WORLD TRADE
ORGANIZATIONWT/REG59/1
18 May 1998
(98-1970)
Committee on Regional Trade Agreements Original:  English
FREE TRADE AGREEMENT BETWEEN TURKEY
AND ROMANIA
The following text reproduces the Agreement between the Republic of Turkey and Romania.1
__________
Agreement between the Republic of Turkey and Romania
The Republic of Turkey and Romania , hereinafter called the Parties;
Reaffirming  their commitment to pluralistic democracy based on the rule of law, human rights
and fundamental freedoms,
Recalling  their determination to participate actively in the process of economic integration in
Europe and expressing their preparedness to cooperate in seeking ways and means to strengthen this
process,
Reaffirming  their firm commitment to the principles of a market economy, which constitutes
the basis for their relations,
Having  regard to the Agreement establishing a customs union between the Republic of
Turkey and the European Union as well as the European Agreement establishing an association
between Romania and the European Union,
Resolved  to this end to eliminate progressively th e obstacles to substantially all their mutual
trade, in accordance with the provisions of  the GATT-1994 and of the World Trade Organization,
Firmly  convinced that this Agreement will foster the intensification of mutually beneficial
trade relations between them and contribute to the process of integration in Europe,
Declaring  their willingness to take action with a view to promoting harmonious development
of their trade as well as to expand and diversify their mutual co-operation in the fields of common
interest, including fields not covered by this Ag reement, thus creating a framework and supportive
environment based on equality, non-discrimination and a balance of rights and obligations,
Considering  that no provision of this Agreement may be interpreted as exempting the Parties
from their obligations under other international agreements, especially the Agreement on the
World Trade Organization,
                                                     
1The Annexes and Protocols thereto have been submitted to the Secretariat for consultation by
interested Members (Office 3006).WT/REG59/1
Page 2
Hereby agreed as follows :
Article 1
Objectives
1. The objectives of this Agreement are:
(a) to establish gradually a free-trade area between Turkey and Romania, covering
substantially all trade between them in a transitional period ending on 1.1.2002 at the
latest in accordance with the provisions of the present Agreement and in conformity
with Article XXIV of the General Agreement on Tariffs and Trade 1994 and WTO;
(b) to promote, through the expansion of re ciprocal trade, the harmonious development
of the economic relations between Turkey and Romania;
(c) to provide fair conditions of competition for trade between Turkey and Romania;
(d) to contribute in this way, by the removal of barriers to trade, to the harmonious
development and expansion of world trade;
(e) to enhance cooperation between Turkey and Romania.
CHAPTER I
Industrial Products
Article 2
Scope
1. The provisions of this Chapter shall apply to industrial products originating in the Parties.
The term "industrial products" means for the purpos e of this Agreement the products falling within
Chapters 25 to 97 of the Harmonized Commodity De scription and Coding System with the exception
of the products listed in Annex I.
2. The provisions of Articles 3 to 9 do not apply to products mentioned in Articles 10 and 11.WT/REG59/1
Page 3
Article 3
Customs Duties on Imports
1. No new customs duty on imports shall be introduced nor shall those already applied be
increased in trade between the Parties from the date of entry into force of this Agreement.
2. Customs duties on imports applicable in Romania to products originating in Turkey which are
listed in Annex II shall be abolished on the entry into force of this Agreement.
3. Customs duties on imports applicable in Romania to products originating in Turkey listed in
Annexes III and IV shall be gradually abolished in accordance with the timetable provided in these
Annexes.
4. Customs duties on imports applicable in Romania to products originating in Turkey which are
not listed in Annexes II, III and IV shall be gradually abolished in accordance with the following
timetable:
- to 80 per cent on the entry into force of this Agreement
- to 60 per cent on 1.1.1998;
- to 50 per cent on 1.1.1999;
- to 35 per cent on 1.1.2000;
- to 20 per cent on 1.1.2001;- to 0 per cent on 1.1.2002.
5. Customs duties on imports applicable in Turkey to products originating in Romania which are
not  listed in Annex V shall be abolished on the entry into force of this Agreement.
