01964A1229(01) — EN — 01.05.2004 — 001.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

AGREEMENT

establishing an Association between the ►M8  European Community ◄ and Turkey

(signed at Ankara, 12 September 1963)

(OJ P 217 29.12.1964, p. 3687)

Amended by:

 

 

Official Journal

  No

page

date

►M1

ADDITIONAL PROTOCOL  

  L 293

4

29.12.1972

►M2

FINANCIAL PROTOCOL  

  L 293

57

29.12.1972

►M3

AGREEMENT  on products within the province of the European Coal and Steel Community

  L 293

63

29.12.1972

►M4

Exchange of Letters 

  L 34

8

7.2.1974

►M5

SUPPLEMENTARY PROTOCOL  to the Association Agreement between the European Economic Community and Turkey consequent on the accession of new Member States to the Community

  L 361

2

31.12.1977

►M6

SUPPLEMENTARY PROTOCOL  on products within the province of the European Coal and Steel Community

  L 361

187

31.12.1977

►M7

SUPPLEMENTARY PROTOCOL  to the Agreement establishing an Association between the European Economic Community and Turkey

  L 53

91

27.2.1988

►M8

ADDITIONAL PROTOCOL  to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union

  L 254

58

30.9.2005




▼B

AGREEMENT

establishing an Association between the ►M8  European Community ◄ and Turkey

(signed at Ankara, 12 September 1963)

CONTENTS

TEXT OF THE AGREEMENT

Preamble

Title I: Principles

Title II: Implementation of the transitional stage

Chapter 1: The customs union

Chapter 2: Agriculture

Chapter 3: Other economic provisions

Title III: General and final provisions

PROTOCOLS

Protocol no 1: Provisional Protocol

Protocol no 2: Financial Protocol



PREAMBLE

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

and

THE COUNCIL OF THE ►M8  EUROPEAN COMMUNITY ◄ ,

of the one part, and

THE PRESIDENT OF THE REPUBLIC OF TURKEY,

of the other part,

DETERMINED to establish ever closer bonds between the Turkish people and the peoples brought together in the ►M8  European Community ◄ ;

RESOLVED to ensure a continuous improvement in living conditions in Turkey and in the ►M8  European Community ◄ through accelerated economic progress and the harmonious expansion of trade, and to reduce the disparity between the Turkish economy and the economies of the Member States of the ►M8  European Community ◄ ;.

MINDFUL both of the special problems presented by the development of the Turkish economy and of the need to grant economic aid to Turkey during a given period;

RECOGNIZING that the support given by the ►M8  European Community ◄ to the efforts of the Turkish people to improve their standard of living will facilitate the accession of Turkey to the ►M8  European Community ◄ at a later date;

RESOLVED to preserve and strengthen peace and liberty by joint pursuit of the ideals underlying the Treaty establishing the ►M8  European Community ◄ ;

HAVE DECIDED to conclude an Agreement establishing an Association between the ►M8  European Community ◄ and Turkey in accordance with Article 238 of the Treaty establishing the ►M8  European Community ◄ , and to this end have designated as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS:

Mr Paul-Henri SPAAK,

Deputy Prime Minister and Minister for Foreign Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Dr. Gerhard SCHRÖDER,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Maurice COUVE DE MURVILLE,

Minister for Foreign Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Emilio COLOMBO,

Minister for the Treasury;

HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG:

Mr Eugène SCHAUS,

Vice-President of the Government and Minister for Foreign Affairs;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr Joseph M. A. H. LUNS,

Minister for Foreign Affairs;

THE COUNCIL OF THE ►M8  EUROPEAN COMMUNITY ◄ :

Mr Joseph M. A. H. LUNS,

President in Office of the Council of the ►M8  European Community ◄ and Minister for Foreign Affairs in the Netherlands;

THE PRESIDENT OF THE REPUBLIC OF TURKEY:

Mr Feridun Cemal ERKIN,

Minister for Foreign Affairs;

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

HAVE AGREED AS FOLLOWS:



TITLE I

PRINCIPLES

Article 1

By this Agreement an Association is established between the ►M8  European Community ◄ and Turkey.

Article 2

1.  
The aim of this Agreement is to promote the continuous and balanced strengthening of trade and economic relations between the Parties, while taking full account of the need to ensure an accelerated development of the Turkish economy and to improve the level of employment and the living conditions of the Turkish people.
2.  
In order to attain the objectives set out in paragraph 1, a customs union shall be progressively established in accordance with Article 3, 4 and 5.
3.  

Association shall comprise:

(a) 

a preparatory stage;

(b) 

a transitional stage;

(c) 

a final stage.

Article 3

1.  
During the preparatory stage Turkey shall, with aid from the ►M8  European Community ◄ , strengthen its economy so as to enable it to fulfil the obligations which will devolve upon it during the transitional and final stages.

The detailed rules for this preparatory stage, in particular those for aid from the ►M8  European Community ◄ , are set out in the Provisional Protocol and in the Financial Protocol to this Agreement.

2.  
The preparatory stage shall last five years, unless it should be extended in accordance with the conditions laid down in the Provisional Protocol.

The change-over to the transitional stage shall be effected in accordance with Article 1 of the Provisional Protocol.

Article 4

1.  

During the transitional stage the Contracting Parties shall, on the basis of mutual and balanced obligations:

— 
establish progressively a customs union between Turkey and the ►M8  European Community ◄ ;
— 
align the economic policies of Turkey and the ►M8  European Community ◄ more closely in order to ensure the proper functioning of the Association and the progress of the joint measures which this requires.
2.  
This stage shall last not more than twelve years, subject to such exceptions as may be made by mutual agreement. The exceptions must not impede the final establishment of the customs union within a reasonable period.

Article 5

The final stage shall be based on the customs union and shall entail closer coordination of the economic policies of the Contracting Parties.

Article 6

To ensure the implementation and the progressive development of the Association, the Contracting Parties shall meet in a Council of Association which shall act within the powers conferred upon it by this Agreement.

Article 7

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

They shall refrain from any measures liable to jeopardize the attainment of the objectives of this Agreement.

TITLE II

IMPLEMENTATION OF THE TRANSITIONAL STAGE

Article 8

In order to attain the objectives set out in Article 4, the Council of Association shall, before the beginning of the transitional stage and in accordance with the procedure laid down in Article 1 of the Provisional Protocol, determine the conditions, rules and timetables for the implementation of the provisions relating to the fields covered by the Treaty establishing the ►M8  European Community ◄ which must be considered; this shall apply in particular to such of those fields as are mentioned under this Title and to any protective clause which may prove appropriate.

Article 9

The Contracting Parties recognize that within the scope of this Agreement and without prejudice to any special provisions which may be laid down pursuant to Article 8, any discrimination on grounds of nationality shall be prohibited in accordance with the principle laid down in Article 7 of the Treaty establishing the ►M8  European Community ◄ .

Chapter 1

The customs union

Article 10

1.  
The customs union provided for in Article 2 (2) of this Agreement shall cover all trade in goods.
2.  

The customs union shall involve:

— 
the prohibition between Member States of the ►M8  European Community ◄ and Turkey, of customs duties on imports and exports and of all charges having equivalent effect, quantitative restrictions and all other measures having equivalent effect which are designed to protect national production in a manner contrary to the objectives of this Agreement;
— 
the adoption by Turkey of the Common Customs Tariff of the ►M8  European Community ◄ in its trade with third countries, and an approximation to the other ►M8  European Community ◄ rules on external trade.

Chapter 2

Agriculture

Article 11

1.  
The Association shall likewise extend to agriculture and trade in agricultural products, in accordance with special rules which shall take into account the common agricultural policy of the ►M8  European Community ◄ .
2.  
'Agricultural products' means the products listed in Annex II to the Treaty establishing the ►M8  European Community ◄ , as at present supplemented in accordance with Article 38 (3) of that Treaty.

Chapter 3

Other economic provisions

Article 12

The Contracting Parties agree to be guided by Articles 48, 49 and 50 of the Treaty establishing the ►M8  European Community ◄ for the purpose of progressively securing freedom of movement for workers between them.

Article 13

The Contracting Parties agree to be guided by Articles 52 to 56 and Article 58 of the Treaty establishing the ►M8  European Community ◄ for the purpose of abolishing restrictions on freedom of establishment between them.

Article 14

The Contracting Parties agree to be guided by Articles 55, 56 and 58 to 65 of the Treaty establishing the ►M8  European Community ◄ for the purpose of abolishing restrictions on freedom to provide services between them.

Article 15

The rules and conditions for extension to Turkey of the transport provisions contained in the Treaty establishing the ►M8  European Community ◄ , and measures adopted in implementation of those provisions shall be laid down with due regard to the geographical situation of Turkey.

Article 16

The Contracting Parties recognize that the principles laid down in the provisions on competition, taxation and the approximation of laws contained in Title I of Part III of the Treaty establishing the ►M8  European Community ◄ must be made applicable in their relations within the Association.

Article 17

Each State party to this Agreement shall pursue the economic policy needed to ensure the equilibrium of its overall balance of payments and to maintain confidence in its currency, while taking care to ensure a continuous, balanced growth of its economy in conjunction with stable prices.

Each State party to this Agreement shall pursue a conjunctural policy, in particular a financial and monetary policy, which furthers these objectives.

Article 18

Each State party to this Agreement shall pursue a policy with regard to rates of exchange which ensures that the objectives of the Association can be attained.

Article 19

The Member States of the ►M8  European Community ◄ and Turkey undertake to authorize, in the currency of the country in which the creditor or the beneficiary resides, any payments or transfers connected with the movement of goods, services or capital, and any transfers of capital or earnings, to the extent that the movement of goods, services, capital and persons between them has been liberalized pursuant to this Agreement.

Article 20

The Contracting Parties shall consult each other with a view to facilitating movements of capital between Member States of the ►M8  European Community ◄ and Turkey which will further the objectives of this Agreement.

They shall actively seek all means of promoting the investment in Turkey of capital from countries of the ►M8  European Community ◄ which can contribute to Turkish economic development.

With respect to arrangements for foreign capital residents of all Member States shall be entitled to all the advantages, in particular as regards currency and taxation, which Turkey accords to any other Member State or to a third country.

Article 21

The Contracting Parties hereby agree to work out a consultation procedure in order to ensure coordination of their commercial policies towards third countries and mutual respect for their interests in this field, inter alia in the event of subsequent accession to or association with the ►M8  European Community ◄ by third countries.

TITLE III

GENERAL AND FINAL PROVISIONS

Article 22

1.  
In order to attain the objectives of this Agreement the Council of Association shall have the power to take decisions in the cases provided for therein. Each of the Parties shall take the measures necessary to implement the decisions taken. The Council of Association may also make appropriate recommendations.
2.  
The Council of Association shall periodically review the functioning of the Association in the light of the objectives of this Agreement. During the preparatory stage, however, such reviews shall be limited to an exchange of views.
3.  
Once the transitional stage has been embarked on, the Council of Association shall adopt appropriate decisions where, in the course of implementation of the Association arrangements, attainment of an objective of this Agreement calls for joint action by the Contracting Parties but the requisite powers are not granted in this Agreement.

Article 23

The Council of Association shall consist of members of the Governments of the Member States and members of the Council and of the Commission of the ►M8  European Community ◄ on the one hand and of members of the Turkish Government on the other.

The members of the Council of Association may arrange to be represented in accordance with its rules of procedure.

The Council of Association shall act unanimously.

Article 24

The office of President of the Council of Association shall be held for a term of six months by a representative of the ►M8  European Community ◄ and a representative of Turkey alternately. The term of office of the first President may be shortened by a decision of the Council of Association.

The Council of Association shall adopt its rules of procedure.

The Council of Association may decide to set up committees to assist in the performance of its tasks, and in particular a committee to ensure the continuing cooperation necessary for the proper functioning of this Agreement.

The Council of Association shall lay down the terms of reference of these committees.

Article 25

1.  
The Contracting Parties may submit to the Council of Association any dispute relating to the application or interpretation of this Agreement which concerns the ►M8  European Community ◄ , a Member State of the ►M8  European Community ◄ , or Turkey.
2.  
The Council of Association may settle the dispute by decision; it may also decide to submit the dispute to the Court of Justice of the European Communities or to any other existing court or tribunal.
3.  
Each Party shall be required to take the measures necessary to comply with such decisions.
4.  
Where the dispute cannot be settled in accordance with paragraphs 2 of this Article, the Council of Association shall determine, in accordance with Article 8 of this Agreement, the detailed rules for arbitration or for any other judicial procedure to which the Contracting Parties may resort during the transitional and final stages of this Agreement.

Article 26

This Agreement shall not apply to products within the province of the European Coal and Steel ►M8  European Community ◄ .

Article 27

The Council of Association shall take all appropriate steps to promote the necessary cooperation and contacts between the European Parliament, the Economic and Social Committee and other organs of the ►M8  European Community ◄ on the one hand and the Turkish Parliament and the corresponding organs in Turkey on the other.

During the preparatory state, however, such contacts shall be limited to relations between the European Parliament and the Turkish Parliament.

Article 28

As soon as the operation of this Agreement has advanced far enough to justify envisaging full acceptance by Turkey of the obligations arising out of the Treaty establishing the ►M8  European Community ◄ , the Contracting Parties shall examine the possibility of the accession of Turkey to the ►M8  European Community ◄ .

▼M8

Article 29

This Agreement shall apply to the territory to which the Treaty establishing the European Community applies, under the conditions set out in that Treaty, and to the territory of the Republic of Turkey.

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Article 30

The Protocols annexed to this Agreement by common accord of the Contracting Parties shall form an integral part thereof.

Article 31

This Agreement shall be ratified by the Signatory States in accordance with their respective constitutional requirements, and shall become binding on the ►M8  European Community ◄ by a decision of the Council taken in accordance with the Treaty establishing the ►M8  European Community ◄ and notified to the Parties to this Agreement.

The instruments of ratification and the notifications of conclusion shall be exchanged at Brussels.

Article 32

This Agreement shall enter into force on the first day of the second month following the date of exchange of the instruments of ratification and the notification referred to in Article 31.

Article 33

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

PROTOCOL No 1

Provisional Protocol



THE CONTRACTING PARTIES,

RECOGNIZING the importance to the Turkish economy, particularly in the preparatory stage, of exports of tobacco, dried grapes, dried figs and hazelnuts;

DESIRING to adopt the Provisional Protocol provided for in Article 3 of the Agreement of Association,

HAVE AGREED AS FOLLOWS:



Article 1

1.  
Four years after the entry into force of this Agreement, the Council of Association shall consider whether, taking into account the economic situation of Turkey, it is able to lay down, in the form of an additional Protocol, the provisions relating to the conditions, detailed rules and timetables for implementing the transitional stage referred to in Article 4 of the Agreement.

The additional Protocol shall be signed by the Contracting Parties and shall enter into force after completion of the respective constitutional procedures.

2.  
If the additional Protocol has not been adopted by the end of the fifth year, the procedure laid down in paragraph 1 shall be set in motion again after a period which shall be fixed by the Council of Association and which shall not exceed three years.
3.  
The provisions of this Protocol shall continue to apply until the additional Protocol enters into force or until the end of the tenth year, whichever is the earlier.

If, however, the additional Protocol has been adopted but has not entered into force by the end of the tenth year, this Provisional Protocol shall be extended for not more than one year.

Should the additional Protocol not have been adopted by the end of the ninth year, the Council of Association shall decide on the arrangements to be applied in respect of the preparatory stage from the end of the tenth year.

Article 2

From the date of the entry into force of this Protocol, the Member States of the ►M8  European Community ◄ shall open the following annual tariff quotas for imports originating in and coming from Turkey:

(a) 

24.01 — Unmanufactured tobacco: tobacco refuse



Belgo-Luxembourg Economic Union

1 250 metric tons

Federal Republic of Germany

6 600 metric tons

France

2 550 metric tons

Italy

1 500 metric tons

Netherlands

600 metric tons

Each Member State shall apply to products imported under these tariff quotas the customs duty which it applies to imports of like products within the framework of the Agreement of Association signed by the ►M8  European Community ◄ on 9 July 1961.

(b) 

ex 08.04 — Dried grapes (in containers of a net content not exceeding 15 kg)



Belgo-Luxembourg Economic Union

3 250 metric tons

Federal Republic of Germany

9 750 metric tons

France

2 800 metric tons

Italy

7 700 metric tons

Netherlands

6 500 metric tons

Each Member State shall apply to products imported under these tariff quotas the customs duty which it applies to imports of like products within the framework of the Agreement of Association signed by the ►M8  European Community ◄ on 9 July 1961.

(c) 

ex 08.03 — Dried figs (in containers of a net content not exceeding 15 kg)



Belgo-Luxembourg Economic Union

840 metric tons

Federal Republic of Germany

5 000 metric tons

France

7 000 metric tons

Netherlands

160 metric tons

In the case of dried figs imported under these tariff quotas each Member State shall, pending the final alignment of the national rates of duty of the Member States of the ►M8  European Community ◄ on those of the Common Customs Tariff, apply a customs duty for dried figs equal to the basic duty within the meaning of Article 14 (1) of the Treaty establishing the ►M8  European Community ◄ , less half the reduction of duty which Member States of the ►M8  European Community ◄ allow to one another.

If this Provisional Protocol should still be in force at the date when the national rates of duty of Member States are finally aligned on the Common Customs Tariff, the ►M8  European Community ◄ shall adopt, for dried figs, the tariff measures necessary to ensure that Turkey retains commercial advantages equivalent to those which it has under the preceding paragraph, taking into account the provisions of Article 3.

(d) 

ex 08.05 — Nuts, fresh, or dried, shelled or not: hazelnuts



Belgo-Luxembourg Economic Union

540 metric tons

Federal Republic of Germany

14 500 metric tons

France

1 250 metric tons

Netherlands

710 metric tons

Each Member State of the ►M8  European Community ◄ shall apply an ad valorem customs duty of 2-5 % to products imported under this tariff quota.

Furthermore, on the entry into force of this Agreement, the Member States of the ►M8  European Community ◄ shall abolish all intra- ►M8  European Community ◄ customs duties on this product and shall apply the Common Customs Tariff in its entirety.

Article 3

From the date of the final alignment of the national duties applied by Member States of the ►M8  European Community ◄ to products mentioned in Article 2 with those of the Common Customs Tariff, the ►M8  European Community ◄ shall each year open tariff quotas in favour of Turkey equal to the total of the national quotas open at the date of that final alignment.- This procedure shall be implemented without prejudice to any decisions which may have been taken by the Council of Association pursuant to Article 4 in respect of the following calendar year.

As regards hazelnuts, however, this procedure shall not be implemented until the national duties of Member States of the ►M8  European Community ◄ for all the three other products have been brought into line with those of the Common Customs Tariff.

Article 4

From the second year following the entry into force of this Agreement, the Council of Association may decide to increase the tariff quotas referred to in Articles 2 and 3. Unless the Council of Association should decide otherwise, these increases shall remain, in force. Any increase shall take effect only from the beginning of the next calendar year.

Article 5

If this Agreement does not enter into force at the beginning of a calendar year, Member States of the ►M8  European Community ◄ shall, for the period from the date of entry into force of this Agreement until the beginning of the next calendar year, open tariff quotas of one twelfth of the tonnages mentioned in Article 2 for each month between the date of entry into force of this Agreement and the beginning of the next calendar year.

From the date of entry into force of this Agreement, however, the Council of Association may decide to increase the tariff quotas opened pursuant to the preceding paragraph so as to take into account the seasonal nature of exports of the products in question.

Article 6

At the end of the third year after the entry into force of this Agreement, the Council of Association may take appropriate measures to promote the disposal on the ►M8  European Community ◄ market of products other than those mentioned in Article 2.

Article 7

Once a common agricultural policy has been introduced for tobacco, hazelnuts or dried figs, the ►M8  European Community ◄ shall take any measures necessary to ensure that Turkey retains export openings equivalent to those which it has under this Protocol, taking into account the arrangements laid down for that common agricultural policy.

Article 8

If the ►M8  European Community ◄ should open tariff quotas for products mentioned in Article 2 of this Protocol, Turkey shall not, as regards the rates of customs duty chargeable within the framework of those tariff quotas, be treated less favourably than a country which is not party to this Agreement.

Article 9

Turkey shall endeavour to extend to all Member States of the ►M8  European Community ◄ the most favourable treatment which it grants to one or more of them.

Article 10

From the beginning of the preparatory stage each Contracting Party may bring before the Council of Association any difficulties regarding the right of establishment, the provision of services, transport or competition. Where necessary, the Council of Association may put forward to the Contracting Parties any appropriate recommendations for the solution of such difficulties.

Article 11

This Protocol shall be annexed to the Agreement.

PROTOCOL No 2

Financial Protocol



THE CONTRACTING PARTIES,

DESIRING to promote the accelerated development of the Turkish economy in furtherance of the objectives of the Agreement of Association,

HAVE AGREED AS FOLLOWS:



Article 1

Requests for the financing of investment projects which will serve to increase the productivity of the Turkish economy and further the objectives of the Agreement of Association, and which are part of the Turkish development plan, may be submitted by the Turkish State and by Turkish undertakings to the European Investment Bank, which shall inform them of the action taken thereon.

Article 2

Projects for which requests are approved shall be financed by loans. These loans may be contracted up to a total of 175 million units of account, which may be committed in the five years following the entry into force of this Agreement.

Article 3

Requests for financing submitted by Turkish undertakings shall not be approved without the agreement of the Turkish Government.

