# EUR-Lex - 22012A1215(02) - EN

Important legal notice

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# 22012A1215(02)

**Protocol on cultural cooperation **

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Official Journal L 346 , 15/12/2012 P. 2622 - 2624 *

DECLARATIONS

JOINT DECLARATION OF COSTA RICA AND THE EUROPEAN UNION TO CHAPTER 1 OF TITLE II (TRADE IN GOODS) OF THIS AGREEMENT

Costa Rica shall review that the internal taxes charged on the beverages listed below are applied pursuant to the provisions of Chapter 1 of Title II (Trade in Goods), such that:

(a) For carbonated beverages classified under tariff heading 2202 and alcoholic beverages classified under tariff heading 2203, such revision shall be completed no later than one year after entry into force.

(b) For alcoholic beverages classified under tariff headings 2204 to 2208, such review shall be completed no later than four years after entry into force.

JOINT DECLARATION ON ARTICLE 88 OF CHAPTER 1 OF TITLE II (TRADE IN GOODS)

Costa Rica and Guatemala may continue to apply the measures listed below after the date of entry into force of this Agreement. The necessity of maintaining these measures will be examined by the Parties, at the latest, ten years after the date of entry into force of this Agreement.

Guatemala

(a) Ley del Café, Decreto No. 19-69 del Congreso de la República de Guatemala, Decreto No. 114-63 del Jefe de Estado y Decreto Ley No. 111-85 del Jefe de Estado.

Costa Rica

(a) Law No. 5515 of 19 April 1974 as amended by Law No. 5538 of 18 June 1974; Law No. 4895 of 16 November 1971 as amended by Law No. 7147 of 30 April 1990 and Law No. 7277 of 17 December 1991;

(b) Law No. 2762 of 21 June 1961 as amended by Law No. 7551 of 22 September 1995; and

(c) Law No. 6247 of 2 May 1978 and Law No. 7837 of 5 October 1998.

JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA

1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by the Republics of the CA Party as originating in the European Union within the meaning of this Agreement.

2. Annex II (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Co-operation) shall apply mutatis mutandis for the purpose of defining the originating status of the above mentioned products.

JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO

1. Products originating in the Republic of San Marino shall be accepted by the Republics of the CA Party as originating in the European Union within the meaning of this Agreement.

2. Annex II (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Co-operation) shall apply mutatis mutandis for the purpose of defining the originating status of the above mentioned products.

JOINT DECLARATION CONCERNING DEROGATIONS

1. The Parties recognise the important role of a stable growth and progress of the economies of the Republics of the CA Party in encouraging the smooth development of trade relations between the Parties.

2. For that purpose, the Sub-Committee on Customs, Trade Facilitation and Rules of Origin, established in accordance with Article 123 of Chapter 3 (Customs and Trade Facilitation) of Title II of Part IV of this Agreement (hereinafter referred to as the "Sub-Committee"), shall discuss and consider derogation requests from Annex II where the development of existing industries or the creation of new industries in the Republics of the CA Party justify the adoption of such derogations. The derogations subsequently may be adopted by the Association Council.

3. The Republics of the CA Party shall, either before or when the request for derogation is submitted to the Sub-Committee, notify the EU Party of its request for a derogation together with the reasons for the request in accordance with paragraph 5.

4. Within the Association Council, the EU Party shall respond positively to the requests of the Republics of the CA Party, if admissible and duly justified in conformity with this Declaration and if they cannot cause serious injury to an established European Union's industry.

5. In order to facilitate the examination by the Sub-Committee of requests for derogation, one or more Republics of the CA Party shall furnish in support of their request the fullest possible information covering in particular the following:

(a) description of the finished product;

(b) nature and quantity of materials originating in third countries;

(c) manufacturing processes;

(d) added value achieved;

(e) number of employees in the enterprise concerned;

(f) anticipated volume of exports to the European Union;

(g) other possible sources of supply for raw materials;

(h) other observations.

6. The examination of requests for derogation shall in particular take into account:

(a) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in one or more Republics of the CA Party making the request to continue their exports to the European Union, with particular reference to cases where this could lead to cessation of its activities;

(b) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of the investment program would enable these rules to be satisfied by stages.

7. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.

8. The Sub-Committee shall take steps necessary to ensure that a decision on a request for derogation is reached as soon as possible. The derogation may be granted for the period of twelve months. The Sub-Committee may review the necessity to extend the period of validation of the derogation by another twelve months upon the request of the Republics of the CA Party, if the economic conditions which formed the basis for establishing the derogation continue, taking into account other conditions referred to in paragraphs 1 to 7. The extension of the derogation shall be decided by the Association Council.

JOINT DECLARATION REGARDING THE REVISION OF THE RULES OF ORIGIN CONTAINED IN ANNEX II

(concerning the definition of the concept of "originating products" and methods of administrative co-operation)

1. The Parties agree to review the provisions contained in Annex II (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Co-operation) and discuss the necessary amendments upon request of either Party. In such discussions, the Parties shall take into account the development of technologies, production processes and all other factors, which might justify the changes to the rules. Any changes to that Annex shall be made on the basis of a mutual agreement.

