ADDITIONAL PROTOCOL to the Cooperation Agreement between the European Economic Community and the Hashemite Kingdom of Jordan

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE HASHEMITE KINGDOM OF JORDAN,

of the other part,

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

CONSIDERING that the Community and Jordan 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 43 of the Agreement provides for the possibility of improvements in its terms,

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

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

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

THE GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN,

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

HAVE AGREED AS FOLLOWS:

Article 1

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

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

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

3. For the products listed in Annex A, the Community may establish a reference quantity if it discovers, in the light of an annual review of trade flows which it shall carry out, that the volume of imports threatens to cause difficulties on the Community market.

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

to the reference quantity. For quantities of the product imported in excess of the quota the Community shall apply the customs duty prevailing under the Agreement.

Article 2

1. For the products originating in Jordan and listed in Annex B to this Protocol, the customs duties applicable to imports into the Community shall be phased out in accordance with Article 1 (1).

However, for fresh cut flowers and flowers buds falling within Common Customs Tariff subheading 06.03 A, customs duties shall be phased out progressively within the limit of a Community tariff quota of 50 tonnes, subject to the respect of certain conditions as agreed upon by Exchange of Letters.

2. For the purposes of phasing out customs duties, reference quantities shall be established in Annex B for certain products originating in Jordan.

Should the volume of imports of these products exceed the reference quantities, the Community, having regard to an annual review of trade flows which it shall carry out, may make the products in question subject to a Community tariff quota, the volume of which shall be equal to the reference quantities.

3. For the volume of imports in excess of the Community tariff quotas referred to in the second subparagraph of paragraph 1 and in paragraph 2, the Community shall apply the customs duties of the Common Customs Tariff.

4. For the products listed in Annex B, other than those referred to in the second subparagraph of paragraph 1 and in paragraph 2, the Community may establish a reference quantity in accordance with the conditions set in paragraph 2, if it discovers, in the light of the annual review of trade flows which it shall carry out, that the volume of imports threatens to cause difficulties on the Community market.

Article 3

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

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

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

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

2. The Cooperation Council shall determine as soon as possible the composition of this committee and how it shall function in accordance with Article 37 (2) of the Agreement. It may also decide, where appropriate, upon the submission of reports to the Council by the committee.

Article 4

The Community and Jordan shall, as from 1995, examine the results of the cooperation between the Contracting Parties in order to appraise the situation and the future development of their relations in the light of the objectives defined in the Agreement.

Article 5

This Protocol shall form an integral part of the Cooperation Agreement between the European Economic Community and the Hashemite Kingdom of Jordan.

Article 6

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 7

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

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

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne protokol.

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

Åßò ðéóôùóç ôùí áíùôÝñù, ïé õðïãåãñáììÝíïé ðëçñåîïýóéïé Ýèåóáí ôéò õðïãñáöÝò ôïõò óôï ðáñüí ðñùôüêïëëï.

In witness whereof the undersigned Plenipotentiaries have signed this Protocol.

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

In fede di che, 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 plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente Protocolo.

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

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

Geschehen zu Brüssel am neunten Juli neunzehnhundertsiebenundachtzig.

ßÅãéíå óôéò ÂñõîÝëëåò, óôéò åííÝá Éïõëßïõ ÷ßëéá åííéáêüóéá ïãäüíôá åöôÜ.

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

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

Fatto a Bruxelles, addì nove luglio millenovecentottantasette.

Gedaan te Brussel, de negende juli negentienhonderd zevenentachtig.

Feito em Bruxelas, em nove de Julho de mil novecentos e oitenta e sete.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìqïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Por el Gobierno del Reino Hachemita de Jordania

For regeringen for Det Hashemitiske Kongerige Jordan

Für die Regierungen des Haschemitischen Königreichs Jordanien

Ãéá ôçí ÊõqÝñíçóç ôïõ ×áóåìéôéêïý Âáóéëåßïõ ôçò Éïñäáíßáò

For the Government of the Hashemite Kingdom of Jordan

Pour le gouvernement du royaume hachémite de Jordanie

Per il governo del Regno hascemita di Giordania

Voor de Regering van het Hasjemitische Koninkrijk Jordanië

Pelo Governo do Reino Hachemita da Jordânia

ANNEX A

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ANNEX B

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

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

The Contracting Parties further agree that the charging against quantitative limits of Community imports of products originating in Jordan and subject to such limits under the Additional Protocol shall begin on 1 January of each year, except for the following products for which the dates set out hereinafter shall apply:

- 06.03 A:

Cut flowers and flower buds: 1 November.