Article 4

1.  
Loans shall be granted on the basis of the economic features of the projects which they are to finance.
2.  
Loans, especially those for investment projects the return on which is indirect or long term, may be made on special terms such as reduced rates of interest, extended repayment periods, interest-free periods and, where appropriate, any other special repayment terms which may facilitate the servicing of such loans by Turkey.
3.  
Any loan granted to an undertaking or to an authority other than the Turkish State shall be subject to a guarantee from the Turkish State.

Article 5

1.  
The Bank may make the granting of these loans subject to public invitation to tender or other tendering procedures. Participation in such public invitations to tender or other tendering procedures shall be open on equal terms to all natural and legal persons who are nationals of Turkey or of Member States of the ►M8  European Community ◄ .
2.  
Loans may be used to cover expenditure on imports or domestic expenditure, where such expenditure is necessary for carrying out approved investment projects.
3.  
The Bank shall ensure that the funds are used in the most judicious manner and in accordance with the objectives of this Agreement.

Article 6

Turkey undertakes to allow recipients of these loans to obtain the currency necessary for the repayment of the loans and of interest thereon.

Article 7

Assistance provided under this Protocol for carrying out certain projects may take the form of participation in financing operations in which, in particular, third countries, international finance organizations or credit and development authorities and institutions of Turkey or of Member States of the ►M8  European Community ◄ may be concerned.

Article 8

Aid to Turkish economic and social development under the conditions set out in this Agreement and in this Protocol shall be supplementary to the endeavours of the Turkish State.

Article 9

This Protocol shall be annexed to this Agreement.

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

Done at Ankara this twelfth day of September in the year one thousand nine hundred and sixty-three.

For His Majesty the King of the Belgians,

For the President of the Federal Republic of Germany,

For the President of the French Republic,

For the President of the Italian Republic,

For Her Royal Highness the Grand Duchess of Luxembourg,

For Her Majesty the Queen of the Netherlands.

▼M1

ADDITIONAL PROTOCOL



PREAMBLE

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

and

THE COUNCIL -OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE PRESIDENT OF THE REPUBLIC OF TURKEY,

of the other part,

WHEREAS the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey provides that the preparatory stage of the Association is to be followed by a transitional stage;

ACKNOWLEDGING that the preparatory stage has done much, in accordance with the objectives of the Association Agreement, to strengthen economic relations in general, and to expand trade in particular, between the ►M8  European Community ◄ and Turkey;

BELIEVING that the conditions have been established for passing from the preparatory stage to the transitional stage;

RESOLVED to adopt, in the form of an Additional Protocol the provisions relating to the conditions, arrangements and timetables for the implementation of the transitional stage;

WHEREAS during the transitional stage the Contracting Parties are to ensure, on the basis of mutual and balanced obligations, the progressive establishment of a customs union between Turkey and the ►M8  European Community ◄ and the closer alignment of the economic policies of Turkey and the ►M8  European Community ◄ in order to ensure the proper functioning of the Association and the progress of the joint measures which this requires;

HAVE DESIGNATED as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS:

Mr Pierre HARMEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Mr Walter SCHEEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Maurice SCHUMANN,

Minister for Foreign Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Mario PEDINI,

Under-Secretary of State for Foreign Affairs;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Mr Gaston THORN,

Minister for Foreign Affairs;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr J. M. A, H. LUNS,

Minister for Foreign Affairs;

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Mr Walter SCHEEL,

President in Office of the Council of the European Communities;

Mr Franco Maria MALFATTI,

President of the Commission of the European Communities;

THE PRESIDENT OF THE REPUBLIC OF TURKEY:

Mr Ihsan Sabri ÇAGLAYANGLL,

Minister for Foreign Affairs;

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

HAVE AGREED upon the following provisions, which shall be annexed to the Agreement of Association:



Article 1

This Protocol lays down the conditions, arrangements and timetables for implementing the transitional stage referred to in Article 4 of the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

TITLE I

FREE MOVEMENT OF GOODS

Article 2

1.  

Chapter I, Section I, and Chapter II of this Title shall apply:

(a) 

to goods produced in the ►M8  European Community ◄ or in Turkey, including those wholly or partially obtained or produced from products coming from third countries which are in free circulation in the ►M8  European Community ◄ or in Turkey;

(b) 

to goods coming from third countries and in free circulation in the ►M8  European Community ◄ or in Turkey.

2.  
Products coming from third countries shall be considered to be in free circulation in the ►M8  European Community ◄ or in Turkey if the import formalities have been complied with and any customs duties or charges having equivalent effect which are payable have been levied in the ►M8  European Community ◄ or in Turkey, and if they have not benefited from a total or partial drawback of such duties or charges.
3.  
Goods imported from third countries into the ►M8  European Community ◄ or into Turkey and accorded special customs treatment by reason of their country of origin or of exportation, shall not be considered to be in free circulation in the territory of one Contracting Party if they are re-exported to the other Contracting Party. The Council of Association may, however, make exceptions to this rule under conditions which it shall lay down.
4.  
Paragraphs 1 and 2 shall apply only to goods exported from the ►M8  European Community ◄ on or after the date of signature of this Protocol.

Article 3

1.  
Chapter I, Section I, and Chapter II of this Title shall likewise apply to goods obtained or produced in the ►M8  European Community ◄ or in Turkey, in the manufacture of which were used products coming from third countries and not in free circulation either in the ►M8  European Community ◄ or in Turkey. These provisions shall, however, apply to those goods only if the exporting State charges a countervailing levy, the rate of which is a percentage of the duties laid down in the Common Customs Tariff for third country products used in their manufacture. This percentage, fixed by the Council of Association for each of such periods as it may determine, shall be based on the tariff reduction granted on those goods in the importing State. The Council of Association shall also lay down the rules for the countervailing levy, taking into account the relevant rules in force before 1 July 1968 in trade between Member States.
2.  
The countervailing levy shall not, however, be charged on exports from the ►M8  European Community ◄ or from Turkey of goods obtained or produced under the conditions mentioned in this Article while the reduction of customs duties on the majority of goods imported into the territory of the other Contracting Party does not exceed 20 %, taking into account the various timetables for tariff reductions fixed by this Protocol.

Article 4

The Council of Association shall determine the methods of administrative cooperation to be used in implementing Articles 2 and 3, taking into account the methods laid down by the ►M8  European Community ◄ with regard to trade between Member States.

Article 5

1.  
If either Contracting Party considers that differences arising from the application to imports of customs duties, quantitative restrictions or any measures having equivalent effect, or from any other measure of commercial policy, threaten to deflect trade or to cause economic difficulties in its territory, it may bring the matter before the Council of Association, which shall, if necessary, recommend appropriate methods for avoiding any harm liable to result therefrom.
2.  
Where deflections occur or economic difficulties arise and the Party concerned considers that they call for immediate action, that Party may itself take the necessary protective measures, and shall notify the Council of Association thereof without delay; the Council of Association may decide whether the Party concerned shall amend or abolish those measures.
3.  
In the choice of such measures preference shall be given to those which least disturb the operation of the Association and, in particular, the normal development of trade.

Article 6

During the transitional stage the Contracting Parties shall, in so far as may be- necessary for the proper functioning of the Association, take steps to approximate their law, regulation or administrative action in respect of customs matters, taking into account the approximations already effected by the Member States of the ►M8  European Community ◄ .

CHAPTER I

THE CUSTOMS UNION

Section I

Elimination of customs duties between the ►M8  European Community ◄ and Turkey

Article 7

1.  
The Contracting Parties shall refrain from introducing between themselves any new customs duties on imports or exports or charges having equivalent effect, and from increasing those already applied, in their trade with each other at the date of entry into force of this Protocol.
2.  
The Council of Association may, however, authorize the Contracting Parties to introduce new customs duties on exports or charges having equivalent effect if they are necessary for the attainment of the objectives of the Agreement.

Article 8

Customs duties on imports and charges having equivalent effect, in force between the ►M8  European Community ◄ and Turkey, shall be progressively abolished in accordance with Articles 9 to 11.

Article 9

On the entry into force of this Protocol, the ►M8  European Community ◄ shall abolish customs duties and charges having equivalent effect on imports from Turkey.

Article 10

1.  
For each product, the basic duty on which Turkey is to apply the successive reductions shall be the duty actually applied in respect of the ►M8  European Community ◄ at the date of signature of this Protocol.
2.  
The timetable for the reductions to be effected by Turkey shall be as follows: the first reduction shall be made on the entry into force of this Protocol. The second and third shall be applied three years and five years later. The fourth and subsequent reductions shall be made each year in such a way that the final reduction is made at the end of the transitional stage.
3.  
Each reduction shall be made by lowering the basic duty on each product by 10 %.

Article 11

Notwithstanding Article 10 (2) and (3), Turkey shall progressively abolish, over a period of twenty-two years, in accordance with the following timetable, the basic duties in respect of the ►M8  European Community ◄ on the products listed in Annex 3: a reduction of 5 % on each duty shall be made on the entry into force of this Protocol. Three further reductions, each of 5 %, shall be made three, six and ten years later.

Eight further reductions, each of 10 %, shall be made twelve, thirteen, fifteen, seventeen, eighteen, twenty, twenty-one and twenty-two years respectively after the entry into force of this Protocol.

Article 12

1.  

Turkey may, during the first eight years of the transitional stage, make the amendments to Annex 3 which are needed to protect the development of a processing industry which did not exist in Turkey at the time of entry into force of this Protocol, or to ensure the expansion in accordance with the Turkish development plan in force at the time, of an existing processing industry. Such amendments may, however, only be made on condition that:

— 
in aggregate they relate to not more than 10 % by value of imports from the ►M8  European Community ◄ in 1967, calculated at 1967 prices;
— 
the value of imports from the ►M8  European Community ◄ of all products listed in Annex 3, calculated at 1967 prices, is not increased.

Products added to Annex 3 may- immediately be made liable to duties calculated in accordance with Article 11; those products which are removed from that list shall immediately be made liable to duties calculated in accordance- with the provisions of Article 10.

2.  
Turkey shall notify the Council of Association of the measures which it proposes to take pursuant to the above provisions.
3.  
To the same end as that mentioned in paragraph 1 above, and within the limit of 10 % of imports from the ►M8  European Community ◄ in 1967, the Council of: Association may authorize Turkey, during the transitional stage, to reintroduce, increase or impose customs duties on imports of products subject to the arrangements set out in Article 10.

These tariff measures shall not, for any of the tariff headings which they affect, raise the duty on imports from the ►M8  European Community ◄ to more than 25 % ad valorem.

▼M5

4.  
The Association Council may also, during the transition period, decide that the right available to Turkey under paragraph 3 may entitle it to introduce quotas, instead of reintroducing, increasing or imposing customs duties, provided that such quota is not lower than 60 % of the imports from the ►M8  European Community ◄ of the product in question during the preceding year. The value of imports from the ►M8  European Community ◄ in 1967 of the products affected by these quota measures must be counted against the total value of the imports referred to in the first subparagraph of paragraph 3.

The Association Council shall lay down the conditions governing the application and termination of these measures.

5.  
Notwithstanding paragraph 4 and for the period during which Turkey applies the degree of consolidated liberalization fixed at 40 % in accordance with Article 22 (2) and (3), the following rules shall be applicable.

If the Association Council has not taken a decision under paragraph 4, within six months of a request being made, Turkey may, after informing the Association Council and not earlier than one year after making its request, introduce quotas on the terms indicated in paragraph 4.

All such quotas shall not affect more than 5 % of the total value of imports in 1967 from the ►M8  European Community ◄ as originally constituted. The value of imports in 1967 which are affected by quota measures shall be calculated on the basis of imports from the ►M8  European Community ◄ as originally constituted and shall be charged against the value referred to in the first subparagraph of paragraph 3. If, however, these quotas affect products added to the list when the degree of consolidated liberalization was raised in accordance with Article 22 (4), the value of imports shall be calculated on the basis of imports in 1967 from the original Member States and the new Member States.

Turkey shall, at the same time, add new products to the list of liberalized products consolidated in accordance with Article 22 (4) in order to ensure that the value of imports from the ►M8  European Community ◄ of all the products listed does not fall.

Consultations may be held within the Association Council on the progressive elimination of restrictive measures introduced by Turkey-pursuant to this paragraph.

6.  
The Association Council may derogate from paragraphs 1, 3, 4 and 5.

▼M1

Article 13

1.  
Irrespective of the provisions of Articles 9 to 11, each Contracting Party may suspend in whole or in part the collection of duties applied by it to products imported from the other Party, in particular, as regards Turkey, for the purpose of stimulating imports of certain products. necessary for its economic development; the other Contracting Party shall be informed of such measures.
2.  
The Contracting Parties declare their readiness to reduce their duties in trade with the other Party more rapidly than is provided for in Articles 9 to 11 if its general economic situation and the situation of the economic sector concerned so permit. The Council of Association shall make recommendations to this end.

Article 14

Where, in respect of a country outside the Association, Turkey applies a shorter timetable than is provided for in Articles 10 ana 11 to the elimination of a charge having effect equivalent to a customs duty, the same timetable shall be applied to the elimination of that charge in respect of the ►M8  European Community ◄ .

Article 15

Without prejudice to Article 7 (2), the Contracting Parties shall, at the latest four years after the entry into force of this Protocol, abolish between themselves, customs duties on exports and charges having equivalent effect.

Article 16

1.  
Article 7 (1) and Articles 8 to 15 shall also apply to customs duties of a fiscal nature.
2.  
On the entry into force of this Protocol the ►M8  European Community ◄ and Turkey shall inform the Council of Association of their customs duties of a fiscal nature.
3.  
Turkey shall retain the right to substitute for these customs duties of a fiscal nature an internal tax which complies with the provisions of Article 44.
4.  
If the Council of Association finds that substitution for any customs duty of a fiscal nature meets with serious difficulties in Turkey, it shall authorize that country to retain the duty on condition that it shall abolish it not later than the end of the transitional stage. Such authorization must be requested within twelve months of the entry into force of this Protocol.

Turkey may provisionally continue to apply such a duty until a decision has been taken by the Council of Association.

Section II

Adoption by Turkey of the Common Customs Tariff

Article 17

The Turkish Customs Tariff shall be aligned on the Common Customs Tariff during the transitional stage on the basis of the duties actually applied by Turkey in respect of third countries at the date of signature of this Protocol, and in accordance with the following rules:

1. 

In the case of products on which the duties actually applied by Turkey at the date indicated above do not differ by more than 15 % either way from the duties in the Common Customs Tariff, the latter duties shall be applied one year after the second reduction of duties provided for in Article 10.

2. 

In any other case Turkey shall, one year after the second reduction of duties provided for in Article 10, apply duties reducing by 20 % the difference between the duty actually applied at the date of signature of this Protocol and the duty in the Common Customs Tariff.

3. 

When the fifth and seventh reductions of customs duties provided for in Article 10 are applied, this difference shall be further reduced by 20 %.

4. 

The Common Customs Tariff shall be applied in its entirety when the tenth reduction of customs duties provided for in Article 10 is applied.

Article 18

Notwithstanding Article 17 Turkey shall, for the products listed in Annex 3, align its customs tariff over a period of twenty-two years in accordance with the following rules:

1. 

In the case of products for which the duties actually applied by Turkey on the date of signature of this Protocol do not differ from the Common Customs Tariff duties by more than 15 % either way, the latter duties shall be applied from the date of the fourth reduction of duties provided for in Article 11.

2. 

In any other case Turkey shall, from the date of the fourth reduction of duties provided for in Article 11, apply duties reducing by 20 % the difference between the duty actually applied at the date of signature of this Protocol and the duty in the Common Customs Tariff.

3. 

When the seventh and ninth reductions provided for in Article 11 are applied, this difference shall be further reduced by 30 % and 20 %, respectively.

4. 

The Common Customs Tariff shall be applied in its entirety at the end of the twenty-second year.

Article 19

1.  
In the case of particular products making up not more than 10 % of the total value of its imports in 1967, Turkey may, after consultation in the Council of Association, defer until the end of the twenty-second year after the entry into force of this Protocol the reductions of duties in respect of third countries which it should otherwise make under Articles 17 and 18.
2.  
In the case of particular products making up not more than 5 % of the total value of its imports in 1967, Turkey may, after consultation in the Council of Association, retain after a period of twenty-two years customs duties in respect of third countries which are higher than those in the Common Customs Tariff.
3.  
However,- the application of the preceding paragraphs must not prejudice the free movement of: goods within the Association and shall not entitle Turkey to invoke the provisions of Article 5.
4.  
Where alignment of the Turkish Customs Tariff with the Common Customs Tariff has been accelerated, Turkey shall maintain in favour of the ►M8  European Community ◄ a preference equivalent to that resulting from the arrangements provided for in this Chapter.

As regards the products listed in Annex 3, no such acceleration may take place before the end of the transitional stage, unless prior authorization has been given by the Council of Association.

5.  
As regards customs duties which have been authorized pursuant to the first subparagraph of Article 16 (4) or which Turkey may provisionally maintain in accordance with the second -subparagraph of Article 16 (4), Articles 17 and 18 need not be applied. On expiry of the authorization, Turkey shall apply the duties provided for in Articles 17 and 18.

Article 20

1.  
. To facilitate the importation of particular goods from countries with which Turkey has concluded bilateral trade agreements, Turkey may, with the prior authorization of the Council of Association, grant tariff quotas at reduced or zero rates of duty, if the functioning of those agreements is appreciably affected by the application of this Protocol or by measures taken in pursuance thereof.
2.  

Such authorization shall be deemed to have been given when the tariff quotas mentioned in the preceding paragraph comply with the following conditions:

(a) 

the total annual value of such quotas does not exceed 10 % of the average value of Turkish imports from third countries during the past three years for which statistics are available, excluding from such imports those which were made with the help of the means referred to in Annex 4. Imports from third countries admitted free of duty within the framework of Annex 4 shall be deducted from this 10 %;

(b) 

in the case of each product, the value of imports provided for within the framework of the tariff quotas shall not exceed one third of the average value of Turkish imports of that product from third countries in the past three years for which statistics are available.

3.  
Turkey shall notify the Council of Association of measures which it envisages taking in pursuance of paragraph 2.

At the end of the transitional stage the Council of Association may decide whether the provisions of paragraph 2 should be repealed or amended.

4.  
In no case may the duty under a tariff quota be lower than that actually applied by Turkey to imports from the ►M8  European Community ◄ .

CHAPTER II

ELIMINATION OF QUANTITATIVE RESTRICTIONS BETWEEN THE CONTRACTING PARTIES

Article 21

Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to -the following provisions, be prohibited between the Contracting Parties.

Article 22

1.  
The Contracting Parties shall refrain from introducing any new quantitative restrictions on imports or measures having equivalent effect.
2.  
However, as regards Turkey, this obligation shall, at the date of the entry into force of this Protocol, apply only to 35 % of Turkish imports on private account from the ►M8  European Community ◄ in 1967. This percentage shall be increased to 40 %, 45 %, 60 % and 80 %, three, eight, thirteen and eighteen years after the entry into force of this Protocol.
3.  
Six months before each of the dates of the last three increases the Council of Association shall review the consequences for the economic development of Turkey of increasing the degree of liberalization and shall, if this is necessary for achievement of an accelerated development of the Turkish economy, decide to postpone the increase for a period which it shall determine.

In the absence of a decision, the increase shall be postponed for one year. The review procedure shall be repeated six months before expiry of that period. A further postponement of a year shall take place if the Council of Association again takes no decision.

At the end of this second period, Turkey shall implement the increase in the degree of liberalization unless a decision to the contrary has been taken by the Council of Association.

4.  
A list of products whose importation from the ►M8  European Community ◄ has been liberalized shall be supplied to the ►M8  European Community ◄ at the time of signature of this Protocol. The list shall be consolidated in respect of the ►M8  European Community ◄ . The lists of products liberalized at the deadlines mentioned in paragraph 2 shall also be supplied to the ►M8  European Community ◄ and consolidated in its respect.
5.  
Turkey may reintroduce quantitative restrictions on imports of products which have been liberalized but not consolidated pursuant to this Article, on condition that it opens quotas in favour of the ►M8  European Community ◄ equal to at least 75 % of the average imports from the ►M8  European Community ◄ during the three years preceding that reintroduction. These quotas shall be subject to the provisions of Article 25 (4).
6.  
In no case may Turkey apply to the ►M8  European Community ◄ a treatment less favourable than that accorded to third countries.

Article 23

Without prejudice to Article 22 (5) the Contracting Parties shall, in their trade with one another, refrain from making more restrictive the quantitative restrictions on imports and measures having equivalent effect existing at the date of entry into force of this Protocol.

Article 24

The ►M8  European Community ◄ shall, on the entry into force of this Protocol, abolish all quantitative restrictions on imports from Turkey. This liberalization shall be consolidated in respect of Turkey.

Article 25

1.  
Turkey shall progressively abolish quantitative restrictions on imports from the ►M8  European Community ◄ in accordance with the provisions of the following paragraphs.
2.  

One year after the entry into force of this Protocol quotas in favour of the ►M8  European Community ◄ shall be opened for imports of each product which has not been liberalized in Turkey. These quotas shall be fixed so as to correspond to the average imports from the ►M8  European Community ◄ in the last three years for which statistics are available, excluding imports financed:

(a) 

by special aid resources connected with specific investment projects;

(b) 

without allocation of foreign currency;

(c) 

under the law on the promotion of foreign capital investment.

