prop · GF03147 · 1992-01-01 00:00:00 — Det är därför viktigt att se till att svenska exportörer inte drabbas av tullbarriärer på denna marknad samt att de inte kommer att behandlas sämre än företag från andra länder. Det är dessutom angeläget att skapa gynnsamma villkor för svenska investeringar och legotillverkning i genom att avskaffa importtullar i för varor som tillverkas i . Ett främjande av investeringar på detta sätt kommer såväl som de svenska företagen till del. Genom frihandelsavtalet mellan och uppnås dessa mål. Genom avtalet skapas ett frihandelsområde inom vilket i stort sett alla handelshinder avskaffas för industrivaror. Jag förordar därför att avtalet godkänns. Genom jordbruksavtalet mellan och uppnås vissa lättnader i handeln parterna emellan med jordbruksprodukter, bearbetade jordbruksprodukter och fisk. Efter samråd med jordbruksministern förordar jag att jordbruksavtalet godkänns. Enligt 5 § lagen (1987:1069) om tullfrihet m.m. får regeringen meddela föreskrifter om tullfrihet, tullnedsättning och återbetalning av tull med anledning av internationella handelsöverenskommelser som har ingått eller anslutit sig till. Det ankommer därför på regeringen att med stöd av detta bemyndigande införliva avtalen i därav berörda delar i svensk rätt. Jag hemställer att regeringen föreslår att 1. godkänna frihandelsavtalet mellan och , 2. godkänna jordbruksavtalet mellan och . Regeringen ansluter sig till föredragandens överväganden och beslutar att genom proposition föreslå att anta de förslag som föredraganden har lagt fram. r4,3,5 Free trade Agreement between the Kingdom of and the Republic of Estonia The Kingdom of and the Republic of Estonia, Recalling the importance of the traditional links between and Estonia and the common values they share, and recognizing their wish to strengthen these links and to establish close and lasting relations, Desiring to create favourable conditions for the development and diversification of trade between them and for the promotion of commercial and economic co- operation in areas of common interest on the basis of equality, mutual benefit and international law, Having regard to the Declaration signed by the EFTA States and Estonia on , 1991, Having regard to the Trade Agreement between and Estonia signed on 28 October, 1991, in particular to the provision contained therein that the Parties shall accord most-favoured-nation treatment to each other, and to the objective expressed in that Agreement to establish free trade between the two countries, Reaffirming their commitment to pluralistic democracy based on the rule of law, human rights, and fundamental freedoms, and sharing the principles of the Final Act of the Conference on Security and Co-operation in Europe, the Concluding Documents of the and meetings, the Document of the Conference on Economic Co-operation in Europe, and the Charter of for a New Europe, Having regard to the emerging process of economic liberalization taking place in Estonia aimed at the of a market economy, thus facilitating the integration of Estonia into and world economy, Resolved to develop further their relations in the field of trade in accordance with the principles of the General on Tariffs and Trade, Considering that no provision of this Agreement may be interpreted as exempting the Parties from their obligations under other international agreements, agreed as follows: The objectives of this Agreement are: (a) to promote, through the of free trade according to the provisions of this Agreement, the harmonious development of economic relations between and Estonia, and thus to the expansion of reciprocal trade, the advance of economic activity, the improvement of living and employment conditions, increased productivity, and financial stability; (b) to promote fair conditions of competition in the mutual trade between and Estonia; (c) to contribute, in this way, to European economic integration and the harmonious development and expansion of world trade. Scope of the Agreement This Agreement shall apply to products falling within Chapters 25 to 97 of the Harmonized Commodity Description and , which originate in or in Estonia. Protocol A lays down the rules of origin and related methods of administrative co-operation. The Parties shall take appropriate measures, including arrangements for administrative co-operation, to ensure that the provisions of Articles 4 (Prohibition and Abolition of Customs Duties and Charges Having Equivalent Effect), 5 (Prohibition and Abolition of Quantitative Restrictions and Measures Having Equivalent Effect), 8 (Internal Taxation), and 17 (Re-export and Serious Shortage), and Protocol A are effectively and harmoniously applied, and to reduce, as far as possible, the formalities imposed on trade, and to achieve mutually satisfactory solutions to any difficulties arising out of the operation of those provisions. Prohibition and Abolition of Customs Duties and Charges Having Equivalent Effect No new customs duty on imports and exports or charges having equivalent effect shall be introduced in trade between and Estonia. Customs duties on imports and exports and charges having equivalent effect shall be abolished upon the entry into force of this Agreement. The provisions of this Article shall also apply to customs duties of a fiscal nature. Prohibition and Abolition of Quantitative Restrictions and Measures Having Equivalent Effect No new quantitative restrictions on imports and exports or measures having equivalent effect shall be introduced in trade between and Estonia. Quantitative restrictions on imports and exports and measures having equivalent effect shall be