Community regarding import levels, growth rates, flexibility for quantitative limitations and elimination of certain quantitative limitations after a case-by-case examination. Notwithstanding Articles 26 (2) and 31 of the Agreement, provision for a specific textiles safeguard mechanism shall also be made in the new Protocol. Such a mechanism shall not be globally more restrictive than the safeguard mechanism provided for in the textile Agreement referred to in paragraph 1.

4. Quantitative restrictions and measures of equivalent effect on imports of Community textile products into Romania shall be abolished over the same period as is envisaged for the elimination of quantitative restrictions and measures of equivalent effect on imports of Romanian textile products into the Community.

Article 4

From the entry into force of this Agreement until the entry into force of the new Protocol, no new quantitative restrictions or measures of equivalent effect shall be imposed except as provided for under the Agreement and its Protocols.

PROTOCOL 2 on ECSC products

Article 1

This Protocol applies to products listed in Annex I to this Protocol.

CHAPTER I ECSC steel products

Article 2

Customs duties on imports applicable in the Community on ECSC steel products originating in Romania shall be progressively abolished in accordance with the following timetable:

1. each duty shall be reduced to 80 % of the basic duty on the date of entry into force of the Agreement;

2. further reductions to 60 %, 40 %, 20 %, 10 % and 0 % of the basic duty shall be made at the beginning of the second, third, fourth, fifth and sixth years respectively after the entry into force of the Agreement.

Article 3

Customs duties applicable in Romania on imports of ECSC steel products originating in the Community shall be progressively abolished in accordance with the following timetable:

1. for products listed in Annex II a to this Protocol customs duties shall be abolished on the date of entry into force of the Agreement;

2. for products listed in Annex II b to this Protocol customs duties shall be progressively reduced as provided for in Article 11 (2) of the Agreement;

3. for products listed neither in Annex II a nor II b to this Protocol customs duties shall be progressively reduced as provided for in Article 11 (4) of the Agreement.

Article 4

1. Quantitative restrictions and measures of equivalent effect on imports into the Community of ECSC steel products originating in Romania shall be abolished on the date of entry into force of the Agreement.

2. Quantitative restrictions and measures of equivalent effect on imports into Romania of ECSC steel products originating in the Community shall be abolished on the date of entry into force of the Agreement.

Article 5

If, during a period equal to the derogation for subsidies pursuant to Article 9 (4) and given the particular sensitivities of the steel markets, imports of specific steel products originating in one Party cause or threaten to cause serious injury to domestic producers of like products or serious disturbances to the steel markets of the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such a solution and notwithstanding other provisions of the Agreement and in particular Articles 31 and 34, when exceptional circumstances require immediate action, the importing Party may adopt forthwith quantitative or other solutions strictly necessary to deal with the situation, in accordance with its international and multilateral obligations.

CHAPTER II ECSC coal products

Article 6

Customs duties on imports applicable in the Community on ECSC coal products originating in Romania shall be progressively abolished in accordance with the following timetable:

1. on 1 January 1994 each duty shall be reduced to 50 % of the basic duty;

2. on 31 December 1995 the remaining duties shall be eliminated.

Article 7

Customs duties on imports applicable in Romania to ECSC coal products originating in the Community shall be abolished on the date of the entry into force of the Agreement.

Article 8

1. Quantitative restrictions applicable in the Community to ECSC coal products originating in Romania as well as measures having equivalent effect shall be abolished at the latest one year after the entry into force of the Agreement, with the exception of those concerning the products and the regions described in Annex III, which shall be abolished at the latest four years after the entry into force of the Agreement.

2. Quantitative restrictions on imports applicable in Romania to coal products originating in the Community as well as measures having equivalent effect shall be abolished upon entry into force of the Agreement.

CHAPTER III Common provisions

Article 9

1. The following are incompatible with the proper functioning of the Agreement, in so far as they may affect trade between the Community and Romania:

1. all agreements of cooperative or concentrative nature between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;

2. abuse by one or more undertakings of a dominant position in the territories of the Community or of Romania as a whole or in a substantial part thereof;

3. public aid in any form whatsoever except derogations allowed pursuant to the ECSC Treaty.

2. Any practices contrary to this Article should be assessed on the basis of criteria arising from the application of the rules of Articles 65 to 66 of the Treaty establishing the ECSC, and of Articles 85 to 86 of the Treaty establishing the EEC and the rules on State aids, including the secondary legislation.

3. The Association Council shall, within three years of the entry into force of the Agreement, adopt the necessary rules for the implementation of paragraphs 1 and 2.

4. The Contracting Parties recognize that during the first five years after the entry into force of the Agreement, and by derogation from paragraph 1 (3) of this Article, Romania may exceptionally, as regards ECSC steel products, grant public aid for restructuring purposes, provided that:

- it leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, and

- the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore such viability and are progressively reduced,

- the restructuring programme is linked to a global rationalizing and reduction of capacity in Romania.

5. Each Party shall ensure transparency in the area of public aid by a full and continuous exchange of information to the other Party, including amount, intensity and purpose of the aid and detailed restructuring plan.

6. If the Community or Romania considers that a particular practice is incompatible with the terms of paragraph 1 as amended by paragraph 4 of this Article, and

- is not adequately dealt with under the implementing rules referred to in paragraph 3, or

- in the absence of such rules and if such practice causes or threatens to cause prejudice to the interests of the other Party or material injury to its domestic industry,

the affected party may take appropriate measures if no solution is found within 30 days through consultation. Such consultation shall be held in 30 days.

In the case of practices incompatible with paragraph 1 (3) of this Article, such appropriate measures may only cover measures adopted in conformity with the procedures and under the conditions laid down by the General Agreement on Tariffs and Trade and any other relevant instrument negotiated under its auspices which are applicable between the Parties.

Article 10

The provisions of Articles 12, 13 and 14 of the Agreement shall apply to trade between the partners in ECSC products.

Article 11

The Parties agree that one of the special bodies established by the Association Council shall be a contact group which will discuss the implementation of this Protocol.