3.  
Where, in respect of a product which has not been liberalized, imports from the ►M8  European Community ◄ in the first year after the entry into force of this Protocol amount to less than 7 % of total imports of that product, a quota equal to 7 % of those imports shall be opened one year after the entry into force of this Protocol.
4.  
Three years after the entry into force of this Protocol Turkey shall increase the aggregate of the quotas so opened by not less than 10 % over the amount thereof for the preceding year and by not less than 5 % by value of the quota for each product. These amounts shall be increased every two years in the same proportion in relation to the preceding period.
5.  
From the thirteenth year after the entry into force of this Protocol each quota shall be increased every two years by at least 20 % in relation to the preceding period.
6.  
Where, in respect of a product which has not been liberalized, there have been no imports into Turkey in the first year after the entry into force of this Protocol, the rules for opening and increasing quotas shall be laid down by the Council of Association.
7.  
If the Council of Association finds that during two successive years the imports of any product which has not been liberalized have been appreciably below the level of the quota opened, that quota shall not be taken into account in calculating the total value of the quotas. In such case Turkey shall abolish quota restrictions on that product in respect of the ►M8  European Community ◄ .
8.  
All quantitative restrictions on imports into Turkey shall be abolished not later than twenty-two years after the entry into force of this Protocol.

Article 26

1.  
The Contracting Parties shall, within twenty-two years, abolish all measures having an effect equivalent to quantitative restrictions on imports from each other. The Council of Association shall recommend the progressive adjustments to be made during this period, taking into account provisions adopted within the ►M8  European Community ◄ .
2.  
In particular, Turkey shall, in accordance with the timetables laid down in Articles 10 and 11, progressively abolish the deposits required from importers for imports of goods from the ►M8  European Community ◄ .

Moreover, deposits amounting to more than 140 % of the dutiable value for customs purposes of goods imported from the ►M8  European Community ◄ , in the case of motor vehicle spare parts and accessories falling within heading No 87.06 of the Turkish Customs Tariff, and to more than 120 % of that value in the case of other products, shall be reduced to these levels on the entry into force of this Protocol.

Article 27

1.  
Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between the Contracting Parties.

The ►M8  European Community ◄ and Turkey shall, by the end of the transitional stage at the latest, abolish between themselves all quantitative restrictions on exports and any measures having equivalent effect.

2.  
Notwithstanding the preceding paragraph, the ►M8  European Community ◄ and Turkey may, after consultation in the Council of Association, retain or introduce restrictions on exports of basic products to the extent necessary to promote the development of specific sectors of their economies or to meet any shortage of those products.

In that event, the Party concerned shall open in favour of the other Party a quota which takes into account the average exports for the last three years for which statistics are available and the normal development of trade- resulting from the progressive achievement of the customs union.

Article 28

Turkey declares its readiness to abolish quantitative restrictions on imports from and exports to the ►M8  European Community ◄ more rapidly than is provided for in the preceding Articles, if its general economic situation and the situation of the economic sector concerned so permit. To this end the Council of Association shall make recommendations to Turkey.

Article 29

The provisions of Articles 21 to 27 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

Article 30

1.  
The Contracting Parties shall progressively adjust any State monopolies of a commercial character so as to ensure that when the period of twenty-two years has ended no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of; Member States of the ►M8  European Community ◄ and nationals of Turkey.

The provisions of this Article shall apply to any body through which a Member State or Turkey, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between the ►M8  European Community ◄ and Turkey. These provisions shall also apply to monopolies delegated by the State to others.

2.  
The Contracting Parties shall refrain from introducing any new measure which is contrary to the principles laid down in paragraph 1 or which restricts the scope of the Articles dealing with the abolition of customs duties and quantitative: restrictions between the Contracting Parties.
3.  
The procedure and the timetable in accordance: with which the Turkish monopolies mentioned in this Article are to be adjusted and the barriers to trade between the ►M8  European Community ◄ and Turkey are to be lowered, shall be laid down by the Council of Association not later than six years after the entry into force of this Protocol.

Until the Council of Association takes the decision:_ provided for in the preceding subparagraph, each Contracting Party shall apply to products subject to a monopoly in the territory of the other Contracting Party treatment at least as favourable as that applied to like products of the most-favoured third country.

4.  
The obligations on the Contracting Parties shall be binding only in so far as they are compatible with existing international agreements.

CHAPTER III

PRODUCTS SUBJECT TO SPECIFIC RULES ON IMPORTATION INTO THE ►M8  EUROPEAN COMMUNITY ◄ AS A RESULT OF THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY

Article 31

The arrangements for agricultural products set out in Chapter IV shall apply to products which are subject, on importation into the ►M8  European Community ◄ , to specific rules as a result of the implementation of the common agricultural policy.

CHAPTER IV

AGRICULTURE

Article 32

This Protocol shall extend to agricultural products, save as otherwise provided in Articles 33 to 35.

Article 33

1.  
Over a period of twenty-two years Turkey shall adjust its agricultural policy with a view to adopting, at the end of that period, those measures of the common agricultural policy which must be applied in Turkey if free movement of agricultural products between it and the ►M8  European Community ◄ is to be achieved.
2.  
During the period mentioned in paragraph 1, the ►M8  European Community ◄ shall, in establishing and subsequently developing its agricultural policy, take into account the interests of Turkish agriculture. Turkey shall furnish the ►M8  European Community ◄ with all information which is relevant in this connection.
3.  
The ►M8  European Community ◄ shall inform Turkey of proposals from the Commission regarding the establishment and development of the common agricultural policy, and of the opinions issued and decisions taken with regard to such proposals.
4.  
The Council of Association shall decide what information on agriculture shall be supplied by Turkey to the ►M8  European Community ◄ .
5.  
The proposals from the Commission mentioned in paragraph 3, and the measures in respect of agriculture which Turkey envisages taking in accordance with paragraph 1, may be the subject of consultation in the Council of Association.

Article 34

1.  
At the end of the period of twenty-two years the Council of Association, having established that Turkey has adopted the measures of the common agricultural policy which are referred to in Article 33 (1), shall adopt the provisions necessary for achieving the free movement of agricultural products between the ►M8  European Community ◄ and Turkey.
2.  
The provisions referred to in paragraph 1 may include any necessary derogations from the rules laid down in this Protocol.
3.  
The Council of Association may alter the date referred to in paragraph 1.

Article 35

1.  
Pending the adoption of provisions under Article 34 and by way of derogation from Articles 7 to 11, 15 to 18, 19 (1) and (5), 21 to 27, and 30, the ►M8  European Community ◄ and Turkey shall grant each other preferential treatment in their trade in agricultural products. The scope of such preferential treatment and the arrangements therefor shall be decided by the Council of Association.
2.  
The treatment to be accorded from the beginning of the transitional stage is, however, laid down in-Annex 6.
3.  
One year after the entry into force of this Protocol and every two years thereafter, the Council of Association shall, at the request of either Contracting Party, review the results of the preferential treatment for agricultural products. It may decide upon improvements which prove to be necessary for progressive attainment of the objectives of the Agreement of Association.
4.  
Article 34 (2) shall apply.

TITLE II

MOVEMENT OF PERSONS AND SERVICES

CHAPTER I

WORKERS

Article 36

Freedom of movement for workers between Member States of the ►M8  European Community ◄ and Turkey shall be secured by progressive stages in accordance with the principles set out in Article 12 of the Agreement of Association between the end of the twelfth and the twenty-second year after the entry into force of that Agreement.

The Council of Association shall decide on the rules necessary to that end.

Article 37

As regards conditions of work and remuneration, the rules which each Member State applies to workers of Turkish nationality employed in the ►M8  European Community ◄ shall not discriminate on grounds of nationality between such workers and workers who are nationals of other Member States of the ►M8  European Community ◄ .

Article 38

While freedom of movement for workers between Member States of the ►M8  European Community ◄ and Turkey is being brought about by progressive stages, the Council of Association may review all questions arising in connection with the geographical and occupational mobility of workers of Turkish nationality, in particular the extension of work and residence permits, in order to facilitate the employment of those workers in each Member State.

To that end, the Council of Association may make recommendations to Member States.

Article 39

1.  
Before the end-of the first year after the entry into force of this Protocol the Council of Association shall adopt social security measures for workers of Turkish nationality moving within the ►M8  European Community ◄ and for their families residing in the ►M8  European Community ◄ .
2.  
These provisions must enable workers of Turkish nationality, in accordance with arrangements to be laid down, to aggregate periods of insurance or employment completed in individual Member States in respect of old-age pensions, death benefits and invalidity pensions, and also as regards the provision of health services for workers and their families residing in the ►M8  European Community ◄ . These measures shall create no obligation on Member States to take into account periods completed in Turkey.
3.  
The abovementioned measures must ensure that family allowances are paid if a worker's family resides in the ►M8  European Community ◄ .
4.  
It must be possible to transfer to Turkey old-age pensions, death benefits and invalidity pensions obtained under the measures adopted pursuant to paragraph 2.
5.  
The measures provided for in this Article shall not affect the rights and obligations arising from bilateral agreements between Turkey and Member States of the ►M8  European Community ◄ , in so far as these agreements provide more favourable arrangements for Turkish nationals.

Article 40

The Council of Association may make recommendations to Member States and Turkey for encouraging the exchange of young workers; the Council of Association shall be guided in the matter by the measures adopted by Member States in implementation of Article 50 of the Treaty establishing the ►M8  European Community ◄ .

CHAPTER II

RIGHT OF ESTABLISHMENT, SERVICES AND TRANSPORT

Article 41

1.  
The Contracting Parties shall refrain- from introducing between themselves any new restrictions on the freedom of establishment and the freedom to provide services.
2.  
The-Council of Association shall, in accordance with the principles set out in Articles 13 and 14 of the Agreement of Association, determine the timetable and rules for the progressive abolition by the Contracting Parties, between themselves, of restrictions on freedom of establishment and on freedom to provide services.

The Council of Association shall, when determining such timetable and rules for the various classes of activity, take into account corresponding measures already adopted by the ►M8  European Community ◄ in these fields and also the special economic and social circumstances of Turkey. Priority shall be given to activities making a particular contribution to the development of production and trade.

Article 42

1.  
The Council of Association shall extend to Turkey, in accordance with the rules which it shall determine, the transport- provisions of- the Treaty establishing the ►M8  European Community ◄ with due regard to the geographical situation of Turkey. In the same way it may extend to Turkey measures taken by the ►M8  European Community ◄ in applying those provisions in respect of transport by rail, road and inland waterway.
2.  
If provisions for sea and air transport are laid down by the ►M8  European Community ◄ , pursuant to. Article 84 (2) of the Treaty establishing the ►M8  European Community ◄ , the Council of Association shall decide whether, to what extent and by what procedure provisions may be laid down for Turkish sea and air transport.

TITLE III

CLOSER ALIGNMENT OF ECONOMIC POLICIES

CHAPTER I

COMPETITION, TAXATION AND APPROXIMATION OF LAWS

Article 43

1.  
The Council of Association shall, within six years of the entry into force of this Protocol, adopt the conditions and rules for the application of the principles laid down in Articles 85, 86, 90 and 92 of the Treaty establishing the ►M8  European Community ◄ .
2.  
During the transitional stage Turkey may be considered as being in the situation specified in Article 92 (3) (a) of the Treaty establishing the ►M8  European Community ◄ . Accordingly, aid to promote Turkish economic development shall be considered to be compatible with the proper functioning of the Association if such aid does not alter the conditions of trade to an extent inconsistent with the mutual interests of the Contracting Parties.

At the end of the transitional stage, the Council of Association shall, taking into account the economic situation of Turkey at that time, decide whether it is necessary to extend the period during which the preceding subparagraph shall apply.

Article 44

1.  
Neither Contracting Party shall impose, directly or indirectly, on the products of the other Party any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products.

Neither Contracting Party shall impose on the products of the other Party any internal taxation of such a nature as to afford indirect protection to other products.

The Contracting Parties shall, not later than the beginning of the third year after the entry into force of this Protocol, repeal any provisions existing at the date of its signature which conflict with the above rules.

2.  
In trade between the ►M8  European Community ◄ and Turkey, repayment of internal taxation in respect of exported products shall not exceed the internal taxation imposed on those products, whether directly or indirectly.
3.  
Where a turnover tax calculated on a cumulative multi-stage tax system is levied, average rates for products or groups of products may be established, in the case of internal taxation imposed on imported products or of repayments allowed on exported products, provided that there is no infringement of the principles laid down in the preceding paragraphs.
4.  
The Council of Association shall ensure that the above provisions are applied, taking into account the experience of the ►M8  European Community ◄ in the field covered by this Article.

Article 45

As regards trade between the ►M8  European Community ◄ and Turkey, and in the case of charges other than turnover taxes, excise duties and other forms of indirect taxation, remissions and repayments in respect of exports may not be granted, and countervailing charges in respect of imports may not be imposed, unless the measures contemplated have been approved in advance by the Council of Association and for a limited period.

Article 46

The Contracting Parties may adopt any protective measures which they consider to be needed to overcome difficulties due to the absence of a decision by the Council of Association on the rules and. conditions of application provided for in Article 43 (1), or to the non-application of those decisions or of Articles 44 or 45.

Article 47

1.  
If, during the period of twenty-two years, the Council of Association, on application by a Contracting Party, finds that dumping is being practised in trade between the ►M8  European Community ◄ and Turkey, it shall address recommendations to the person or persons with whom such practices originate for the purpose of putting an end to them.
2.  

The injured Party may, after notifying the Council of Association, take suitable protective measures where:

(a) 

the Council of Association has taken no decision pursuant to paragraph 1 within three months from the making of the application;

(b) 

despite the issue of recommendations under paragraph 1, the dumping practices continue.

Moreover, where the interests of the injured Party call for immediate action, that Party may, after informing the Council of Association, introduce interim protective measures which may include anti-dumping duties. Such measures shall not remain in force more than three months from the date of the application, or from the date on which the injured Party takes protective measures under (b) of the preceding subparagraph.

3.  
Where protective measures have been taken under (a) of the first subparagraph of paragraph 2, or under the second subparagraph of that paragraph, the Council of Association may, at any time, decide that such protective measures shall be suspended pending the issue of recommendations under paragraph 1.

The Council of Association may recommend the abolition or amendment of protective measures taken under (b) of the first subparagraph of paragraph 2.

4.  
Products which originated in or were in free circulation in one of the Contracting Parties and which have been exported to the other Contracting Party shall, on reimportation, be admitted into the territory of the former Contracting Party free of all customs duties, quantitative restrictions or measures having equivalent effect.

The Council of Association may make any appropriate recommendations for the application of this paragraph; it shall be guided by ►M8  European Community ◄ experience in this field.

Article 48

The Council of Association may recommend the Contracting Parties to take measures to approximate the laws, regulations or administrative provisions in respect of fields which are not covered by this Protocol but have a direct bearing on the functioning of the Association, and of fields covered by this Protocol but for which no specific procedure is laid down therein.

CHAPTER II

ECONOMIC POLICY

Article 49

In order to facilitate attainment of the objectives set out in Article 17 of the Agreement of Association, the Contracting Parties shall regularly consult each other in the Council of Association to coordinate their economic policies.

The Council of Association shall, where necessary, recommend appropriate measures.

Article 50

1.  
The Contracting Parties declare their readiness to undertake the liberalization of payments beyond the extent provided for in Article 19 of the Agreement of Association, in so far as their economic situation in general and the state of their balance of payments in particular so permit.
2.  
In so far as movements of goods, services and capital are limited only by restrictions on payments connected therewith, these restrictions shall be progressively abolished by applying, mutatis mutandis, the provisions relating to the abolition of quantitative restrictions, the provision of services and to capital movements.
3.  
The Contracting Parties undertake not to make more restrictive the arrangements which they apply to transfers connected with the invisible transactions listed in Annex III to the Treaty establishing the ►M8  European Community ◄ , without the prior agreement of the Council of Association.
4.  
If need be, the Contracting Parties shall consult each other on measures to be taken to enable the payments and transfers mentioned in Article 19 of the Agreement of Association and in this Article to be effected.

Article 51

In order to further the objectives set out in Article 20 of the Agreement of Association, Turkey shall, on the entry into force of this Protocol, endeavour to improve the treatment accorded to private capital from the ►M8  European Community ◄ which can contribute to the development of the Turkish economy.

Article 52

The Contracting Parties shall endeavour to avoid introducing any new foreign exchange restrictions on the movement of capital and current payments connected therewith between themselves, and shall endeavour not to make the existing arrangements more restrictive.

The Contracting Parties shall simplify to the maximum extent possible authorization and control formalities applicable to the conclusion and carrying out of capital transactions and transfers, and shall, in so far as is necessary, consult each other for the purpose of achieving such simplification.

CHAPTER III

COMMERCIAL POLICY

Article 53

1.  
The Contracting Parties shall consult each other in the Council of Association in order to achieve, during the transitional stage, the coordination of their commercial policies in relation to third countries, in particular in the fields mentioned in Article 113 (1) of the Treaty establishing the ►M8  European Community ◄ .

For this purpose, each Contracting Party shall, at the request of the other Party, furnish all relevant information on agreements which it concludes and which contain tariff or commercial provisions, as well as on changes which it makes in its external trade arrangements.

Where such agreements or changes might have a direct and particular effect on the functioning of the Association, there shall be appropriate consultation in the Council of Association in order to take into account the interests of the Contracting Parties.

2.  
At the end of the, transitional stage, the Contracting Parties, meeting in the Council of Association, shall coordinate their commercial policies more closely with the aim of achieving a commercial policy based on uniform principles.

Article 54

1.  
If the ►M8  European Community ◄ concludes an agreement of association or a preferential agreement having a direct and particular effect on the functioning of the Association, appropriate consultation shall take place in the Council of Association in order to enable the ►M8  European Community ◄ to take into account the mutual interests stated in the Agreement of Association between the ►M8  European Community ◄ and Turkey.
2.  
Turkey shall, where necessary to prevent barriers to the movement of goods within the ►M8  European Community ◄ , endeavour to take all appropriate measures for the solution of any practical problem which may arise in connection with trade between Turkey and countries linked to the ►M8  European Community ◄ by an association agreement or a preferential agreement.

Where such measures have not been taken, the Council of Association may adopt the necessary provisions for ensuring the proper functioning of the Association.

Article 55

Consultations shall take place in the Council of Association on the implementation of 'Regional Cooperation for Development’ (RCD).

The Council of Association may adopt any necessary provisions. These must not impede the proper functioning of the Association.

Article 56

In the event of a third State acceding to the ►M8  European Community ◄ , appropriate consultations shall take place in the Council of Association so as to ensure that account can be taken of the mutual interests of the ►M8  European Community ◄ and Turkey stated -in the Agreement of Association.

TITLE IV

GENERAL AND FINAL PROVISIONS

Article 57

The Contracting Parties shall progressively adjust the conditions for participation in contracts awarded by public authorities and public undertakings, and by private undertakings which have been granted special or exclusive rights, so that by the end of the period of twenty-two years there is no discrimination between nationals of Member States and nationals of Turkey established in the territory of the Contracting Parties.

The Council of Association shall determine the timetable and rules for this adjustment; when doing so it shall be guided by the solutions adopted by the ►M8  European Community ◄ in this field.

Article 58

In the fields covered by this Protocol:

— 
the arrangements applied by Turkey in respect of the ►M8  European Community ◄ shall not give rise to any discrimination between Member States, their nationals or their companies or firms;
— 
the arrangements applied by the ►M8  European Community ◄ in respect of Turkey shall not give rise to any discrimination between Turkish nationals or Turkish companies or firms.

Article 59

In the fields covered by this Protocol Turkey shall not receive more favourable treatment than that which Member States grant to one another pursuant to the Treaty establishing the ►M8  European Community ◄ .

Article 60

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

The Council of Association shall be notified immediately of those measures and of the rules for their application.

2.  
If serious disturbances occur in a sector of the economy of the ►M8  European Community ◄ or of one of more Member States, or prejudice the external financial stability of one or more Member States, or if difficulties arise which adversely affect the economic situation in a region of the ►M8  European Community ◄ , the ►M8  European Community ◄ may take, or authorize the Member State or States concerned to take, the necessary protective measures.

The Council of Association shall be notified immediately of such measures and of the rules for their application.

3.  
In the choice of measures to be taken in pursuance of paragraphs 1 and 2, preference shall be given to those which will least disturb the functioning of the Association. These measures shall not exceed what is strictly necessary to remedy the difficulties that have arisen.
4.  
Consultations may take place in the Council of Association on the measures taken in pursuance of paragraphs 1 and 2.

Article 61

Without prejudice to the special provisions of this Protocol, the transitional stage shall be twelve years.

Article 62

This Protocol and the Annexes thereto shall form an integral part of the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

Article 63

1.  
This Protocol shall be ratified by the Signatory States in accordance with their respective constitutional requirements and shall be validly concluded on behalf of the ►M8  European Community ◄ by. a decision of the Council, taken in accordance with the provisions of the Treaty establishing the ►M8  European Community ◄ ; the decision shall be notified to the Contracting Parties to the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

The instruments of ratification and the notification οf conclusion shall be exchanged at Brussels.

2.  
This Protocol shall enter into force on the first day of the month following the date of the exchange of the instruments of ratification and of the notification mentioned in paragraph 1.
3.  
If this Protocol does not enter into force at the beginning of a calendar year, the Council of Association may shorten or lengthen the periods laid down in this Protocol, in particular those in which free movement of goods is to be achieved, so that they may terminate at the end of a calendar year.

Article 64

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

In witness whereof, the undersigned Plenipotentiaries have signed this Additional Protocol.

Done at; Brussels on the twenty-third day of November in the year one thousand nine hundred and seventy.