abolished upon the entry into force of this Agreement except as provided for in . Article 6 This Agreement shall not preclude prohibitions or restrictions on imports, exports, or goods in transit, justified on grounds of public morality, public policy, or public security; protection of the health and life of humans, animals, or plants; protection of the environment; protection of national treasures possessing artistic, historic, or archaeological value; protection of intellectual property; or rules relating to gold or silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. The Parties declare their readiness to , in so far as their agricultural policies allow, the harmonious development of trade in agricultural products. In pursuance of this objective the Parties will conclude an arrangement providing for measures to facilitate trade in agricultural products and to establish free trade with respect to specific agricultural, specific processed agricultural, and specific fish products. The Parties shall apply their regulations in veterinary, plant health and health matters in a non-discriminatory fashion, and shall not introduce any new measures that unduly obstruct trade. The Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between products originating in one Party and like products originating in the other Party. Products exported to the territory of one of the Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them. Payments relating to trade in goods and the transfer of such payments to the territory of the Party where the creditor resides shall be free from any restrictions. Payments between the Parties shall be effected in freely convertible currencies, unless otherwise agreed by specific companies in specific cases. The Parties shall refrain from any currency exchange restrictions or administrative restrictions on the grant, repayment, or acceptance of short and medium-term credits covering commercial transactions in which a resident participates. State Aid, and Rules of Competition and Public Procurement The Parties shall not maintain or introduce export aid as listed in . The Parties shall make best endeavours to ensure fair competition in their mutual trade. Rules between the parties concerning competition between enterprises, other state aid than export aid, and public procurement shall be elaborated and put into effect not later than , 1995. If a Party to this Agreement considers that a given practice is incompatible with paragraph 1, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 19 (Procedure for the Application of Safeguard Measures). Protection of Intellectual Property The Parties to this Agreement shall co-operate with the aim of gradually improving the non-discriminatory protection of intellectual property rights, including measures for the grant and enforcement of such rights. Rules between the Parties concerning the protection of intellectual property rights shall be elaborated and put into effect not later than , 1995. These rules shall ensure a level of protection similar to that prevailing in the member states of Communities and in the member states of . With respect to paragraph 1 of this Article, intellectual property rights shall include, in particular, protection of copyright, comprising computer programmes, databases, and neighbouring rights; trademarks; geographical indications; industrial designs; patents; topographies of integrated circuits; as well as undisclosed information on know-how. Promotion of Trade and Economic Co-operation The Parties shall promote trade and economic co- operation between them, including fostering a favourable climate for investments, joint , and sub- contracting, and facilitating trade promotion activities. The Parties undertake to examine, in the light of any relevant factor, the possibility of further developing and deepening the co-operation under this Agreement and to extend it to areas not covered therein. If a Party finds that dumping is taking place in trade relations governed by this Agreement, it may take the appropriate measures against that practice in accordance with Article VI of the General on Tariffs and Trade and agreements related to that Article, under the conditions and in accordance with the procedure laid down in Article 19 (Procedure for the Application of Safeguard Measures). Emergency Action on Imports of If an increase in imports of a given product originating in or Estonia occurs in quantities or under conditions which cause, or are likely to cause: (a) serious injury to domestic producers of like or directly competitive products in the territory of the other Party, or (b) serious disturbances in any related sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Party concerned may take appropriate measures under the conditions and in accordance with the procedure laid down in Article 19 (Procedure for the Application of Safeguard Measures). Exceptional measures of limited duration which derogate from the provisions of Article 4 may be taken by Estonia in the form of customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Estonia to products originating in , introduced by these measures, may not exceed 25 percent ad valorem. Such customs duties shall maintain an element of preference for products originating in , and they may not exceed customs duties levied on the imports to Estonia of similar goods from any other country. The total value of imports of the products which are subject to these measures may not exceed 15 percent of total imports of industrial products from , as defined in Article 2, during the last year for which statistics are available. These measures