ANNEX I

List of ECSC coal and steel products

2601 11 00

2601 12 00

2602 00 00

2619 00 10

2701 11 00

2701 11 90

2701 12 10

2701 12 90

2701 19 00

2701 20 00

2702 10 00

2702 20 00

2704 00 19

2704 00 30

7201 10 11

7201 10 19

7201 10 30

7201 10 90

7201 20 00

7201 30 10

7201 30 90

7201 40 00

7202 11 20

7202 11 80

7202 99 11

7203 10 00

7203 90 00

7204 10 00

7204 21 00

7204 29 00

7204 30 00

7204 41 10

7204 41 91

7204 41 99

7204 49 10

7204 49 30

7204 49 91

7204 49 99

7204 50 10

7204 50 90

7206 10 00

7206 90 00

7207 11 11

7207 11 19

7207 12 11

7207 12 19

7207 19 11

7207 19 15

7207 19 31

7207 20 11

7207 20 15

7207 20 17

7207 20 31

7207 20 33

7207 20 51

7207 20 55

7207 20 57

7207 20 71

7208 11 00

7208 12 10

7208 12 91

7208 12 95

7208 12 98

7208 13 10

7208 13 91

7208 13 95

7208 13 98

7208 14 10

7208 14 91

7208 14 99

7208 21 10

7208 21 90

7208 22 10

7208 22 91

7208 22 95

7208 22 98

7208 23 10

7208 23 91

7208 23 95

7208 23 98

7208 24 10

7208 24 91

7208 24 99

7208 31 00

7208 32 10

7208 32 30

7208 32 51

7208 32 59

7208 32 91

7208 32 99

7208 33 10

7208 33 91

7208 33 99

7208 34 10

7208 34 90

7208 35 10

7208 35 90

7208 41 00

7208 42 10

7208 42 30

7208 42 51

7208 42 59

7208 42 91

7208 42 99

7208 43 10

7208 43 91

7208 43 99

7208 44 10

7208 44 90

7208 45 10

7208 45 90

7208 90 10

7209 11 00

7209 12 10

7209 12 90

7209 13 10

7209 13 90

7209 14 10

7209 14 90

7209 21 00

7209 22 10

7209 22 90

7209 23 10

7209 23 90

7209 24 10

7209 24 91

7209 24 99

7209 31 00

7209 32 10

7209 32 90

7209 33 10

7209 33 90

7209 34 10

7209 34 90

7209 41 00

7209 42 10

7209 42 90

7209 43 10

7209 43 90

7209 44 10

7209 44 90

7209 90 10

7210 11 10

7210 12 11

7210 12 19

7210 20 10

7210 31 10

7210 39 10

7210 41 10

7210 49 10

7210 50 10

7210 60 11

7210 60 19

7210 70 31

7210 70 39

7210 90 31

7210 90 33

7210 90 35

7210 90 39

7211 11 00

7211 12 10

7211 12 90

7211 19 10

7211 19 91

7211 19 99

7211 21 00

7211 22 10

7211 22 90

7211 29 10

7211 29 91

7211 29 99

7211 30 10

7211 41 10

7211 41 91

7211 49 10

7211 90 11

7212 10 10

7212 10 91

7212 21 11

7212 29 11

7212 30 11

7212 40 10

7212 40 91

7212 50 31

7212 50 51

7212 60 11

7212 60 91

7213 10 00

7213 20 00

7213 31 00

7213 39 00

7213 41 00

7213 49 00

7213 50 10

7213 50 90

7214 20 00

7214 30 00

7214 40 10

7214 40 91

7214 40 99

7214 50 10

7214 50 91

7214 50 99

7214 60 00

7215 90 10

7216 10 00

7216 21 00

7216 22 00

7216 31 11

7216 31 19

7216 31 91

7216 31 99

7216 32 11

7216 32 19

7216 32 91

7216 32 99

7216 33 10

7216 33 90

7216 40 10

7216 40 90

7216 50 10

7216 50 90

7216 90 10

7218 10 00

7218 90 11

7218 90 13

7218 90 15

7218 90 19

7218 90 50

7219 11 10

7219 11 90

7219 12 10

7219 12 90

7219 13 10

7219 13 90

7219 14 10

7219 14 90

7219 21 11

7219 21 19

7219 21 90

7219 22 10

7219 22 90

7219 23 10

7219 23 90

7219 24 10

7219 24 90

7219 31 10

7219 31 90

7219 32 10

7219 32 90

7219 33 10

7219 33 90

7219 34 10

7219 34 90

7219 35 10

7219 35 90

7219 90 11

7219 90 19

7220 11 00

7220 12 00

7220 20 10

7220 90 11

7220 90 31

7221 00 10

7221 00 90

7222 10 11

7222 10 19

7222 10 51

7222 10 59

7222 10 99

7222 30 10

7222 40 11

7222 40 19

7222 40 30

7224 10 00

7224 90 01

7224 90 09

7224 90 15

7224 90 30

7225 10 10

7225 10 91

7225 10 99

7225 20 10

7225 20 30

7225 30 00

7225 40 10

7225 40 30

7225 40 50

7225 40 70

7225 40 90

7225 50 10

7225 50 90

7225 90 10

7226 10 10

7226 10 30

7226 20 10

7226 20 31

7226 20 51

7226 20 71

7226 91 10

7226 91 90

7226 92 10

7226 99 11

7226 99 31

7227 10 00

7227 20 00

7227 90 10

7227 90 30

7227 90 80

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 10

7228 30 30

7228 30 80

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

7301 10 00

7302 10 31

7302 10 39

7302 10 90

7302 20 00

7302 40 10

7302 90 10

ANNEX IIa

List of products referred to in Articles 3 (1) and 7

2601 11 00

2601 12 00

2602 00 00

2619 00 10

2701 11 10

2701 11 90

2701 12 10

2701 12 90

2701 19 00

2701 20 00

2702 10 00

2702 20 00

2704 00 19

2704 00 30

7201 10 11

7201 10 19

7201 10 30

7201 10 90

7201 20 00

7201 30 10

7201 30 90

7201 40 00

7202 99 11

7203 10 00

7203 90 00

7204 10 00

7204 21 00

7204 29 00

7204 30 00

7204 41 10

7204 41 91

7204 41 99

7204 49 10

7204 49 30

7204 49 91

7204 49 99

7204 50 10

7204 50 90

7206 10 00

7206 90 00

7210 12 11

7210 12 19

7210 60 11

7210 60 19

7210 90 31

7210 90 33

7210 90 35

7210 90 39

7218 10 00

7218 90 11

7218 90 13

7218 90 15

7218 90 19

7218 90 50

7301 10 00

ANNEX IIb

List of products referred to in Article 3 (2)

7202 11 20

7202 11 80

7207 11 11

7207 11 19

7207 12 11

7207 12 19

7207 19 11

7207 19 15

7207 19 31

7207 20 11

7207 20 15

7207 20 17

7207 20 31

7207 20 33

7207 20 51

7207 20 55

7207 20 57

7207 20 71

7220 11 00

7220 12 00

7220 20 10

7220 90 11

7220 90 31

7222 30 10

7222 40 11

7222 40 19

7222 40 30

7227 10 00

7227 20 10

7227 90 10

7227 90 30

7227 90 80

7228 10 10

7228 10 30

7228 20 11

7228 20 19

7228 20 30

7228 30 10

7228 30 30

7228 30 80

7228 60 10

7228 70 10

7228 70 31

7228 80 10

7228 80 90

ANNEX III

Products and regions referred to as exceptions in Article 8 of the ECSC Protocol

Products:

2601 11 00

2601 12 00

2602 00 00

2619 00 10

2701 11 00

2701 11 90

2701 12 10

2701 12 90

2701 19 00

2701 20 00

2702 10 00

2702 20 00

2704 00 19

2704 00 30

Regions:

All regions of:

- the Federal Republic of Germany

- the Kingdom of Spain.

PROTOCOL 3 on trade between Romania and the Community in processed agricultural products referred to in Article 20 of the Agreement

Article 1

1. The Community shall grant the tariff concessions referred to in Annex A to products originating in Romania. For goods for which a reduction of the agricultural component is provided for, in accordance with Article 3, such reduction shall be applicable within the quantity limits established in Annex B.

2. From 1 January 1996, Romania shall grant tariff concessions determined in accordance with this Protocol for the processed agricultural products referred to in Annex C.

3. The Association Council may:

- add to the list of processed agricultural products referred to in this Protocol,

- increase the quantities of processed agricultural products eligible for the concessions referred to in Annex B.

4. The Association Council may replace the concessions referred to in paragraphs 1 and 2 with a system of compensatory amounts with no quantity limits, established on the basis of the differences found between the prices on the Community and Romanian markets of the agricultural products actually used to produce the processed agricultural products covered by this Protocol. The Association Council shall draw up a list of the products to which the compensatory amounts are applicable and a list of basic products. It shall adopt general implementing rules to that end.

Article 2

For the purposes of the Articles which follow, the definitions given below shall apply:

- goods: the processed agricultural products referred to in this Protocol,

- agricultural components of the levy: the part of the levy corresponding to the quantity of agricultural products incorporated into the processed product and deducted from the levy applicable when such agricultural products are imported unprocessed,

- non-agricultural components of the levy: the part of the levy remaining when the agricultural component is deducted from the total levy,

- basic products: the agricultural products considered as having been used in the production of goods within the meaning of Regulation (EEC) No 3033/80,

- base quantity: the quantity of a basic product calculated in the manner stipulated in Article 6 of Regulation (EEC) No 3033/80 which is used to determine the variable component applicable to goods of a given type, in accordance with the terms of the same Regulation.

Article 3

1. From the date this Agreement enters into force, the Community shall phase out the non-agricultural component of the levy in accordance with the timetable set out in Annex A.

2. The Community shall apply to imports originating in Romania an agricultural component set according to the following criteria:

(a) for the goods for which Annex A stipulates an agricultural component (MOB), the latter shall be identical to that applying in the case of third countries;

(b) for the goods for which Annex A stipulates a reduced agricultural component (MOBR), the latter shall be calculated by reducing the base quantities of the basic products for which a levy reduction is granted by 20 % in 1993, 40 % in 1994 and 60 % from 1995. In the case of other basic products, the corresponding reductions, for the same years, shall be 10, 20 and 30 %.

This reduction of the agricultural component shall be granted only within the limits of the tariff quotas established in Annex B; for quantities in excess of those quotas, the agricultural component applying to all third countries shall be restored.

3. The agricultural component of the levy shall be determined according to the rules applicable to the import of processed agricultural products not covered by Annex II of the Treaty establishing the European Economic Community, taking into account the reductions provided for in paragraph 2 (b).

Article 4

1. Before 1 July 1995, Romania shall determine the agricultural component of the levy on the goods referred to in Annex C on the basis of the import duties applicable in 1995 to the basic agricultural products originating in the Community considered to have been used in the production of these goods. If shall forward that information to the Association Council.

2. From the time at which the Agreement enters into force until 31 December 1995, Romania shall apply to the goods referred to in Annex C the rates of duty in force on 28 February 1993. However, if reform of Romanian agricultural policy causes the agricultural component of the levy defined in Article 2 to increase, Romania shall inform the Association Council accordingly, and the latter may agree to an increase in the rate of duty concerned which corresponds to the size of the agricultural component.

3. Romania shall phase out the levies applicable to the goods referred to in Annex C in accordance with a timetable established by the Association Council. Elimination of the non-agricultural component of the levy must be complete by 1 January 2000 at the latest. Reduction of the agricultural component shall be determined by the Association Council on the basis of the concessions applicable to the basic products.

Article 5

The reduction of the variable components referred to in Article 3 (2) (b) shall apply only from 1 August 1993.

ANNEX A

>TABLE>

ANNEX B

>TABLE>

ANNEX C

Goods referred to in Article 1 (2)

0403 10 51

0403 10 53

0403 10 59

0403 10 91

0403 10 93

0403 10 99

0403 90 71

0403 90 73

0403 90 79

0403 90 91

0403 90 93

0403 90 99

0710 40 00

0711 90 30

1302 31 00

1704 10 11

1704 10 19

1704 10 91

1704 10 99

1704 90 30

1704 90 55

1803 10 00

1803 20 00

1804 00 00

1805 00 00

1806 10 10

1806 10 30

1806 10 90

1806 20 10

1806 20 30

1806 20 50

1806 20 70

1806 20 80

1806 20 95

1901 90 11

1901 90 19

1902 11 10

1902 11 90

1902 19 11

1902 19 19

1902 19 90

1902 20 91

1902 20 99

1902 30 10

1902 30 90

1902 40 10

1902 40 90

1905 30 11

1905 30 19

1905 30 30

1905 30 51

1905 30 59

1905 30 91

1905 30 99

1905 90 40

1905 90 45

1905 90 55

1905 90 60

1905 90 90

2001 90 30

2101 30 11

2101 30 19

2101 30 91

2101 30 99

2102 10 10

2102 10 31

2102 10 39

2102 10 90

2102 20 11

2102 20 19

2102 30 90

2102 30 00

2106 10 10

2106 10 90

PROTOCOL 4 concerning the definition of the concept of originating products and methods of administrative cooperation

TITLE I DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS

Article 1

Origin criteria

For the purpose of implementing the Agreement, and without prejudice to the provisions of Articles 2 and 3 of this Protocol, the following products shall be considered as:

1. products 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 which contain materials not wholly obtained there, provided that the said materials have undergone sufficient working or processing in the Community within the meaning of Article 5 of this Protocol;

2. products originating in Romania:

(a) products wholly obtained in Romania, within the meaning of Article 4 of this Protocol;

(b) products obtained in Romania which contain materials not wholly obtained there, provided that the said materials have undergone sufficient working or processing in Romania within the meaning of Article 5 of this Protocol.

Article 2

Bilateral cumulation

1. Notwithstanding Article 1 (1) (b), materials originating in Romania within the meaning of this Protocol shall be considered as originating in the Community without it being necessary for those materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that described in Article 5 (3) of this Protocol.

2. Notwithstanding Article 1 (2) (b), materials originating in the Community within the meaning of this Protocol shall be considered as originating in Romania without it being necessary for those materials to have undergone sufficient working or processing, provided they have undergone working or processing going beyond that described in Article 5 (3) of this Protocol.