For His Majesty the King of the Belgians,

Pierre HARMEL

For the President of the Federal Republic of Germany,

Walter SCHEEL

For the President of the French Republic,

Maurice SCHUMANN

For the President of the Italian Republic,

Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg,

Gaston THORN

For Her Majesty the Queen of the Netherlands,

J. M. A. H. LUNS

For the Council of the European Communities,

Walter SCHEEL

Franco Maria MALFATTI

For the President of the Republic of Turkey,

Ihsan SABRI ÇALAYANGÍL

ANNEXES

ANNEX No 1

on the treatment to be accorded to imports of petroleum products from Turkey into the ►M8  European Community ◄

Sole Article

1.  

Notwithstanding Articles 9 and 21 to 30 of the Additional Protocol, the products listed below and refined in Turkey shall be imported into the ►M8  European Community ◄ free of customs duties within the limit of an overall annual ►M8  European Community ◄ tariff quota of 200 000 metric tons:



CCT heading No

Description

27.10

Petroleum oils and oils:obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing not less than 70 % by weight of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations:

A.  Light oils:

III.  For other purposes

B.  Medium oils:

III.  For other purposes

C.  Heavy oils:

I.  Gas oil:

(c)  For other purposes

II.  Fuel oil:

(c)  For other purposes

III.  Lubricating oils; other oils:

(c)  To be mixed in accordance with the terms of Additional Note 7 to this Chapter ()

(d)  For other purposes

27.11

Petroleum gases and other gaseous hydrocarbons:

A.  Commercial propane and commercial butane:

III.  For other purposes

27.12

Petroleum jelly:

A.  Crude:

III.  For other purposes

B.  Other

27.13

Paraffin wax, micro-crystalline wax, slack wax, ozokerite, lignite wax, peat wax and other mineral waxes, whether or not coloured:

B.  Other:

I.  Crude:

(c)  For other purposes

II.  Other

27.14

Petroleum bitumen, petroleum coke and other residues of petroleum oils or of oils obtained from bituminous minerals:

C.  Other

(1)   

Entry under this subheading is subject to conditions to be determined by the competent authorities.

2.  

The ►M8  European Community ◄ shall be entitled to modify the arrangements set out in paragraph 1:

— 
when a common definition of origin is adopted for petroleum products from third States and associated countries;
— 
when decisions are taken within the context of a common commercial policy;
— 
when a common energy policy is established.

In such a case, the ►M8  European Community ◄ shall ensure that the imports referred to in paragraph 1 are accorded advantages equivalent to those provided for in that paragraph.

3.  
Consultations may take place in the Council of Association on the measures taken in pursuance of paragraph 2.
4.  
Where the ►M8  European Community ◄ does not adopt measures under paragraph 2 within three years, the Council of Association may review the size of the quota laid down in paragraph 1.
5.  
Apart from paragraphs 1 and 2 above, the Additional Protocol shall not affect rules applied to the importation of petroleum products.

ANNEX No 2

on the treatment to be accorded to imports of particular textile products from Turkey into the ►M8  European Community ◄

Article 1

1.  

Notwithstanding Article 9 of the Additional Protocol, the ►M8  European Community ◄ shall progressively abolish the duties in the Common Customs Tariff in respect of products imported from Turkey which are listed below, by four successive reductions, each of 25 %, over a twelve-year period. These reductions shall be made at the date of entry into force of the Additional Protocol, and four, eight and twelve years thereafter:



CCT heading No

Description

55.05

Cotton yarn, not put up for retail sale

55.09

Other woven fabrics of cotton

58.01

Carpets, carpeting and rugs, knotted (made up or not):

ex A.  Of wool of fine animal hair, excluding hand made carpets, carpeting and rugs

2.  
Nevertheless, for products imported from Turkey which fall within heading Nos 55.05 and 55.09, the ►M8  European Community ◄ shall, on the entry into force of the Additional Protocol make a reduction of 75 % of the Common Customs Tariff duties within the limit of annual ►M8  European Community ◄ Tariff quotas of 300 metric tons for heading No 55.05 and 1 000 metric tons for heading No 55.09.

Article 2

Notwithstanding Articles 21, 22, 23 and 24 of the Additional Protocol, the ►M8  European Community ◄ shall have the right to introduce new quantitative restrictions on imports from Turkey of the following products.



CCT heading No

Description

50.01

Silk-worm cocoons suitable for reeling

50.02

Raw silk (not thrown)

ANNEX No 3



List of products subject to the timetable of tariff reductions laid down in Article 11

Turkish Customs Tariff heading No

Description

15.05

 

Wool grease and fatty substances derived therefrom (including lanolin):

— 90

Other

15.09

 

Degras

15.10

 

Fatty acids; acid oils from refining; fatty alcohols:

— 10

Fatty -acids

15.11

 

Glycerol and glycerol lyes:

— 10

Glycerol

17.04

 

Sugar confectionery not containing cocoa:

— 90

Other

17.05

 

Flavoured or coloured sugars, syrups and molasses, but not including fruit juices containing added sugar in any proportion

18.06

 

Chocolate and other food preparations containing cocoa

19.02

 

Preparations of flour, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa

21.07

 

Food preparations not elsewhere specified or included

22.08

 

Ethyl-alcohol or neutral spirits, undenatured, of a strength of 80 % or higher; denatured spirits (including ethyl alcohol 'and neutral spirits) of any strength

24.02

 

Manufactured tobacco; tobacco extracts and essences

25.32

 

Strontianite (whether or not calcined), other than strontium oxide; mineral substances not elsewhere specified or included; broken pottery:

ex 90

Strontianite (whether or not calcined)

27.04

 

Coke and semi-coke of coal, of lignite or of peat:

— 21

Coke and semi-coke of coal

28.06

 

Hydrochloric acid and chlorosulphonic acid:

— 10

Hydrochloric acid

28.08

 

Sulphuric acid; oleum:

— 30

Oleum

28.15

 

Sulphides of non-metals; phosphorus trisulphide:

— 20

Carbon disulphide

28.17

 

Sodium hydroxide (caustic soda); potassium hydroxide (caustic potash); peroxides of sodium or potassium:

— 11.

Sodium hydroxide, chemically pure

— 12

Sodium hydroxide

28.20

 

Aluminium oxide and hydroxide; artificial corundum:

— 10

Aluminium oxide

— 20

Aluminium hydroxide

28.21

 

Chromium oxides and hydroxides

28.22

 

Manganese oxides:

— 10

Manganese dioxide

28.23

 

Iron oxides and hydroxides; earth colours containing 70 % or more by weight of combined iron evaluated as Fe2O3

28.27

 

Lead oxides; red lead and orange lead

28.30

 

Chlorides and oxychlorides:

— 30

Ammonium chloride

28.32

 

Chlorates and perchlorates

28.35

 

Sulphides; polysulphides:

— 20

Of sodium

28.37

 

Sulphites and thiosulphates

28.38

 

Sulphates (including alums) and persulphates:

— 31

Sodium sulphates

— 40

Aluminium sulphates

— 71

Iron sulphates

28.40

 

Phosphites, hypophosphites and phosphates:

— 11

| Sodium phosphates

28.42

 

Carbonates and percarbonates; commercial ammonium carbonate containing ammonium carbamate:

— 11

Sodium bicarbonate

— 12

Sodium percarbonate

— 13

Sodium carbonate (calcined)

— 14

Sodium carbonate (crystalline)

— 42

Precipitated calcium carbonate

28.45

 

Silicates; commercial sodium and potassium silicates:

— 10

Sodium

— 20

Potassium

28.47

 

Salts of metallic acids (for example, chromates, permanganates, stannates):

— 32

Sodium chromate

— 33

Potassium chromate

— 34

Lead chromate

— 35

Sodium dichromate

— 36

Potassium dichromate

28.54

 

Hydrogen peroxide (including solid hydrogen peroxide)

28.56

 

Carbides (for example, silicon carbide, boron carbide, metallic-carbides)

29.02

 

Halogenated derivatives of hydrocarbons:

— 30

Trichloroethylene

— 40

Carbon tetrachloride

— 60

Perchlorethylene

— 80

Chorofluoromethanes

— 90

Other

29.03

 

Sulphonated, nitrated or nitrosated derivatives of hydrocarbons (excluding xylene musk of heading 29.03.10)

29.04

 

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives:

— 10

Pentaerythritol

— 21

Pure methanol

__ 22

Butyl alcohol

— 23

Propyl alcohol and isopropyl alcohol

— 24

Stearyl and cetyl alcohol

— 25

Sorbitol, mannitol

— 26

Propylene glycol

— 39

Other

29.09

 

Epoxides, epoxyalcohols, expoxyphenols and poxyethers, with a three or four member ring and their halogenated, sulphonated, nitrated or nitrosated derivatives:

— 90

Other

29.14

 

Monoacids and their anhydrides, acid halides, acid peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives:

— 21

Acetic anhydride

— 22

Acetic acid other than acetic anhydride

— 30

Oleic acid

— 41

Formic acid

— 42

Sodium acetate

— 43

Aluminium acetate

— 46

Magnesium acetate

— 47

Butyl acetate

— 48

Ethyl stearate

— 49

Other

29.15

 

Polyacids and their anhydrides, acid halides, acid peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives:

— 51

Dioctyl phthalate

— 52

Dibutyl phthalate

— 53

Diethyl phthalate

— 54

Dimethylphthalate

29.16

 

Alcohol-acids, aldehyde-acids, ketone-acids, phenol-acids and other single or complex oxygen-function acids, and their anhydrides, acid halides, acid peroxides and peracids and their halogenated, sulphonated, nitrated or nitrosated derivatives:

— 41

Citric acid

— 53

Calcium gluconate

— 54

Calcium lactate

29.28

 

Diazo-, azo- and azoxy-compounds

29.33

 

Organo-mercury compounds

29.35

 

Heterocyclic compounds; nucleic acids:

— 30

Furfural dehyde (furfurol)

— 59

Other

29.43

 

Sugars, chemically pure, other than sucrose:

— 10

Glucose

— 20

Lactose

— 90

Other

30.03

 

Medicaments (including veterinary medicaments):

 

(b)  Other:

— 41

First category

— 42

Second category

— 43

Third category

32.03

 

Synthetic tanning substances, whether or not mixed with natural tanning materials; artifical bates for pre-tanning (for example, of enzymatic, pancreatic or bacterial origin)

32.05

 

Synthetic organic dyestuffs (including pigment dyestuffs); synthetic organic products of a kind used as luminophores; products of the kind known as optical -bleaching agents, substantive to the fibre; natural indigo (excluding natural indigo falling within subheading 32.05.10, synthetic organic products of a kind used as luminophores falling within subheading 32.05.30 and products of the kind known as optical bleaching agents, substantive to the fibre, falling within subheading 32.05.40)

32.06

 

Colour lakes

32.07

 

Other colouring matter; inorganic products of a kind used as luminophores:

— 22

Lithopone

32.09

 

Varnishes and lacquers; distempers; prepared water pigments of the kind used for finishing leather; paints and enamels; pigments in linseed oil, white spirit, spirits of turpentine, varnish or other paint or enamel media; stamping foils; dyes or other colouring matter in forms of packings of a kind sold by retail (excluding prepared water pigments of the kind used for finishing leather falling within subheading 32.09.22 and stamping foils falling within subheading 32.09.32)

32.13

 

Writing ink, printing ink and other inks:

— 19

Other printing inks

— 22

Concentrated writing inks

— 23

Copying and hectographic inks

— 24

Inks for ballpoint pens

— 25

Inks for duplicating machines and for impregnating ink pads or typewriter ribbons

33.06

 

Perfumery, cosmetics and toilet preparations

34.01

 

Soap, including medicated soap

34.02

 

Organic surface-active agents; surface-active preparations and washing preparations, whether or not containing soap

34.05

 

Polishes and creams, for footwear, furniture or floors, metal polishes, scouring powders and similar preparations, but excluding prepared waxes falling within heading No 34.04

35.06

 

Prepared glues not elsewhere specified or included; products suitable for use as glues put up for sale by retail as glues in packages not exceeding a net weight of 1 kg:

— 20

Other

36.05

 

Pyrotechnic articles (for example, fireworks, railway fog signals, amorces, rain rockets)

36.06

 

Matches, excluding Bengal matches

38.03

 

Activated carbon (decolourizing, depolarizing or adsorbent); activated diatomite, activated clay, activated bauxite and other activated natural mineral products (excluding other products falling within subheading 38.03.90)

38.05

 

Tall oil (liquid rosin)

38.12

 

Prepared glazings, prepared dressings and prepared mordants, of a kind used in the textile, paper, leather or like industries

39.01

 

Condensation, polycondensation and polyaddition products, whether or not modified or polymerised, and whether or not linear (for example, phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones), excluding other products falling within subheading 39.01.19, polyamides and superpolyamides falling within subheading 39.01.23 and other products ialling within subheading 39.01.29

39.02

 

Polymerization and copolymerization products (for example, polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumaroneindene resins):

 

—  Liquid or pasty products, including emulsions, dispersions and solutions:

— 12

Polyvinyl acetate

— 16

Polyacrylic and polymethacrylic derivatives

— 17

Coumarone-indene resins:

— 19

Other:

 

—  Blocks, lumps, powders (including moulding powders), granules, flakes and similar bulk forms, waste and scrap:

— 22

Polyvinyl acetate

— 26

Polyacrylic and polymethacrylic derivatives

— 27

Coumarone-indene resins

— 29

Other

 

—  Other:

— 32

Polyvinyl acetate

— 39

Other

39.03

 

Regenerated cellulose; cellulose nitrate, cellulose acetate and other cellulose esters, cellulose ethers and other chemical derivatives of cellulose, plasticized or not (for example, collodions, celluloid); vulcanized fibre:

 

—  Liquid or pasty products including emulsions, dispersions and solutions:

— 11

Collodions

 

—  Blocks, lumps, powders (including moulding powders), granules, flakes and similar bulk forms, waste and scrap:

— 22

Cellulose nitrate

— 23

Cellulose acetate

 

—  Other:

— 31

Regenerated cellulose

— 32

Vulcanized fibre

— 34

Cellulose acetate

39.07

 

Articles of materials of the kinds described in heading Nos 39.01 to 39.06

40.02

 

Synthetic rubber latex; prevulcanized synthetic rubber latex; synthetic rubber; factice derived from oils:

 

(a)  Synthetic rubber and latex intended for the manufacture and reconditioning (retreading) of tyres and inner tubes for transport vehicles of all types:

— 12

Synthetic latex

 

(b)  Other:

— 22

Synthetic latex

— 23

Factice derived from oils

40.09

 

Piping and tubing, of unhardened vulcanized rubber

40.13

 

Articles of apparel and clothing accessories (including gloves), for all purposes, of unhardened vulcanized rubber

40.14

 

Other articles of unhardened vulcanized rubber:

— 21

Erasers

41.10

 

Composition leather with a basis of leather or leather fibre, in slabs, in sheets or in rolls

42.01

 

Saddlery and harness, of any material (for example saddles, harness, collars, traces, knee-pads and boots), for any kind of animal

42.02

 

Travel goods (for example, trunks, suit-cases, hat-boxes, travelling-bags, rucksacks), shopping-bags, handbags, satchels, brief-cases, wallets, purses, toilet-cases, tool-cases, tobacco-pouches, sheaths, cases, boxes, (for example, for arms, musical instruments, binoculars, jewellery, bottles, collars, footwear, brushes) and similar containers of leather or of composition leather, of vulcanized fibre, of artificial plastic sheeting, of paperboard or of textile fabric

42.06

 

Articles made from gut (other than silk-worm gut), from goldbeater's skin, from bladders or from tendons

43.01

 

Raw furskins:

— 40

Caracul, Astrakhan

— 90

Other

43.02

 

Furskins, tanned or dressed, including furskins assembled in plates, crosses and similar forms; pieces or cuttings of furskin, tanned or dressed including heads, paws, tails and the like (not being fabricated)

43.03

 

Articles of furskin

43.04

 

Artificial fur and articles made thereof

44.11

 

Drawn wood; match splints; wooden pegs or pins for footwear

44.15

 

Plywood, blockboard, laminboard, battenboard and similar laminated wood products (including veneered panels and sheets); inlaid wood and wood marquetry:

— 20

Plywood or inlaid wood or wood marquetry

44.16

 

Cellular wood panels, whether or not faced with base metal

44.17

 

‘Improved’ wood, in sheets, blocks or the like

44.18

 

Reconstituted wood, being wood shavings, wood chips, sawdust, wood flour or other ligneous waste agglomerated with natural or artificial resins or other organic binding substances, in sheets, blocks or the like-

44.23

 

Builders carpentry and joinery (including prefabricated and sectional buildings and assembled parquet flooring panels)

44.25

 

Wooden tools, tool bodies, tool handles, broom and brush bodies and handles; boot and shoe lasts and trees, of wood:

— 10

Boot and shoe lasts and trees

44.28

 

Other-articles of wood

45.03

 

Articles of natural cork

45.04

 

Agglomerated cork (being cork agglomerated with or without a binding substance) and articles of agglomerated cork

47.01

 

Pulp derived by mechanical or chemical means from any fibrous vegetable material

48.01

 

Paper and paperboard (including cellulose wadding), machine-made, in rolls or sheets:

 

(b)  Paper containing 70 % or more of wood pulp weighing between 50 and 55 g/m2, inclusive

— 21

Nesprint

— 29.

Other

— 40

Printing and writing paper

— 50

Kraft paper

 

(f)  Other:

— 61

Ordinary wrapping paper weighing 30 g/m2 or less

— 62

Ordinary wrapping paper weighing more than 30 g/m2

— 63

Cigarette paper

— 64

Blotting paper

— 67

Paperboard in rolls for the manufacture of cards for card-punching machines

— 68

Paperboard

48.02

 

Hand-made paper and paperboard

48.03

 

Parchment or greaseproof paper and paperboard, and imitations thereof, and glazed transparent paper, in rolls or sheets

48.04

 

Composite paper or paperboard (made by sticking flat layers together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets

48.05

 

Paper and paperboard, corrugated (with or without flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets

48.06

 

Paper and paperboard, ruled, lined or squared, but not otherwise printed, in rolls or sheets

48.07

 

Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed (not being merely ruled, lined or squared and not constituting printed matter within Chapter 49), in-rolls or sheets

48.09

 

Building board of wood pulp or of vegetable fibre, whether or not bonded with natural or artificial resins or with similar binders

48.10

 

Cigarette paper, cut to size, whether or not in the form of booklets or tubes

48.11

 

Wallpaper and lincrusta; window transparencies of paper

48.12

 

Floor coverings prepared on a base of paper or paperboard,: whether or not cut to size, with or without a coating of linoleum compound

48.13

 

Carbon and other copying papers (including duplicator- stencils) and transfer papers, cut to size, whether or not put up in boxes

48.14

 

Writing blocks, envelopes, letter cards, plain postcards, correspondence cards; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing only an assortment of paper stationery

48.15

 

Other paper and paperboard, cut to size or shape (excluding filter paper falling within subheading 48.15.30)

48.16

 

Boxes, bags and other packing containers, of paper or paperboard

48.17

 

Box files, letter trays, storage boxes and similar articles, of paper or paperboard, of a kind commonly used in offices, shops and the like

48.18

 

Registers, exercise books, note books, memorandum blocks, order books, receipt books, diaries, blotting-pads, binders (loose-leaf or other), file covers and other stationery of paper or paperboard; sample and other albums and book covers, of paper or paperboard

48.19

 

Paper or paperboard labels, whether or not printed or gummed

48.20

 

Bobbins, spools, cops and similar supports of paper pulp, paper or | paperboard (whether or not perforated or hardened)

48.21

 

Other articles of paper pulp, paper, paperboard or cellulose wadding:

— 31

Cards for card punching machines

— 39

Other

49.08

 

Transfers (Decalcomanias)

49.09

 

Picture postcards, Christmas and other picture greeting cards, printed by any process, with or without trimmings

49.10

 

Calendars of any kind, of paper or paperboard, including calendar blocks

50.04

 

Silk yarn, other than yarn of noil or other waste silk, not put up for retail sale

50.05

 

Yarn spun from silk waste other than noil, not put up for retail sale

50.06

 

Yarn spun from noil silk, not put up for retail sale

50.07

 

Silk yarn and yarn spun from noil or other waste silk, put up for retail sale

50.09

 

Woven fabrics of silk or of waste silk other than noil

50.10

 

Woven fabrics of noil silk

51.01

 

Yarn of man-made fibres (continuous), not put up for retail sale:

 

(b)  60 denier or less:

 

—  Synthetic yarn:

— 23

With vinyl base

— 24

With acrylic base

— 25

With polypropylene base

— 29

Other

 

—  Regenerated yarns:

— 31

Viscose rayon

— 32

Acetate rayon

— 33

Regenerated yarns with a protein base

— 39

Other

 

(c)  Greater than 60 denier:

 

—  Synthetic yarns:

— 43

With vinyl base

— 44

With acrylic base

— 45

With propylene base

— 49

Other

 

—  Regenerated yarns:

— 51

Viscose rayon

— 52

Acetate rayon

— 53

Regenerated yarns with a protein base

— 59

Other

51.02

 

Monofil, strip (artificial straw and the like) and imitation catgut, of man-made fibre materials

51.03

 

Yarn of man-made fibres (continuous), put up for retail sale:

 

(b)  Other:

— 21

Regenerated yarns

— 22

Synthetic yarns

51.04

 

Woven fabrics of man-made fibres (continuous), including woven fabrics of monofil or strip of heading No 5;1.01 or 511.02 (excluding woven fabrics of synthetic fibres (continuous) intended for the manufacture of inner tubes and tyres for transport vehicles of all kinds, falling within heading 51.04.11)

54.05

 

Woven fabrics of flax or of ramie

56.01

 