shall be applied for a period not exceeding five years unless a longer duration is authorized by , and cannot be introduced later than five years after the entry into force of this Agreement. Estonia shall inform exceptional measures it intends to take and, at the request of , consultations shall be held in measures and the sectors to which they apply before the measures are introduced. When taking such measures Estonia shall provide with a schedule for the elimination of the customs duties introduced under this Article. The schedule shall provide for a phasing out of these duties starting at the latest two years after their introduction at equal annual rates. may decide on a different schedule. Re-export and Serious Shortage Where compliance with the provisions of Articles 4 and 5 leads to: (a) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties, or measures or charges having equivalent effect; or (b) a serious shortage, or threat thereof, of a product essential to the exporting Party; and where the situations referred to above give rise or are likely to give rise to major difficulties for the exporting Party, that Party may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 19 (Procedure for the Application of Safeguard Measures). Balance of Payments Difficulties Notwithstanding the provisions of Articles 4 and 5, a Party may, consistently with its other international obligations, introduce restrictive measures on trade if it is in serious balance of payments difficulties or under imminent threat thereof. Such measures shall be of a temporary nature. Measures taken in accordance with paragraph 1 of this Article shall be notified to , if possible prior to their introduction. shall, upon the request of the other Party, examine the need for maintaining the measures taken. Procedure for the Application of Safeguard Measures Before initiating the procedure for the application of safeguard measures set out in this Article, the Parties shall endeavour to solve any differences between them through direct consultations. Without prejudice to paragraph 5 of this Article, a Party which considers resorting to safeguard measures shall promptly notify thereof and supply all relevant information. Consultations shall take place without delay in with a view to finding a mutually acceptable solution. (a) As regards Article 10 (State Aid, and Rules of Competition and Public Procurement), the Party concerned shall give to all the assistance required for the examination of the case and shall, where appropriate, eliminate the practice objected to. If the Party in question fails to put an end to the practice objected to within the period fixed by or if fails to reach an agreement within three months of the matter being referred to it, the Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question. (b) As regards Articles 14 (Dumping), 15 (Emergency Action on Imports of ), and 17 (Re- export and Serious Shortage), shall examine the situation and may take any decision needed to put an end to the difficulties notified by the Party concerned. In the absence of such decision within thirty days of the matter being referred to , the Party concerned may adopt the measures necessary in order to remedy the situation. (c) As regards Article 22 (Fulfillment of Obligations), the Party concerned may take appropriate measures after the consultations have been concluded or a period of three months has elapsed from the date of notification. The safeguard measures taken shall be notified immediately to . They shall be restricted with regard to their extent and to their duration to what is strictly necessary in order to rectify the situation giving rise to their application and shall not be in excess of the injury caused by the practice or the difficulty in question. Priority shall be given to such measures as will least disturb the functioning of the Agreement. The safeguard measures taken shall be the object of regular consultations within with a view to their relaxation, substitution, or abolition as soon as possible. Where exceptional circumstances requiring immediate action make prior examination impossible, the Party concerned may, in the cases of Articles 10 (State Aid, and Rules of Competition and Public Procurement), 14 (Dumping), 15 (Emergency Action on Imports of ), and 17 (Re-export and Serious Shortage), apply forthwith the precautionary measures strictly necessary to remedy the situation. The measures shall be notified without delay, and consultations between the Parties shall take place as soon as possible within . Nothing in this Agreement shall prevent a Party from taking any measures which it considers necessary: (a) to prevent the disclosure of information contrary to its essential security interests; (b) for the protection of its essential security interests or for the implementation of international obligations or national policies (b) (i)ii relating to the traffic in arms, ammunition, and implements of war, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes, and to such traffic in other goods, materials, and services as is carried on directly or indirectly for the purpose of supplying a military ; or (b) (ii)i relating to the non-proliferation of biological and chemical weapons, nuclear weapons, or other nuclear explosive devices; or (b) (iii) taken in time of war or other serious international tension. The implementation of this Agreement shall be supervised and administered by a . shall consist of representatives of on the one hand, and of representatives of Estonia, on the other. It shall act by mutual agreement and shall meet whenever necessary but at least once a year. Each Party may request that a meeting be held. may decide to amend the Annexes I and II and the Protocol A to this Agreement. may decide to set up such subcommittees and working parties as it considers necessary to assist it in accomplishing its tasks. The Parties to this Agreement shall take all necessary measures to ensure the achievement of the objectives of the Agreement and the fulfillment of their obligations under the Agreement. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, the Party concerned may take the appropriate measures under the conditions and in accordance with the procedures laid down in Article 19 (Procedure for the Application of Safeguard Measures). The Annexes I and II and the Protocol A to this Agreement are an integral part of it. A Memorandum of Understanding is attached to the Agreement. This Agreement shall enter into force on the first day of the month following the day on which the Parties have notified each other through diplomatic channels that their national legal requirements for the entry into force of this Agreement have been fulfilled, and shall remain in force indefinitely. Either Party may denounce this Agreement by means of a written notification to the other Party. The Agreement shall cease to be in force six months after the date on which the notification was received by the other Party. Done at on 31 , 1992 in two originals in the English language. For the Government of the Kingdom of For the Government of the Republic of Estonia referred to in sub-paragraph 2 of Article 5 Products to which the abolition of export restrictions does not apply HS heading No. Product description Goods exported from 72.04 Ferrous waste and scrap; remelting scrap ingots of iron or steel ex Chapt. 72-73 Goods covered by the Sweden-ECSC Agreement which are obviously used or which are likely to be used for manufacturing of new metal referred to in Article 10 Export aid prohibited by this Agreement (a) Currency retention schemes or any similar practices which involve a bonus on exports or re-exports. (b) The provision by governments of direct subsidies to exporters. (c) The remission, calculated in relation to exports, of direct taxes or social welfare charges on industrial or commercial enterprises. (d) The exemption, in respect of exported goods, from charges or taxes, other than charges in connection with importation or indirect taxes levied at one or several stages on the same goods if sold for internal consumption, or the payment, in respect of exported goods, of amounts exceeding those effectively levied at one or several stages on these goods in the form of indirect taxes or of charges in connection with importation or in both forms. (e) In respect of deliveries by governments or governmental agencies of imported raw materials for export business on different terms than for domestic business, the charging of prices below world prices. (f) In respect of government export credit guarantees, the charging of premiums at rates which are manifestly inadequate to cover the long-term operating costs and losses of the credit insurance institutions. (g) The grant by governments (or special institutions controlled by governments) of export credits at rates below those which they have to pay in order to obtain the funds so employed. (h) The government bearing all or part of the costs incurred by exporters in obtaining credit. has applied for membership of Communities. As a Member, will have to adapt its trade policy to that of the Communities. Modalities and timetables for this adaptation will be the subject of negotiations between and the Communities. The Free Trade Agreement between and Estonia will have to be reconsidered in this context. The Swedish Government will make best endeavours to maintain the trade liberalization achieved between and Estonia by means of this Agreement. [Memorandum on non-discrimination to be added] 1991/92 147 Bilaga 1 Frihandelsavtal mellan och Republiken och Republiken , som erinrar om betydelsen av de traditionella förbindelserna mellan och och de gemensamma värden de delar och som erkänner sin vilja att stärka dessa förbindelser och att upprätta nära och varaktiga relationer, som önskar skapa gynnsamma villkor för utvecklingen och diversifieringen av handeln sinsemellan och för främjandet av kommersiellt och ekonomiskt samarbete inom områden av gemensamt intresse på grundval av jämlikhet, ömsesidig nytta och internationell lag, som beaktar den deklaration som undertecknades av EFTA-länderna och , som beaktar handelsavtalet mellan och , som undertecknades , särskilt den där intagna bestämmelsen att parterna skall bevilja varandra mest-gynnad-nations-behandling och till det i detta avtal uttryckta målet att upprätta frihandel mellan de två länderna, som på nytt bekräftar sitt engagemang i pluralistisk demokrati grundad på rättssäkerhet, mänskliga rättigheter och grundläggande friheter och som delar principerna i slutakten från om säkerhet och samarbete i , slutdokumenten från Madrid- och Wienmötena, dokumentet från konferensen i om ekonomiskt samarbete i och Parisstadgan om ett nytt , som beaktar den ekonomiska liberalisering som äger rum i och som syftar till att upprätta en marknadsekonomi, varigenom integrering i den europeiska ekonomin och världsekonomin underlättas, som är beslutna att ytterligare utveckla sina relationer på handelsområdet i enlighet med principerna i det Allmänna tull- och handelsavtalet, som beaktar att ingen bestämmelse i detta avtal får tolkas som innebärande att parterna befrias från sina förpliktelser enligt andra internationella avtal, har enats om följande: Detta avtal syftar till