FOURTH ADDITIONAL PROTOCOL to the Agreement between the European Economic Community and the State of Israel

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE STATE OF ISRAEL,

of the other part,

HAVING REGARD to the Agreement between the European Economic Community and the State of Israel, signed at Brussels on 11 May 1975, hereinafter referred to as the 'Agreement', and to the Additional Protocol signed at Brussels on 8 February 1977,

CONSIDERING THAT the Community and Israel wish to strengthen still further their relations in order to take account to the new dimension created by the accession to the European Communities of Spain and Portugal, on 1 January 1986, and that Article 22 of the Agreement provides for the possibility of improvements in its terms,

CONSIDERING THAT certain rules should be foreseen to enable Israel's traditional export trade to 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:

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 STATE OF ISRAEL:

Avraham PRIMOR,

Ambassador Extraordinary and Plenipotentiary;

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 Israel 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 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 of customs duties and where the level of customs duties in force for Spanish imports into the Community as constituted on 31 December 1985 differs from that applied to imports originating in Portugal, products originating in Israel 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 Israel 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 Israel.

3. The provisions of paragraphs 1 and 2 shall apply within the limits and in accordance with the special conditions to which the tariff reductions laid down in Articles 9 and 10 of Protocol 1 to the Agreement are subject.

4. Customs duties on imports of products originating in Israel and listed in Annex A 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 such 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 certain products listed in Annex A and originating in Israel, the reference quantities indicated in the said Annex are hereby established.

Should the volume of imports of one of these products 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. Should the Community discover, in the light of the annual review of trade flows which it shall carry out, that the volume of imports of a product or products listed in Annex A, other than those referred to in paragraphs 4 and 5, threatens to cause difficulties on the Community market, it may establish a reference quantity as provided for in paragraph 5.

Article 2

1. Customs duties on imports into the Community of products listed in Annex B to this Protocol and originating in Israel shall be phased out in the same way as indicated in Article 1 (1), (4), (5) and (6).

However, once the volume of imports of such products exceeds the Community tariff quotas, within the meaning of Article 1 (4), the Community shall apply the customs duties of the Common Customs Tariff.

2. The phasing out of customs duties for cut flowers and flower buds, fresh, falling within subheading 06.03 A of the Common Customs Tariff, shall be subject to certain conditions agreed by exchange of letters.

Article 3

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 the following products originating in Israel within the quantitative limits set out below:

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

For these same products, from 1989 onwards and for each subsequent year, the Community shall draw up, together with Israel, 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 each of these products, within the limits set out in Article 152 (2) (c) of the Act of Accession of Spain and Portugal.

Article 4

Customs duties on imports into Israel of the products listed below and originating in the Community shall be phased out

between 1 January 1990 and 31 December 1995. The necessary arrangements shall be agreed by exchange of letters before 1 January 1990.

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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 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 Israel.

2. The Cooperation Council shall decide as soon as possible on the composition of this committee and how it shall function, in accordance with Article 12 (2) of the Additional Protocol to the Agreement signed on 8 February 1977. 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 Israel shall examine the results of 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 Agreement between the European Economic Community and the State of Israel.

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 procedure 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 Hebrew 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, 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 quince de diciembre de mil novecientos ochenta y siete.

Udfærdiget i Bruxelles, den femtende december nitten hundrede og syvogfirs.

Geschehen zu Brüssel am fünfzehnten Dezember neunzehnhundertsiebenundachtzig.

éÅãéíå óôéò ÂñõîÝëëåò, óôéò äÝêá ðÝíôå Äåêåìâñßïõ ÷ßëéá åííéáêüóéá ïãäüíôá åðôÜ.

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

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

Fatto a Bruxelles, addì quindici dicembre millenovecentottantasette.

Gedaan te Brussel, de vijftiende december negentienhonderdzevenentachtig.

Feito em Bruxelas, em quinze de Dezembro 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 Óõìâïýëéï 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 Estado de Israel

For Israel

Für den Staat Israel

Ãéá ôï êñÜôïò ôïõ ÉóñáÞë

For the State of Israel

Pour l'État d'Israël

Per lo Stato d'Israele

Voor de Staat Israël

Pelo Estado de Israel

ANNEX A

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ANNEX B

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Joint declaration by the Contracting Parties on Articles 1, 2, and 3 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, 2 and 3 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 Israel which are subject to such limits under the Additional Protocol shall begin on 1 January of each year, except in respect of the following products, for which the dates set out below shall apply:

- 08.02 ex A. Oranges, fresh: 1 July

- 08.02 ex B. Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids; fresh: 1 July

- 06.03 ex A. Cut flowers and flower buds, fresh: 1 November

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 and 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 Fourth Additional Protocol to Berlin

The Fourth 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.