WORLD TRADE  
ORGANIZATION  WT/REG201/1 
15 June 2005 
 
 (05-2514) 
Committee on Regional Trade Agreements Original:   English/ 
 French 
 
 
 
FREE TRADE AGREEMENT BETWEEN  
THE EFTA STATES AND TUNISIA 
 
 The following communication, dated 3 June 2005, is being circulated at the request of the 
Delegations of EFTA States and Tunisia.∗ 
 
_______________ 
  
PREAMBLE
 
 
The Republic of Iceland , the Principality of Liechtenstein , the Kingdom of Norway , the Swiss 
Confederation  as Members of the European Free Trade Association (hereinafter called the EFTA 
States), on the one part, 
and the Republic of Tunisia  (hereinafter called Tunisia), on the other: 
hereinafter collectively referred to as the Parties, Considering the importance of the links existing between the EFTA States and Tunisia, in 
particular the Declaration on co-operation signed in  Zermatt in December 1995, and recognizing the 
common wish to strengthen these links, thus establishing close and lasting relations; 
Recalling  their intention to participate actively in  the process of economic integration in the 
Euro-Mediterranean region, and the creation of an  enlarged and harmonious free trade area between 
the European and Mediterranean countries and consci ous of the objective of integration between the 
countries of the Maghreb; 
Considering  the importance which the Parties attach to the principles of the United Nations 
Charter, particularly the observance of human ri ghts and political and economic freedom, which form 
the very basis for co-operation between the EFTA States and Tunisia; 
Desiring  to create favourable conditions for the de velopment and divers ification of trade 
between them and for the promotion of commercia l and economic co-operation in areas of common 
interest on the basis of equality, mutual bene fit, non-discrimination and international law; 
                                                     
 
∗ The complete text of the Agreement with a nnexes is available on the websites of EFTA 
<http://www.efta.int >.   
 WT/REG201/1 
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Building  on their respective rights and obligations under the Marrakesh Agreement 
Establishing the World Trade Organization (herei nafter referred to as “the WTO”) and other 
multilateral and bilateral instruments of co-operation; 
Determined  to implement this Agreement with the objective to preserve and protect the 
environment and to ensure an optimal use of natu ral resources in accordance with the principle of 
sustainable development; 
Noting  the intention of EFTA States to support efforts to liberalize the Tunisian economy and 
in that way to contribute to the improvement of economic and social conditions in Tunisia; 
Declaring  their readiness to examine the possibil ity of developing and deepening their 
economic relations in order to extend them to fields not covered by this Agreement; 
Convinced  that this Agreement will create cond itions encouraging economic, trade and 
investment relations between them; 
Convinced  that this Agreement will create favourab le conditions to stre ngthen both bilateral 
and multilateral relations between the Parties, in th e economic, scientific, technical, social and cultural 
fields; 
Have decided , in pursuit of the above, to conclu de the following Agreement (hereinafter 
called this Agreement): 
CHAPTER I:  GENERAL PROVISIONS 
Article 1 
Objectives
 
1. The EFTA States and Tunisia shall establish a free trade area in accordance with the 
provisions of this Agreement with a view to spu rring economic activities in their territories, thereby 
raising standards of living and improving empl oyment conditions and contributing to Euro-
Mediterranean econom ic integration. 
2. The objectives of this Agreement, which is  based on trade relations between market 
economies are: 
(a) to achieve the liberalisation of trade in g oods, in conformity with Article XXIV of the 
General Agreement on Tariffs and Trade (hereinafter referred to as “the GATT 1994”); 
(b) to gradually develop an environment conduc ive to increased i nvestment flows and 
enhanced trade in services; 
(c) to provide fair conditions of competiti on for trade between the Parties to the 
Agreement and to ensure adequate and e ffective protection of intellectual property 
rights;  and 
(d) to support the harmonious development of economic relations between the Parties 
through the expansion of trade and economic co-operation and technical assistance.  WT/REG201/1 
 Page 3 
 
 
Article 2 
Trade Relations Governed By This Agreement  
This Agreement applies to trade relations between, on the one side, the individual EFTA 
States and, on the other side, Tunisia, but not to the trade relations between individual EFTA States, except if otherwise provided for in this Agreement. 
Article 3 
Territorial Application
 