6. Customs duties on imports applicable in Turkey to products originating in Romania which are
listed in Annex V shall be abolished in accordance with the timetable provided in that Annex.
7. Any change in Turkish and Romanian comm itments to the European Community in this
regard shall be referred to the Joint Committee.
Article 4
Basic Duties
1. For each product the basic duty to which successive reductions set out in this Agreement are
to be applied shall be the most-favoured-nation rate of duty in force on 1.1.1997.
2. If after entry into force of this Agreement, any tariff reduction is applied on an erga omnes
basis, in particular reductions resulting from the tariff agreement concluded within the WTO such
reduced duties shall replace the basic duties referred to in paragraph 1 as from that date when such
reductions are applied.
3. The reduced duties calculated in accordance with paragraph 2 shall be applied rounded to the
first decimal place.
4. The Parties shall communicate to each other their respective customs duties.WT/REG59/1
Page 4
Article 5
Charges Equivalent to Duties
1. No new charge having effect equivalent to customs duty on imports shall be introduced in
trade between the Parties from the date of entry into force of this Agreement.
2. All charges having effect equivalent to customs duties on imports shall be abolished on the
date of entry into force of this Agreemen t, except for the charge of 0.5 per cent ad valorem  for
customs formalities applied by Romania, which will be reduced to 0.25 per cent on the date of entry
into force of this Agreement and eliminated by the end of 1997 at the latest.
Article 6
Fiscal Duties
The provisions of Article 3 shall also apply to customs duties of a fiscal nature.
Article 7
Customs Duties on Exports and Charges Having Equivalent Effect
1. No new customs duty on exports or charge having equivalent effect shall be introduced in
trade between Turkey and Romania.
2. All charges having effect equivalent to customs duties on exports shall be abolish on the date
of entry into force of this Agreement, except for the charge of 0.5 per cent ad valorem  for customs
formalities applied by Romania, which will be reduced to 0.25 per cent on the date of entry into force
of this Agreement and eliminated by the end of 1997 at the latest.
Article 8
Quantitative Restrictions on Imports and Measures Having Equivalent Effect
1. No new quantitative restriction on imports or measures having equivalent effect shall be
introduced in trade between the Parties from the date of entry into force of this Agreement.
2. All quantitative restrictions and measures having equivalent effect on imports of products
originating in the Parties shall be abolished on the date of entry into force of this Agreement.
Article 9
Quantitative Restrictions on Exports and Measures Having Equivalent Effect
1. No new quantitative restriction on exports or measures having equivalent effect shall be
introduced nor shall those be made more restrictive in trade between the Parties from the date of entry
into force of this Agreement.
2. Quantitative restrictions on exports to Romania and any measures having equivalent effect
shall be abolished by Turkey on the date of entry into force of this Agreement.
3. Quantitative restrictions on exports to Turkey and any measures having equivalent effect shall
be abolished by Romania upon entry into force of this Agreement except for those listed in Annex VIwhich shall be progressively reduced and shall be eliminated at the latest by 1998.WT/REG59/1
Page 5
Article 10
Trade in Textile Products
Protocol A lays down the arrangements applicable to the textile products referred to therein.
Article 11
Trade in Iron and Steel Products
Protocol B lays down the arrangements applicable to the iron and steel products referred to
therein.
CHAPTER II
Agricultural and Fishery Products
Article 12
Scope
1. The provisions of this Chapter shall apply to agricultural and fishery products originating in
the Parties.
2. The term ÿagricultural productsÿ means the products listed n Chapters 1-24 of the Combined
Nomenclature and the products listed in Annex I of this Agreement.
Article 13
Processed Agricultural Products
Protocol C lays down the trade arrangements for processed agricultural products which are
listed in such a Protocol.
Article 14
Exchange of Concessions
1. The Parties grant each other the concessions specified in the Annexes VII and VIII in
accordance with the provisions of this Chapter and provisions laid down in this Protocol.