Man-made fibres (discontinous), not carded, combed or otherwise prepared for spinning (excluding synthetic fibres with polyamide base of heading 56.01.11, with polyester base of heading 56.Ό1.42 and with acrylic base of heading 56.01.14)

56.02

 

Continuous filament tow for the manufacture of man-made fibres (discontinuous)

— 20

Regenerated

56.03

 

Waste (including yarn waste and pulled or garnetted rags) of man-made fibres (continuous or discontinuous), not carded, combed or otherwise prepared for spinning

56.04

 

Man-made fibres (discontinuous or waste), carded, combed or otherwise prepared for spinning (excluding fibres and waste of synthetic textile fibres with a polyamide base of heading 56.04.11 and a polyester base of heading 56.04.12 and an acrylic base of heading 56.04.14)

56.05

 

Yarn of man-made fibres (discontinuous or waste), not put up for retail sale

56.06

 

Yarn of man-made fibres (discontinuous or waste), put up for retail sale

56.07

 

Woven fabrics of man-made fibres (discontinuous or waste)

57.05

 

Yarn of true hemp

57.08

 

Paper yarn

57.09

 

Woven fabrics of true hemp

57.11

 

Woven fabrics of other vegetable textile fibres

57,12

 

Woven fabrics of paper yarn

58.02

 

Other carpets, carpeting, rugs, mats and matting, and ‘Kelem’, ‘Schumacks’ and ‘Karamanie’ rugs and the like (made up or not):

— 10

Carpets, carpeting and rugs, mechanically made

58.04

 

Woven pile fabrics and chenille fabrics (other than terry towelling on similar terry fabrics of cotton falling within heading No 55.08 and fabrics falling within heading No 58.05):

— 20

Of silk

— 40

Of synthetic fibres

— 50

Of regenerated fibres:

58.08

 

Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), plain:

— 20

Of synthetic fib-res

58.09

 

Tulle and other net fabrics (but not including woven, knitted or crocheted fabrics), figured; hand or mechanically made lace, in the piece, in strips or in motifs

58.10

 

Embroidery, in the piece, in strips or in motifs

59.03

 

Boned fibre fabrics, similar bonded yarn fabrics, and articles of such fabrics, whether or not impregnated or coated

59.08

 

Textile fabrics impregnated or coated with preparations of cellulose derivatives or of other artificial plastic materials

59.10

 

Linoleum and materials prepared on a textile base in a similar manner to linoleum, whether or not cut to shape or of a kind used as floor coverings; floor coverings consisting of a coating applied on a textile base, cut to shape or not

59.11

 

Rubberized textile fabrics, other than rubberized knitted or crocheted goods

59.13

 

Elastic fabrics and trimmings (other than knitted or crocheted goods) consisting of textile materials combined with rubber threads

60.01

 

Knitted or crocheted fabric, not elastic or rubberized

60.02

 

Gloves, mittens and mitts, knitted or crocheted, not elastic or rubberized

60.03

 

Stockings, under stockings, socks, ankle-socks, sockettes and the like, knitted or crocheted, not elastic or rubberized

60.04

 

Under garments, knitted or crocheted, not elastic or rubberized

60.05

 

Outer garments and other articles, knitted or crocheted, not elastic or. rubberized

60.06

 

Knitted or crocheted fabric and articles thereof, elastic or rubberized (including elastic krree-caps and elastic stockings)

61.01

 

Men’s and boys’ outer garments

61.02

 

Women’s, girls’ and infants’ outer garments

61.03

 

Men's and boys' under garments, including collars, shirt fronts and cuffs

61.04

 

Women’s, girls’ and infants’ under garments

61.05

 

Handkerchiefs

61,06

 

Shawls, scarves, mufflers, mantillas, veils, and the like

61,07

 

Ties, bow ties and cravats

61.08

 

Collars, tuckers, fallals, bodice-fronts, jabots, cuffs, flounces, yokes and similar accessories and trimmings for women’s and girls’ garments

61.09

 

Corsets, corset-belts, suspender-belts, brassières, braces, suspenders, garters and the like (including such articles of knitted or crocheted fabric), whether or not elastic-

61.10

 

Gloves, mittens, mitts, stockings, socks and sockettes not being knitted or crocheted goods

61.11

 

Made up accessories for articles of apparel (for example, dress shields, shoulder and other pads, belts, muffs, sleeve protectors, pockets)

62.05

 

Other made up textile articles (including dress patterns)

65.01

 

Hat-forms, hat bodies and hoods of felt, neither blocked to shape nor with made brims; plateaux and manchons (including slit manchons), of felt

65.02

 

Hat-shapes, plaited or made from plaited or other strips of any materials, neither blocked to shape nor with made brims

65.03

 

Felt hats and other felt headgear, being headgear made from the felt hoods and plateaux falling within heading No 65.01 whether or not lined, or trimmed

65.04

 

Hats and other headgear, plaited or made from plaited or other strips of any material, whether or not lined or trimmed

65.05

 

Hats and other headgear (including hair nets), knitted or crocheted, or made up from lace, felt or other textile fabric in the piece (but not from strips), whether or not lined or trimmed

65.06

 

Other headgear, whether or not lined or trimmed

65.07

 

Head-bands, linings, covers, hat foundations, hat frames (including spring frames for opera hats), peaks and chinstraps, for headgear

66.01

 

Umbrellas and sunshades (including walking-stick umbrellas, umbrella tents, and garden and similar umbrellas)

66.03

 

Parts, fittings, trimmings and accessories of articles falling within heading No 66.01 or 66.02

67.01

 

Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than goods falling within heading No 05.07 and worked quills and scapes)

67.02

 

Artificial flowers, foliage or fruit and parts thereof, articles made of artificial flowers, foliage or fruit

67.04

 

Wigs, false beards, hair pads, curls, switches and the like, of human or animal hair or of textiles; other articles of human hair (including hair nets)

67.05

 

Fans and hand screens, non-mechanical, of any material; frames and handles therefor and parts of such frames and handles, of any material

68.04

 

Millstones, grindstones, grinding wheels and the like (including grinding, sharpening, polishing, trueing and cutting wheels, heads, discs and points), of natural stone (agglomerated or not), of agglomerated natural or artificial abrasives, or of pottery, with or without cores, shanks, sockets, axles and the like of other materials, but not mounted on frameworks; segments and other finished parts of such stones and wheels, of natural stone (agglomerated or not), of agglomerated natural or artificial abrasives, or of pottery:

— 20

Other

68.06

 

Natural or artificial abrasive powder or grain, on a base of woven fabric, of paper, of paperboard or of other materials, whether or not cut to shape or sewn or otherwise made up:

— 90

Other

68.07

 

Slag wool, rock wool and similar mineral wools; exfoliated vermiculite, expanding clays, foamed slag and similar expanded mineral materials; mixtures and articles of heat-insulating, sound-insulating, or sound-absorbing mineral materials, other than those falling in heading No 68.12 or-68.13 or in Chapter 69

68.08

 

Articles of asphalt or of similar material (for example, of petroleum bitumen or coal tar pitch)

68.11

 

Articles of cement (including slag cement), of concrete or of artificial stone (including granulated marble agglomerated with cement), reinforced or not

68.13

 

Fabricated asbestos and articles thereof (for example, asbestos board, thread and fabric; asbestos clothing, asbestos jointing), reinforced or not, other than goods falling within heading No 68.14; mixtures with a basis of asbestos and mixtures with a basis of asbestos and magnesium carbonate, and articles of such mixtures

68.16

 

Articles of stone or of other mineral substances (including articles of peat), not elsewhere specified or included:

— 20

Fired bricks made of dolomite agglomerated with tar

69.11

 

Tableware and other articles of a kind commonly used for domestic or toilet purposes, of porcelain or china (including biscuit porcelain and parian)

69.12

 

Tableware and other articles of a kind commonly used for domestic or toilet purposes, of other kinds of pottery

69.13

 

Statuettes and other ornaments, and articles of personal adornment; articles of furniture

69.14

 

Other articles

70.02

 

Glass of the variety known as ‘enamel’ glass, in the mass, rods and tubes

70.03

 

Glass in balls, rods and tubes, unworked (not being optical glass)

70.04

 

Unworked cast or rolled glass (including flashed or wired glass), whether figured or not, in rectangles

70.05

 

Unworked drawn or blown glass (including flashed glass), in rectangles:

— 20

Drawn or blown glass, coloured, opacified, striped or ribbed

— 30

Other

70.06

 

Cast, rolled, drawn or blown glass (including flashed or wired glass), in rectangles, surface ground or polished, but not further worked

70.07

 

Cast, rolled, drawn or blown glass (including flashed or wired glass) cut to shape other than rectangular shape, or bent or otherwise worked (for example, edge worked or engraved), whether or not surface ground or polished; multiple-walled insulating glass; leading lights and the like

70.08

 

Safety glass consisting of toughened or laminated glass, shaped or not

70.13

 

Glassware (other than articles falling within heading No 70.19) of a kind commonly used for table, kitchen, toilet or office purposes, for indoor decoration, or for similar uses

70.14

 

Illuminating glassware, signalling glassware and optical elements of glass, not optically worked or of optical glass

70.15

 

Clock and watch glasses and similar glasses (including glass of a kind used for sunglasses but excluding glass suitable for corrective lenses), curved, bent, hollowed and the like; glass spheres and segments of spheres, of a | kind used for the manufacture of clock and watch glasses and the like

70.16

 

Bricks, tiles, slabs, paving blocks, squares and other articles of pressed or moulded glass, of a kind commonly used in building; multicellular glass in blocks, slabs, plates, panels and similar forms

70.19

 

Glass beads, imitation pearls, imitation precious and semi-precious stones, fragments and chippings, and similar fancy or decorative glass smallwares, and articles of glassware made therefrom; glass cubes and small glass plates, whether or not on a backing, for mosaics and similar decorative purposes; artificial eyes of glass, including those for toys but excluding those for wear by humans; ornaments and other fancy articles of lamp-worked glass; glass grains (ballotini)

70.20

 

Glass fibre (including wool), yarns, fabrics and articles made therefrom:

— 11

Glass wool

— 20

Felt of glass fibre

71.01

 

Pearls, unworked or worked, but not mounted, set or strung (except ungraded pearls temporarily strung for convenience of transport)

71.02

 

Precious and semi-precious stones, unworked, cut or otherwise worked, but not mounted, set or strung (except ungraded stones temporarily strung for convenience of transport), excluding industrial diamonds of subheading 71.02.10

71.03

 

Synthetic or reconstructed precious or semi-precious stones, unworked, cut or otherwise worked, but not mounted, set or strung (except ungraded stones temporarily strung for convenience of transport)

71.06

 

Rolled silver, unworked or semi-manufactured

71.10

 

Rolled platinum or other platinum group metals, on base metal or precious metal, unworked or semi-manufactured

71.12

 

Articles of jewellery and parts thereof; of precious metal or rolled precious metal

71.13

 

Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of precious metal or rolled precious metal, other than goods falling within heading No 71.12

71.14

 

Other articles of precious metal or rolled precious metal

71.15

 

Articles consisting of, or incorporating, pearls, precious or semi-precious stones (natural, synthetic or reconstructed)

71.16

 

Imitation jewellery

73.02

 

Ferro-alloys (excluding ferro-manganese of subheading 73.02.21)

73.07

 

Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel; pieces roughly shaped by forging, or iron or steel:

— 90

Other

73.10

 

Bars and rods (including wire rod), of iron or steel, hot-rolled, forged, extruded, cold-formed or cold-finished (including precision-made); hollow mining drill steel:

 

—  Bars and rods, hot-rolled, forged or extruded:

 

—  Bars of angular cross-section:

ex 49

Other (excluding ECSC products)

 

—  Bars and rods, cold-formed or cold-finished:

— 51

Bars of circular cross-section

— 52

Bars of angular cross-section

— 59

Other

73.14

 

Iron or steel wire, whether or not coated, but not insulated

73.17

 

Tubes and pipes, of cast iron

73.18:

 

Tubes and pipes and blanks therefor, of iron (other than of cast iron) or steel, excluding high pressure hydro-electric conduits:

 

—  Tubes and pipes, not coated, seamless:

— 11

With an internal diameter of less than 1 inch

— 12

With an internal diameter of 1 inch or more up to but not including 2.5 inches

— 13

With an internal diameter of 2.5 inches up to but not including 6 inches

— 14

With an internal diameter of 6 inches or more

 

—  Tubes and pipes, coated, seamless:

— 31

With an internal diameter of less than 1 inch

— 32

With an internal diameter of 1 inch or more up to but not including 2.5 inches

— 33

With an internal diameter of 2.5 inches or more up to but not including 6 inches

— 34

With an internal diameter of 6 inches or more

73.19

 

High-pressure hydro-electric conduits of steel, whether or not reinforced

73.20

 

Tube and pipe fittings (for example, joints, elbows, unions and flanges) of iron or steel

73.21

 

Structures, complete or incomplete, whether or not assembled, and parts of structures (for example, hangars and other buildings, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, door and window frames, shutters, balustrades, pillars and colums), of iron or steel; plates, strip, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel

73.22

 

Reservoirs, tanks, vats and similar containers, for any material, of iron or steel, of a capacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment

73.24

 

Compressed gas cylinders and similar pressure containers, of iron or steel

73.25

 

Stranded wire, cables, cordage, ropes, plaited bands, slings and the like, of iron or steel wire, but excluding insulated electric cables (excluding plaited bands of iron or steel wire)

73.26

 

Barbed iron or steel wire; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of kinds used for fencing, of iron or steel

73.27

 

Gauze, cloth, grill, netting, fencing, reinforcing fabric and similar materials, of iron or steel wire-

73.28

 

Expanded metal, of iron or steel

73.29

 

Chain and parts thereof, of iron or steel:

— 11

Transmission chains

— 91

Parts of chains

73.32

 

Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, and screws (including screw hooks and screw rings), of iron or steel; rivets, cotters, cotter-pins, washers and spring washers of iron or steel

73.33

 

Needles for hand sewing (including embroidery), hand carpet needles and hand knitting needles, bodkins, crochet hooks, and the like, and. embroidery stilettos, of iron or steel, including blanks

73.36

 

Stoves (including stoves with subsidiary boilers for central heating), ranges, cookers, grates, fires and other space heaters, gas-rings, plate warmers with burners, wash boilers with grates or other heating elements, and similar equipment, of a kind used for domestic purposes, not electrically operated, and parts thereof, of iron or steel

73.37

 

Boilers (excluding steam-generating boilers of heading No 84.01) and radiators, for central heating, not electrically heated, and parts thereof, of iron or steel; air-heaters and hot air distributors (including those which can also distribute cool or conditioned air), not electrically heated, incorporaitng a motor-driven fan or blower, and parts thereof, of iron or steel

73.38

 

Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of iron or steel

73.40

 

Other articles of iron or steel:

— 10

Other articles of cast iron

ex 20

Other articles of iron or steel (excluding acmonital)

74.10

 

Stranded wire, cables, cordage, ropes, plaited bands and the like, of copper wire, but excluding insulated electric wires and cables

74.15

 

Bolts and nuts (including bolt ends and screw studs), whether or not threaded or tapped, and screws (including screw hooks and screw rings), of copper; rivets, cotters, cotter-pins, washers and spring washers, of copper:

— 10

Bolts and nuts

— 20

Screws

74.19

 

Other articles of copper

75.06

 

Other articles of nickel

76.01

 

Unwrought aluminium; aluminium waste and scrap

76.02

 

Wrought bars, rods, angles, shapes and sections, of aluminium; aluminium wire

76.03

 

Wrought plates, sheets and strip, of aluminium

76.04

 

Aluminium foil (whether or not embossed, cut to shape, perforated, coated, printed, or backed with paper or other reinforcing material), of a thickness (excluding any backing) not exceeding 0.20 mm

76.06

 

Tubes and pipes and blanks therefor, of aluminium; hollow bars of aluminium

76.07

 

Tube and pipe fittings (for example, joints, elbows, sockets and flanges); of aluminium

76.08

 

Structures and parts of structures (for example, hangars and other buildings, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, door and window frames, balustrades, pillars and columns), of aluminium; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of aluminium

76.09

 

Reservoirs, tanks, vats and similar containers, for any material, of aluminium, of a capacity exceeding 300 litres, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment

76.10

 

Casks, drums, cans, boxes and similar containers (including rigid and collapsible tubular containers), of aluminium, of a description commonly used for the conveyance or packing of goods

76.11

 

Containers, of aluminium, for compressed or liquefied gas

76.12

 

Stranded wire, cables, cordage, ropes, plaited bands and the like, of aluminium wire, but excluding insulated electric wires and cables

76.13

 

Gauze, cloth, grill, netting, reinforcing fabric and similar materials, of aluminium wire

76.14

 

Expanded metal, of aluminium

76.15

 

Articles of a kind commonly used for domestic purposes, sanitary ware for indoor use, and parts of such articles and ware, of aluminium

76.16

 

Other articles of aluminium

77.01

 

Unwrought magnesium; magnesium waste (excluding shavings of uniform size) and scrap

77.02

 

Wrought bars, rods, angles, shapes and sections, of magnesium; magnesium wire; wrought plates, sheets and strip, of magnesium; magnesium foil; raspings and shavings of uniform size; powders and flakes, of magnesium; tubes and pipes and blanks therefor, of magnesium; hollow bars of magnesium

77.03

 

Other articles of magnesium

77.04

 

Beryllium, unwrought or wrought, and articles of beryllium

82.02

 

Saws (non-mechanical) and blades for hand or machine saws (including toothless saw blades):

— 20

Band saw blades

— 30

Circular saw blades (including circular saw blades for milling saws)

82.05

 

Interchangeable tools for hand tools, for machine tools or for power-operated hand tools (for example, for pressing, stamping, drilling, tapping, threading, boring, broaching, milling, cutting, turning, dressing, morticing or screw driving), including dies for wire-drawing, extrusion dies for metal, and rock drilling bits:

— 20

Milling tools

82.06

 

Knives and cutting blades, for machines or for mechanical appliances

82.07

 

Tool-tips and plates, sticks and the like for tool-tips, unmounted, of sintered metal carbides (for example, carbides of tungsten, molybdenum or vanadium)

82.09

 

Knives with cutting blades, serrated or not (including pruning knives), other than knives falling within heading No 82.06

82.10

 

Knife blades falling within heading No 82.09

82.12

 

Scissors (including tailors shears), and blades therefor

82.13

 

Other articles of cutlery (for example, secateurs, hair clippers, butchers’ cleavers, paper knives); manicure and chiropody sets and appliances (including nail files):

— 10

Manicure and chiropody sets

82.14

 

Spoons, forks, fish-eaters, butter-knives, ladles, and similar kitchen or tableware

82.15

 

Handles of base metal for articles falling within heading Nos 82.09, 82.13 or 82.14

83.01

 

Locks and padlocks (key, combination or electrically operated), and parts thereof, of base metal; frames incorporating locks, for handbags, trunks or the like, and parts of such frames, of base metal; keys for any of the foregoing articles, finished or not, of base metal

83.02

 

Base metal fittings and mounting of a kind suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, caskets and the like (including automatic door closers); base metal hat-racks, hat pegs, brackets and the like

83.03

 

Safes, strong-boxes, armoured or reinforced strong-rooms, strong-room linings and strong-room doors, and cash and deed boxes and the like, of base metal

83.04

 

Filing cabinets, racks, sorting boxes, paper trays, paper rests and similar office equipment, of base metal, other than office furniture falling within heading No 94.03

83.05

 

Fittings for loose-leaf binders, for files or for stationery books, of base metal; letter clips, paper clips, staples, indexing tags, and similar stationery goods, of base metal

83.06

 

Statuettes and other ornaments of a kind used indoors, of base metal

83.07

 

Lamps and lighting fittings, of base metal, and parts thereof, of base metal (excluding switches, electric lamp holders, electric lamps for vehicles, electric battery or magneto lamps, and other articles falling within Chapter 85, except heading No 85.22), (excluding miners’ lamps falling within subheading No 83.07.10)

83.10

 

Beads and spangles, of base metal

83.11

 

Bells and gongs, non-electric, of base metal, and parts thereof of base metal

83.12

 

Photograph, picture and similar frames, of base metal; mirrors of base metal

84.02

 

Auxiliary plant for use with steam and other vapour generating boilers (for example, economizers, superheaters, soot removers, gas recoverers and the like); condensers for vapour engines and power units:

— 10

Economizers, air preheaters

— 20

Superheaters, de-superheaters

— 30

Steam accumulators and heat accumulators

— 40

Other

84.03:

 

Producer gas and water gas generators, with or without purifiers; acetylene gas generators (water process) and similar gas generators, with or without purifiers

84.06

 

Internal combustion piston engines (excluding aircraft engines of subheading 84.06.11 and outboard motors of subheading 84.06.14)

84.07

 

Hydraulic engines and motors {including water wheels and water turbines):

 

—  Water turbines:

— 11

Pelton type

— 12

Francis type

84.09

 

Mechanically propelled road rollers

84.10

 

Pumps (including motor pumps and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band and similar kinds (excluding delivery pumps equipped with a measuring and price calculating mechanism falling within subheading No 84.10.11 and delivery pumps equipped with a measuring mechanism falling within subheading No 84.10.12)

84.11

 

Air pumps, vacuum pumps and air or gas compressors (including motor and turbo pumps and compressors, and free-piston generators for gas turbines); fans, blowers and the like

84.12

 

Air conditioning machines, self-contained, comprising a motor-driven fan and elements for changing the temperature and humidity of air (excluding machines of a weight of 100 kg or less falling within subheading No 84.12.10)

84.13

 

Furnace burners for liquid fuel (atomizers), for pulverised solid fuel or for gas; mechanical stokers, mechanical grates, mechanical ash dischargers and similar appliances:

— 19

Other furnace burners

— 20

Mechanical stokers, mechanical grates, mechanical ash dischargers and the like

84.14

 

Industrial and laboratory furnaces and ovens, non-electric

84.16

 

Calendering and similar rolling machines (other than metal-working and metal-rolling machines and glass-working machines) and cylinders therefor

84.17

 

Machinery, plant and similar laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vapourizing, condensing or cooling, not being machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electrical:

 

(a)  Pasteurizing and sterilizing apparatus and parts therefor:

— 11

Pasteurizers

— 12

Sterilizers

— 15

Parts

 

(b)  Other:

ex 29

Other (excluding apparatus for the production of deuterium and its compounds)

— 35

Parts

84.18

 

Centrifuges; filtering and purifying machinery and appartus (other than filter funnels, milk strainers and the like), for liquids or gases:

— 30

Machinery and certain apparatus for filtering or purifying liquids

84.20

 

Weighing machinery (excluding balances of a sensitivity of 5 centigrams or better), including weight-operated counting and checking machines; weighing machine weights of all kinds (excluding weights for sensitive balances falling within subheading No 84.20.31)

84.21

 

Mechanical appliances (whether or not hand operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers (charged or not); spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines (excluding fire extinguishers of subheading No 84.21.24)

84.22

 

Lifting, handling, loading or unloading machinery, telphers and conveyors (for example, lifts, hoists, winches, cranes, transporter cranes, jacks, pulley tackle, belt conveyors and teleferics), not being machinery falling within heading No 84.23 (excluding mechanical manipulators designed for handling radio-active substances, falling within subheading ex No 84.22.90)

84.24

 

Agricultural and horticultural machinery for soil preparation or cultivation (for example, ploughs, harrows, cultivators, seed and fertilizer distributors); lawn and sports ground rollers

84.25

 

Harvesting and threshing machinery; straw and fodder presses; hay or grass mowers; winnowing and similar cleaning machines for seed, grain or leguminous vegetables and egg-grading and other grading machines for agricultural produce (other than those of a kind used in the bread grain milling industry falling within heading No 84.29):

— 10

Mowers for cutting hay, etc.