This Agreement shall apply to the territories of the Parties except as provided for in Annex I. 
CHAPTER II:  TRADE IN GOODS 
Article 4 
Scope  
1. This Chapter shall apply to the following produc ts originating in an EFTA State or Tunisia: 
(a) all products falling within Chapters 25 to 97 of the Harmonized Commodity 
Description and Coding System (HS), ex cluding the products listed in Annex II; 
(b) processed agricultural products specified in Protocol A, with due regard to the 
arrangements provided for in that Protocol; 
(c) fish and other marine products as provided for in Annex III. 
2. Tunisia and each individual EFTA State have c oncluded agreements on trade in agricultural 
products on a bilateral basis.  These agreements fo rm part of the instruments establishing a free trade 
area between the EFTA States and Tunisia. 
Article 5 
Rules Of Origin And Co-Operation In Customs Administration  
Protocol B lays down the rules of origin and methods of administ rative co-operation. 
Article 6 
Customs Duties On Imports And Charges Having Equivalent Effect  
1. No new customs duty on imports or charge havi ng equivalent effect shall be introduced in 
trade between the EFTA States and Tunisia. 
2. The EFTA States shall abolish on the date of entr y into force of this Agreement all customs 
duties on imports and any charges having equivalent effect. 
3. Tunisia shall gradually eliminate its cust oms duties on imports and any charges having 
equivalent effect in accordance with Annex IV. WT/REG201/1 
Page 4  
 
Article 7 
Basic Duties
 
1. The applicable rates for imports between the Par ties shall be the WTO bound rate, or if lower, 
the applied rate enforced as of 1 January 2004.  If, by, before or after the entry into force of this 
Agreement, a tariff reduction is applied on an erga omnes  basis, the reduced rate shall apply. 
2. The Parties shall communicate to each other thei r respective rates applied on the date of the 
entry into force of this Agreement. 
Article 8 
Customs Duties Of A Fiscal Nature  
The provisions of Article 6 shall also apply to customs duties of a fiscal nature. 
Article 9 
Customs Duties And Quantitative Restrictions On Exports  
Without prejudice to the provisions of the GATT 1994, the EFTA States and Tunisia shall not 
apply to exports between themselv es either customs duties or charges having equivalent effect, or 
quantitative restrictions or meas ures having equivalent effect. 
Article 10 
Quantitative Restrictions On Imports And Measures Having Equivalent Effect  
1. Without prejudice to the provisions of the GATT 1994: 
(a) no new quantitative restriction on imports or  any other measures having equivalent 
effect shall be introduced in trade between the EFTA States and Tunisia; 
(b) quantitative restrictions on imports and any other measures having equivalent effect 
in trade between the EFTA States and Tunisi a shall be abolished from the entry into 
force of this Agreement. 
2. The provisions of paragraph 1(b) shall not a pply to products in category D appearing in 
Annex IV.  The arrangements to be applied to su ch products shall be re-examined by the Joint 
Committee four years after the entr y into force of the Agreement. 
Article 11 
Internal Taxation And Regulations  
1. The Parties commit themselves to apply any inte rnal taxes and other charges and regulations 
in accordance with Article III of the GATT 1994 and other releva nt WTO Agreements. 
2. Exporters may not benefit from repayment of internal taxation in excess of the amount of 
direct or indirect taxation imposed on products e xported to the territory of one of the Parties.  WT/REG201/1 
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Article 12 
Technical Regulations  
1. The rights and obligations of the Parties in r espect of technical regulations, standards and 
conformity assessment shall be governed by the WTO Agreement on Technical Barriers to Trade. 
2. The Parties shall strengthen their co-operation in  the field of technical regulations, standards 
and conformity assessment, with a view to increasing the mutual understanding of their respective 
systems and facilitating access to their respective markets, thereby preparing the ground for mutual 
recognition agreements.  The Parties concerned sh all consult each other in the Joint Committee in 
view of the implementation of the objective set out in paragraph 1.  
3. Without prejudice to paragraph 1, the Parties agree to hold immediate consultations in the 
framework of the Joint Committee wh ere Tunisia or an EFTA Party considers that one or more EFTA 
Parties or Tunisia have taken measures which are likely to create, or have created, an obstacle to trade, in order to find an appropriate solution in  conformity with the WTO Agreement on Technical 
Barriers to Trade. 
Article 13 
Sanitary And Phytosanitary Measures
 