2. Taking account of:
- the role of agriculture in their economies,
- the development of trade in agricultural products between the Parties,
- the particular sensitivity of the agricultural products,- the rules of their agricultural policies,
- the consequences of the Uruguay Round of Multilateral Trade Negotiations under the
World Trade Organization,
the Parties to this Agreement declare their readiness to foster, in so far as their agricultural policies
allow, the harmonious development of trade in agricultural products and to discuss this issue
periodically in the Joint Committee.WT/REG59/1
Page 6
3. Turkey and Romania shall not apply quantitative restrictions on imports of agricultural
products in their mutual trade from the entry into force of this Agreement.
Article 15
Concessions and Agricultural Policies
1. Without prejudice to the concessions granted under Article 13 and 14, the provisions of
Chapter II shall not restrict in any way the pursuan ce of the respective agricultural policies of the
Parties or the taking of any measures under such policies, including the implementation of the results
of the World Trade Organization.
2. The Parties shall notify to the Joint Comm ittee, changes in their respective agricultural
policies pursued or measures applied which may affect the conditions of agricultural trade between
them as provided for in this Agreement.  Prompt consultations shall be held, upon request of any Party
to examine the situation.
Article 16
Specific Safeguards
Notwithstanding other provisions of this Agreement and, in particular, Article 28, if given the
particular sensitivity of the agricultural markets, imports of products originating in a Party, which are
the subject to concessions granted under this Agreement, cause serious disturbance to the markets ofthe other Party, the Party concerned shall enter into consultations immediately to find the appropriate
solution.  Pending such solution, the Party concerned may take the measures it deems necessary.
CHAPTER III
Services and Investment
Article 17
1. The Parties recognize the growing importance of certain areas, such as services and
investments.  In their efforts to gradually develop and broaden their cooperation, in particular in the
context of European integration, they will cooperate with the aim of achieving gradual liberalization
and mutual opening of markets for investments and trade in services, taking into account relevant
WTO provisions.
2. Turkey and Romania will discuss in the Joint Committee this cooperation with the aim to
develop and deepen their relations under the Agreement.
CHAPTER IV
Common Provisions
Article 18
Rules of Origin and Cooperation in Customs Administration
1. Protocol D lays down the rules of origin  and methods of administrative cooperation.WT/REG59/1
Page 7
2. The Parties to this Agreement shall take appropriate measures, including regular reviews by
the Joint Committee and arrangements for administrative cooperation, to ensure that the provisions of
this Protocol and Articles 3 to 9 and 14, 19 and 20 are effectively and harmoniously applied and
reduce as far as possible the formalities imposed on trade and to achieve mutually satisfactory
solutions to any difficulties arising from the operation of those provisions.
Article 19
Internal Taxation
1. The Parties shall refrain from any measure or practice of an internal fiscal nature establishing,
whether directly or indirectly, discrimination between the products and like products originating in the
Parties.
2. Products exported to the territory of one of the Parties may not benefit from repayment of
internal taxes in excess of the amount of direct or indirect taxes imposed on them.
Article 20
General Exceptions
This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in
transit justified on grounds of public morality, public order or public security, the protection of
human, animal or plant life or health and of environment, the protection of national treasurespossessing artistic, historic or archaeological value, protection of intellectual, industrial and
commercial property, or rules relating to gold or silver or the conservation of exhaustible natural
resources if such measures are made effective in conjunction with restrictions on domestic production
or consumption.  Such prohibitions or restrictions shall not, however, constitute a means of arbitrary
discrimination or a disguised restriction on trade between the Parties.
Article 21
Security Exceptions
Nothing in this Agreement shall prevent a Part y from taking any measures which it considers
necessary:
(a) to prevent the disclosure of information contrary to its essential security interests;(b) which relate to the production of, or trade in, arms, ammunition or war materials or to
research, development or production indispensable for defense purposes, provided
that such measures do not impair the conditions of competition in respect of products
not intended for specifically military purposes;
(c) which it considers essential to its own security in the event of serious internal
disturbances affecting the maintenance of law and order, in time of war or serious
internal tension constituting threat of war or in order to carry out obligations it hasaccepted for the purpose of maintaining peace and international security.WT/REG59/1
Page 8
Article 22
State Monopolies
The Parties shall adjust progressively any state monopoly of commercial character so as to
ensure that by 1998 no discrimination regarding the conditions under which goods are procured and
marketed exists between nationals of the Parties.  The Joint Committee will review progress in thisarea annually.
