# EUR-Lex - 52004PC0578(02) - EN

Avis juridique important

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# 52004PC0578(02)

**Proposal for a Council Decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union /* COM/2004/0578 final - AVC 2004/0196 */ **

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Proposal for a COUNCIL DECISION on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

(presented by the Commission)

EXPLANATORY MEMORANDUM

According to the terms of Article 6(2) of the Act of Accession of the new EU Member States to the EU, accession of the new EU Member States to the Euro-Mediterranean Association Agreement is to be agreed by means of a protocol to this Agreement. The same article provides for a simplified procedure, whereby the protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third country concerned. This procedure is without prejudice to the Community's own competences.

On 10 February 2004, the Council approved a mandate for the Commission to negotiate such a protocol with the Hashemite Kingdom of Jordan. These negotiations have since been completed to the satisfaction of the Commission. The text of the Protocol was initialled by the Commission and the Jordanian authorities on 24 June 2004 in Amman.

The attached proposals are for (1) a Council Decision on the signature of the Protocol and (2) a Council Decision on the conclusion of the Protocol.

The text of the protocol negotiated with Jordan is attached. The most important aspects of the protocol are provision for the accession of the new Member States to the EU-Jordan Association Agreement and inclusion of the new official languages of the EU.

The Commission would ask the Council to approve the attached draft Council Decisions for the signature and conclusion of the Protocol.

The European Parliament will be called upon to give its assent to the conclusion of this Protocol.

2004/0196(AVC)

Proposal for a COUNCIL DECISION on the conclusion of a Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2) and the second sub-paragraph of paragraph 3 thereof,

Having regard to the Act of Accession of the new Member States to the European Union, and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

Whereas:

(1) The Protocol to the Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, was signed on behalf of the European Community and its Member States on

(2) The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Sole Article

The Protocol to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, is hereby approved on behalf of the European Community and its Member States. The text of the Protocol is attached to this Decision.

Done at Brussels,

For the Council

The President

Protocol to the Euro-Mediterranean Agreement

between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as "EC Member States" represented by the Council of the European Union, and

THE EUROPEAN COMMUNITY,

hereinafter referred to as "the Community" represented by the Council of the European Union and the European Commission

of the one part

and the HASHEMITE KINGDOM OF JORDAN

hereinafter referred as ''Jordan''

of the other part

WHEREAS the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, hereinafter referred to as "the Euro-Mediterranean Agreement", was signed in Brussels on 24 of November 1997 and entered into force on 1 May 2002;

WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and the Act to it was signed in Athens on 16 April 2003 and entered into force on 1 May 2004;

WHEREAS, pursuant to Article 6(2) of the Act of Accession the accession of the new Contracting Parties to the Euro-Mediterranean Agreement is to be agreed by the conclusion of a protocol to the Euro-Mediterranean Agreement;

WHEREAS consultations pursuant to Article 22(2) of the Euro-Mediterranean Agreement have taken place in order to ensure that account has been taken of the mutual interests of the Community and Jordan;

HAVE Agreed as follows:

Article 1

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic hereby become Contracting Parties to the Euro-Mediterranean Agreement between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, and shall respectively adopt and take note, in the same manner as the other member States of the Community, of the texts of the Agreement, as well as of the Joint Declarations, Declarations and Exchanges of Letters.

Article 2

To take account of recent institutional developments within the European Union, the Parties agree that following the expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community which has taken over all rights and obligations contracted by the European Coal and Steel Community.

CHAPTER ONE: AMENDMENTS TO The text of the EURO-MEDITERRANEAN AGREEMENT, INCLUDING ITS ANNEXES AND PROTOCOLS

Article 3 (Rules of Origin)

Protocol 3 shall be amended as follows:

1. Article 17(4) shall be replaced by the following:

Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

>TABLE POSITION>

2. Article 18(2) shall be replaced by the following:

(...)