- 07.01 M I:

Tomatoes: 1 December.

- 08.02 A:

Oranges: 1 July.

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

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

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

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

EXCHANGE OF LETTERS regarding Article 2 (1), second subparagraph, of the Additional Protocol as regards imports into the Community of fresh cut flowers and flower buds falling within subheading 06.03 A of the Common Customs Tariff

A. Letter from the Community

Brussels, . . . . . .

Sir,

Article 2 (1) of the Additional Protocol provides for the progressive phasing out of customs duties on imports into the Community of fresh cut flowers and flower buds falling within subheading 06.03 A of the Common Customs Tariff, originating in Jordan, subject to a limit of 50 tonnes.

For roses and carnations qualifying for this tariff dismantling, Jordan undertakes to respect the price level on import into the Community as defined below:

- the price level on import into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

- the Jordanian price level shall be determined by the registration, on the representative Community import markets, of the prices of imported products, customs duties not deducted,

- the Community price level shall be based on producer prices registered on representative markets of the main producer Member States,

- for the analysis of Community producer prices and the import prices of Jordanian products, two types of roses shall be distinguished, those with large and with small flowers, and, for carnations, the unifloral and multi-floral types.

If, during two successive market days, for the same type of product and for at least 30 % of the quantities imported into the Community for which price quotations are available, the Jordanian price level is below 85 % of the Community price level, the tariff preference shall be suspended. The Community will restore the tariff preference after registering a Jordanian price level equal or superior to 85 % of the Community price level during two successive market days, or six successive working days in the absence of quotations for products originating in Jordan.

If, over five to seven successive market days, the Jordanian price level fluctuates around 85 % of the Community price level and is below this limit for three days, the tariff preference shall be suspended for a period of six days. However, the preferential customs duty shall be restored by the Community if, during three successive market days, a Jordanian price level is registered equal or superior to 85 % of the Community price level.

I should be obliged if you would confirm that your Government is in agreement with the foregoing.

Please accept, Sir, the assurance of my highest consideration.

On behalf

of the Council of the European Communities

Official Journal of the European Communities

B. Letter from the Jordanian Government

Brussels,. . . . . .

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

'Article 2 (1) of the Additional Protocol provides for the progressive phasing out of customs duties on imports into the Community of fresh cut flowers and flower buds falling within subheading 06.03 A of the Common Customs Tariff, originating in Jordan, subject to a limit of 50 tonnes.

For roses and carnations qualifying for this tariff dismantling, Jordan undertakes to respect the price level on import into the Community as defined below:

- the price level on import into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods,

- the Jordanian price level shall be determined by the registration, on the representative Community import markets, of the prices of imported products, customs duties not deducted,

- the Community price level shall be based on producer prices registered on representative markets of the main producer Member States,

- for the analysis of Community producer prices and the import prices of Jordanian products, two types of roses shall be distinguished, those with large and with small flowers, and, for carnations, the unifloral and multi-floral types.

If, during two successive market days, for the same type of product and for at least 30 % of the quantities imported into the Community for which price quotations are available, the Jordanian price level is below 85 % of the Community price level, the tariff preference shall be suspended. The Community will restore the tariff preference after registering a Jordanian price level equal or superior to 85 % of the Community price level during two successive market days, or six successive working days in the absence of quotations for products originating in Jordan.

If, over five to seven successive market days, the Jordanian price level fluctuates around 85 % of the Community price level and is below this limit for three days, the tariff preference shall be suspended for a period of six days. However, the preferential customs duty shall be restored by the Community if, during three successive market days, a Jordanian price level is registered equal or superior to 85 % of the Community price level.

I should be obliged if you would confirm that your Government is in agreement with the foregoing.'

I have the honour to confirm that my Government is in agreement with the contents of your letter.

Please accept, sir, the assurance of my highest consideration.

For the Government

of the Hashemite Kingdom of Jordan