Article 23
Payments
1. The Parties undertake to authorize, in freely convertible currency, any payments on the
current account of balance of payments to the extent that the transactions underlying the payments
concern movements of goods.
2. Any measure concerning account of balance of payments taken by Turkey and Romania
relevant to the movement of goods shall be in  conformity with the conditions laid down in
Article VIII of the Articles of Agreement of the International Monetary Fund whenever it is
applicable to respective countries within the context of the current relations with the Fund.
Article 24
Rules of Competition Concerning Undertakings
1. The following are incompatible with the proper functioning of this Agreement, insofar as they
may affect trade between the Parties:
(a) all agreements between undertakings, decisions by associations of undertakings and
concerted practices between undertakings which have as their object or effect the
prevention, restriction or distortion of competition;
(b) abuse by one or more undertakings of a dominant position in the territories of the
Parties as a whole or in a substantial part thereof;
(c) any public aid which distorts or threatens to distort competition by favouring certain
undertakings or the production of certain goods.
2. Any practices contrary to this Article shall be assessed on the basis of criteria arising from the
application of the rules of Articles 85, 86 and 92 of the Treaty establishing the European Economic
Community.
3. The Joint Committee shall, within three years of  the entry into force of this Agreement adopt
the necessary rules for the implementation of paragraph 1 and 2.
4. (a) For the purpose of applying the provisions of paragraph 1, point (c), the Parties
recognize that during the first five years after the entry into force of the Agreement,
any public aid granted by Romania shall be assessed taking into account the fact thatRomania shall be regarded as an area identical to those areas of Turkey described in
Article 92(3)(a) of the Treaty establishing the European Economic Community.  The
Joint Committee shall taking into account the economic situation of Romania, decide
whether that period should be extended by further periods of five years.WT/REG59/1
Page 9
(b) Each Party shall ensure transparency in the area of public aid inter alia  by reporting
annually to the other Party on the total amount and the distribution of the aid given
and by providing, upon request, information on aid schemes.  Upon request by one
Party, the other Party shall provide information on particular individual cases of
public aid.
5. With regard to agricultural products referred to in Chapter II, paragraph 1(c) of this Article
does not apply.
6. If Turkey or Romania considers that a particular practice is incompatible with the terms of
paragraph 1, and;
- is not adequately dealt with under the implementing rules referred to in paragraph 2,
or
- in the absence of such rules, and if such practice causes or threatens to cause serious
prejudice to the interest of the other Party or material injury to its domestic industry,
it may take appropriate measures after consultation within the Joint Committee or after 30 working
days following referral for such consultation.
In the case of practices imcompatible with pa ragraph 1(c) of this Article, such appropriate
measures may, where the WTO/GATT 1994 applies thereto, only be adopted in conformity with theprocedures and under the conditions laid down by the WTO/GATT 1994 and any other relevant
instrument negotiated under its auspices, which are applicable between the Parties.
7. Notwithstanding any provisions to the contrary adopted in conformity with paragraph 2, the
Parties shall exchange information taking into a ccount the limitations imposed by the requirements of
professional and business secrecy.
Article 25
Public Procurement
1. The Parties consider the liberalization of their respective public procurement markets an
objective of this Agreement.
2. The Joint Committee will review progress in this area annually.
Article 26
Intellectual, Industrial and Commercial Property
1. Pursuant to the provisions of this Article, the Parties shall grant and ensure adequate and
effective protection of intellectual, industrial and commercial property rights by the end of 1998 in
accordance with the highest international standard s and multilateral conventions referred to in
Annex IX, including effective means of enforcing such rights.
2. The Parties to this Agreement shall take all necessary measures to enforce these rights against
trade distortion, infringement, and particularly against counterfeiting and piracy.WT/REG59/1
Page 10
3. The Joint Committee shall keep the implementation of intellectual property rights under
review.  At the request of one of the Parties to this Agreement consultations will take place in the
Joint Committee on any matter concerning intellectual property rights.
4. Upon entry into force of the Agreement treatmen t no less favourable than that granted to any
third country under any bilateral agreement shall be granted by both Parties.