Article 3

Cumulation with materials originating in Bulgaria

1. In as much as trade between the Community and Bulgaria and between Romania and Bulgaria is governed by agreements containing rules identical to those in this Protocol, the terms of paragraphs 2, 3 and 5 shall apply.

2. (a) Notwithstanding Article 1 (1) (b), and without prejudice to the terms of paragraphs 3 and 5, materials originating in Bulgaria within the meaning of Protocol 4 attached to the Agreement between the Community and Bulgaria shall be considered as materials originating in the Community without it being necessary for those materials to have undergone sufficient working or processing, provided they have undergone working or processing in the Community going beyond that described in Article 5 (3) of this Protocol.

(b) Notwithstanding Article 1 (2) (b), and without prejudice to the terms of paragraphs 3 and 5, materials originating in Bulgaria within the meaning of Protocol 4 attached to the Agreement between the Community and Bulgaria shall be considered as materials originating in Romania without it being necessary for those materials to have undergone sufficient working or processing, provided they have undergone working or processing in Romania going beyond that described in Article 5 (3) of this Protocol.

3. Products which have acquired the status of originating products under the terms of paragraph 2 shall continue to be considered as originating in the Community or in Romania, as appropriate, only if the value added to such products exceeds the value of the materials included in the products which originate in Bulgaria.

If this is not the case, the products in question shall be considered as originating in Bulgaria for the purposes of the implementation of this Agreement or of the Agreement between the Community and Bulgaria.

4. '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.

5. For the purposes of applying this Article, rules of origin indentical to those of this Protocol shall be applied in trade conducted between the Community and Bulgaria and between Romania and Bulgaria.

Article 4

Wholly obtained products

1. Within the meaning of Article 1 (1) (a) and (2) (a), the following shall be considered as wholly obtained either in the Community or in Romania:

(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 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;

(i) waste and scrap resulting from manufacturing operations conducted there;

(j) goods produced there exclusively from the products specified in subparagraphs (a) to (i).

2. The term 'their vessels` in paragraph 1 (f) shall apply only to vessels:

- which are registered or recorded in Romania or in a Member State of the Community,

- which sail under the flag of Romania or of a Member State of the Community,

- which are owned to an extent of at least 50 % by nationals of Romania or of Member States of the Community, or by a company with its head office in one of these States or in Romania, 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 Romania or of Member States of the Community and of which, in addition, in the case of partnerships or limited companies at least half the capital belongs to these States, to Romania, to their public bodies or to their nationals,

- of which the master and officers are nationals of Romania or of Member States of the Community,

- of which at least 75 % of the crew are nationals of Romania or of Member States of the Community.

3. The terms 'Romania` and 'the Community` shall also cover the territorial waters which surround Romania and the Member States of the Community.

Sea-going vessels, including factory ships on which the fish caught is worked or processed, shall be considered as part of the territory of the Community or of Romania provided that they satisfy the conditions set out in paragraph 2.

Article 5

Sufficiently processed products

1. For the purposes of Article 1, non-originating materials are considered to be sufficiently worked or processed when the product obtained is classified in a heading which is different from that in which all the non-originating materials used in its manufacture are classified, subject to paragraphs 2 and 3.

The expressions 'chapters` and 'headings` used in this Protocol shall mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (hereinafter referred to as the 'Harmonized System` or HS).

The expression 'classified` shall refer to the classification of a product or material under a particular heading.

2. For a product mentioned in columns 1 and 2 of the list in Annex II, the conditions set out in column 3 for the product concerned must be fulfilled instead of the rule in paragraph 1.

(a) Where in the list in Annex II a percentage rule is applied in determining the originating status of a product obtained in the Community or in Romania, the value added by the working or processing shall correspond to the ex works price of the product obtained, less the value of third-country materials imported into the Community or Romania.

(b) The term 'value` in the list in Annex II shall mean the customs value at the time of the import of the non-originating materials used for, if this is not known and cannot be ascertained, the first ascertainable price paid for these materials in the territory concerned.

Where the value of the originating materials used needs to be established, the provisions of the above subparagraph shall be applied mutatis mutandis.

(c) The term 'ex works price` in the list in Annex II shall mean the price paid for the product obtained to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used in manufacture, minus any internal taxes which are, or may be repaid when the product obtained is exported.

(d) 'Customs value` shall be understood as the value determined in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade, established in Geneva on 12 April 1979.

3. For the purpose of implementing paragraphs 1 and 2 the following shall be considered as insufficient working or processing to confer the status of originating products, whether or not there is a change of heading:

(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 consignments;

(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 mixture do not meet the conditions laid down in this Protocol to enable them to be considered as originating either in the Community or in Romania;

(f) simple assembly of parts of articles to constitute a complete article;

(g) a combination of two or more operations specified in subparagraphs (a) to (f);

(h) slaughter of animals.

Article 6

Natural elements

In order to determine whether a product originates in the Community or in Romania, it shall not be necessary to establish whether the electrical power, fuel, plant and equipment and machines and tools used to obtain such product or whether any materials or products used in the course of production which do not enter and which were not intended to enter into the final composition of the product originate in third countries or not.

Article 7

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 are not separately invoiced are regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 8

Sets

Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component articles are originating products. Nevertheless, when a set is composed of originating and non-originating articles, the set as a whole shall be regarded as originating provided that the value of the non-originating articles does not exceed 15 % of ex works price of the set.

Article 9

Direct transport

1. The preferential treatment provided for under the Agreement applies only to products or materials which are transported between the territories of the Community, Romania or, where the provisions of Article 3 apply, of Bulgaria without entering any other territory. However, goods originating in Romania and constituting one single consignment which is not split up may be transported through territory other than that of the Community, Romania or, where the provisions of Article 3 apply, Bulgaria with, should the occasion arise, transhipment or temporary warehousing in such territory, provided that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing and that they have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

2. Evidence that the conditions referred to in paragraph 1 have been fulfilled shall be supplied to the responsible customs authorities by the production of:

(a) a single transport document issued in the exporting country covering the passage through the country of transit;

(b) or a certificate issued by the customs authorities of the country of transit:

- giving an exact description of the goods,

- stating the dates of unloading and reloading of the goods or of the embarkation or disembarkation, identifying the ships or other means of tranport used, and

- certifying the conditions under which the goods remained in the transit country;

(c) or failing these, any substantiating documents.

Article 10

Territorial requirement

The conditions set out in this Title relative to the acquisition of originating status must be fulfilled without interruption in the Community or in Romania except as provided for in Articles 2 and 3.

If originating products exported from the Community or Romania to another country are returned, except in so far as provided for in Articles 2 and 3, they must be considered as non-originating unless it can be demonstrated to the satisfaction of the customs authorities that:

- the goods returned are the same goods as those exported, and

- they have not undergone any operation beyond that necessary to preserve them in good condition while in that country.

TITLE II PROOF OF ORIGIN

Article 11

Movement certificate EUR.1

Evidence of originating status of products, within the meaning of this Protocol, shall be given by a movement certificate EUR.1, a specimen of which appears in Annex III to this Protocol.

Article 12

Normal procedure for the issue of certificates

1. A movement certificate EUR.1 shall be issued only on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorized representative. Such application shall be made on a form, a specimen of which appears in Annex III to this Protocol, which shall be completed in accordance with this Protocol.

Applications for movement certificates EUR.1 must be preserved for at least two years by the customs authorities of the exporting State.

2. The exporter or his representative shall submit with his request any appropriate supporting document proving that the products to be exported are such as to qualify for the issue of a movement certificate EUR.1

He shall undertake to submit, at the request of the appropriate authorities, any supplementary evidence they may require for the purpose of establishing the correctness of the originating status of the products eligible for preferential treatment and shall undertake to agree to any inspection of his accounts and to any check on the processes of the obtaining of the above products carried out by the said authorities.

Exporters must keep for at least two years the supporting documents referred to in this paragraph.

3. A movement certificate EUR.1 may be issued only where it can serve as the documentary evidence required for the purpose of implementing the agreement.

4. The movement certificate EUR.1 shall be issued by the customs authorities of a Member State of the European Economic Community if the goods to be exported can be considered as products originating in the Community within the meaning of Article 1 (1) of this Protocol. The movement certificate EUR.1 shall be issued by the customs authorities of Romania if the goods to be exported can be considered as products originating in Romania within the meaning of Article 1 (2) of this Protocol.

5. Where the cumulation provisions of Articles 2 and 3 are applied, the customs authorities of the Member States of the Community or of Romania may issue movement certificates EUR.1 under the conditions laid down in this Protocol if the goods to be exported can be considered as products originating in the Community or Romania within the meaning of this Protocol and provided that the goods covered by the movement certificates EUR.1 are in the Community or in Romania.

In these cases, the movement certificates EUR.1 shall be issued subject to the presentation of the proof of origin previously issued or made out. This proof of origin must be kept for at least two years by the customs authorities of the exporting State.

6. Since the movement certificate EUR.1 constitutes the documentary evidence for the application of the preferential tariff arrangements laid down in the Agreement, it shall be the responsibility of the customs authorities of the exporting country to take any steps necessary to verify the origin of the goods and to check the other statements on the certificate.

7. For the purpose of verifying whether the conditions for issuing EUR.1 certificates have been met, the customs authorities shall have the right to call for any documentary evidence or to carry out any check which they consider appropriate.

8. It shall be the responsibility of the customs authorities of the exporting State to ensure that the forms referred to in paragraph 1 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. To this end, the description of the products must be indicated without leaving any blank lines. Where the space is not completely filled a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

9. The date of issue of the movement certificate must be indicated in the part of the certificate reserved for the customs authorities.

10. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting State when the products to which it relates are exported. It shall be made available to the exporter as soon as actual export has been effected or ensured.

Article 13

Long-term certificates EUR.1

1. Notwithstanding the provisions of Article 12 (10), a movement certificate EUR.1 may be issued by the customs authorities of the exporting State when only part of the products to which it relates are exported, in the case of a certificate covering a series of exportations of the same products from the same exporter to the same importer, over a maximum period of one year from the date of issue, hereinafter referred to as an 'LT certificate`.