The rights and obligations of the Parties in respect of sanitary and phytosanitary measures 
shall be governed by the WTO Agreement on th e Application of Sanitary and Phytosanitary 
Measures. 
Article 14 
State Monopolies  
1. The EFTA States and Tunisia shall adjust, wit hout affecting rights and obligations under the 
GATT 1994, any state monopolies of a commercial charact er so as to ensure that, by the entry into 
force of this Agreement, no discrimination rega rding the conditions under which goods are procured 
and marketed exists between nationals  of the EFTA States and of Tunisia. 
2. The provisions of this Article shall apply to any body through which the competent 
authorities of the Parties to this Agreement, in law or  in fact, either directly or indirectly supervise, 
determine or appreciably influence imports or export s between the Parties to this Agreement.  These 
provisions shall likewise apply to monopolies delegated by the State to other bodies. 
Article 15 
Subsidies  
1. The rights and obligations of the Parties in resp ect of subsidies shall be governed by Articles 
VI and XVI of the GATT 1994, the WTO Agreemen t on Subsidies and Countervailing Measures and 
the WTO Agreement on Agriculture. 
2. If a Party finds that subsidies are granted which affect trade with another Party, the Party 
concerned may take appropriate measures in accord ance with the above mentioned Agreements and 
the relevant internal executive regulations. WT/REG201/1 
Page 6  
 
3. Before an EFTA State or Tunisia, as the case may be, initiates an investigation to determine 
the existence, degree and effect of any alleged subs idy in Tunisia, or in an EFTA State, as provided 
for in Article 11 of the Agreement on Subsidies and Countervailing Measures, the Party considering 
initiating an investigation shall notify in writing th e Party whose goods are subject to investigation 
and allow for a 30 day period with a view to finding a mutually acceptable solution.  The 
consultations shall take place in the Joint Committee if  any Party so requests within 10 days from the 
receipt of the notification. 
Article 16 
Anti-Dumping
 