Article 27
Dumping
If a Party finds that dumping, within the mean ing of Article VI of the General Agreement on
Tariffs and Trade is taking place in trade relations governed by this Agreement, it may take
appropriate measures against that practice in accordance with the Agreement relating to the
application of Article VI of the General Agreement on Tariffs and Trade and agreements with related
internal legislation and with the conditions and procedures laid down in Article 32.
Article 28
Emergency Action on Imports of Particular Products
Where any product is being imported in such increased quantities and under such conditions
as to cause, or threaten to cause:
(a) serious injury to domestic producers of like or directly competitive products in the
territory of the importing Party, or
(b) serious disturbances in any 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 32.
Article 29
Structural Adjustment
1. Exceptional measures of limited duration which derogate from the provisions of Article 3
may be taken by any of the Parties in the form of increased customs duties.
2. These measures may only concern infant industries, or certain sectors undergoing
restructuring or facing serious difficulties, particularly where these difficulties produce important
social problems.
3. Customs duties on imports applicable in Turkey and Romania to products originating in each
Party introduced by these measures may not exceed 25 per cent ad valorem  and shall maintain an
element of preference for products originating in the  Parties.  The total value of imports of the
products which are subject to these measures may not exceed 15 per cent of total imports of industrial
products from the other Party as defined in Chapter I, during the last year for which statistics areavailable.WT/REG59/1
Page 11
4. These measures shall be applied for a period not exceedng five years unless a longer duration
is authorized by the Joint Committee.  They shall c ease to apply at the latest at the expiration of the
transitional period.
5. No such measures can be introduced in respect of a product if more than five years have
elapsed since the elimination of all duties and quantitative restrictions or charges or measures havingan equivalent effect concerning that product.
6. Turkey and Romania shall inform the Joint Co mmittee of any exceptional measures it intends
to take and, upon request of the other Party, consultations shall be held within the Joint Committee on
such measures and the sectors to which they apply before they are applied.  When taking such
measures the Party concerned shall provide the Jo int Committee with a calendar for the elimination of
the customs duties introduced under this Article.  This schedule shall provide for phasing out of these
duties starting at the latest two years after their introduction, at equal annual rates.  The JointCommittee may decide on a different schedule.
Article 30
Re-export and Serious Shortage
Where compliance with the provisions of Articles 7 and 9 lead 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 appropriate measures under the conditions and in accordancewith the procedures laid down in Article 32.  The measures shall be non-discriminatory and be
eliminated when conditions no longer justify their maintenance.
Article 31
Fulfilment of Obligations
1. The Parties shall take any general or specific  measures required to fulfill their obligation
under this Agreement.  They shall ensure that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to fulfill an obligation under the
Agreement, it may take appropriate measures.  Before so doing, except in case of special urgency, it
shall supply the Joint Committee with all relevant information required for thorough examination of
the situation with a view to seeking a solution acceptable to the Parties.  In the selection of measures,
priority must be given to those which least disturb the functioning of the Agreement.  These measures
shall be the subject of consultations within th e Joint Committee if the other Party so requests.WT/REG59/1
Page 12
Article 32
Procedure for the Application of Safeguard Measures
1. In the event of Turkey and Romania subjecting imports of products liable to give rise to the
difficulties referred to in Article 28 to an administrative procedure having as its purpose the rapid
provision of information on the trend of trade flows, it shall inform the other Party.
2. In the cases specified in Articles 27, 28, 29 and 30 before taking measures provided for
therein or, in cases to which paragraph 3(d) applies, as soon as possible, Turkey or Romania, as the
case may be shall supply the Joint Committee with all relevant information, with a view to seeking a
solution acceptable to the two Parties.
In the selection of measures, priority must be given to those which least disturb the
functioning of this Agreement.
The safeguard measures shall be notified immediately to the Joint Committee and  shall be the
subject of periodic consultations within that body, par ticularly with a view to establishing a timetable
for their abolition as soon as circumstances permit.
3. For the implementation of paragraph 2, the following provisions shall apply:
(a) The difficulties arising from the situation referred to in Article 28 shall be referred for
examination to the Joint Committee, which may take any decision needed to put anend to such difficulties.