2. LT certificates shall be issued, in accordance with the provisions of Article 12, at the discretion of the customs authorities of the exporting State and according to their own judgment of the need for this procedure, only where the originating status of the goods to be exported is expected to remain unchanged for the period of validity of the LT certificate. If any goods are no longer covered by the LT certificate, the exporter shall immediately inform the customs authorities who issued the certificate.

3. Where the LT certificate procedure applies, the customs authorities of the exporting State may prescribe the use of EUR.1 certificates bearing a distinctive sign by which they may be identified.

4. Box 11 'Customs endorsement` of the EUR.1 certificate must be endorsed as usual by the customs authorities of the exporting State.

5. One of the following phrases shall be entered in box 7 of the EUR.1 certificate:

'CERTIFICADO LT VÁLIDO HASTA EL . . .`

'LT-CERTIFIKAT GYLDIGT INDTIL . . .`

'LT-CERTIFICATE GÜLTIG BIS . . .`

'ÐÉÓÔÏÐÏÉÇÔÉÊÏ LT ÉÓ×ÕÏÍ ÌÅ×ÑÉ . . .`

'LT-CERTIFICATE VALID UNTIL . . .`

'CERTIFICAT LT VALABLE JUSQU'AU . . .`

'CERTIFICATO LT VALIDO FINO AL . . .`

'LT-CERTIFICAAT GELDIG TOT EN MET . . .`

'LT-CERTIFICADO VALIDO ATÉ . . .`

'CERTIFICAT LT VALABIL PÎNA LA . . .`

(date indicated in Arabic numerals).

6. Reference is not required in box 8 and box 9 of the LT certificate to the marks and numbers and number and kind of packages and the gross weight (kg) or other measures (litres, m³, etc.). Box 8 must, however, contain a description and designation of the goods which is sufficiently precise to allow for their identification.

7. Notwithstanding Article 18, the LT certificate must be submitted to the customs office of import at or before the first importation of any goods to which it relates. When the importer carries out the customs clearance at several customs offices in the State of importation, the customs authorities may require him to produce a copy of the LT certificate to all of those offices.

8. Where an LT certificate has been submitted to the customs authorities, the evidence of the originating status of the imported goods shall, during the validity of the LT certificate, be given by invoices which satisfy the following conditions:

(a) when an invoice includes both goods originating in the Community or Romania and non-originating goods, the exporter shall distinguish clearly between these two categories;

(b) the exporter shall state on each invoice the number of the LT certificate which covers the goods and the date of expiry of the certificate and the names of the country or countries in which the goods originate.

The statement on the invoice made by the exporter of the number of the LT certificate with the indication of the country of origin shall constitute a declaration that the goods fulfil the conditions laid down in this Protocol for the acquisition of preferential origin status in trade between the Community and Romania.

The customs authorities of the exporting State may require that the entries which, under the above provisions, must appear on the invoice, be supported by the manuscript signature followed by the name of the signatory in clear script;

(c) the description and the designation of the goods on the invoice shall be in sufficient detail to show clearly that the goods are also listed on the LT certificate to which the invoice refers;

(d) the invoices can be made out only for the goods exported during the period of validity of the relevant LT certificate. They may however be produced at the customs office of importation within four months of their being made out by the exporter.

9. In the framework of the LT certificate procedure, invoices which satisfy the conditions of this Article may be made out and/or transmitted using telecommunications or electronic data-processing methods. Such invoices shall be accepted by the customs of the importing State as evidence of the originating status of the goods imported in accordance with the procedures laid down by the customs authorities there.

10. Should the customs authorities of the exporting State identify that a certificate and/or invoice issued under the provisions of this Article is invalid in relation to any goods supplied, they shall immediately notify the customs authorities of the importing State of the facts.

11. The provisions of this Article shall not prejudice application of the rules of the Community, the Member States and Romania on customs formalities and the use of customs documents.

Article 14

Issue of EUR.1 retrospectively

1. In exceptional circumstances a movement certificate EUR.1 may also be issued after export of the products to which it relates if it was not issued at the time of export because of errors or involuntary omissions or special circumstances.

2. For the implementation of paragraph 1, the exporter must in the written application:

- indicate the place and date of export of the products to which the certificate relates,

- certify that no movement certificate EUR.1 was issued at the time of export of the products in question, and state the reasons.

3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

Certificates issued retrospectively must be endorsed with one of the following phrases:

'EXPEDIDO A POSTERIORI`, 'UDSTEDT EFTERFØLGENDE`, 'NACHTRÄGLICH AUSGESTELLT`, 'ÅÊÄÏÈÅÍ ÅÊ ÔÙÍ ÕÓÔÅÑÙÍ`, 'ISSUED RETROSPECTIVELY`, 'DÉLIVRÉ A POSTERIORI`, 'RILASCIATO A POSTERIORI`, 'AFGEGEVEN A POSTERIORI`, 'EMITADO A POSTERIORI`, 'EMIS A POSTERIORI`.

4. The endorsement referred to in paragraph 3 shall be inserted in the 'Remarks` box on the movement certificate EUR.1.

Article 15

Issue of a duplicate EUR.1

1. In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply in writing 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:

'DUPLICADO`, 'DUPLIKAT`, 'DUPLIKAT`, 'ÁÍÔÉÃÑÁÖÏ`, 'DUPLICATE`, 'DUPLICATA`, 'DUPLICATO`, 'DUPLICAAT`, 'SEGUNDA VIA`, 'DUPLICAT`.

3. The endorsement referred to in paragraph 2 shall be inserted in the 'Remarks` box on the movement certificate EUR.1.

4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 16

Simplified procedure for the issue of certificates

1. By way of derogation from Articles 12, 14 and 15 of this Protocol, a simplified procedure for the issue of EUR.1 movement certificates can be used in accordance with the following provisions.

2. The customs authorities in the exporting State may authorize any exporter, hereinafter referred to as 'approved exporter`, making frequent shipments for which EUR.1 movement certificates may be issued and who offers, to the satisfaction of the competent authorities, all guarantees necessary to verify the originating status of the products, not to submit to the customs office of the exporting State at the time of export either the goods or the application for an EUR.1 certificate relating to those goods, for the purpose of obtaining an EUR.1 certificate under the conditions laid down in Article 12 of this Protocol.

3. The authorization referred to in paragraph 2 shall stipulate, at the choice of the competent authorities, that box 11 'Customs endorsement` of the EUR.1 movement certificate must:

(a) either be endorsed beforehand with the stamp of the competent customs office of the exporting State and the signature, which may be a facsimile, of an official of that office; or

(b) be endorsed by the approved exporter with a special stamp which has been approved by the customs authorities of the exporting State and corresponds to the specimen given in Annex V to this Protocol. Such stamp may be pre-printed on the forms.

4. In the cases referred to in paragraph 3 (a), one of the following phrases shall be entered in box 7 'Remarks` of the EUR.1 movement certificate:

'PROCEDIMIENTO SIMPLIFICADO`, 'FORENKLET PROCEDURE`, 'VEREINFACHTES VERFAHREN`, 'ÁÐËÏÕÓÔÅÕÌÅÍÇ ÄÉÁÄÉÊÁÓÉÁ`, 'SIMPLIFIED PROCEDURE`, 'PROCÉDURE SIMPLIFIÉE`, 'PROCEDURA SEMPLIFICATA`, 'VEREENVOUDIGDE PROCEDURE`, 'PROCEDIMENTO SIMPLIFICADO`, 'PROCEDURA SIMPLIFICATA`.

5. Box 11 'Customs endorsement` of the EUR.1 certificate shall be completed if necessary by the approved exporter.

6. The approved exporter shall, if necessary, indicate in box 13 'Request for verification` of the EUR.1 certificate the name and address of the authority competent to verify such certificate.

7. Where the simplified procedure is applied, the customs authorities of the exporting State may prescribe the use of EUR.1 certificates bearing a distinctive sign by which they may be identified.

8. In the authorization referred to in paragraph 2 the competent authorities shall specify in particular:

(a) the conditions under which the applications for EUR.1 certificates are to be made;

(b) the conditions under which these applications are to be kept for at least two years;

(c) in the cases referred to in paragraph 3 (b) the authority competent to carry out the subsequent verification referred to in Article 28 of this Protocol.

9. The customs authorities of the exporting State may declare certain categories of goods ineligible for the special treatment provided for in paragraph 2.

10. The customs authorities shall refuse the authorization referred to in paragraph 2 to exporters who do not offer all the guarantees which they consider necessary. The competent authorities may withdraw the authorization at any time. They must do so where the approved exporter no longer satisfies the conditions or no longer offers these guarantees.

11. The approved exporter may be required to inform the competent authorities, in accordance with the rules which they lay down, of the goods to be dispatched by him, so that such authorities may make any verification they think necessary before the departure of the goods.

12. The customs authorities of the exporting State may carry out any check on approved exporters which they consider necessary. Such exporters must allow this to be done.

13. The provisions of this Article shall be without prejudice to the application of the rules of the Community, the Member States and Romania concerning customs formalities and the use of customs documents.

Article 17

Replacement of certificates

1. It shall at any time be possible to replace one or more movement certificates EUR.1 by one or more other certificates provided that this is done by the customs office or other competent authorities responsible for controlling the goods.

2. When products which originate in the Community, in Romania or, where the provisions of Article 3 apply, in Bulgaria and are imported into a free zone under cover of an EUR.1 certificate undergo treatment or processing, the authorities concerned must 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.

3. The replacement certificate shall be regarded as a definite movement certificate EUR.1 for the purposes of the application of this Protocol, including the provisions of this Article.

4. The replacement certificate shall be issued on the basis of a written request from the re-exporter, after the authorities concerned have verified the information supplied in the applicant's request. The date and serial number of the original movement certificate EUR.1 shall be given in box 7.

Article 18

Validity of certificates

1. A movement certificate EUR.1 must be submitted, within four months of the date of issue by the customs authorities of the exporting State, to the customs office of the importing State where the products are entered.

