ADDITIONAL PROTOCOL to the Cooperation Agreement between the European Economic Community and the Republic of Tunisia

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE REPUBLIC OF TUNISIA,

of the other part,

HAVING REGARD to the Cooperation Agreement between the European Economic Community and the Republic of Tunisia, signed at Tunis on 25 April 1976, hereinafter referred to as the 'Agreement',

CONSIDERING that the Community and Tunisia 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 54 of the Agreement provides for the possibility of improvements in its terms,

CONSIDERING that certain rules should be foreseen to enable Tunisia'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 REPUBLIC OF TUNISIA:

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 Tunisia covered by the Agreement and listed in the Annex to this Protocol 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 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 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 for Portugal, products originating in Tunisia shall be subject to the higher of the two rates.

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

3. The provision of paragraphs 1 and 2 apply within the limits and the special conditions foreseen for the tariff reductions laid down in Articles 19 and 21 of the Agreement.

4. Customs duties on imports of products listed in the Annex and originating in Tunisia in respect of which Community tariff quotas are indicated in the said Annex shall be phased out within the limits of such quotas.

Once the volume of imports of these products exceeds the quotas, the Community shall apply the customs duties prevailing under the Agreement.

5. For the purposes of phasing out customs duties for new potatoes falling within Common Customs Tariff subheading 07.01 A II ex a) originating in Tunisia, a reference quantity of 2 600 tonnes is established.

Should the volume of imports of this product exceed the reference quantity, the Community, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a Community tariff quota as provided for in paragraph 4, the volume of which shall be equal to the reference quantity.

6. For the products listed in the Annex other than those mentioned in paragraphs 4 and 5, the Community may establish a reference quantity as provided for in paragraph 5 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 2

1. For 1990 and for each successive marketing year, the 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) N° 1035/72, for fresh oranges falling within Common Customs Tariff subheading 08.02 ex A and originating in Tunisia, within a quantitative limit of 28 000 tonnes.

2. From 1987 onwards and at the end of each marketing year, the Community shall carry out, on the basis of a statistical review, an analysis of the situation for oranges originating in Tunisia and exported to the Community.

For this same product, from 1989 onwards and for each subsequent year, the Community shall draw up, together with Tunisia, 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 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 3

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 and originating in Tunisia, applicable at the time of entry into force of the Additional Protocol dated 26 May 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 160 000 hectolitres.

For imports in excess of the quota, customs duties of the Common Customs Tariff for the said wines shall be reduced by 80 %.

2. The provisions of paragraph 1 shall apply provided that the prices for import, into the Community, of wine originating in Tunisia, 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 Tunisia which is entitled to a designation of origin under Tunisian law, listed in an Exchange of Letters concluded between the Contracting Parties 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 50 000 hectolitres.

For the purposes of applying this paragraph, Tunisia 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 Tunisian authority, in accordance with the model given in Annex D to this Agreement.

The tariff exemption provided for in this paragraph shall apply once the Exchange of Letters referred to in the first subparagraph has been concluded following verification of the equivalence of Tunisian and Community legislation with regard to wine entitled to a designation of origin; it shall apply from the date fixed in that Exchange of Letters.

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 Tunisia, 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 phased out at the rate indicated below within the limit of an annual volume of 10 000 hectolitres:

- on the entry into force of the Additonal 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 150 000 hectolitres.

The situation shall be reviewed before 1 January 1990.'

Article 4

1. For each marketing year during the period between the date of entry into force of this Protocol and 31 December 1990, within the limit of a quantity of 46 000 tonnes per marketing year, by derogation from Article 16 (1) and (2) and Annex B of the Agreement, a special levy shall be charged on imports of unprocessed olive oil falling within subheading 15.07 A I a) or b) of the Common Customs Tariff wholly obtained in Tunisia and transported direct from that country to the Community. This levy shall be equal to the difference between the threshold price fixed in accordance with Articles 4, 9 and 10 of Regulation N° 136/66/EEC and the free-at-frontier price fixed in accordance with the procedure referred to in Article 38 of this Regulation.

2. When determining the free-at-frontier price referred to in paragraph 1, the Community shall take into consideration:

- the price guaranteed by the Tunisian Government to its producers,

- the cost involved in transporting the olive oil cif to the Community frontier crossing point.

Prices shall be adjusted to take account of any differences in quality by comparison with the designation or quality for which the threshold price was fixed.

3. Before 30 June 1990 the Community and Tunisia will, taking the Community's policy in this sector into account, review the arrangements to be applied as from 1 January 1991.

Article 5

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 Tunisia.

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 6

From 1995 onwards the Community and Tunisia 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 7

This Protocol shall form an integral part of the Cooperation Agreement between the European Economic Community and the Republic of Tunisia.

Article 8

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 9

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 ventiséis de mayo de mil novecientos ochenta y siete.

Udfærdiget i Bruxelles, den seksogtyvende maj nitten hundrede og syvogfirs.

Geschehen zu Brüssel am sechsundzwansigsten Mai neunzehnhundertsiebenundachtzig.

ßÅãéíå óôéò ÂñõîÝëëåò, óôéò åßêïóé Ýîé ÌáÀïõ ÷ßëéá åííéáêüóéá ïãäüíôá åöôÜ.

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

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

Fatto a Bruxelles, addì ventisei maggio millenovecentottantasette.

Gedaan te Brussel, de zesentwintigste mei negentienhonderd zevenentachtig.

Feito em Bruxelas, em vinte e seis de Maio 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 la República de Túnez

For Den Tunesiske Republik

Für die tunesische Republik

Ãéá ôç Äçìïêñáôßá ôçò Ôõíçóßáò

For the Republic of Tunisia

Pour la République tunisienne

Per la Repubblica di Tunisia

Voor de Republiek Tunesië

Pelo República da Tunísia

ANNEX

>TABLE>

Joint Declaration by the Contracting Parties on Articles 1, 2, 3 and 4 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 Articles 1, 2, 3 and 4 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 Tunisia and subject to such limits under the Additional Protocol shall begin on 1 January of each year, except in respect of oranges, for which the date of 1 July shall apply, and olive oil, for which the date of 1 November shall apply.

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

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 Mediterranean 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.