If the Joint Committee or the exporting Party has not taken a decision putting an end
to the difficulties or no other satisfactory solution has been reached within 30 days of
the matter being referred, the importing Party may adopt the appropriate measures to
remedy the problem.  These measures must not exceed the scope of what is necessaryto remedy the difficulties which have arisen.
(b) As regards Article 27, the Joint Commitee shall be informed of the dumping case as
soon as the authorities of investigating Party have initiated an investigation.  When no
end has been put to the dumping or no other satisfactory solution has been reached
within 30 days of the matter being referr ed to the Joint Committee, the importing
Party may adopt the appropriate measures.
(c) As regards Article 30, the difficulties arising from the situation referred to in that
Article shall be referred for ex amination to the Joint Committee.
The Joint Committee may take any decision need ed to put an end to the difficulties.
If it has not taken such a decision within 30 days of the matter being referred to it, the
exporting Party may apply appropriate measures on the exportation of the product
concerned.
(d) Where exceptional circumstances requirin g immediate action make prior information
or examination as the case may be, impossible, Turkey or Romania, whichever is
concerned, may, in the situations specified in Articles 24, 27, 28, 29, 30 and 33 apply
forthwith the precautionary and provisional measures strictly necessary to deal with
the situation, and the Joint Committee will be informed immediately.WT/REG59/1
Page 13
Article 33
Balance of Payments Difficulties
1. The Parties shall endeavour to avoid the imposition of restrictive measures including
measures relating to imports for balance of payments purposes.  In the event of their introduction, the
Party having introduced the same shall present to the other Party a time schedule for their removal.
2. Where Turkey or Romania is in serious balance of payments difficulties, or under imminent
threat thereof, Turkey or Romania, as the case may be, may, in accordance with the conditions
established under the General Agreement on Tarrifs and Trade and with Article VIII of the Articles of
the International Monetary Fund, adopt restrictive measures, including measures relating to imports,
which shall be of limited duration and may not go beyond what is necessary to remedy the balance of
payments situation.  Turkey or Romania, as the case may be, shall inform the other Party forthwith.
Article 34
Evolutionary Clause
Where a Party considers that it would be useful in the interest of the economies of the Parties
to develop and deepen the relations established by this Agreement by extending them to fields not
covered thereby, it shall submit a reasoned request to  the other Party.  The Parties may instruct the
Joint Committee to examine such a request and, where appropriate, to make recommendations,particularly with a view to opening negotiations.
Article 35
Establishment of the Joint Committee
1. A Joint Committee is hereby established in which each Party shall be represented.  The Joint
Committee shall be responsible for the administration of this Agreement and shall ensure its properimplementation.
2. For the purpose of the proper implementation of this Agreement, the Parties shall exchange
information and, at the request of any Party, shall hold consultations within the Joint Committee.  The
Joint Committee shall keep under review the possibility of further removal of the obstacles to trade
between the Parties.
3. The Joint Committee may take decisions in the cases provided for in this Agreement.  On
other matters the Joint Committee may make recommendations.
Article 36
Procedures of the Joint Committee
1. For the proper implementation of this Agreement, the Joint Committee shall meet at an
appropriate level whenever necessary but at least once a year.  Each Party may request a meeting to be
held.
2. The Joint Committee shall act by common agreement.WT/REG59/1
Page 14
3. If a representative in the Joint Committee of a Party has accepted a decision subject to the
fulfilment of constitutional requirements the decision shall enter into force, if no later date is
contained therein, on the day the lifting of the reservation notified.
4. For the purpoes of this Agreement, the Joint Committee shall adopt its rules of procedure
which shall, inter alia, contain provisions for convening meetings and for the designation of theChairman and his term of office.
5. The Joint Committee may decide to set up such sub-committees and working parties as it
considers necessary to assist it in accomplishing its tasks.
Article 37
Trade Relations Governed by Other Agreements
1. This Agreement shall not prevent the maintenance or establishment of customs unions,
free-trade areas or arrangements for frontier trade to the extent that these do not negatively affect thetrade regime and, in particular, the provisions concerning rules of origin provided for by this
Agreement.