2. Movement certificates EUR.1 which are submitted to the customs authorities of the importing State after the final date of presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificates by the final date set is due to reasons of force majeure or exceptional circumstances.

3. In other cases of belated presentation, the customs authorities of the importing State may accept the certificates where the products have been submitted to them before the said final date.

Article 19

Exhibitions

1. Products sent from the Community or Romania for exhibition in a country other than Romania or a Member State of the Community and sold after the exhibition for importation into Romania or the Community shall benefit on importation from the provisions of the Agreement on condition that the products meet the requirements of this Protocol entitling them to be recognized as originating in the Community or in Romania and provided that it is shown to the satisfaction of the customs authorities that:

(a) an exporter has consigned these products from the Community or Romania 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 someone in the Community or Romania;

(c) the products have been consigned during the exhibition or immediately thereafter to the Community or Romania in the state in which they were sent for exhibition;

(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

2. A movement certificate EUR.1 must be produced to the customs authorities in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the products and 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.

Article 20

Submission of certificates

Movement certificates EUR.1 shall be submitted to the customs authorities in the importing State in accordance with the procedures laid down by that State. The said authorities may require a translation of a certificate. They 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 21

Importation by instalments

Without prejudice to Article 5 (3) of this Protocol, where, at the request of the person declaring the goods at the customs, a dismantled or non-assembled article falling within Chapter 84 or 85 of the Harmonized System is imported by instalments on the conditions laid down by the competent authorities, it shall be considered to be a single article and a movement certificate may be submitted for the whole article upon import of the first instalment.

Article 22

Preservation of certificates

Movement certificates EUR.1 shall be preserved by the customs authorities of the importing State in accordance with the rules in force in that State.

Article 23

Form EUR.2

1. Notwithstanding Article 11, the evidence of originating status, within the meaning of this Protocol, for consignments containing only originating products and whose value does not exceed ECU 5 110 per consignment, may be provided by a form EUR.2, a specimen of which appears in Annex IV to this Protocol.

2. The form EUR.2 shall be completed and signed by the exporter or, under the exporter's responsibility, by his authorized representative in accordance with this Protocol.

3. A form EUR.2 shall be completed for each consignment.

4. The exporter who applied for the form EUR.2 shall submit at the request of the customs authorities of the exporting State all supporting documents concerning the use of this form.

5. Articles 18, 20 and 22 shall apply mutatis mutandis to forms EUR.2.

Article 24

Discrepancies

The discovery of slight discrepancies between the statements made in the movement certificate EUR.1 or in the form EUR.2 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 document null and void if it is duly established that it corresponds to the products submitted.

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 production of a movement certificate EUR.1 or the completion of form EUR.2, provided that such products are not imported by way of trade and have been declared as meeting the conditions required for the application of the Agreement, and where there is no doubt as to the veracity of such declaration.

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.

Furthermore, the total value of these products must not exceed ECU 365 in the case of small packages or ECU 1 025 in the case of the contents of travellers' personal luggage.

Article 26

Amounts expressed in ecus

1. Amounts in the national currency of the exporting State equivalent to the amounts expressed in ecus shall be fixed by the exporting State and communicated to the other Parties to this Agreement. When the amounts are more than the corresponding amounts fixed by the importing State, the latter shall accept them if the goods are invoiced in the currency of the exporting State.

If the goods are invoiced in the currency of another State and that State is a Member State of the Community, Romania or, where the provisions of Article 3 apply, Bulgaria, the importing State shall recognize the amount notified by the country concerned.

2. Up to and including 30 April 1993, the ecu to be used in any given national currency shall be the equivalent in that national currency of the ecu as at 3 October 1990. For each successive period of two years, it shall be the equivalent in that national currency of the ecu as at the first working day in October in the year immediately preceding that two-year period.

TITLE III ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Article 27

Communication of stamps and addresses

The customs authorities of the Member States and of Romania 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 certificates and with the addresses of the customs authorities responsible for issuing movement certificates EUR.1 and for verifying those certificates and forms EUR.2.

Article 28

Verification of movement certificates EUR.1 and of forms EUR.2

1. Subsequent verification of movement certificates EUR.1 and of forms EUR.2 shall be carried out at random or whenever the customs authorities of the importing State have reasonable doubts as to the authenticity of the document or the accuracy of the information regarding the true origin of the products in question.

2. For the purpose of the subsequent verification of movement certificates EUR.1, the customs authorities of the exporting State must keep copies of the certificates, as well as any export documents referring to them, for at least two years.

3. In order to ensure the proper application of this Protocol, Romania and the Member States of the Community shall assist each other, through their respective customs administrations, in checking the authenticity of movement certificates EUR.1, including those issued pursuant to Article 12 (5), and the forms EUR.2 and the accuracy of the information concerning the actual origin of the products concerned.

4. For the purpose of implementing paragraph 1, the customs authorities of the importing State shall return the movement certificate EUR.1 or form EUR.2, or a photocopy thereof, to the customs authorities of the exporting State, giving, where appropriate, the reasons of form or substance for an enquiry. The relevant commercial documents, or a copy thereof, shall be attached to the certificate EUR.1 or form EUR.2 and the customs authorities shall forward any information that has been obtained suggesting that the particulars given on the said certificate or the said form are inaccurate.

5. If the customs authorities of the importing State decide to suspend execution of the provisions of the Agreement while awaiting the results of the verification, they shall offer to release the products to the importer subject to any precautionary measures judged necessary.

6. The customs authorities of the importing State shall be informed of the results of the verification as soon as possible. These results must be such as to make it possible to determine whether the disputed movement certificate EUR.1 or form EUR.2 apply to the products in question and whether those products can, in fact, qualify for the application of the preferential arrangements.

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 authorities shall refuse, except in the case of force majeure or exceptional circumstances, any benefit from the preferential treatment laid down in the Agreement.

7. Disputes which cannot be settled between the customs authorities of the importing State and those of the exporting State, or which raise a question as to the interpretation of this Protocol, shall be submitted to the Customs Cooperation Committee.

8. In all cases the settlement of disputes between the importer and the customs authorities of the importing State shall be under the legislation of the said State.

9. Where the verification procedure or any other available information appears to indicate that the provisions of this Protocol are being contravened, the Community or Romania shall on its own initiative or at the request of the other Party carry out appropriate enquiries or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions, and for this purpose the Community or Romania may invite the participation of the other Party in these enquiries.

10. Where the verification procedure or any other available information appears to indicate that the provisions of this Protocol are being contravened, the products would be accepted as originating products under this Protocol only after completion of such aspects of administrative cooperation set down in this Protocol which may have been activated, including in particular the verification procedure.

Likewise, products would be refused treatment as originating products under this Protocol only after the completion of the verification procedure.

Article 29

Penalties

Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect particulars for the purpose of obtaining preferential treatment for products.

Article 30

Free zones

The Member States and Romania shall take all necessary steps to ensure that products traded under cover of a movement certificate EUR.1, which in the course of transport use a free zone situated in their territory, are not substituted by other goods and that they do not undergo handling other than normal operations designed to prevent their deterioration.

TITLE IV CEUTA AND MELILLA

Article 31

Application of the Protocol

1. The term 'Community` used in this Protocol does not cover Ceuta or Melilla. The term 'products originating in the Community` does not cover products originating in these zones.

2. This Protocol shall apply mutatis mutandis to products originating in Ceuta and Melilla, subject to particular conditions set out in Article 32.

Article 32

Special conditions

1. The following provisions shall apply instead of Article 1 and references to that Article shall apply mutatis mutandis to this Article.

2. Providing they have been transported directly in accordance with the provisions of Article 9, 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 which contain materials not wholly obtained there, provided that:

(i) the said materials have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that

(ii) those materials originate in Romania or the Community within the meaning of this Protocol, provided that they have undergone working or processing which goes beyond the working or processing referred to in Article 5 (3) of this Protocol;

2. products originating in Romania:

(a) products wholly obtained in Romania;

(b) products obtained in Romania which contain materials not wholly obtained there, provided that:

(i) the said materials have undergone sufficient working or processing within the meaning of Article 5 of this Protocol; or that

(ii) those materials originate in Ceuta and Melilla or the Community within the meaning of this Protocol, provided that they have undergone working or processing which goes beyond the working or processing referred to in Article 5 (3) of this Protocol.

3. Ceuta and Melilla shall be considered as a single territory.

4. The exporter or his authorized representative shall enter 'Romania` and 'Ceuta and Melilla` in box 2 of movement certificates EUR.1. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in box 4 of movement certificates EUR.1.

5. The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.

TITLE V FINAL PROVISIONS

Article 33

Amendments to the Protocol

The Association Council shall examine at two-yearly intervals, or whenever Romania or the Community so request, the application of the provisions of this Protocol, with a view to making any necessary amendments or adaptations.

Such examination shall take into account in particular the participation of the Contracting Parties in free trade zones or customs unions with third countries.

Article 34

Customs Cooperation Committee

1. A Customs Cooperation Committee shall be set up, charged with carrying out administrative cooperation with a view to the correct and uniform application of this Protocol and with carrying out any other task in the customs field which may be entrusted to it.

2. The Committee shall be composed, on the one hand, of experts of the Member States and of officials of the departments of the Commission of the European Communities who are responsible for customs questions and, on the other hand, of experts nominated by Romania.

Article 35

Petroleum products

The products set out in Annex VI shall be temporarily excluded from the scope of this Protocol. Nevertheless, the arrangements regarding administrative cooperation shall apply, mutatis mutandis, to these products.

Article 36

Annexes

The Annexes to this Protocol shall form an integral part thereof.

Article 37

Implementation of the Protocol

The Community and Romania shall each take the steps necessary to implement this Protocol.

Article 38

Goods in transit or storage

The provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of the Agreement are either in transit or are in the Community, in Romania or, to the extent that the provisions of Article 3 apply, in Bulgaria in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing State, within four months of that date, or a certificate EUR.1 endorsed retrospectively by the competent authorities of the exporting State together with the documents showing that the goods have been transported directly.

