ADDITIONAL PROTOCOL to the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA,

of the other part,

HAVING REGARD to the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria signed at Algiers on 26 April 1976, hereinafter referred to as the 'Agreement',

CONSIDERING that the Community and Algeria 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 53 of the Agreement provides for the possibility of improvements in its terms,

CONSIDERING that certain rules should be laid down to enable Algeria'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 PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA:

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 listed in Annex A to this Protocol and originating in Algeria shall be phased out over the same periods and at the same rates as provided in the Act of Accession of Spain and Portugal in respect of imports into the Community as constituted on 31 December 1985 of the same products originating in Spain or Portugal. This provision shall be applied in accordance with the rules hereinafter set out in this Article.

In the course of this phasing-out and where the level of customs duties in force for Spanish imports into the Community as constituted on 31 December 1985 differs from that for Portugal, products originating in Algeria 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 Algeria than for Spain, Portugal or both, phasing out of the duty shall commence once the duty on that product from both Spain and Portugal has fallen below that applied to imports originating in Algeria.

3. The provisions of paragraphs 1 and 2 shall apply in accordance with the special conditions concerning tariff reductions laid down in Article 19 of the Agreement.

4. Should the Community discover, in the light of an annual review of trade flows which it shall carry out, that the volume of imports of a product listed in Annex A threatens to cause difficulties on the Community market, it may establish a reference quantity for that product.

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. Once the volume of imports of such products exceeds the quota, the Community shall apply the customs duties resulting from the Agreement.

Article 2

Article 20 of the Agreement is replaced by the following:

'1. Customs duties on imports into the Community of wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff originating in Algeria applicable at the time of entry into force of the Additional Protocol dated 25 June 1987 shall be phased out in accordance with the rules set out in Article 1 of that Protocol.

This provision shall apply within the limit of a Community tariff quota of 200 000 hectolitres.

Customs duties on imports of the said wines into the Community shall be reduced by 80 % for imports in excess of the quota.

2. The provisions of paragraph 1 shall apply provided that the prices for import, into the Community, of wine originating in Algeria, plus the customs duties actually levied, are not less at any given time than the Community reference prices or the prices resulting from the application of the specific provisions of paragraphs 4

and 5.

3. Wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff and originating in Algeria which is entitled to a designation of origin under Algerian law, listed in Annex B to the Additional Protocol and put up in containers holding two litres or less, shall be exempt from customs duties on importation into the Community within the limit of an annual Community tariff quota of 200 000 hectolitres.

For the purposes of applying this paragraph, Algeria shall be responsible for verifying the identity of the above wines in accordance with its national rules; all the wine concerned shall be accompanied by a certificate of designation of origin issued by the relevant Algerian authority, in accordance with the model given in Annex D to this Agreement.

4. For wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff presented in containers of two litres or less and originating in Algeria, the fixed amount added to the price referred to in Article 53 of Regulation (EEC) N° 822/87 on the common organization of the market in wine shall be dismantled at the rate indicated below, within the limit of an annual volume of 400 000 hectolitres:

- on entry into force of the Additional Protocol, the fixed amount shall be reduced to 75 %,

- on 1 January 1988 the fixed amount shall be reduced to 62,5 %,

- on 1 January 1989 the fixed amount shall be reduced to 50 %,

- on 1 January 1990 the fixed amount shall be reduced to 37,5 %,

- on 1 January 1991 the fixed amount shall be reduced to 25 %,

- on 1 January 1992 the fixed amount shall be reduced to 12,5 %,

- on 1 January 1993 the fixed amount shall be reduced to 0 %.

5. The Community may fix a special frontier price for wine of fresh grapes falling within heading N° ex 22.05 of the Common Customs Tariff presented in containers of more than two litres if, for the marketing year current when the Additional Protocol enters into force, it is established on the basis of information available at the end of this current marketing year that there is a fall in the level of exports of these wines to the Community compared to the previous marketing year. This latter marketing year shall serve as a reference year. For subsequent marketing years, the exports made shall be compared to the reference year.

Such special frontier price shall be fixed each year before the marketing year and shall apply within the limit of an annual volume of 160 000 hectolitres.

The situation shall be reviewed before 1 January 1990.'

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 opportunities 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 Algeria.

2. The Cooperation Council shall determine as soon as possible the composition of this committee and how it shall

function, in accordance with Article 46 (3) of the Agreement. It may also decide, where appropriate, upon the submission of reports to the Council by the committee.

Article 4

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

Article 5

This Protocol shall form an integral part of the Cooperation Agreement between the European Economic Community and the People's Democratic Republic of Algeria.

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.

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

In witness whereof the undersigned Plenipotentiaries have signed this Protocol.

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

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

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

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

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

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

Geschehen zu Brüssel am fünfundzwanzigsten Juni neunzehnhundertsiebenundachtzig.

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

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

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

Fatto a Bruxelles, addì venticinque giugno millenovecentottantasette.

Gedaan te Brussel, de vijfentwintigste juni negentienhonderd zevenentachtig.

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

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìqïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Por el Gobierno de la República Argelina Democrática y Popular

For regeringen for Den Demokratiske Folkerepublik Algeriet

Für die Regierungen der Demokratischen Volksrepublik Algerien

Ãéá ôçí ÊõqÝñíçóç ôçò ÄçìïêñáôéêÞò êáé ËáúêÞò Äçìïêñáôßáò ôçò Áëãåñßáò

For the Government of the People's Democratic Republic of Algeria

Pour le gouvernement de la République algérienne démocratique et populaire

Per il governo della Repubblica democratica popolare di Algeria

Voor de Regering van de Democratische Volksrepubliek Algerije

Pelo Governo da República Democrática e Popular Argelina

ANNEX A

>TABLE>

ANNEX B

Wines referred to in Article 2 (3) of the Additional Protocol

- Aïn Bessem-Bouira

- Médéa

- Coteaux du Zaccar

- Dahra

- Coteaux de Mascara

- Monts du Tessalah

- Coteaux de Tlemcen

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 or seasonal year, as the case may be, the quantitative limits referred to in Articles 1 and 2 shall be applied on a pro rata basis.

The Contracting Parties further agree that the charging against quantitative limits of Community imports of products originating in Algeria which are subject to such limits under the Additional Protocol shall begin on 1 January of each year.

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

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

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

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

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

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

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

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