1. The rights and obligations of the Parties in respect of the application of anti-dumping 
measures shall be governed by Article VI of the GATT 1994 and the Agreement on Implementation 
of Article VI of the GATT 1994. 
2. After an EFTA State or Tunisia, as the case may be, receives a properly documented 
application and before initiation of  an investigation under the provisi ons of the Agreement referred to 
in paragraph 1, that Party shall notify in writi ng the Party whose goods are allegedly being dumped 
and allow for consultations with a view to finding a mutually acceptable solutio n.  The outcome of the 
consultations shall be communicated to the other Parties. 
3. The Parties shall, upon request of any Party,  meet in the Joint Co mmittee to review the 
contents of this Article. 
Article 17 
Rules Of Competition Concerning Undertakings  
1. The following are incompatible with the proper functioning of this Agreement in so far as 
they may affect trade between  an EFTA State and Tunisia: 
(a) all agreements between undertakings, decisi ons 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. 
2. The provisions of paragraph 1 shall also appl y to the activities of public undertakings, and 
undertakings for which the Parties grant special or ex clusive rights, in so far as the application of 
these provisions does not obstruct the performance, in la w or in fact, of the particular public tasks 
assigned to them. 
3. The provisions of paragraphs 1 and 2 shall not be construed such as to create any direct 
obligations for undertakings. 
4. If a Party considers that a given practice is inco mpatible with the provisions of paragraphs 1 
and 2, the Parties concerned shall give to the Jo int Committee all the assistance required in order to 
examine the case and, where appropriate, eliminate th e practice objected to.  If the Party in question 
fails to put an end to the practice objected to within  the period fixed by the Joint Committee or if the 
Joint Committee fails to reach an agreement after consultations, or after thirty days following referral 
for such consultations, the Party concerned may adopt appropriate measures to deal with the  WT/REG201/1 
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difficulties resulting from the practice in question.  The application and removal of such measures 
shall be governed by Article 37. 
Article 18 
Emergency Action On Imports Of Particular Products  
1. Where any product originating in a Party, as a resu lt of the application of this Agreement, is 
being imported into the territory  of another Party in such in creased quantities and under such 
conditions as to constitute a substa ntial cause of serious injury or  threat thereof to the domestic 
industry of like or directly competitive products in the territory of the importing Party, or of serious 
disturbances in any sector of the economy or difficu lties which could bring about serious deterioration 
in the economic situation of a region of the impor ting Party, the importing Party may take safeguard 
measures in accordance with Article XIX GA TT 1994 and the WTO Agreement on Safeguards. 
2. Before applying safeguard measures pursuant  to the provisions of Article XIX GATT 1994 
and the WTO Agreement on Safeguards, the Party in tending to apply such measures shall supply the 
Joint Committee with all relevant information re quired for a thorough examination of the situation 
with a view to seeking a solu tion acceptable to the Parties. 
3. In order to find such a solution, the Parties shall immediately hold consultations within the 
Joint Committee.  If, as a result of the consultations , the Parties do not reach  an agreement withing 
thirty days of the initiation of the consultations on a solution to avoid the app lication of the safeguard 
measures, the Party intending to apply safegua rd measures may do so in accordance with the 
provisions of Article XIX GATT 1994 a nd the WTO Agreement on Safeguards. 
4. In the event of an EFTA State or Tunisia subjecting imports of products liable to give rise to 
the difficulties referred to in this Article to an ad ministrative procedure having as its purpose the rapid 
supply of information on trade flow trends, it shall inform the other Party. 
5. In critical circumstances, where delay would cause damage which it would be difficult to 
repair, action under paragraph 1 of this Article may be taken provisi onally without prior consultation, 
on the condition that consultation shall be eff ected immediately after taking such action. 
6. In the selection of safeguard measures pursuant to this Article, Parties shall give priority to 
those which cause least disturbance to the achieve ment of the objectives of this Agreement. 
7. Safeguard measures shall be notified immediat ely to the Joint Committee and shall be the 
subject of periodic consultations within the Committee,  particularly with a view to their abolition as 
soon as circumstances permit. 
Article 19 
Structural Adjustment  
1. Exceptional measures of limited duration in the form of increased customs duties which 
derogate from the provisions of Artic le 6 may be taken by Tunisia. 
2. These measures may only concern infant i ndustries, or certain sectors undergoing 
restructuring or facing serious difficulties, particularly where these difficulties produce important 
social problems. 
3. Customs duties on imports applicable in Tunisi a to products originating in the EFTA States 
introduced by these measures may, after the introduction of these measures, not exceed in total 25 per WT/REG201/1 
Page 8  
 
cent ad valorem  and shall maintain an element of prefer ence for products originating in the EFTA 
States.  The total value of imports of the produc ts which are subject to these measures may not exceed 
15 per cent of total imports of industrial products from the EFTA States as defined in paragraph 1(a) 
of Article 4 during the last year for which statistics are available. 
4. Tunisia shall inform the Joint Committee of any exceptional measures it intends to take and, 
at the request of the EFTA States, consultations  shall be held in the Joint Committee on such 
measures and the sectors to which they apply befo re they are implemented.  When taking such 
measures Tunisia shall provide the Joint Committee w ith a schedule for the elimination of the customs 
duties introduced under this Article.  This schedul e shall provide for a phasing out of these duties at 
equal annual rates starting at the latest 2 years after their introduction, unless the Joint Committee 
decides on a different schedule. 
5. The application of exceptional measures specified in this Article shall not exceed five years.  
All exceptional measures regarding structural adjustme nt shall cease to apply three years after the end 
of the transitional period referred to in Annex IV.  The Joint Committee may decide on different time 
periods than those referred to in this paragraph. 
Article 20 
Re-Export And Serious Shortage
 