LIST OF ANNEXES

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ANNEX I

NOTES

Foreword

These notes shall apply, where appropriate, to all manufactured products using non-originating materials, even if they are not subject to specific conditions contained in the list in Annex II but are subject instead to the change of heading rule set out in Article 5 (1).

Note 1

1.1. 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 column 3 or 4. Where, in some cases, the entry in the first column is preceded by an 'ex`, this signifies that the rule in column 3 or 4 applies only to the part of that heading or chapter as described in column 2.

1.2. 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 rule in column 3 or 4 applies 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.

1.3. 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 rule in column 3 or 4.

Note 2

2.1. The term 'manufacture` covers any kind of working or processing including 'assembly` or specific operations. However, see Note 3.5 below.

2.2. The term 'material` covers any ingredient, raw material, component or part, etc., used in the manufacture of the product.

2.3. The term 'product` refers to the product being manufactured, even if it is intended for later use in another manufacturing operation.

2.4. The term 'goods` covers both materials and products.

Note 3

3.1. In the case of any heading not in the list or any part of a heading that is not in the list, the 'change of heading` rule set out in Article 5 (1) applies. If a 'change of heading` condition applies to any entry in the list, then it is contained in the rule in column 3.

3.2. The working or processing required by a rule in column 3 has to be carried out only in relation to the non-originating materials used. The restrictions contained in a rule in column 3 likewise apply only to the non-originating materials used.

3.3. 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. If a product made from non-originating materials which has acquired originating status during manufacture by virtue of the change of heading rule or its own list rule is used as a material in the process of manufacture of another product, then the rules applicable to the product in which it is incorporated does not apply to it.

For 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 7224.

If this forging has been forged in the country concerned from a non-originating ingot then the forging has already acquired origin by virtue of the rule for heading No ex 7224 in the list. It can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or another. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

3.5. Even if the change of heading rule or the other rules contained in the list are satisfied, a product shall not acquire originating status if the processing carried out, taken as a whole, is insufficient within the meaning of Article 5 (3).

3.6. The unit of qualification for the application of the origin rules shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System. In the case of sets of products which are classified by virtue of General Rule 3 for the interpretation of the Harmonized System, the unit of qualification shall be determined in respect of each item in the set: this provision is equally applicable to sets of heading Nos 6308, 8206 and 9605.

Accordingly, it follows that:

- 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,

- 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 origin rules,

- where, under General Rule 5 of the Harmonized System, packing is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Note 4

4.1. 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 origin. Thus if a rule says 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.

4.2. 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.

For example:

The rule for fabrics says 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; one can use one or the other or both.

If, however, a restriction applies to one material and other restrictions apply to other materials in the same rule, then the restrictions only apply to the materials actually used.

For example:

The rule for sewing machines specifies that both the thread tension mechanism used and the zigzag mechanism used must originate; these two restrictions only apply if the mechanisms concerned are actually incorporated into the sewing machine.

4.3. When 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.

For example:

The rule for heading No 1904 which specifically excludes the use of cereals or their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not produced from cereals.

For example:

In the case of an article 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.

See also Note 7.3 in relation to textiles.

4.4. If in a rule in the list two or more percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. 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 5

5.1. The term 'natural fibres` is used in the list to refer to fibres other than artificial or synthetic fibres and is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, the term 'natural fibres` includes fibres that have been carded, combed or otherwise processed but not spun.

5.2. 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 other vegetable fibres of heading Nos 5301 to 5305.

5.3. 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.

5.4. The term 'man-made staple fibres` is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings Nos 5501 to 5507.

Note 6

6.1. In the case of the products classified within those headings in the list to which a reference is made to this Note, the conditions set out in column 3 of the list shall not be applied to any basic textile materials used in their manufacture which, taken together, represent 10 % or less of the total weight of all the basic textile materials used (but see also Notes 6.3 and 6.4).

6.2. However, this tolerance 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,

- artificial man-made staple fibres.

For 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.

For 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 up to a weight of 10 % of the fabric.

For 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.

For 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.

For 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 taken together does not exceed 10 % of the weight of the textile materials in 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.

6.3. In the case of fabrics incorporating 'yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped` this tolerance is 20 % in respect of this yarn.

6.4. In the case of fabrics 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 films of plastic film, this tolerance is 30 % in respect of this strip.

Note 7

7.1. 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 products 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.

7.2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 4.3.

7.3. In accordance with Note 4.3, any non-originating non-textile trimmings and accessories or other product, which do not contain any textiles, may, anyway, be used freely where they cannot be made from the materials listed in column 3.

For example:

If a rule in the list says that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.

7.4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.

ANNEX II

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ANNEX III

MOVEMENT CERTIFICATES EUR.1

1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink and in capital letters.

2. Each certificate 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.

3. The competent authorities of the Member States of the Community and of Romania may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each certificate must include a reference to such approval. Each certificate 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.

MOVEMENT CERTIFICATE

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ANNEX IV

FORM EUR.2

1. Form EUR.2 shall be made out on the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Forms shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink and in capital letters.

2. Each form EUR.2 shall measure 210 × 148 mm; a maximum 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 64 g/m².

3. The competent authorities of the Member States of the Community and of Romania 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 V

Specimen impression of the stamp mentioned in Article 16 (3) (b)

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ANNEX VI

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PROTOCOL 5 on specific provisions concerning trade between Romania and Spain and Portugal

CHAPTER I Specific provisions relating to trade between Spain and Romania

Article 1

The provisions of the Agreement relating to trade in Title III shall be amended as follows in order to take account of the measures and undertakings listed in the Act of Accession of the Kingdom of Spain to the European Communities (hereinafter called 'the Act of Accession`) .

Article 2

Under the Act of Accession, Spain shall not grant to products originating in Romania more favourable treatment than it provides for imports originating or in free circulation in other Member States.

Article 3

1. Duties applied by the Kingdom of Spain to agricultural products as defined in Article 19 of the Agreement originating in Romania and listed in Annexes XIb and XIIb of the Agreement shall be progressively aligned with those applied by the Community of Ten in accordance with the procedure and timetables set out in Articles 75 (2) and (3) of the Act of Accession.

2. Levies applied by the Kingdom of Spain to agricultural products reffered to in Article 21 (2) of the Agreement originating in Romania and listed in Annexes XIa and XIIa, and to the agricultural component of products referred to in Protocol 3 originating in Romania, will be the levies applied each year by the Community of Ten adjusted by the accession compensatory amounts as set out in the Act of Accession.

Article 4

The implementation by Spain of the undertakings covered by Article 10 (4) of the Agreement shall take place at the time set for the remaining Member States always provided that Romania has beeen removed from the scope of Regulations (EEC) No 1765/82 and (EEC) No 3420/83 on import arrangements for products originating in State-trading countries.

Article 5

Quantitative restrictions may be applied to imports into Spain of products originating in Romania until 31 December 1995 in respect of the products listed in Annex A.

Article 6

Application of the provisions of this Protocol shall be without prejudice to Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands or Council Decision 91/314/EEC of 26 June 1991 setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican).

CHAPTER II Specific provisions relating to trade between Portugal and Romania

Article 7

The provisions of the Agreement relating to trade in Title III shall be amended as follows in order to take account of the measures and undertakings listed in the Act of Accession of the Portuguese Republic to the European Communities (hereinafter called 'the Act of Accession`).

Article 8

Under the Act of Accession Portugal shall not grant Romania more favourable treatment than is provided for imports originating in other Member States.

Article 9

1. The duties applicable by the Portuguese Republic to industrial products originating in Romania and referred to in Article 10 of the Agreement and in Protocols 1 and 2 and to the non-agricultural components of products included in Protocol 3 shall be phased out according to the procedure and timetables set forth in this Article.

2. Tariff dismantling shall take as its basic starting point the duties actually applied by the Portuguese Republic in its trade with the Community of Ten on 1 January 1985; from the entry into force of the Agreement, duties shall be aligned on those applied by the Community of Ten.

However, for products referred to in Annex XXXI of the Act of Accession tariff dismantling shall be carried out according to the same timetable and start from the duties actually applied by the Portuguese Republic in its trade with third countries on 1 January 1985.

Article 10

1. The duties applied by the Portuguese Republic to agricultural products as defined in Article 19 of the Agreement originating in Romania and listed in Annexes XIb and XIIb of the Agreement shall be progressively aligned with those applied by the Community of Ten in accordance with the procedure and timetables set out below in this Article.

2. For agricultural products other than those referred to in paragraph 3 of this Article the Portuguese Republic shall reduce its tariffs from those actually applied by it in its trade with third countries on 1 January 1985. Each year the difference between those and those applied by the Community of Ten shall be reduced in accordance with the following timetable:

- from entry into force of the Agreement, the difference shall be reduced to 27,2 % of the original difference;

- on 1 January 1994, the difference shall be reduced to 18,1 % of the original difference;

- on 1 January 1995, the difference shall be reduced to 9 % of the original difference;

- from 1 January 1996, the Portuguese Republic shall apply the same duties as the Community of Ten.

3. The Portuguese Republic shall apply a duty to the agricultural products referred to in Regulations (EEC) No 136/66, (EEC) No 804/68, (EEC) No 805/68, (EEC) No 1035/72, (EEC) No 2727/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1418/76 and (EEC) No 822/87, which reduces the difference between the duty actually applied on 31 December 1990 and the preferential duty in accordance with the following timetable:

- from the entry into force of the Agreement, the difference shall be reduced to 49,9 % of the initial difference,

- on 1 January 1994, the difference shall be reduced to 33,2 % of the initial difference,

- on 1 January 1995, the difference shall be reduced to 16,5 % of the initial difference.

Portugal shall apply preferential rates in full from 1 January 1996.

Article 11

The implementation by Portugal of the undertakings covered by Article 10 (4) of the European Agreement shall take place at the time set for the remaining Member States always provided that Romania has been removed from the scope of Regulations (EEC) No 1765/82 and (EEC) No 3420/83 on import arrangements for products originating in State-trading countries.

Article 12

Quantitative restrictions may be applied to imports into Portugal of products originating in Romania until 31 December 1995 in respect of the products listed in Annex B.