— 15

Mowers with windrow attachments

— 20

Harvesting machines

— 30

Threshers

— 35

Straw and fodder presses

— 40

Pick-up balers

— 45

Lawn mowers

 

—  Parts:

— 92

For threshers

84.30

 

Machinery not falling within any other heading of this Chapter, of a kind used in the following food or drink industries: bakery, confectionery, chocolate manufacture macaroni, ravioli or similar cereal food manufacture, the preparation of meat, fish, fruit or vegetables (including mincing or slicing machines), sugar manufacture or brewing:

— 60

Machinery for the brewing industry

84.31

 

Machinery for making or finishing cellulosic pulp, paper or paperboard

84.36

 

Machines for extruding man-made textiles; machines of a kind used for processing natural or man-made textile fibres; textile spinning and twisting machines; textile doubling, throwing and reeling (including weft-winding) machines (excluding machines for extruding man-made fibres by means of the pressure and spray processes falling within subheading No 84.36.10, and machines for beating, carding, tearing and cleaning falling within subheading No 84.36.25)

84.37

 

Weaving machines, knitting machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net; machines for preparing yarns for use on such machines, including warping and warp sizing machines (excluding knitting machines falling within subheading No 84.37.21 and machines for making tulle falling within subheading No. 84.37.22)

84.38

 

Auxiliary machinery for use with machines of heading No 84.37 (for example, dobbies, jacquards, automatic stop motions and shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of the present heading or with machines falling within heading No 84.36 or 84.37 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-lifters and hosiery needles), excluding reeds for looms falling within subheading No 84.38.40 and metallic healds falling within subheading No 84.38.60

84.43

 

Converters, ladles, ingot moulds and casting machines, of a kind used in metallurgy and in metal foundries:

— 10

Converters

84.44

 

Rolling mills and rolls therefor:

 

—  Parts:

— 91

Rolls for rolling mills

— 99

Other

84.45

 

Machine-tools for working metal or metal carbides, not being machines falling within heading No 84.49 or 84.50 (excluding automatic lathes of subheading No 84.45.11, grinding machines of subheading No 84.45.45, milling machines of subheading No 84.45.20 and drawing machines of subheading No 84.45.85)

84.47

 

Machine-tools for working wood, cork, bone, ebonite (vulcanite), hard artificial plastic materials or other hard carving materials, other than machines falling within heading No 84.49

84.50

 

Gas-operated welding, brazing, cutting and surface tempering appliances (excluding surface tempering appliances of subheading No 84.50.20)

84.56

 

Machinery for sorting, screening, separating, washing, crushing, grinding or mixing earth, stone, ores or other mineral substances, in solid (including powder and paste) form; machinery for agglomerating, moulding or shaping solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand:

 

(b)  Other:

— 29

Other

 

(c)  Miscellaneous parts:

— 99

Other

84.59

 

Machines and mechanical appliances, having individual functions, not falling within any other heading of this Chapter (excluding machines for the manufacture of clay articles, falling within subheading No 84.59.10, nuclear reactors of subheading No 84.59.20, machines for the manufacture of cigarettes and cigars, falling within subheading No 84.59.32, machines for winding on spools of subheading No 84.59.42, machines for the manufacture of brushes falling within subheading No 84.59.43, pump type automatic machine greasers of subheading No 84.59.45)

84.60

 

Moulding boxes for metal foundry, moulds of a type used for metal (other than ingot moulds), for metallic carbides, for glass, for mineral materials (for example, ceramic pastes, concrete or cement) or for rubber or artificial plastic materials

84.61

 

Taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats and the like, including pressure reducing valves and thermostatically controlled valves

84.63

 

Transmission shafts, cranks, bearing housings, plain shaft bearings, gears and gearing (including friction gears and gear-boxes and other variable speed gears), flywheels, pulleys and pulley blocks, clutches and shaft couplings

85.01

 

Electrical goods of the following descriptions: generators, motors, converters (rotary or static), transformers, rectifiers and rectifying apparatus, inductors (excluding electrical generators of more -than 100 kVA of subheading No 85.01.40)

85.05

 

Tools for working in the hand, with self-contained electric motor.

85.07

 

Shavers and hair clippers, with self-contained electric motor

85.08

 

Electrical starting and ignition equipment for internal combustion engines (including ignition magnetos, magneto-dynamos, ignition coils, starter motors, sparking plugs and glow plugs); dynamos and cut-outs for use in conjunction therewith (excluding cut-outs falling within subheading No 85.08.10 and sparking plugs falling within subheading No 85.08.20)

85.09

 

Electrical lighting and signalling equipment and electrical windscreen wipers, defrosters and demisters, for cycles or motor vehicles (excluding horns, siren and other electrical sound signalling appliances of subheading No 85.09.13)

85.11

 

Industrial and laboratory electric furnaces, ovens and induction and dielectric heating equipment; electric welding, brazing and soldering machines and apparatus and similar electric machines and apparatus for cutting (excluding industrial and laboratory electric furnaces of subheading No 85.11.11 and parts falling within subheading No 85.11.91)

85.12

 

Electric instantaneous or storage water heaters and immersion heaters; electric soil heating apparatus and electric space heating apparatus; electric hair dressing appliances (for example, hair dryers, hair curlers, curling tong heaters) and electric smoothing irons, electrothermic domestic appliances; electric heating resistors, other than those of carbon:

— 20

Electrical soil heating apparatus and electric space heating apparatus and the like

— 30

Electric hairdressing appliances

— 50

Electro-thermic domestic appliances

— 91

Parts

85.13

 

Electrical line telephonic and telegraphic apparatus (including such apparatus for carrier-current line systems):

— 43

Apparatus for long distance carrier-current line systems

85.14

 

Microphones and stands therefor; loudspeakers; audio-frequency electric amplifiers:

— 20

Loud speakers

— 30

Audio frequency electric amplifiers

85.15

 

Radiotelegraphic and radiotelephonic transmission and reception apparatus; radio-broadcasting and television transmission and reception apparatus (including receivers incorporating sound recorders or reproducers) and television cameras; radio navigational aid apparatus, radar apparatus and radio remote control apparatus:

ex 91

Parts (excluding antennas and parts for amplifiers, frequency converters and other antenna equipment and accessories)

85.18

 

Electrical capacitors, fixed or variable

85.19

 

Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, lightning arrestors, surge suppressors, plugs, lampholders, terminals, terminal strips and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; switchboards (other than telephone switchboards) and control panels (excluding fuses of subheading No 85.19.15, lightning arrestors of subheading No 85.19.16 and switchboards and control panels of subheading No 85.19.30)

85.23

 

Insulated (including enamelled or anodised) electric wire, cable, bars, strip and the like (including co-axial cable), whether or not fitted with connectors

85.24

 

Carbon brushes, arc-lamp carbons, battery carbons, carbon electrodes and other carbon articles of a kind used for electrical purposes:

— 10

Carbon brushes for electrical appliances and apparatus

— 26

Heating resistors for heating apparatus

— 29

Other

85.28

 

Electrical parts of machinery and apparatus, not being goods falling within any of the preceding headings of this Chapter

86.10

 

Railway and tramway track fixtures and fittings; mechanical equipment, not electrically powered, for signalling to or controlling road, rail or other vehicles, ships or aircraft; parts of the foregoing fixtures, fittings or equipment

87.01

 

Tractors (other than those falling within heading No 87.07), whether or not fitted with power take-offs, winches or pulleys

87.02

 

Motor vehicles for the transport of persons, goods or materials (including sports motor vehicles, other than those of heading No 87.09), excluding motor vehicles for the transport of persons falling within subheading No 87.02.11

87.03

 

Special purpose motor lorries and vans (such as breakdown lorries, fire-engines, fire-escapes, road sweeper lorries, snow-ploughs, spraying lorries, crane lorries, searchlight lorries, mobile workshops and mobile radiological units), but not including the motor vehicles of heading No 87.02:

— 10

Breakdown lorries

— 20

Spraying lorries

— 30

Snow-ploughs

87.04

 

Chassis fitted with engines, for the motor vehicles falling within heading No 87.01, 87.02 or 87.03

87.05

 

Bodies (including cabs), for the motor vehicles falling within heading No 87.01, 87.02 or 87.03

87.06

 

Parts and accessories of the motor vehicles falling within heading No 87.01, 87.02 or 87.03

87.07

 

Works trucks, mechanically propelled, of the types used in factories or warehouses for short distance transport or handling of goods (for example, fork-lift trucks and platform trucks); tractors of the type used on railway station platforms; parts of the foregoing trucks and tractors

87.09

 

Motor-cycles, auto-cycles and cycles fitted with an auxiliary motor, with or without side-cars, side-cars of all kinds

87,10

 

Cycles (including delivery tricycles), not motorised:

— 10

Bicycles

87.12

 

Parts and accessories of articles falling within heading No 87.09, 87.10 or 87.11::-

— 91

Parts and accessories of articles falling within heading No 87.09

— 92

Parts and accessories of articles falling within heading No 87.10

89.01

 

Ships, boats and other vessels not falling within heading No 89.02, 89.03, 89.04 or 89.05

89.02

 

Tugs

89.05

 

Floating structures other than vessels (for example, coffer-dams, landings stages, buoys and beacons)

90.04

 

Spectacles, pince-nez, lorgnettes, goggles and the like, corrective, protective or other

90.14

 

Surveying (including photogrammetrical surveying), hydrographic, navigational, meteorological, hydrological and geophysical instruments; compasses, rangefinders:

— 40

Meteorological instruments and apparatus

— 91

Parts of meteorological instruments and apparatus

90.27

 

Revolution counters, production counters, taximeters, mileometers, pedometers and the like, speed indicators (including magnetic speed indicators) and tachometers (other than articles falling within heading No 90.14); stroboscopes

90.28

 

Electrical measuring, checking, analysing or automatically controlling instruments and apparatus:

— 10

Voltmeters, potentiometers, electrometers

— 20

Ammeters, galvanometers

— 30

Wattmeters

91.02

 

Clocks with watch movements (excluding clocks of heading No 91.03)

91.04

 

Other clocks

92.11

 

Gramophones, dictating machines and other sound recorders and reproducers, including record-players and tape decks, with or without sound-heads; television image and sound recorders and reproducers, magnetic (excluding gramophones falling within subheading No 92.11.10)

92.12

 

Gramophone records and other sound or similar recordings; matrices for the production of records, prepared record blanks, film for mechanical sound recording, prepared tapes, wires, strips and like articles of a kind commonly used for sound or similar recording

92.13

 

Other parts and accessories of apparatus falling within heading No 92.11:

— 40

Magnetic type sound-heads

— 90

Other

93.04

 

Other firearms, including very light pistols, pistols and revolvers for firing blank ammunition only, line-throwing guns and the like

93.05

 

Arms of other descriptions, including air, spring and similar pistols, rifles and guns

93.06

 

Parts of arms, including roughly sawn gun stock blocks, and gun barrel blanks, but not including parts of side-arms:

— 93

Parts for sporting guns

93.07

 

Bombs, grenades, torpedoes, mines, _ guided weapons and missiles and similar munitions of war, and parts thereof; ammunition and parts thereof, including cartridge wads; lead shot prepared for ammunition:

— 21

Sporting ammunition

94.04

 

Mattress supports; articles of bedding or similar furnishing fitted with springs or stuffed or internally fitted with any material or of expanded, foam or sponge rubber or expanded, foam or sponge artificial plastic material, whether or not covered (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows)

95.01

 

Worked tortoise-shell and articles of tortoise-shell

95.02

 

Worked mother of pearl and articles of mother of pearl

95.03

 

Worked ivory and articles of ivory

95.04

 

Worked bone (excluding whalebone) and articles of bone (excluding whalebone)

96.02

 

Other brooms and brushes (including brushes of a kind used as parts of machines); paint rollers; squeegees (other than roller squeegees) and mops:

— 22

Brushes for toilet use and clothes brushes

97.01

 

Wheeled toys designed to be ridden by children (for example, toy bicycles and tricycles and pedal motor cars); dolls’ prams and dolls’ push chairs

97.02

 

Dolls

97.03

 

Other toys; working models of a kind used for recreational purposes:

— 90

Other

97.04

 

Equipment for parlour, table and funfair games for adults or children (including billiard tables and pintables and table-tennis requisites)

97.05

 

Carnival articles; entertainment articles (for example, conjuring tricks and novelty jokes); Christmas tree decorations and similar articles for Christmas festivities (for example, artificial Christmas trees, Christmas stockings, imitation yule logs, Nativity scenes and figures therefor)

97.06

 

Appliances, apparatus, accessories and requisites for gymnastics or athletics, or for sports and outdoor games (other than articles falling within heading No 97.04)

97.07

 

Fish-hooks, line fishing rods and tackle; fish landing nets and butterfly nets; decoy ‘birds’, lark mirrors and similar hunting or shooting requisites (excluding fish-hooks of subheading No 97.07.10)

97.08

 

Roundabouts, swings, shooting galleries and other fairground amusements; travelling circuses, travelling menageries and travelling theatres

98.01

 

Buttons and button moulds, studs, cuff-links, and press-fasteners, including snap-fasteners and press-studs; blanks and parts of such articles

98.05

 

Pencils (other than pencils of heading No 98.03), pencil leads, slate pencils, crayons and pastels, drawing charcoals and writing and drawing chalks; tailors’ and billiards chalks

ANNEX No 4

on the use by Turkey of special aid resources

THE CONTRACTING PARTIES,

desiring not to impede the use by Turkey of special aid resources,

HAVE AGREED AS FOLLOWS:

1. 

If the provisions of the Agreement of Association or of the Additional Protocol impede the use by Turkey of special aid resources made available to its economy, Turkey shall, after notification to the Council of Association, be entitled:

(a) 

to open tariff quotas in accordance with Article 20 (4) of the Additional Protocol for the importation of goods which are purchased with the resources in question;

(b) 

to import free of duty goods which constitute gifts under Title III of Public Law 480 of the United States or under a food aid programme;

(c) 

to restrict invitations to tender to suppliers of products originating in countries which grant special aid where the use of such resources entails the importation of products originating in those countries, and where a tendering procedure is prescribed by the legislation of Turkey or of the countries in question.

2. 

Products imported into Turkey under this Annex may not be re-exported to the ►M8  European Community ◄ either unaltered or after working or processing.

3. 

The provisions of this Annex must not hamper the proper functioning of the Association.

4. 

At the end of the transitional stage the Council of Association may decide whether this Annex is to remain in force.

In the meantime, if any change is made to the nature of the resources referred to in paragraph 1 of this Annex or to the procedure to be followed for their use, or if any difficulties arise affecting their use, the Council of Association shall review the situation with a view to taking the appropriate measures.

ANNEX No 5

on German internal trade and connected problems

THE CONTRACTING PARTIES,

taking into consideration the conditions at present existing by reasons of the division of Germany,

HAVE AGREED AS FOLLOWS:

1. 

Since trade between German territories subject to the Basic Law for the Federal Republic of Germany and German territories in which the Basic Law does not apply is a part of German internal trade, the application of the Agreement of Association or of the Additional Protocol in Germany requires no change in the treatment currently accorded to this trade.

2. 

Each Contracting Party shall inform the other Contracting Party of any agreements relating to trade with the German territories in which the Basic Law for the Federal Republic of Germany does not apply, and of any implementing provisions. Each Contracting Party shall ensure that implementation of such agreements does not conflict with the principles of the Association and shall in particular take appropriate measures to avoid harming the economy of the other Contracting Party.

3. 

Each Contracting Party may take appropriate measures to prevent any difficulties arising for it from trade between the other Contracting Party and the German territories in which the Basic Law for the Federal Republic of Germany does not apply.

ANNEX No 6

on the treatment to be accorded to agricultural products

Article 1

The treatment provided for in Article 35 (2) of the Additional Protocol is set out in the following Articles.

CHAPTER I

PREFERENTIAL TREATMENT OF IMPORTS INTO THE ►M8  EUROPEAN COMMUNITY ◄

Article 2

Customs duties equal to 50 % of the duties in the Common Customs Tariff shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey.



CCT heading No

Description

07.01

Vegetables, fresh or chilled:

E.  Chard (or white beet) and cardoons

F.  Leguminous vegetables, shelled or unshelled:

ex III.  Other

— Broad beans:

— 

— From 1 July to 30 April

N.  Olives:

I.  For uses other than the production of oil ()

Ο.  Capers

S.  Sweet peppers

ex T.  Other:

— Parsley

07.03

Vegetables provisionally preserved in brine, sulphur water or in other preservative solutions, but not specially prepared for immediate consumption:

A.  Olives:

I.  For uses other than the production of oil ()

B.  Capers

08.03

Figs, fresh or dried:

A.  Fresh

08.04

Grapes, fresh or dried:

A.  Fresh:

I.  Table grapes:

ex (a)  From 1 November to 14 July:

— From 1 December to 31 December

— From 18 June to 14 July

ex (b)  From 15 July to 31 October:

— From 15 July to 17 July

08.05

Nuts other than those falling within heading No 08.01, fresh or dried, shelled or not:

D.  Pistachios

E.  Pecans

ex F.  Other:

— Pignolia nuts

08.06

Apples, pears and quinces, fresh:

C.  Quinces

08.12

Fruit, dried, other than that falling within heading No 08.01, 08.02, 08.03, 08.04 or 08.05:

A.  Apricots

B.  Peaches, including nectarines

D.  Apples and pears

E.  Papaws

F.  Fruit salads:

I.  Not containing prunes

G.  Other

20.01

Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or without sugar, whether or not containing salt, spices or mustard:

ex B.  Other:

— Prepared or preserved by vinegar or acetic acid, whether or not containing salt, spices or mustard, but not containing sugar, excluding gherkins

2.0.02

Vegetables prepared or preserved otherwise than by vinegar or acetic acid:

F.  Capers and olives

ex H.  Other, excluding carrots and mixtures (2)

20.05

Jams, fruit jellies, marmalades, fruit purées and fruit pastes, being cooked preparations, whether or not containing added sugar

C.  Other:

ex III.  Not specified:

— Fig purées

20.06

Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit:

A.  Nuts (including ground-nuts), roasted

(1)   

Entry under this subheading is subject to conditions to be laid down by the competent authorities.

(2)   

This heading includes, inter alia, roasted chick peas (leblebis).

Article 3

The products listed below and originating in Turkey shall be imported into the ►M8  European Community ◄ free of customs duties and charges having equivalent effect:



CCT heading No

Description

08.04

Grapes, fresh or dried

B.  Dried:

I.  In immediate containers of a net capacity of 15 kg or less

Article 4

1.  

Customs duties equal to 60 % of the duties in the Common Customs Tariff shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey:



CCT heading No

Description

ex 08.02 A

Fresh oranges

2.  

Customs duties equal to 50 % of the duties in the Common Customs Tariff shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey:



CCT heading No

Description

ex 08.02 B

Fresh mandarins and satsumas; clementines, tangerines and other similar citrus hybrids, fresh

ex 08.02 C

Fresh lemons

3.  
During the period of application of reference prices, paragraphs 1 and 2 shall apply on condition that on the internal ►M8  European Community ◄ market the prices of citrus fruit imported from Turkey are, after customs clearance and allowance for the conversion factors operative for the various classes of citrus fruit and after deduction of transport costs and import charges other than customs duties, not less than the reference prices for the period in question plus the incidence of the Common Customs Tariff on those reference prices and a fixed amount of 1.20 units of account per 100 kilogrammes.
4.  
The transport costs and import charges other than customs duties referred to in paragraph 3 shall be those laid down for calculating the entry prices referred to in Regulation No 23 on the progressive establishment of a common organization of the market in fruit and vegetables.