1. Where compliance with the provisions of Article 9 leads to: 
(a) re-export to a third country against which the exporting Party maintains, for the 
product concerned, quantitative export rest rictions, 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. 
2. The Party intending to take measures under this Ar ticle shall promptly notify the other Parties 
and the Joint Committee thereof.  The Joint Committee shall examine the situation and may take any 
decisions needed to put an end to it.  In the absen ce of such a decision within 30 days of the matter 
being referred to the Joint Committee, the Party concerned may adopt the appropriate measures to 
remedy the problem.  The measures shall be immedi ately notified to the Joint Committee.  In the 
selection of measures priority must be given to the action which least disturbs the functioning of  this 
Agreement. 
3. Where exceptional and critical circumstances requiring immediate action make prior 
information or examination, as the case may be, im possible, the Party concerned may forthwith apply 
temporary measures necessary to deal with the s ituation and shall immediately inform the other 
Parties and the Joint Committee thereof. 
4. The measures taken shall be the subject of pe riodic consultations within the Joint Committee 
with a view to their elimination as soon as circumstances permit.  WT/REG201/1 
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Article 21 
General Exceptions  
Nothing in this Agreement shall preclude prohib itions or restrictions on imports, exports or 
goods in transit justified on grou nds of public morality, public policy or public security, of the 
protection of health and life of humans, animals or plants, of the protec tion of national treasures 
possessing artistic, historic or archaeological value, of the protection of intellectual property or of 
regulations concerning gold and silver or conser vation of exhaustible natural resources.  Such 
prohibitions or restrictions shall not, however, c onstitute a means of arbitrary discrimination or 
disguised restriction on trade between the parties. 
Article 22 
Security Exceptions  
Nothing in this Agreement shall prevent a Pa rty from taking any measures which it considers 
necessary: 
(a) to prevent the disclosure of information c ontrary to its essential security interests; 
(b) for the protection of its essential security interests or for the implementation of 
international obligations  or national policies 
(i) relating to the traffic in arms, ammun ition and implements of war, provided 
that such measures do not impair the c onditions 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 establishment;  or 
(ii) relating to the non-proliferation of biological and chemical weapons, nuclear 
weapons or other nuclear explosive devices;  or 
(iii) taken in time of war or other serious international tension. 
CHAPTER III:  PROTECTION OF INTELLECTUAL PROPERTY 
Article 23 
Protection Of Intellectual Property
 
1. The Parties shall grant and ensure adequate, effective and non-discriminatory protection of 
intellectual property rights, including measures  for the enforcement of such rights against 
infringement thereof, counterfeiting and piracy, in accordance with the provisions of this Article, 
Annex V to this Agreement and the interna tional agreements referred to therein.  
2. The Parties shall accord to each others’ nationals  treatment no less favourable than that they 
accord to their own nationals.  Exemptions from this obligation must be in accordance with the 
substantive provisions of Article 3 of the WTO Ag reement on Trade-Related Aspects of Intellectual 
Property Rights (hereinafter referred to as “the TRIPS Agreement”). WT/REG201/1 
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3. The Parties shall grant to each others' nationals  treatment no less favourable than that they 
accord to nationals of any other State.  Exempti ons from this obligation must be in accordance with 
the substantive provisions of the TRIPS Agreemen t, in particular Articles 4 and 5 thereof. 
4. The Parties, upon request of any Party and subject to agreement of all the Parties, shall review 
the provisions on the protection of intellectual prope rty rights contained in the present Article and in 
Annex V, with a view to further improving the le vels of protection and pr omoting development of 
trade between the Parties. 
CHAPTER IV:  INVESTMENT 
Article 24 
Investment Conditions
 