ANNEX A

>TABLE>

ANNEX B

0103 10 00

0103 91 10

0103 92 11

0103 92 19

0701 10 00

0701 90 10

0701 90 51

0701 90 59

0803 00 10

0803 00 90

0804 30 00

2204 21 10

2204 21 21

2204 21 23

2204 21 25

2204 21 29

2204 21 31

2204 21 33

2204 21 35

2204 29 10

2204 29 21

2204 29 23

2204 29 25

2204 29 29

2204 29 31

2204 29 33

2204 29 35

2204 29 39

PROTOCOL 6 on mutual assistance in customs matters

Article 1

Definitions

For the purposes of this Protocol:

(a) customs legislation: shall mean provisions applicable in the territories of the Contracting Parties governing the import, export, transit of goods and their placing under any other customs procedure, including measures of prohibition, restriction and control adopted by the said Parties;

(b) customs duties: shall mean all duties, taxes, fees or/and other charges which are levied and collected in the territories of the Contracting Parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered;

(c) applicant authority: shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters;

(d) requested authority: shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which receives a request for assistance in customs matters;

(e) contravention: shall mean any violation of the customs legislation as well as any attempted violation of such legislation.

Article 2

Scope

1. The Contracting Parties shall assist each other, in the manner and under the conditions laid down in this Protocol, in ensuring that customs legislation is correctly applied, in particular by the prevention, detection and investigation of contraventions of this legislation.

2. Assistance in customs matters, as provided for in this Protocol, applies to any administrative authority of the Contracting Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of the judicial authority, unless those authorities so agree.

Article 3

Assistance on request

1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information to enable it to ensure that customs legislation is correctly applied, including information regarding operations noted or planned which contravene or would contravene such legislation.

2. At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.

3. At the request of the applicant authority, the requested authority shall take the necessary steps to ensure that a surveillance is kept on:

(a) natural or legal persons of whom there are reasonable grounds for believing that they are contravening or have contravened customs legislation;

(b) movement of goods notified as possibly giving rise to substantial contraventions of customs legislation;

(c) means of transport for which there are reasonable grounds for believing that they have been, are or may be used in the contravening of customs legislation.

Article 4

Spontaneous assistance

The Contracting Parties shall within their competences provide each other with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:

- operations which have contravened, contravene or would contravene such legislation and which may be of interest to other Contracting Parties,

- new means or methods employed in realizing such operations,

- goods known to be subject to substantial contravention of customs legislation on import, export, transit or any other customs procedure.

Article 5

Delivery/Notification

At the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures in order:

- to deliver all documents,

- to notify all decisions,

falling within the scope of this Protocol to an addressee, residing or established in its territory. In such a case Article 6 (3) is applicable.

Article 6

Form and substance of requests for assistance

1. Requests pursuant to the present Protocol shall be made in writing. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.

2. Requests pursuant to paragraph 1 of this Article shall include the following information:

(a) the applicant authority making the request;

(b) the measure requested;

(c) the object of and the reason for the request;

(d) the laws, rules, and other legal elements involved;

(e) indications as exact and comprehensive as possible on the natural or legal persons being the target of the investigations;

(f) a summary of the relevant facts, except in cases provided for in Article 5.

3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.

4. If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, take place.

Article 7

Execution of requests

1. In order to comply with a request for assistance, the requested authority or, when the latter cannot act on its own, the administrative department to which the request has been addressed by this authority, shall proceed, within its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.

2. Requests for assistance will be executed in accordance with the laws, rules, and other legal instruments of the requested Contracting Party.

3. Duly authorized officials of a Contracting Party may, with the agreement of the other Contracting Party involved and within the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to the contravention of customs legislation which the applicant authority needs for the purposes of this Protocol.

4. Officials of a Contracting Party may, with the agreement of the other Contracting Party, be present at enquiries carried out in the latter's territory.

Article 8

Form in which information is to be communicated

1. The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.

2. The documents provided for in paragraph 1 may be replaced by computerized information produced in any form for the same purpose.

Article 9

Exceptions to the obligation to provide assistance

1. The Contracting Parties may refuse to give assistance as provided for in this Protocol, where to do so would:

(a) be likely to prejudice sovereignty, public policy (l'ordre public), security or other essential interests; or

(b) involve currency or tax regulations other than regulations concerning customs duties; or

(c) violate an industrial, commercial or professional secret.

2. Where the applicant authority asks for assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be left to the requested authority to decide how to respond to such a request.

3. If assistance is withheld or denied, the decision and the reasons therefor must be notified to the applicant authority without delay.

Article 10

Obligation to observe confidentiality

1. Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended under the relevant laws applicable in the Contracting Party which received it and the corresponding provisions applying to the Community authorities.

2. Nominative data shall not be transmitted whenever there are reasonable grounds to believe that the transfer or the use made of the data transmitted would be contrary to the basic legal principles of one of the Parties, and, in particular, if the person concerned would suffer undue disadvantages. Upon request, the receiving Party shall inform the furnishing Party of the use made of the information supplied and of the results achieved.

3. Nominative data may only be transmitted to customs authorities and, in the case of need for prosecution purposes, to public prosecution and judicial authorities. Other persons or authorities may obtain such information only upon previous authorization by the furnishing authority.

4. The furnishing Party shall verify the accuracy of the information to be transferred. Whenever it appears that the information supplied was inaccurate or to be deleted, the receiving Party shall be notified without delay. The latter shall be obliged to carry out the correction or deletion.

5. Without prejudice to cases of prevailing public interest, the person concerned may obtain, upon request, information on the data stores and the purpose of this storage.

Article 11

Use of information

1. Information obtained shall be used solely for the purposes of this Protocol and may be used within each Contracting Party for other purposes only with the prior written consent of the administrative authority which furnished the information and shall be subject to any restrictions laid down by that authority. These provisions are not applicable to information concerning offences relating to narcotic drugs and psychotropic substances. Such information may be communicated to other authorities directly involved in the combating of illicit drug traffic, within the limits of Article 2.

2. Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation.

3. The Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.

Article 12

Experts and witnesses

An official of a requested authority may be authorized to appear, within the limitations of the authorization granted, as expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of another Contracting Party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matter and by virtue of what title or qualification the official will be questioned.

Article 13

Assistance expenses

The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not dependent upon public services.

Article 14

Implementation

1. The management of this Protocol shall be entrusted to the central customs authorities of Romania on the one hand, and the competent services of the Commission and, where appropriate, the customs authorities of the Community Member States on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration rules in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.

2. The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Article.

Article 15

Complementarity

1. This Protocol shall complement and not impede application of any agreements on mutual assistance which have been concluded or may be concluded between individual or several Community Member States and Romania. Nor shall it preclude more extensive mutual assistance granted under such agreements.

2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.

PROTOCOL 7 on concessions with annual limits

The Parties agree that if the Agreement comes into force after 1 January in any year, any concession given within the limits of annual quantities will be adjusted pro rata with the exception of those Community concessions contained in Annexes III and XI.

In respect of Annexes III and XI, products for which import certificates have been issued under the EEC Council Regulations applying generalized tariff preferences between 1 January and the entry into force of the Agreement will be counted against the tariff quota or tariff ceiling quantities contained in such Annexes.

FINAL ACT

The Plenipotentiaries of:

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN ECONOMIC COMMUNITY, the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, and the Treaty establishing the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'the Member States` and of the EUROPEAN ECONOMIC COMMUNITY, the EUROPEAN ATOMIC ENERGY COMMUNITY hereinafter referred to as 'the Community`,

of the one part, and the Plenipotentiaries of ROMANIA,

of the other part,

meeting at Brussels, this first day of February in the year one thousand nine hundred and ninety-three for the signature of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part ('the Europe Agreement`), have adopted the following texts:

the Europe Agreement, and the following Protocols:

>TABLE>

The Pleniptentiaries of the Member States and of the Community and the Plenipotentiaries of Romania have adopted the texts of the joint declarations listed below and annexed to this Final Act:

Joint declarations on Article 8 (3) of the Agreement,

Joint declaration on Article 8 (4) of the Agreement,

Joint declaration on Article 10 (3) of the Agreement,

Joint declaration on Article 38 (1) of the Agreement,

Joint declaration on Article 38 of the Agreement,

Joint declaration on Article 39 of the Agreement,

Joint declaration on Article 40 of the Agreement,

Joint declaration on Article 45 (7) of the Agreement,

Joint declaration on Chapter II of Title IV of the Agreement,

Joint declaration on Chapter III of Title IV of the Agreement,

Joint declaration on Article 57 (3) of the Agreement,

Joint declaration on Article 59 of the Agreement,

Joint declaration on Article 60 of the Agreement,

Joint declaration on Article 64 of the Agreement,

Joint declaration on Article 67 of the Agreement,

Joint declaration on Article 111 of the Agreement,

Joint declaration on Protocol 1 of the Agreement,

Joint declaration on Protocol 4 of the Agreement,

Joint declaration on Article 5 of Protocol 6 of the Agreement.

The Plenipotentiaries of the Member states and of the Community and the plenipotentiaries of Romania have also taken note of the following exchanges of letters annexed to this Final Act:

Agreement in the form of an exchange of letters between the European Community and Romania concerning transit,

Agreement in the form of an exchange of letters between the European Community and Romania concerning inland transport infrastructure,

Agreement in the form of an exchange of letters between the European Community and Romania concerning certain arrangements for live bovine animals.

The Plenipotentiaries of Romania have taken note of the declarations listed below and annexed to this Final Act:

Commission declaration on Article 2 (3) of Protocol 1,

Community declaration on Article 9 paragraphs 1.3 and 4 of Protocol 2,

Community declaration on Article 9 (4) of Protocol 2,

Community declaration concerning Protocol 2,

Community declarations concerning Article 21 (4) of the Agreement.

The Plenipotentiaries of the Member States and of the Community have taken note of the declarations listed below and annexed to this Final Act:

Declaration by Romania concerning Article 8 of the Agreement,

Declaration by Romania concerning Article 14 (3) of the Agreement,

Declaration by Romania concerning Protocol 21 of the Agreement,

Declaration by Romania concerning Protocol 4 of the Agreement.