2. Consultations between the Parties shall take place within the Joint Committee concerning
agreements establishing such customs unions or free-trade areas and, where requested, on the major
issues to their respective trade policies with third countries.
Article 38
Annexes and Protocols
1. The Annexes, Protocols and Joint Declarations to this Agreement are an integral part of this
Agreement.
2. The Joint Committee may decide to modify and amend the Annexes and Protocols.
Article 39
Territorial Application
This Agreement shall apply to the territories of the Parties to this Agreement.
Article 40
Amendments
Amendments to this Agreement other than those referred to in paragraph 3 of Article 35, and
paragraph 2 of Article 38, which are approved by the Joint Committee shall be submitted to the
Parties for acceptance and shall enter into force if accepted by both Parties.
Article 41
Entry into Force
1. This Agreement will be approved by the Paries in accordance with their own procedures.WT/REG59/1
Page 15
2. This Agreement shall enter into force on the first day of the second month following the day
on which the Parties notify each other that the procedures referred to in the first paragraph of this
Article have been completed.
Article 42
Validity and Terminiation
This Agreement is concluded for an unlimited period.Each Party may terminate this Agreement by a written notification to the other Party.  The
termination shall take effect six months after the date of such notification.
IN WITNESS WHEREOF the undersigned plenipotentiaties, being duly authorized thereto,
have signed the present Agreement.
DONE at Ankara, on 29th April, 1997, in three originals, each in the Turkish, Romanian and
English languages, all texts being equally authentic.  In cases of differences in interpretation theEnglish text shall prevail.
For the Republic of Turkey For the Republic of HungaryWT/REG59/1
Page 16
Record of Understanding
In case either Party agrees with the European  Union to accelerate the reduction of tariffs or
the removal of the quantitative restrictions concerning industrial products falling within the
Chapter 25 to 97 of Harmonized Commodity Description and Coding System with the exception of
the products listed in Annex I, the Parties shall co nsult about the terms and conditions of extending
such liberalization to each other in conjunction w ith changed in their reduction schedule for sensitive
products.
JOINT DECLARATION
The Romanian Side informed the Turkish Side on the anti-dumping duties imposed by Turkey
on the products mentioned below originationg in Romania.
Products Date of Imposition
8311 10 10 Welding Electrodes 28.11.1990
7003/7004/7005 Flat Glasses 12.02.1991
7614 Aluminium Conductors 09.07.1991
5503 20 00 Polyester Fibres 20.05.1992
5506 20 00 Polyester Fibres 20.05.1992
3904 10 00 00 00 PVC January 19953901 10 90 00 11 Polyethylene (Low Density) January 1995
At the same time, the Romanian Side underlined that at present Romania is in a stage of free
market economy, repsectively the condtions are different compared with thoses existing when such
duties were imposed by Turkey (under planned economy conditions in Romania).  In addition for
some products more than 5 years have elapsed since the imposition of such duties.
In view of these, the Romanian Side request ed the review of the anti-dumping duties imposed
on products mentioned above with  a view to their elimination.
The Turkish Side, noting the Romanian request, informed the Romanian Side that since both
Turkey and Romania are members of the WTO, Turkey shall honor all rights of the Romanian Side
stemming from the Agreement on Implementation of Article VI of the General Agreement on Tariffsand Trade 1994 (Anti-Dumping Agreement) and the Agreement Establishing the WTO.  In this
connection, Turkey shall observe Article 11 of the Anti-Dumping Agreement concerning the review
of the anti-dumping duties upon the application of the Romanian Side for the initiation of review of
the anti-dumping duties imposed on products origin ating in Romania.  Turkey shall examine the
application of the Romanian Side urgently and with goodwill with a view  to eliminate the anti-
dumping duties in the light of the above mentioned Agreements.WT/REG59/1
Page 17
JOINT DECLARATION
Without prejudice to Article 8 of this Agreement, Parties will retain the provisions of their
import regime which is in force before the entry into force of this Agreement for a certain period of
time for the products listed in Annex A and B to this Declaration.
__________