1. The Parties shall create stable, favourable and transparent conditions for companies of the 
other Parties that are making or seeking to make investments in their territories. 
2. Investments of investors of a Party shall in the territories of the other Parties enjoy full 
protection and security and shall at all times be acco rded fair and equitable treatment in accordance 
with international law. 
Article 25 
Investment Promotion  
The Parties recognise the importance of promoting investment and technology flows between 
them as a means for achieving economic growth and de velopment.  Co-operation in this respect shall 
include: 
(a) appropriate means of identifying investme nt opportunities and information channels 
on investment regulations; 
(b) the provision of information on the Parties’ measures promoting investment abroad 
(technical assistance, financial support, investment insurance etc.); 
(c) the creation of a legal environment conduc ive to increased i nvestment flows, 
including through the conclusion of international agreements;  and 
(d) the planning and implementation of de velopment projects, including for the 
participation of foreign investors. 
CHAPTER V:  SERVICES 
Article 26 
Trade In Services  
1. The Parties shall aim at achieving gradual liber alisation and the opening of their markets for 
trade in services in accordance w ith the provisions of the General Agreement on Trade in Services 
(hereinafter referred to as “GATS”), taking into  account ongoing work under the auspices of the  WT/REG201/1 
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WTO.  To this end, the Parties shall jointly revi ew developments in services sectors and consider the 
adoption of liberalisation measures, wi th due regard to Article V GATS. 
2. If a Party grants to a non-Party, after the en try into force of this Agreement, additional 
benefits with regard to the access to its services  markets, it shall be prepared to enter into 
consultations in the Joint Committee with a view to  addressing this matter in light of the objective set 
out in paragraph 1. 
CHAPTER VI:  CURRENT PAYMENTS AND CAPITAL MOVEMENTS 
Article 27 
Payments For Current Transactions  
Subject to the provisions of Article 29, the Par ties undertake to allow all current payments for 
current transactions to be made in a freely convertible currency. 
Article 28 
Capital Movements  
With regard to transactions on the capital account  of balance of payments, the EFTA States 
and Tunisia shall ensure, from the entry into force of  this Agreement, that capital relating to direct 
investments in Tunisia in companies formed in acco rdance with current laws can move freely and that 
the yield from such investments and any profit ste mming therefrom can be liqui dated and repatriated. 
Article 29 
Balance Of Payments Difficulties  
Where one or more EFTA States or Tunisia is in serious balance of payments difficulties, or 
under threat thereof, the EFTA States or Tunisi a, as the case may be, may, in accordance with the 
conditions established under the GA TT 1994 and Articles VIII and XIV of the Articles of Agreement 
of the International Monetary F und, adopt restrictions on current  transactions which shall be of 
limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation.  The EFTA States or Tunisia, as the case  may be, shall inform the other Parties forthwith 
and shall submit to them as soon as possible a timetable for the elimination of the measures 
concerned. 
CHAPTER VII:  GOVERNMENT PROCUREMENT 
Article 30 
Government Procurement
 
1. The Parties shall set as their objective a recipr ocal and gradual liberalisation of public 
procurement markets. 
2. If a Party grants to a non-Party access to its procur ement markets, it shall be prepared to enter 
into consultations in the Joint Committee with a view  to addressing this matter in light of the objective 
set out in paragraph 1. WT/REG201/1 
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CHAPTER VIII:  ECONOMIC CO-OPERATION AND TECHNICAL ASSISTANCE 
Article 31 
Objectives And Scope
 
1. The EFTA States declare their readiness to e ngage in economic co-operation and provide 
technical assistance to Tunisia, in accordance with  their national policy objectives, in order to: 
(a) facilitate the implementation of the overall objec tives of this Agreement, in particular 
to enhance trading and investment oppo rtunities arising from this Agreement; 
(b) support Tunisia’s own efforts to achieve sustainable economic and social 
development. 
2. Co-operation and assistance shall focus on sector s suffering from internal difficulties or 
affected by the process of liberalisation of the Tunisian economy as well as sectors likely to bring the 
economies of the EFTA States and Tunisia closer toge ther, particularly those generating growth and 
employment. 
Article 32 
Methods And Means  
1. Co-operation and assistance shall be carried out , bilaterally or through EFTA programmes or 
a combination of the two. 
2. Parties shall co-operate with the objective of  identifying and employing the most effective 
methods and means for the implementa tion of this Chapter.  To this end they may coordinate efforts 
with relevant intern ational organisations. 
3. Conservation of the environment shall be ta ken into account in the implementation of 
assistance in the various sectors to which it is relevant. 
4. Means of co-operation and assistance may include: 
(a) exchange of information, transfer of technology and training; 
(b) implementation of joint actions su ch as seminars and workshops;  
(c) technical and administrative assistance; 
(d) financial co-operation, such as prefer ential loans and development funds. 
Article 33 
Fields Of Co-Operation  
Co-operation and assistance may cover any fields jointly identified by the Parties that may 
serve to enhance Tunisia’s capacities to benefit fro m increased international trade and investment, 
including in particular: 
(a) trade promotion, trade facilitation, a nd promotion of market opportunities; 
(b) customs and origin matters, including vocational training in the customs field;  WT/REG201/1 
 Page 13 
 