However, the ►M8  European Community ◄ shall be entitled to calculate the amount to be deducted in respect of import charges, other than customs duties, referred to in paragraph 3, in such a way as to avoid difficulties which may arise from the incidence of those charges on entry prices, depending on origin.

5.  
The provisions of Article 11 of Regulation No 23 shall continue to apply.
6.  
Where the advantages accruing from the provisions of paragraphs 1 and 2 above would or could be jeopardized by reasons of abnormal conditions of competition, consultations may be held in the Council of Association on the problems arising from such a situation.

Article 5

Ah ad valorem duty of 3 % shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey. This duty shall be reduced to 2 % one year after the date of entry into force of the Additonal Protocol and to 1 % two years after that date. It shall be abolished at the end of the third year.



CCT heading No

Description

08.03

Figs, fresh or dried

ex B.  Dried:

— In immediate containers of a net capacity of 15 kg or less

Article 6

An ad valorem duty of 2,5 % within an annual ►M8  European Community ◄ tariff quota of 18 700 metric tons, shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey:



CCT heading No

Description

08.05

Nuts other than those falling within heading No 08.01, fresh or dried, shelled or not:

ex F.  Other:

— Hazel nuts

▼M4

Article 7

1.  

Provided that Turkey applies a special export charge on olive oil other than refined olive oil, falling within subheading No 15.07 A II of the Common Customs Tariff, and provided that this special charge is reflected in the import price, the ►M8  European Community ◄ shall take the measures necessary to ensure that:

(a) 

the levy on imports into the ►M8  European Community ◄ of the said oil wholly produced in Turkey and transported direct from that country to the ►M8  European Community ◄ is the levy calculated in accordance with Article 13 of Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats, and applicable upon importation, less 0.50 unit of account for 100 kilogrammes;

(b) 

the amount of the levy calculated in accordance with (a) is reduced by an amount equal to that of the special charge paid while not exceeding 4.5 units of account for 100 kilogrammes.

2.  
If Turkey does not apply the special charge referred to in paragraph 1, the ►M8  European Community ◄ shall take the measures necessary to ensure that the levy on imports into the ►M8  European Community ◄ of olive oil other than refined olive oil, falling within subheading No 15.07 A II of the Common Customs Tariff, is the levy calculated in accordance with Article 13 of Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats, and applicable upon importation, less 0.50 unit of account for 100 kilogrammes.
3.  
Each Contracting Party shall take the necessary measures for the implementation of paragraph 1 and, in the event of difficulties or at the request of the other Party, shall supply the information necessary for the proper operation of the arrangements.
4.  
Consultations on the operation of the arrangements provided for in this Article may be held in the Association Council.

▼M1

Article 8

The products listed below and originating in Turkey shall be imported into the ►M8  European Community ◄ free of Customs duty:



CCT heading No

Description

24.01

Unmanufactured tobacco, tobacco refuse

Article 9

Customs duties equal to 25 % of the duties in the Common Customs Tariff shall be applicable to imports into the ►M8  European Community ◄ of products listed below and originating in Turkey. These duties shall be reduced to 10 % of the duties in the Common Customs Tariff at the end of the second year after the entry into force of the Additional Protocol. They shall be abolished at the end of the third year.



CCT heading No

Description

01.01

Live horses, asses, mules and hinnies:

A.  Horses:

I.  Pure-bred breeding animals ()

III.  Other

B.  Asses

C.  Mules.and hinnies

01.02

Live animals of the bovine species:

A.  Domestic species:

I.  Pure-bred breeding animals ()

B.  Other

01.03

Live swine:

A.  Domestic species:

I.  Pure-bred breeding animals ()

B.  Other

02.01

Meat and edible offals of the animals falling within heading No 01.01, 01.02, 01.03 or Ό1.04, fresh, chilled or frozen:

A.  Meat:

ex I.  Of asses, mules and hinnies falling under heading 01.01

II.  Of bovine animals:

(b)  Other

III.  Of swine:

(b)  Other

ex IV.  Other, excluding meat of domestic sheep and lambs

B.  Offals:

I.  For the manufacture of pharmaceutical products ()

II.  Other:

(a)  Of horses, asses, mules and hinnies

ex (d)  Not specified, excluding offals of domestic sheep and lambs

02.04

Other meat and edible meat offals, fresh, chilled or frozen

02.06

Meat and edible meat offals (except poultry liver), salted, in brine, dried or smoked:

C.  Other:

ex II.  Not specified, excluding meat and offals of domestic sheep and lambs

04.05

Birds’ eggs and egg yolks, fresh, dried or otherwise preserved, sweetened or not:

A.  Eggs in shell, fresh or preserved:

II.  Other eggs

B.  Eggs not in shell; egg yolks:

II.  Other ()

05.04

Guts, bladders and stomachs of animals (other than fish) whole and pieces thereof

05.15

Animal products not elsewhere specified or included; dead animals of Chapter 1 or Chapter 3, unfit for human consumption:

ex B.  Other

— Animal products not elsewhere specified or included: dead animals of Chapter 1, unfit for human consumption

ex 07.05

Dried leguminous vegetables, shelled, whether or not skinned or- split (excluding those for sowing)

08.01

Dates, bananas, pineapples, mangoes, mangosteens, avocados, guavas, coconuts, Brazil nuts and cashew nuts, fresh or dried, shelled or not:

A.  Dates

D.  Avocados

E.  Coconuts and cashew nuts:

I.  Dehydrated coconuts pulp

II.  Other

F.  Brazil nuts

G.  Other

ex Chapter 9

Tea and spices, excluding maté (heading 09.03)

11.03

Flours of the leguminous vegetables falling within heading No 07.05

11.04

Flours of the fruits falling within any heading in Chapter 8

11.08

Starches; inulin:

B.  Inulin

12.07

Plants and parts (including seeds and fruit) of trees, bushes, shrubs or other plants, being goods of a kind used primarily in perfumery, in pharmacy, or for insecticidal, fungicidal or similar purposes, fresh or dried, whole, cut, crushed, ground or powdered

12.08

Locust beans, fresh or dried, whether or not kibbled or ground, but not further prepared; fruit kernels and other vegetable products of a kind used primarily for human food, not falling within any other heading

12.09

Cereal straw and husks, unprepared, or chopped but not otherwise prepared

ex 12.10

Mangolds, swedes, fodder roots; hay, lucerne, clover, sainfoin, forage kale, lupines, vetches and similar forage products, excluding dehydrated flours of green fodder

ex 15.02

Unrendered fats of goats; tallow (including ‘premier jus’) produced from those fats

15.03

Lard stearin, oleostearin and tallow stearin; lard oil, oleo-oil and tallow oil, not emulsified or mixed or prepared in any way

ex 16.01

Sausages and the like, of meat, meat offal or animal blood, excluding those containing meat or offal of pigs, sheep, lambs or animals of bovine species

16.03

Meat extracts and meat juices

18.01

Cocoa beans, whole or broken, raw or roasted

18.02

Cocoa shells, husks; skins and waste

22.07

Other fermented beverages (for example, cider, perry and mead)

23.01

Flours and meals, of meat, offals, fish, crustaceans or molluscs,.unfit for human consumption; greaves:

A.  Flours and meals of meat and offal; greaves

23.02

Bran, sharps and other residues derived from the sifting, milling or working of cereals or of leguminous vegetables:

B.  Of leguminous vegetables

ex 23.03

Brewing and distilling dregs and waste; residues of starch manufacture and similar residues

23.06

Vegetable products of a kind used for animal food, not elsewhere specified or included:

ex A.  Acorns, horse chestnuts and pomace or marc of fruit, excluding residue from the pressing of grapes

B.  Other

23.07

Sweetened forage; other preparations of a kind used in animal feeding:

A.  Fish or marine mammal solubles

C.  Not specified

(1)   

Entry under this subheading is subject to conditions to be laid down by the competent authorities.

Article 10

On implementation of the common fisheries policy the ►M8  European Community ◄ shall take any measures which may be necessary to ensure that Turkey retains export opportunities which are at least equivalent to those provided for under Article 6 of the Provisional Protocol.

The Council of Association shall examine measures which might serve to improve such opportunities.

Article 11

The Council of Association shall determine the preferential treatment applicable to wine originating in Turkey.

Article 12

The ►M8  European Community ◄ shall take all measures necessary to ensure that the/levy on the following goods, produced in Turkey and imported direct from that country into the ►M8  European Community ◄ , is the levy calculated in accordance with the provisions of Article 13 of Regulation No 120/67/EEC on the common organization of the market in cereals, less 0.5 unit of account per metric ton:



CCT heading No

Description

10.01

Wheat and meslin (mixed wheat and rye):

B.  Durum wheat

10.07

Buckwheat, millet, canary seed and grain sorghum; other cereals:

ex D.  Other:

— Canary seed

Article 13

1.  
On condition that Turkey applies a special export charge, reflected in the import price on rye of heading No 10.02 of the Common Customs Tariff, which is produced in Turkey and imported direct from that country into the ►M8  European Community ◄ , the ►M8  European Community ◄ shall reduce the amount of the levy on imports of this product, calculated in accordance with Article 13 of Regulation No 120/67/EEC on the common organisation of the market in cereals, by an amount equal to that of the charge paid, up to a limit of 8 units of account per metric ton.

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

2.  
Consultations on the operation of the arrangements provided for in this Article may be held in the Council of Association.

Article 14

Without prejudice to the levying of a variable component determined in accordance with Article 5 of Regulation (EEC) No 1059/69 laying down the trade arrangement applicable to certain goods resulting from the processing of agricultural products, the ►M8  European Community ◄ shall take all necessary measures for the progressive reduction, in accordance with the timetable specified in Article 9 of this Annex, of the fixed component levied on imports into the ►M8  European Community ◄ of the following goods originating in Turkey:



CCT heading No

Description

ex 17.04

Sugar confectionery, not containing cocoa, excluding liquorice extracts more than 10 % by weight of sucrose, but not containing other added substances

19.01

Malt extract

19.02

Preparations of flour, meal, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50 % by weight of cocoa

19.05

Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, cornflakes and similar products)

19.06

Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

19.07

Bread, ships’ biscuits and other ordinary bakers’ wares, not containing added sugar, honey, eggs, fats, cheese or fruit

19.08

Pastry, biscuits, cakes and other fine bakers’ wares, whether or not containing cocoa in any proportion

21.01

Roasted chicory and other roasted coffee substitutes; extracts, essences and concentrates thereof:

A.  Roasted chicory and other roasted coffee substitutes:

II.  Other

B.  Extracts, essences and concentrates:

II.  Other

21.06

Natural yeasts (active or inactive); prepared baking powders:

A.  Active natural yeasts:

II.  Bakers’ yeast

29.04

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives:

C.  Polyhydric alcohols:

II.  Mannitol

III.  Sorbitol

ex 35.01

Casein, casemates and other casein derivatives

35.05

Dextrins and dextrin glues; soluble or roasted starches; starch glues

38.12

Prepared glazings, prepared dressings and prepared mordants, of a kind used in the textile, paper, leather or like industries:

A.  Prepared glazings and prepared dressings:

I.  With a basis of amylaceous substances

Article 15

Should ►M8  European Community ◄ regulation's be amended in respect of products covered by this Annex, the ►M8  European Community ◄ shall be entitled to modify the arrangements therefor laid down in this Annex.

When modifying such arrangements the ►M8  European Community ◄ shall grant in respect of imports originating in Turkey an advantage comparable to that provided for in this Annex.

Article 16

The Council of Association shall lay down the definition of the concept originating products’ for the purposes of the application of this Chapter.

CHAPTER II

TREATMENT OF IMPORTS INTO TURKEY

Article 17

With respect to its commercial imports, Turkey shall grant to the ►M8  European Community ◄ preferential treatment such as to ensure a satisfactory increase in imports of agricultural products originating in the ►M8  European Community ◄ .

▼M2

FINANCIAL PROTOCOL



HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

and

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part,

THE PRESIDENT OF THE TURKISH REPUBLIC,

of the other part,

ANXIOUS to promote an accelerated development of the Turkish economy in order to facilitate the pursuit of the objectives of the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey,

HAVE DESIGNATED AS THEIR PLENIPOTENTIARIES:

HIS MAJESTY THE KING OF THE BELGIANS:

Mr Pierre HARMEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Mr Walter SCHEEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Maurice SCHUMANN,

Minister for Foreign Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Mario PEDINI,

Under-Secretary of State for Foreign Affairs;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Mr Gaston THORN,

Minister for Foreign Affairs;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr J. M. A. H. LUNS,

Minister for Foreign Affairs;

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Mr Walter SCHEEL,

President in Office of the Council of the European Communities;

Mr Franco Maria MALFATTI,

President of the Commission of the European Communities;

THE PRESIDENT OF THE TURKISH REPUBLIC:

Mr Ihsan Sabri ÇAĞLAYANGÍL,

Minister for Foreign Affairs;

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

HAVE AGREED AS FOLLOWS:



Article 1

Within the framework of the Association between the ►M8  European Community ◄ and Turkey, the ►M8  European Community ◄ shall supplement Turkey's own endeavours by participating, in the manner laid down in this Protocol, in measures to promote the development of that country.

Article 2

1.  
Requests for financing may be submitted to the European Investment Bank by the Turkish State, by an authority and by public or private undertakings which have their seat or a place of business in Turkey; the Bank shall notify them of the action taken on their application.
2.  

Investment projects shall be eligible for financing where they:

(a) 

help to increase the productivity of the Turkish economy and, in particular, aim to provide Turkey with a better economic infrastructure, higher agricultural output, and modern, efficiently-run public or private undertakings in the industrial and service sectors;

(b) 

further the aims of the Agreement of Association;

(c) 

are part of the Turkish Development Plan in force at the relevant date.

3.  

With respect to the choice of investment projects within the framework of the above provisions:

(a) 

only individual projects may be financed;

(b) 

as a general rule, investment projects which are to be carried out on Turkish territory may be financed irrespective of the sectors of the economy to which they relate.

4.  
Special consideration shall be given to projects which could serve to improve the Turkish balance of payments.

Article 3

1.  
Requests which have been approved shall be financed by loans from the European Investment Bank acting on authority from the Member States of the ►M8  European Community ◄ .
2.  
These loans may be granted up to an aggregate ►M5  amount of 242 million units of account ◄ , which may be committed in a period expiring on 23 May 1976. Any balance outstanding at the end of that period shall be used in accordance with the provisions of this Protocol until it is exhausted.
3.  
The funds committed each year as a result of the granting of loans shall be distributed as evenly as possible over the whole period in which this Protocol is in force. However, relatively large amounts may, within reasonable limits, be committed in the first part of this period.
4.  
To the amount specified in paragraph 2 there shall be added the undisbursed portion of loans committed pursuant to the first Financial Protocol but cancelled before the whole or a part of the relevant payments had been made.

Article 4

1.  
Requests for financing which are not submitted by the Turkish Government cannot be approved without the agreement of that Government.
2.  
Where a loan is granted to an undertaking or to an authority other than the Turkish State, that loan shall be subject to a guarantee from the Turkish State.
3.  
Undertakings whose risk capital comes wholly or partly from countries of the ►M8  European Community ◄ shall have access to the finance provided for in this Protocol on the same conditions as undertakings with Turkish capital.

Article 5

1.  
Loans shall be granted on the basis of the economic features of the projects which they are to finance.
2.  
Loans, especially those for capital investment projects, the return on which is indirect or long-term, may be granted for a maximum of thirty years, and may be redemption-free for up to eight years. The rate of interest on such loans must be not less than 2-5 % per annum.
3.  

Loans for the financing of projects showing a normal return, which must account for not less than 30 % of the amount of the loans granted to Turkey annually, may be made on the following terms:

(a) 

a loan period and a redemption-free period determined by the Bank, subject to the limits laid down in paragraph 2, with a view to facilitating the servicing of loans by Turkey;

(b) 

a rate of interest of not less than 4.5 % per annum.

4.  
The loans referred to in the preceding paragraph may be granted through the intermediary of appropriate Turkish agencies.

The choice of projects to be financed through these agencies and the terms on which loans by the Bank may be granted by the agency or agencies concerned to recipient undertakings, shall be subject to prior approval by the Bank.

5.  
Repayments by recipient undertakings which are not immediately needed by the intermediary agencies for the redemption of loans from the Bank, shall be paid into a special account; the use of such amounts shall be subject to approval by the Bank.

Article 6

1.  
All natural and legal persons who are nationals of Turkey or of Member States of the ►M8  European Community ◄ may participate on equal terms in tendering procedures, invitations to tender, transactions and contracts relating to projects for which loans have been granted.
2.  
The loans may by used to cover expenditure on imports or domestic expenditure, where such expenditure is necessary for carrying out approved capital investment projects, including expenditure on planning, on the services of consulting engineers and on technical assistance.
3.  
The Bank shall ensure that funds are used as judiciously as possible and in accordance with the objectives of the Agreement of Association.

Article 7

Turkey shall, for the whole period of a loan, make available to the recipients of the loan the currency necessary for the payment of interest and commission, and for the repayment of capital.

Article 8

Contributions under this Protocol for the execution of certain projects may take the form of participation in financing operations in which, in particular, third countries, international finance organisations or credit and development authorities and institutions in Turkey or of Member States of the ►M8  European Community ◄ may be concerned.

Article 9

1.  
While this Protocol is in force the ►M8  European Community ◄ shall examine the possibility of supplementing the amount of the loans specified in Article 3 by loans granted by the European Investment Bank from its own resources and on market terms and whose aggregate amount may total 25 million units of account.
2.  
These loans would be used to finance projects showing a normal return which are to be carried out in Turkey by private undertakings.
3.  
The Statute of the European Investment Bank and Articles 4, 7 and 8 of this Protocol shall apply to these loans.

Article 10

The Contracting Parties shall, one year before expiry of this Protocol, consider which of its provisions relating to financial assistance might be adopted for a further period.

Article 11

This Protocol shall be annexed to the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

Article 12

1.  
This Protocol shall be ratified by the Signatory States in accordance with their respective constitutional requirements and, as regards the ►M8  European Community ◄ , shall become binding by a Council Decision taken in accordance with the Treaty establishing the ►M8  European Community ◄ and notified to the Contracting Parties to the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

The above instruments of ratification and the act of notification of conclusion shall be exchanged at Brussels.

2.  
This Protocol shall enter into force on the first day of the month following the date of exchange of the instruments of ratification and act of notification of conclusion, referred to in paragraph 1.

Article 13

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

In witness whereof, the undersigned Plenipotentiaries have signed this Financial Protocol.

Done at Brussels this twenty-third day of November in the year one thousand nine hundred and seventy.

For His Majesty the King of the Belgians,

Pierre HARMEL

For the President of the Federal Republic of Germany,

Walter SCHEEL

For the President of the French Republic,

Maurice SCHUMANN

For the President of the Italian Republic,

Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg,

Gaston THORN

For Her Majesty the Queen of the Netherlands,

J. M. A. H. LUNS

For the Council of the European Communities,

Walter SCHEEL

Franco Maria MALFATTI

For the President of the Republic of Turkey,

Ihsan Sabri ÇAĞLAYANGÍL

▼M3

AGREEMENT

on products within the province of the European Coal and Steel ►M8  European Community ◄

(signed in Brussels, 23 November 1970)



HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

Contracting Parties to the Treaty establishing the European Coal and Steel ►M8  European Community ◄ , signed in Paris on 17 April 1951, whose States are hereinafter referred to as ‘the Member States’,

of the one part, and

THE PRESIDENT OF THE TURKISH REPUBLIC,

of the other part,

CONSIDERING that the abovementioned Member States have concluded among themselves the Treaty establishing the European Coal and Steel ►M8  European Community ◄ ;

CONSIDERING that they have also concluded the Treaty establishing the ►M8  European Community ◄ , Article 232 of which lays down that the provisions of that Treaty shall not affect the provisions of the Treaty establishing the European Coal and Steel ►M8  European Community ◄ , in particular as regards the rights and obligations of Member States;

CONSIDERING that the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey does not apply to products within the province of the European Coal and Steel ►M8  European Community ◄ ;

DESIRING nevertheless to maintain and increase trade in those products between the Member States and Turkey;

HAVE DESIGNATED as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS:

Mr Pierre HARMEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Mr Walter SCHEEL,

Minister for Foreign Affairs;

THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Maurice SCHUMANN,

Minister for Foreign Affairs;

THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr Mario PEDINI,

Under-Secretary of State for Foreign Affairs;

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG:

Mr Gaston THORN,

Minister for Foreign Affairs;

HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr J. M. A. H. LUNS,

Minister for Foreign Affairs;

THE PRESIDENT OF THE TURKISH REPUBLIC:

Mr Ihsan Sabri ÇALAYANGÍL,

Minister for Foreign Affairs;

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

HAVE AGREED AS FOLLOWS:



Article 1

In respect of products which come from Member States or Turkey which are within the province of the European Coal and Steel ►M8  European Community ◄ , customs duties and charges having equivalent effect and also quantitative restrictions and measures having equivalent effect in force between Member States and Turkey shall, save where measures are taken pursuant to Chapter X of the Treaty establishing the European Coal and Steel ►M8  European Community ◄ , be progressively abolished in accordance with the conditions laid down in Article 2 of this Agreement.

Article 2

1.  
Trade barriers shall be abolished by Member States and by Turkey in accordance with a timetable adopted by mutual agreement of the Contracting Parties.
2.  
The Contracting Parties shall also determine the terms on which the products referred to in this Agreement shall be eligible for preferential treatment.