Hecho en Bruselas, el uno de febrero de mil novecientos noventa y tres.

Udfærdiget i Bruxelles, den første februar nitten hundrede og treoghalvfems.

Geschehen zu Brüssel am ersten Februar neunzehnhundertdreiundneunzig.

¸ãéíå óôéò ÂñõîÝëëåò, ôçí ðñþôç Öåâñïõáñßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Brussels on the first day of February in the year one thousand nine hundred and ninety-three.

Fait à Bruxelles, le premier février mil neuf cent quatre-vingt-treize.

Fatto a Bruxelles, addì primo febbraio millenovecentonovantatré.

Gedaan te Brussel, de eerste februari negentienhonderd drieënnegentig.

Feito em Bruxelas, em um de Fevereiro de mil novecentos e noventa e três.

Încheiat la Bruxelles, în prima zi a lunii februarie, anul o mie nou Fa sute nou Fazeci Ksi trei.

Pour le royaume de Belgique

Voor het Koninkrijk België

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På Kongeriget Danmarks vegne

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Für die Bundesrepublik Deutschland

>REFERENCE TO A FILM>

Ãéá ôçí ÅëëçíéêÞ Äçìïêñáôßá

>REFERENCE TO A FILM>

Por el Reino de España

>REFERENCE TO A FILM>

Pour la République française

>REFERENCE TO A FILM>

Thar cheann Na hÉireann

For Ireland

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Per la Repubblica italiana

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Pour le Grand-Duché de Luxembourg

>REFERENCE TO A FILM>

Voor het Koninkrijk der Nederlanden

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Pela República Portuguesa

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For the United Kingdom of Great Britain and Northern Ireland

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Por el Consejo y la Comisión de las Comunidades Europeas

For Rådet og Kommissionen for De Europæiske Fællesskaber

Für den Rat und die Kommission der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï êáé ôçí ÅðéôñïðÞ ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council and the Commission of the European Communities

Pour le Conseil et la Commission des Communautés européennes

Per il Consiglio e la Commissione delle Comunità europee

Voor de Raad en de Commissie van de Europese Gemeenschappen

Pelo Conselho e Pela Comissão das Comunidades Europeias

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Pentru Rômania

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JOINT DECLARATIONS

Article 8 (3)

The words 'that actually applied` shall be taken to mean the duty recorded in the customs tariff (autonomous or conventional duty, or any 'permanent` tariff suspension or quota listed there). They shall not, however, cover temporary tariff suspensions and quotas.

Article 8 (3)

The Community and Romania agree to enter into consultation in the event that one of the Parties takes unilateral measures, temporary or permanent, to dismantle tariffs across the board for products listed in Annexes IIa, IIb, III, IV and V, in order to study the effects of such decisions on the balance of the reciprocal concessions made in the context of this Agreement.

Article 8 (4)

The Community and Romania confirm that where a reduction of duties is effected by way of a suspension of duties made for a particular period of time, such reduced duties shall replace the basic duties only for the period of such suspension, and that whenever a partial suspension of duties is made, the preferential margin between the Parties will be preserved.

Article 10 (3)

The Parties declare that the reduced duties calculated in accordance with the provisions of this Agreement, are to be rounded off to the first decimal place by rounding up, when the second decimal place is 5, 6, 7, 8 or 9, and rounding down, when it is 0, 1, 2, 3 or 4.

Article 38 (1)

It is understood that the concept 'conditions and modalities applicable in each Member State` includes Community rules where appropriate.

Article 38

It is understood that the notion 'children` is defined in accordance with national legislation of the host country concerned.

Article 39

It is understood that the notion 'members of their family` is defined in accordance with the national legislation of the host country concerned.

Article 40

Taking into account the financial situation of the pension system in Romania, the Association Council shall decide the appropriate time to adopt the reciprocal measures provided for in Article 40 (1).

Article 45 (7)

The Parties agree that the term 'public property` mentioned in Article 45 (7) shall mean the areas or matters covered by Article 135 of the Romanian Constitution.

Chapter II of Title IV

Without prejudice to the provisions of Chapter IV of Title IV, the Parties agree that treatment of the nationals or companies of one Party shall be considered to be less favourable than that accorded to those of the other Party if such treatment is either formally or de facto less favourable than the treatment accorded to those of the other Party.

Chapter III of Title IV

The Parties shall endeavour to achieve a mutually satisfactory result in the framework of the current negotiations on services taking place in the Uruguay Round.

Article 57 (3)

The Parties declare that the Agreements referred to in Article 57 (3) should aim at the highest possible extension of the transport regulations and policies applicable in the Community and in the Member States to the relation between the Community and Romania in the field of transport.

Article 59

The sole fact of requiring a visa for natural persons of certain Parties and not for those of others shall not be regarded as nullifying or impairing benefits under a specific commitment.

Article 60

Whenever the Association Council is called upon to take measures for further liberalization in the areas of services or persons, it shall also determine for which transactions related to such measures, payments are to be authorized in freely convertible currency.

Article 64

The Parties shall not make an improper use of provisions on professional secrecy to prevent the disclosure of information in the field of competition.

Article 67

The Parties agree that for the purpose of this Association Agreement 'intellectual, industrial and commercial property` is to be given a similar meaning as in Article 36 of the EEC Treaty and includes in particular protection of copyright and neighbouring rights, patents, industrial designs, trademarks and service marks, topographies of integrated circuits, software, geographical indications as well as protection against unfair competition and protection of undisclosed information on know-how.

Article 111

The Parties agree that the Association Council, in accordance with Article 111 of the Agreement, shall consider setting up a consultative mechanism composed of the members of the Community's Economic and Social Committee and Romanian representatives corresponding to them.

DECLARATION OF THE COMMUNITY AND ROMANIA

The Parties confirm their intention to start negotiating the new Protocol on quantitative arrangements provided for in Article 3 (2) of Protocol 1 before the end of 1992.

JOINT DECLARATION

Protocol 4, Rules of Origin

The Community and Romania confirm their readiness to consider at a later stage in the Association Council the possibility of regional cumulation with Poland, Hungary and Czechoslovakia, in the light of progress made in fulfilling the appropriate technical and administrative conditions.

The Association Council will be informed of the entry into force of the Agreement between Romania and Bulgaria permitting application of Article 3.

JOINT DECLARATION

Article 5 of Protocol 6 to the Agreement

The Contracting Parties stress that the reference which is made in Article 5 of Protocol 6 to their own legislation may cover, where appropriate, an international commitment they could have contracted, such as the convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, concluded in The Hague on 15 November 1965.

DECLARATION BY THE COMMISSION OF THE EUROPEAN COMMUNITIES CONCERNING ARTICLE 2 (3) OF PROTOCOL 1

The Commission of the European Communities hereby confirms that the treatment accorded to Romania pursuant Article 2 (3) of Protocol 1 is identical in its substance to that accorded under the Protocols agreed with Poland, Hungary and Czechoslovakia, and that in principle any amendment to Regulation (EEC) No 636/82 would apply to all the five countries of eastern and central Europe.

DECLARATIONS BY THE COMMUNITY

Protocol 2 on ECSC products

Article 9, paragraphs 1 (3) and 4 of Protocol 2 on ECSC products

The Community confirms its understanding that public aids referred to in Article 9, paragraphs 1 (3) and 4 are exclusively for the purposes of restructuring as defined, and stresses that transport subsidies acting as direct or indirect subsidies to the steel industry are excluded.

Article 9 (4) of Protocol 2 on ECSC products

It is understood that the possibility of an exceptional extension of the five-year period is strictly limited to the particular case of Romania and does not impair the position of the Community in relation to other cases nor prejudge international commitments. The possible derogation foreseen in paragraph 4 takes into account the particular difficulties of Romania in restructuring the steel sector and the fact that this process has been launched very recently.

DECLARATION BY THE COMMUNITY

The Community takes note of the fact that the Romanian authorities will not invoke the provisions of Protocol 2 on ECSC products, in particular Article 9, so as not to call into question the compatibility with this Protocol of the agreements made by the Community coal industry with the electricity companies and the steel industry to secure the sale of Community coal.

DECLARATIONS BY THE COMMUNITY

Article 21 (4)

The Community confirms its intention to open negotiations on the wine sector with a view to concluding:

- an agreement on reciprocal protection of names of wines and on the inspection of wines,

and

- an agreement on the reciprocal introduction of tariff concessions, subject to compliance with Community import rules, with particular reference to oenological practices and certification.

Article 21 (4)

The Community declares its agreement to maintain, for a further five-year period and under the same conditions, the preferential regime for certain cheeses set out in Regulation (EEC) No 1767/82.

DECLARATIONS BY ROMANIA

Article 8

The total and partial suspensions of customs duties established on a temporary basis by Romanian Government Decision No 812/1991 are valid only until 31 December 1992.

Article 14 (3)

The Romanian Party shall transmit to the Community in early 1993 the list containing the products subject to temporary quantitative export restrictions on CN basis (eight digits). Any subsequent modification of these lists shall be notified in due time.

Article 21

The Romanian delegation insists on, and defends its interest in, seeing a solution found at the earliest opportunity under the auspices of the Association Council to its request for an increase in quotas for products falling within the following CN codes:

0104 10 90

0104 20 90

0201

0202

ex 0203

0204

ex 0207

0702 00 10

0702 00 90

0707 00 11

0709 60 10

0711 90 40

0711 10 20

0711 10 30

0809 10 00

0809 40 11

0809 40 19

0810 10 10

0810 10 90

0812 10 00

0813 20 00

0813 30 00

1001 90 99

1212 99 10

1512 11 91

1512 19 91

2001 10 00

2001 90 90

2002 90 30

2002 90 90

2009 70 19

The Romanian delegation strongly believes that such an important issue will finally be solved through joint efforts by the Community and Romania.

DECLARATION BY ROMANIA

Protocol 4, Rules of Origin

Romania considers that the Association Council should discuss and resolve the issue of regional cumulation with Poland, Hungary and the Czech and Slovak Federal Republic when trade between the Community and those three countries and between Romania and those three countries is governed by agreements containing rules identical to those of Protocol 4.

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