 
(c) modernisation of economic sectors, such as fish and aquaculture, manufacturing, food 
industry, financial services, tourism; 
(d) technical regulations and sanitary a nd phytosanitary measures, including 
standardisation and certification;  and 
(e) regulatory assistance and implementation of laws in areas such as intellectual 
property and public procurement. 
CHAPTER IX:  INSTITUTIONAL AND PROCEDURAL PROVISIONS 
Article 34 
The Joint Committee  
1. The implementation of this Agreement shall be supervised and administered by a Joint 
Committee.  Each Party shall be re presented in the Joint Committee. 
2. For the purpose of the proper implementation of this Agreement, the Parties shall exchange 
information and, at the request of any Party, hold consultations within the Jo int Committee.  The Joint 
Committee shall keep under review the possibility of further removal of the obstacles to trade between 
the EFTA States and Tunisia. 
3. The Joint Committee may take d ecisions in the cases provided fo r in this Agreement.  On 
other matters the Joint Committee may make recommendations. 
Article 35 
Procedures Of The Joint Committee  
1. For the proper implementation of this Agreem ent the Joint Committee shall, upon request of 
any Party, meet whenever necessary but normally every two years.  
2. The Joint Committee shall act by common agreement. 
3. If a representative in the Joint Committee of a Party has accepted a decision subject to the 
fulfilment of constitutional requirements, the decisi on shall enter into force, if no later date is 
contained therein, on the date at which the lifting of the reservation is notified. 
4. For the purpose of this Agreement the Joint Committee shall adopt its rules of procedure 
which shall, inter alia , contain provisions for convening mee tings and for the designation of the 
Chairman and his/her 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. WT/REG201/1 
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Article 36 
Fulfilment Of Obligations And Consultations
 
1. The Parties shall take all necessary measures to  ensure the fulfilment of their obligations 
under this Agreement.  Should any divergency with respect to the interpretation and application of 
this Agreement arise, the Parties shall make ever y attempt through co-opera tion and consultations to 
arrive at a mutually satisfactory resolution. 
2. Any Party may request in writing consultations with any other Party regarding any actual or 
proposed measure or any other matter that it consider s might affect the operation of this Agreement.  
The Party requesting consultations shall at the sam e time notify the other Parties in writing thereof 
and supply all relevant information. 
3. The consultations shall take place in the Join t Committee if any of the Parties so request 
within 30 days from the receipt of the notification re ferred to in paragraph 2, with a view to finding a 
commonly acceptable solution. 
Article 37 
Provisional Measures  
If an EFTA State considers that Tunisia has, or if Tunisia considers that an EFTA State has 
failed to fulfil an obligation under this Agreement and the Joint Comm ittee has failed to arrive at a 
commonly acceptable solution within 3 months, th e Party concerned may take such provisional 
rebalancing measures as are appropriate and strictly necessary to remedy the imbalance.  Priority shall 
be given to such measures as will least disturb the functioning of the Agreement.  The measures taken 
shall be notified immediately to the Parties and to the Joint Committee, which shall hold regular 
consultations with a view to their abolition.  Th e measures shall be abolished when conditions no 
longer justify their maintenance, or, if the dispute is  submitted to arbitration, when an arbitral award 
has been rendered and complied with. 
Article 38 
Arbitration  
1. Disputes between the Parties, relating to the in terpretation of rights and obligations under this 
Agreement, which have not been settled through direct  consultations or in the Joint Committee within 
90 days from the date of the receipt of the request for consultations, may be referred to arbitration by 
any Party to the dispute by means of a written notifi cation addressed to the other Party to the dispute.  
A copy of this notification shall be communicated to  all Parties.  Where more than one Party requests 
the submission to an arbitral tribunal of a dispute with the same Party relating to the same question a 
single arbitral tribunal should be established to  consider such disputes whenever feasible. 
2. The constitution and functioning of the arbitral tribunal shall be governed by Annex VI.  The 
award of the arbitral tribunal shall be final and binding upon the Parties to the dispute.  WT/REG201/1 
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CHAPTER X:  FINAL PROVISIONS 
Article 39 
Evolutionary Clause  
1. The Parties undertake to review the present Agr eement in light of further developments in 
international economic relations, i.a. in the framewo rk of the WTO, and to examine in this context 
and in the light of any relevant factor, the possi bility of further developing and deepening the co-
operation under this Agreement and to extend it to ar eas not covered therein.  The Parties may instruct 
the Joint Committee to examine this  possibility and, where appropriate, to make recommendations to 
them, particularly with a vi ew to opening up negotiations. 
2. Agreements resulting from the procedure referre d to in paragraph 1 will be subject to 
ratification or approval by the Parties in accordance with their own procedures. 
Article 40 
Annexes And Protocols  
The Annexes and the Protocols to this Agreemen t are an integral part of it.  The Joint 
Committee may decide to amend the Annexes and Protocols. 
Article 41 
Amendments  
1. Amendments to this Agreement shall, after approval by the Jo int Committee, be submitted to 
the Parties for ratification, acceptance or approval.  
2. Unless otherwise agreed by the Pa rties, amendments shall enter in to force on the first day of 
the third month following the deposit of the last in strument of ratification, acceptance or approval. 
3. The text of the amendments as well as the in struments of acceptance shall be deposited with 
the Depositary. 
Article 42 
Relation To Other International Agreements  
1. This Agreement shall not preclude the mainte nance or establishment of customs unions, free 
trade areas and arrangements for frontier trade insofar as they do not have the effect of altering the 
trade arrangements provided for in this Agreement.    
2. The Parties confirm their rights and obligati ons under the WTO and the other agreements 
negotiated thereunder to which they are party, a nd under any other international agreement to which 
they are a party. 
3. When a Party enters into a customs union or fr ee trade agreement with a third party it shall, 
upon request by any other Party, be prepared to en ter into consultations with the requesting Party. WT/REG201/1 
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Article 43 
Accession
 