Article 3

Turkey shall not, in the fields covered by this Agreement, receive treatment more favourable than that which Member States extend to each other pursuant to the Treaty establishing the European Coal and Steel ►M8  European Community ◄ .

Article 4

Consultations shall take place between the Parties concerned in all cases where, in the opinion of one of them, the implementation of the above provisions calls for such consultations.

▼M6

Article 5

The Agreement shall apply to the European territories of the Kingdom of Belgium, of the Kingdom of Denmark, of the Federal Republic of Germany, of Ireland, of the French Republic, of the Italian Republic, of the Grand Duchy of Luxembourg, of the Kingdom of the Netherlands and of the United Kingdom of Great Britain and Northern Ireland and to the other European territories in respect of which a Member State assumes responsibility for external affairs, in accordance with the conditions laid down by the Treaty establishing the ►M8  European Community ◄ , on the one hand, and to the territory of the Republic of Turkey, on the other.

▼M3

Article ►M6  6 ◄

This Agreement shall not affect the provisions of the Treaty establishing the European Coal and Steel ►M8  European Community ◄ , or the powers or jurisdiction conferred by that Treaty.

Article ►M6  7 ◄

The Annex on German internal trade and connected problems shall form an integral part of this Agreement.

Article ►M6  8 ◄

1.  
This Agreement shall be ratified by the Signatory States in accordance with their respective constitutional requirements.

The instruments of ratification shall be exchanged at Brussels.

2.  
This Agreement shall enter into force on the first day of the month following the date on which the instruments of ratification have been exchanged.

Article ►M6  9 ◄

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

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

Done at Brussels this twenty-third day of November in the year one thousand nine hundred and seventy.

For His Majesty the King of the Belgians,

Pierre HARMEL

For the President of the Federal Republic of Germany,

Walter SCHEEL

For the President of the French Republic,

Maurice SCHUMANN

For the President of the Italian Republic,

Mario PEDINI

For His Royal Highness.the Grand Duke of Luxembourg,

Gaston THORN

For Her Majesty the Queen of the Netherlands,

J. M. A. H. LUNS

For the President of the Republic of Turkey,

Ihsan Sabri ÇALAYANGÍL

ANNEX

on German internal trade and connected problems



THE HIGH CONTRACTING PARTIES,

Taking into consideration the conditions at present existing by reason of the division of Germany,

HAVE AGREED AS FOLLOWS:



1. Since trade between the German territories subject to the Basic Law for the Federal Republic of Germany and the German territories in which the Basic Law does not apply is a part of German internal trade, the application of the Agreement on products within the province of the European Coal and Steel ►M8  European Community ◄ requires no change in the treatment currently accorded to this trade.

2. Each Contracting Party shall inform the other Contracting Party of any agreements relating to trade with the German territories in which the Basic Law for the Federal Republic of Germany does not apply, and of any implementing provisions. Each Contracting Party shall ensure that the implementation of such agreements does not conflict with the principles of the Agreement on products within the province of the European Coal and Steel ►M8  European Community ◄ , and shall in particular take appropriate measures to avoid harming the economy of the other Contracting Party.

3. Each Contracting Party may take appropriate measures to prevent any difficulties arising for it from trade between the other Contracting Party and the German territories in which the Basic Law for the Federal Republic of Germany does, not apply.

FINAL ACT



The Plenipotentiaries of:

HIS MAJESTY THE KING OF THE BELGIANS,

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE PRESIDENT OF THE FRENCH REPUBLIC,

THE PRESIDENT OF THE ITALIAN REPUBLIC,

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,

HER MAJESTY THE QUEEN OF THE NETHERLANDS,

and of

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and of

THE PRESIDENT OF THE REPUBLIC OF TURKEY

of the other part,

Meeting at Brussels on the twenty-third day of November in the year one thousand nine hundred and seventy for the signature of:

— 
the Additional Protocol, to which are appended six Annexes,
— 
the Financial Protocol,
and
— 
the Agreement on products within the province of the European Coal and Steel ►M8  European Community ◄ , to which is appended an Annex,

Have adopted the following Joint Declarations by the Contracting Parties relating to the Additional Protocol:



1. 

Joint Declaration on the calculation of duties and charges,

2. 

Joint Declaration on Article 12 (2),

3. 

Joint Declaration on Articles 17 (1) and 18 (1),

4. 

Joint Declaration on Article 25 (4),

5. 

Joint Declaration on Article 27 (2),

6. 

Joint Declaration on Article 34,

7. 

Joint Declaration on the duties in the Common Customs Tariff which are listed in Annexes 2 and 6.

They have also adopted the following Interpretative Declarations:

— 
Interpretative Declaration on Article 25 of the Additional Protocol,
— 
Interpretative Declaration on the value of the unit of account mentioned in Article 3 of the Financial Protocol.

They have, in addition, taken note of the following Declarations by the Government of the Federal Republic of Germany on the Agreement in respect of products within the province of the European Coal and Steel ►M8  European Community ◄ :

1. 

Declaration on the definition of the expression ‘German national’;

2. 

Declaration on the application to Berlin of the Agreement on products within the province of the European Coal and Steel ►M8  European Community ◄ .

These Declarations are annexed to this Final Act.

The Plenipotentiaries have agreed that the Declarations annexed to this Final Act shall be subjected to any internal procedures that may be necessary to ensure their validity.

In witness whereof, the Plenipotentiaries of the Contracting Parties have signed this Final Act.

Done at Brussels, this twenty-third day of November in the year one thousand nine hundred and seventy.

For His Majesty the King of the Belgians:

Pierre HARMEL

For the President of the Federal Republic of Germany:

Walter SGHEEL

For the President of the French Republic:

Maurice SCHUMANN

For the President of the Italian Republic:

Mario PEDINI

For His Royal Highness the Grand Duke of Luxembourg:

Gaston THORN

For Her Majesty the Queen of the Netherlands:

J. M. A. H. LUNS

For the Council of the European Communities:

Walter SCHEEL

Franco Maria MALFATTI

For the President of the Turkish Republic:

Ihsan Sabri ÇAĞLAYANGÍL

ANNEX

JOINT DECLARATION BY THE CONTRACTING PARTIES ON THE ADDITIONAL PROTOCOL

1.    Joint Declaration on the calculation of duties and charges

The Contracting Parties agree that customs duties and charges having equivalent effect which are calculated in accordance with the rules of the Additional Protocol shall be rounded off to the first decimal point.

2.    Joint Declaration on Article 12 (2)

The Contracting Parties agree that goods which are already in a bonded warehouse, or are being transported for export, or for which there was a firm contract of sale at the time Turkey notified the Council of Association in accordance with Article 12 (2) of the Additional Protocol, shall be liable to the customs duties applicable before the adoption of measures by Turkey in accordance with that Article.

3.    Joint Declaration on Articles 17 (1) and 18 (1)

The duties in the Common Customs Tariff referred to in Articles 17 (1) and 18 (1) of the Additional Protocol are the duties in the Common Customs Tariff which are actually applied at the time of alignment of the Turkish Customs Tariff with the Common Customs Tariff.

4.    Joint Declaration on Article 25 (4)

The Contracting Parties declare that in calculating the aggregate value of all the quotas which are to be increased by 10 % at regular intervals in accordance with Article 25 (4) of the Additional Protocol, no account shall be taken of the value of imports liberalized by Turkey during the periods referred to in that paragraph.

5.    Joint Declaration on Article 27 (2)

The Contracting Parties declare that the provisions of Article 27 (2) of the Additional Protocol shall also apply to non-ferrous metals.

6.    Joint Declaration on Article 34

The Contracting Parties agree that preparatory work in respect of the findings to be recorded by the Council of Association, pursuant to Article 34 of the Additional Protocol, may begin one year before expiry of the period of twenty-two years.

7.    Joint Declaration on the duties in the Common Customs Tariff referred to in Annexes 2 and 6

The duties in the Common Customs Tariff referred to in Annexes 2 and 6 are the duties in the Common Customs Tariff which are actually applied at the time in relation to the Contracting Parties to GATT.

INTERPRETATIVE DECLARATIONS

Interpretative Declaration on Article 25 of the Additional Protocol

It is understood that importations financed:

(a) 

with special aid resources connected with specific investment projects;

(b) 

without allocation of foreign currency;

(c) 

under the law on the promotion of foreign capital investment;

shall not be considered to be made under quotas opened in favour of the ►M8  European Community ◄ in accordance with Article 25 of the Additional Protocol, and in particular paragraphs 4 and 5 thereof.

Interpretative Declaration on the value of the unit of account in the context of Article 3 of the Financial Protocol

The Contracting Parties declare that:

1. 

The value of the unit of account used to express the amount mentioned in Article 3 of the Financial Protocol shall be 0,88867088 gram of fine gold.

2. 

The parity of the currency of a Member State of the ►M8  European Community ◄ in relation to the unit of account defined in paragraph 1 shall be the relation between the weight of fine gold contained in the unit of account and the weight of fine gold corresponding to the par value of that currency communicated to the International Monetary Fund. If no par value has been communicated, or if exchange rates differing from the par value by a margin exceeding that authorized by the International Monetary Fund are applied to current payments, the weight of fine gold corresponding to the parity of the currency shall be calculated on the basis of the exchange rate for a currency directly or indirectly expressed in and convertible into gold which is applied in the Member State to current payments, on the day of the calculation, and on the basis of the par value communicated to the International Monetary Fund for that convertible currency.

3. 

The unit of account defined in paragraph 1 shall remain unchanged throughout the period in which the Financial Protocol is in force. If, however, before the end of that period a uniform proportionate change in the par values of all currencies in relation to gold should be decided by the International Monetary Fund under Article IV, Section 7, of its Articles of Agreement, the weight of fine gold contained in the unit of account shall alter in inverse ratio to that change.

If one or more Member States do not apply the decision taken by the International Monetary Fund as referred to in the preceding subparagraph, the weight of fine gold contained in the unit of account shall alter in inverse ratio to the change decided by the International Monetary Fund. The Council of the European Communities shall, however, examine the situation thus created and shall take the necessary measures, acting by a qualified majority, after receiving a proposal from the Commission and the opinion of the Monetary Committee.

DECLARATIONS BY THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON THE AGREEMENT RELATING TO PRODUCTS WITHIN THE PROVINCE OF THE EUROPEAN COAL AND STEEL ►M8  EUROPEAN COMMUNITY ◄

1.    Declaration on the definition of the expression ‘German national’

All Germans as defined in the Basic Law for the Federal Republic of Germany shall be considered nationals of the Federal Republic of Germany.

2.    Declaration on the application to Berlin of the Agreement in respect of products within the province of the European Coal and Steel ►M8  European Community ◄

The Agreement on products within the province of the European Coal and Steel ►M8  European Community ◄ shall apply equally to Land Berlin unless the Government of the Federal Republic of Germany makes a declaration to the contrary to the other Contracting Parties within three months.

▼M7

SUPPLEMENTARY PROTOCOL

to the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey



THE ►M8  EUROPEAN COMMUNITY ◄ ,

of the one part, and

THE REPUBLIC OF TURKEY,

of the other part,

HAVING REGARD to the Agreement establishing an Association between the ►M8  European Community ◄ and the Republic of Turkey, signed at Ankara on 12 September 1963, and the Additional Protocol thereto, signed at Brussels on 23 November 1970, hereinafter referred to as the ‘Agreement’, and Decision No 1/80 of the Association Council of 19 September 1980,

CONSIDERING THAT the ►M8  European Community ◄ and Turkey wish to strengthen still further their relations in order to take account of the new dimension created by the accession to the European Communities of Spain and Portugal on 1 January 1986 and that Article 56 of the Additional Protocol provides for the possibility of taking the mutual interests of the ►M8  European Community ◄ and Turkey as defined by the Agreement into consideration on this occasion;

CONSIDERING THAT certain rules should be foreseen to enable Turkey's traditional export trade to the ►M8  European Community ◄ to be maintained,

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Jakob Esper LARSEN,

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of Denmark,

Chairman of the Permanent Representatives Committee;

Jean DURIEUX,

Special Adviser in the Directorate-General for External Relations of the Commission of the European Communities;

THE GOVERNMENT OF THE REPUBLIC OF TURKEY:

Pulat TACAR,

Ambassador Extraordinary and Plenipotentiary,

Permanent Delegate to the ►M8  European Community ◄ , head of the mission of the Republic of Turkey;

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

HAVE AGREED AS FOLLOWS:



Article 1

1.  
For 1990 and for each successive marketing year, the ►M8  European Community ◄ shall decide, on the basis of the statistical review and analysis referred to in paragraph 2, and taking into account factors relevant to the objective of maintaining traditional trade flows in the context of enlargement, whether to adjust the entry price, referred to in Regulation (EEC) No 1035/72, for fresh lemons falling within subheading ex 08.02 C of the Common Customs Tariff and originating in Turkey within a quantitative limit of 12 000 tonnes a year.
2.  
From 1987 onwards and at the end of each marketing year, the ►M8  European Community ◄ shall carry out, on the basis of a statistical review, an analysis of the situation for lemons originating in Turkey and exported to the ►M8  European Community ◄ .

For this same product, from 1989 onwards and for each subsequent year, the ►M8  European Community ◄ shall draw up, together with Turkey, a forecast of production and deliveries.

3.  
The possible adjustment provided for in paragraph 1 refers to the sum to be deducted, in respect of customs duty, from the representative prices recorded in the ►M8  European Community ◄ for the purpose of calculating the entry price of this product, within the limits set out in Article 152 (2) (c) of the Act of Accession of Spain and Portugal.

Article 2

Imports into the ►M8  European Community ◄ of fresh table grapes falling within subheading 08.04 A I b) of the Common Customs Tariff and originating in Turkey during the period from 18 to 31 July shall be admitted under the same conditions in respect of the abolition of customs duties as provided for the same product during the period from 15 to 17 July by Article 3 of Decision No 1/80 of the Association Council and paragraph 1 of the Exchange of Letters concluded between the EEC and the Republic of Turkey on 6 February 1981 concerning Article 3 (3) of that Decision.

Article 3

This Protocol shall form an integral part of the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey.

Article 4

1.  
This protocol shall be ratified, accepted or approved by the Contracting Parties in accordance with their own procedures; the Contracting Parties shall notify each other of the completion of the procedures necessary to that end.
2.  
This Protocol shall enter into force on the first day of the month following that in which the notification provided for in paragraph 1 was given.

Article 5

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

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

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne Protokol.

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

Εις πίστωσιν των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στο παρόν πρωτόκολλο.

In witness whereof the undersigned Plenipotentiaries have signed this Protocol.

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

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

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

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

Bunun belgesi olarak, aağıda adları yazılı tam yektili temsilciler bu protokolün altına imzalarını atmılardır.

Hecho en Bruselas, el ventitrés de julio de mil novecientos ochenta y siete.

Udfærdiget i Bruxelles, den treogtyvende juli nitten hundrede og syvogfirs.

Geschehen zu Brüssel am dreiundzwanzigsten Juli neunzehnhundertsiebenundachtzig.

Έγινε στις Βρυξέλλες, στις είκοσι τρεις Ιουλίου χίλια εννιακόσια ογδόντα επτά.

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

Fait à Bruxelles, le vingt-trois juillet mil neuf cent quatre-vingt-sept.

Fatto a Bruxelles, addì ventitré luglio millenovecentottantasette.

Gedaan te Brussel, de drieëntwintigste juli negentienhonderd zevenentachtig.

Feito em Bruxelas, em vinte e três de Julho de mil novecentos e oitente e sete.

Brüksel'de, 23 Termuz bin dokuz yüz seksen yedi gününde yapılmıtır.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Avrupa Toplulukları Konseyı adına

signatory

Por el Gobierno de la República de Turquía

Por regeringen for Republikken Tyrkiet

Für die Regierung der Republik Türkei

Για την κυβέρνηση της Δημοκρατίας της Τουρκίας

For the Government of the Republic of Turkey

Pour le gouvernement de la Republique turque

Per il governo della Repubblica di Turchia

Voor de Regering van de Republiek Turkije

Pelo Governo da República da Turquia

Türkiye Cumhurıyetı Hükümetı adına

signatory

Joint Declaration by the Contracting Parties on Article 1 of the Supplementary Protocol

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

The Contracting Parties further agree that the charging against quantitative limits of ►M8  European Community ◄ imports of products originating in Turkey and subject to such limits under the Supplementary Protocol shall begin on 1 January of each year.

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

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

Declaration by the representative of the Federal Republic of Germany on the application of the Supplementary Protocol to Berlin

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

▼B

FINAL ACT



The Plenipotentiaries of

His Majesty the King of the Belgians,

The President of the Federal Republic of Germany,

The President of the French Republic,

The President of the Italian Republic,

Her Royal Highness the Grand Duchess of Luxembourg,

Her Majesty the Queen of the Netherlands, and

The Council of the ►M8  European Community ◄ ,

of the one part, and

The President of the Republic of Turkey,

of the other part,

meeting at Ankara, on the twelfth day of September in the year one thousand nine hundred and sixty-three,

for the signature of the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey,

have adopted the following texts:



Agreement establishing an Association between the ►M8  European Community ◄ and Turkey and the Protocol listed below:

Protocol No 1: Provisional Protocol
Protocol No 2: Financial Protocol

The Plenipotentiaries have furthermore:

— 
adopted the Declarations which are listed below and annexed to this Act (Annex I):
1. 

Declaration of Intent on dried grapes, in connection with Article 2 of the Provisional Protocol,

2. 

Interpretative Declaration on the value of the unit of account referred to in Article 2 of the Financial Protocol,

3. 

Interpretative Declaration on the definition of ‘Contracting Parties’ used in the Agreement of Association,

— 
and taken note of the Declarations of the Government of the Federal Republic of Germany which are listed below and annexed to this Act (Annex II):
1. 

Declaration on the definition of the expression ‘German national’,

2. 

Declaration on the application of the Agreement to Berlin.

The Plenipotentiaries have agreed that the Declarations annexed to this Act shall be subjected, in the same manner as for the Agreement establishing an Association between the ►M8  European Community ◄ and Turkey, to any procedures that may be necessary to ensure their validity.

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

Done at Ankara, on the twelfth day of September in the year one thousand nine hundred and sixty-three.

For His Majesty the King of the Belgians,

For the President of the Federal Republic of Germany,

For the President of the French Republic,

For the President of the Italian Republic,

For Her Royal Highness the Grand Duchess of Luxembourg,

For Her Majesty the Queen of the Netherlands.

ANNEX I

1.   Declaration of Intention concerning dried grapes with reference to Article 2 of the Provisional Protocol

The ►M8  European Community ◄ declares that it does not envisage the establishment of a common organization of the market in dried grapes.

2.   Interpretative Declaration on the value of the unit of account in the context of Article 2 of the Financial Protocol

The Contracting Parties declare that:

1. 

The value of the unit of account used to express the amount mentioned in Article 2 of the Financial Protocol shall be 0.88867088 grammes of fine gold.

2. 

The parity of the currency of a Member State of the ►M8  European Community ◄ in relation to the unit of account defined in paragraph 1 shall be the relation between the weight of fine gold contained in the unit of account and the weight of fine gold corresponding to the par value of that currency communicated to the International Monetary Fund. If no par value has been communicated, or if exchange rates differing from the par value by a margin exceeding that authorized by the International Monetary Fund are applied to current payments, the weight of fine gold corresponding to the parity of the currency shall be calculated on the basis of the exchange rate for a currency directly or indirectly expressed in and convertible into gold which is applied in the Member State to current payments, on the day of the calculation, and on the basis of the par value communicated to the International Monetary Fund for that convertible currency.

3. 

The unit of account defined in paragraph 1 shall remain unchanged throughout the period in which the Financial Protocol is in force. If, however, before the end of that period a uniform proportionate change in the par values of all currencies in relation to gold should be decided by the International Monetary Fund under Article 4, Section 7, of its Articles of Agreement, the weight of fine gold contained in the unit of account shall alter in inverse ratio to that change.

If one or more Member States do not apply the decision taken by the International Monetary Fund as referred to in the preceding subparagraph, the weight of fine gold contained in the unit of account shall alter in inverse ratio to the change decided by the International Monetary Fund. The Council of the European Communities shall, however, examine the situation thus created and shall take the necessary measures, acting by a qualified majority, after receiving a proposal from the Commission and the opinion of the Monetary Committee.

3.   Interpretative Declaration on the definition of the expression ‘Contracting Parties’ used in the Agreement of Association

The Contracting Parties agree that for the purposes of the Agreement of Association ‘Contracting Parties’ means the ►M8  European Community ◄ and the Member States or alternatively the Member States alone or the ►M8  European Community ◄ alone on the one hand, and the Turkish Republic on the other. The meaning to be given to this expression in each particular case is to be deduced from the context of the Agreement and from the corresponding provisions of the Treaty establishing the ►M8  European Community ◄ . In certain circumstances ‘Contracting Parties’ may; during the transitional period of the Treaty establishing the ►M8  European Community ◄ , mean the Member States, and after the expiry of that period mean the ►M8  European Community ◄ .

ANNEX II

Declarations by the Government of the Federal Republic of Germany

1.    Declaration on the definition of the expression ‘German national’

All Germans as defined in the Basic Law for the Federal Republic of Germany shall be considered nationals of the Federal Republic of Germany.

2.    Declaration on the application of the Agreement to Berlin

The Agreement of Association shall apply equally to Land Berlin unless the Government of the Federal Republic of Germany makes a declaration to the contrary to the other Contracting Parties within the three months following the entry into force of the Agreement.