The duplicate issued in this way must be endorsed with one of the following words:

>TABLE POSITION>

3. Annex IV shall be replaced by the following:

>TABLE POSITION>

(Place and date) [1]

[1] These indications may be omitted if the information is contained on the document itself.

(Signature of the exporter; the name of the person signing the declaration has to be indicated in clear script) [2]

[2] See Article 20(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

Article 4 (Presidency of the Association Committee)

Article 93(3) is amended as follows:

'The Association Committee shall be chaired in turn by a representative of the

the Commission of the European Communities and by a representative of the Government of the Hashemite Kingdom of Jordan.'

CHAPTER TWO: Transitional provisions

Article 5 (Proofs of origin and administrative cooperation)

1. Proofs of origin properly issued by either Jordan or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries under this Protocol, provided that:

(a) the acquisition of such origin confers preferential tariff treatment on the basis of either the preferential tariff measures contained in the Euro-Mediterranean Agreement or in the Community scheme of generalised tariff preferences;

(b) the proof of origin and the transport documents were issued no later than the day before the date of accession;

(c) the proof of origin is submitted to the customs authorities within the period of four months from the date of accession.

Where goods were declared for importation in either Jordan or a new Member State, prior to the date of accession, under preferential agreements or autonomous arrangements applied between Jordan and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted provided that it is submitted to the customs authorities within the period of four months from the date of accession.

2. Jordan and the new Member States are authorised to retain the authorisations with which the status of "approved exporters" has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided that:

(a) such a provision is also provided for in the agreement concluded prior to the date of accession between Jordan and the Community; and

(b) the approved exporters apply the rules of origin in force under that agreement.

These authorisations shall be replaced no later than one year after the date of accession, by new authorisations issued under the conditions of the Agreement.

3. Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 above shall be accepted by the competent customs authorities of either Jordan or the Member States for a period of three years after the issue of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

Article 6 (Goods in transit)

1. The provisions of the Euro-Mediterranean Agreement may be applied to goods exported from either Jordan to one of the new Member States or from one of the new Member State to Jordan, which comply with the provisions of Protocol 3 and which on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Jordan and in that new Member State.

2. Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country and any other documents that provide supporting evidence of the condition of transport.

Article 7

The Hashemite Kingdom of Jordan undertakes that it shall neither make any claim, request or referral nor modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII in relation to this enlargement of the Community.

Article 8

This Protocol shall form an integral part of the Euro-Mediterranean Agreement.

Article 9

1. This Protocol shall be approved by the Community, by the Council of the European Union on behalf of the Member States, and by the Hashemite Kingdom of Jordan in accordance with their own procedures.

2. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

Article 10

1. This Protocol shall enter into force on the same day as the Treaty of Accession provided that the instruments of approval of this Protocol have been deposited before that date.

2. If not all the instruments of approval of this Protocol have been deposited before that date, this Protocol shall enter into force on the fist day of the first month following the date of deposit of the last instrument of approval.

3. If the condition laid down in the first paragraph is not fulfilled this Protocol shall apply provisionally with effect from 1 May 2004.

Article 11

1. This Protocol is drawn up in duplicate in each of the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish languages and the official language of Jordan, each of these texts being equally authentic.

2. Once the institutions of the European Union will be bound to publish all official acts in Maltese in the Official Journal of the European Union, the agreement will also be drawn up in duplicate in Maltese.

3. Each of the language texts is equally authentic.

Article 12

The text of the Euro Mediterranean Agreement, including the Annexes and Protocols forming an integral part thereof, and the Final Act together with the declarations annexed thereto shall be drawn up in Czech, Estonian, Hungarian, Latvian, Lithuanian, Polish, Slovak an Slovenian languages and these texts shall be authentic in the same way as the original texts [3]. The Association Council shall approve these texts

[3] As for the drawing up of the Euro-Mediterranean Agreement in Maltese, Article 11 of this Protocol applies.

FOR THE MEMBER STATES

FOR THE EUROPEAN COMMUNITY

FOR THE HASHEMITE KINGDOM OF JORDAN