1. Any new Member of the European Free Trade Association, may accede to this Agreement, 
provided that the Joint Committee decides to approve its accession, on terms and conditions to be 
negotiated between the acceding State and the Parti es concerned.  The instrument of accession shall 
be deposited with the Depositary. 
2. In relation to an acceding State, this Agreement shall enter into force on the first day of the 
third month following the deposit of its instrument  of accession, or the approval of the terms of 
accession by the existing Parties, whichever is later. 
Article 44 
Withdrawal And Expiration  
1. Each Party may withdraw from this Agreement by means of a written notification to the 
Depositary.  The withdrawal shall take effect six months after the date on which the notification is 
received by the Depositary. 
2. Any EFTA State which withdraws from the Conve ntion establishing the European Free Trade 
Association shall ipso facto  on the same day as the withdrawal takes effect cease to be a Party to this 
Agreement. 
Article 45 
Entry Into Force  
1. This Agreement is subject to ratification, acceptance or approval.  The instruments of 
ratification, acceptance or approval sh all be deposited with the Depositary. 
2. This Agreement shall enter into force on 1 June  2005 in relation to those Signatory States 
which by then have deposited their instruments of  ratification or acceptance with the Depositary, 
provided that Tunisia is among the States that have  deposited their instruments of ratification or 
acceptance. 
3. In case this Agreement does not enter into force on 1 June 2005 it shall enter into force on the 
first day of the second month following the latter da te on which Tunisia and at least one EFTA State 
have deposited their instruments of ratification. 
4. In relation to an EFTA State depositing its instrume nt of ratification, after this Agreement has 
entered into force, the Agreement shall enter into  force on the first day of the second month following 
the deposit of its instrument. 
5. If its constitutional requirements permit, an y EFTA State may apply this Agreement 
provisionally.  Provisional application of this Agre ement under this paragraph shall be notified to the 
Depositary.  WT/REG201/1 
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Article 46 
Depositary  
The Government of Norway shall act as Depositary. IN WITNESS WHEREOF the undersigned, being duly authorised hereto, have signed this 
Agreement. 
DONE at Geneva, this 17th day of December 2004, in two original copies, each in the English 
and the French languages, both texts being equally au thentic.  In case of conflict the English version 
shall prevail.  One original for each language sh all be deposited with the Government of Norway. 
 FOR THE REPUBLIC OF ICELAND FOR THE REPUBLIC OF TUNISIA 
 
……………………………………. …………..………………………..  FOR THE PRINCIPALITY OF LIECHTENSTEIN  
……………………………………. 
 FOR THE KINGDOM OF NORWAY  …………………………………….  
FOR THE SWISS CONFEDERATION 
 ……………………………………. 
__________