2. Appendix 2 and 2A to Annex II will be adapted in accordance with the periodical changes to the Harmonized System.

JOINT DECLARATION CONCERNING THE REVISION OF THE RULES OF ORIGIN APPLICABLE TO PRODUCTS OF CHAPTERS 61 AND 62 OF THE HARMONIZED SYSTEM

If the rules of origin applied by the European Union for products of Chapters 61 and 62 of the Harmonized System, in the framework of the Generalised System of Preferences for non least-developed countries (LDCs), are more relaxed than the ones contained in this Agreement, after consultations in the Association Committee at the request of one or more Republics of the CA Party, the Association Council shall modify Appendix 2 of Annex II (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Co-operation) in order to apply the same level of relaxation.

JOINT DECLARATION CONCERNING TEMPORAL USE OF ADDITIONAL NON-ORIGINATING MATERIALS FOR PRODUCTS OF CHAPTERS 61 AND 62 OF THE HARMONIZED SYSTEM

At the initiative of one or more Republics of the CA Party and after consultations in the Association Committee, the Association Council may decide to temporarily permit the use of additional non-originating materials which shall be identified at 8 digit level for products in Chapters 61 and 62 of the Harmonized System, provided that there is no production of these materials in the Parties. Under these circumstances, these materials shall be considered as originating for the effects of the rules of origin of Appendix 2 of Annex II (Concerning the Definition of the Concept of "Originating Products" and Methods of Administrative Co-operation) applicable to products in Chapters 61 and 62 of the Harmonized System. After consultations in the Association Committee, the use of the above mentioned materials shall not be permitted when a Party demonstrates that there is production of these materials in the Parties.

DECLARATION OF THE EU PARTY ON DATA PROTECTION OF CERTAIN REGULATED PRODUCTS

In negotiations of Title VI (Intellectual Property) of Part IV of this Agreement, the Parties have agreed that undisclosed data concerning safety and efficacy that is submitted as a condition of approving the marketing of new pharmaceutical or agricultural chemical products will be protected not through a specific provision, but through the principles of national treatment and most favoured nation treatment enshrined in Article 230 of Title VI (Intellectual Property) of Part IV of this Agreement. It was further agreed that the bilateral dispute settlement mechanism enshrined in the Association Agreement shall apply to any dispute arising in this regard.

The EU Party, having examined the relevant legislation of each of the Republics of CA Party considers that this legislation, by providing protection periods of at least five years for pharmaceutical products and ten years for agricultural chemical products, affords a satisfactory level of protection that corresponds to the relevant international obligations entered to by the Republics of the CA Party including Article 39 of the WTO TRIPS Agreement, Article 15.10 of The Dominican Republic - Central America - United States Free Trade Agreement and for Panama Article 15.10 of the United States-Panama Trade Promotion Agreement.

JOINT DECLARATION NAMES THAT HAVE BEEN APPLIED FOR REGISTRATION AS GEOGRAPHICAL INDICATIONS IN A REPUBLIC OF A CA PARTY

The Parties acknowledge that applications for registration as geographical indications in the Party of origin have been lodged for the names listed herein. For the purpose of protection in the territory of the EU Party, the Party of origin shall notify the EU Party of the finalisation of the national applicable procedures for protection. Once these names have been successfully registered as geographical indications in the Party of origin, these names shall undergo the procedures and be protected as set out in Article 245 of Title VI (Intellectual Property) of Part IV of this Agreement, provided that the formal requirements for applications in the EU Party have been fulfilled no later than one year before entry into force.

List of names for which applications have been lodged:

| Country | Name | Product |

1. | Costa Rica | Dota-Tarruzú Puro | Coffee |

2. | Costa Rica | Los Santos | Coffee |

3. | Costa Rica | Orosi | Coffee |

4. | Costa Rica | Tres Ríos | Coffee |

5. | Costa Rica | Turrialba | Coffee |

6. | Costa Rica | Tarrazú | Coffee |

7. | Costa Rica | West Valley | Coffee |

8. | Costa Rica | Brunca | Coffee |

9. | Costa Rica | Central Valley | Coffee |

10. | Costa Rica | Café de Costa Rica | Coffee |

11. | Costa Rica | Guanacaste | Coffee |

12. | Costa Rica | Queso Turrialba | Cheese |

13. | El Salvador | Café Tecapa – Chinameca | Coffee |

14. | El Salvador | Café del la Cordillera del Bálsamo | Coffee |

15. | El Salvador | Bálsamo de la Cordillera del Bálsamo | Balm |

16. | El Salvador | Café de Alotepeque | Coffee |

17. | El Salvador | Café del Volcán de San Salvador | Coffee |

18. | El Salvador | Café de Cacahuatique | Coffee |

19. | El Salvador | Café del Platanal | Coffee |

20. | El Salvador | Queso Duro Blando | Cheese |

21. | El Salvador | Queso Seco Añejo | Cheese |

22. | El Salvador | Queso Morolique | Cheese |

23. | El Salvador | Queso Capita | Cheese |

24. | El Salvador | Quesillo de El Salvador | Cheese |

25. | El Salvador | Queso Puebla | Cheese |

26. | El Salvador | Queso Capa Roja | Cheese |

27. | El Salvador | Queso de Terrón | Cheese |

28. | Honduras | Café Copán Honduras | Coffee |

29. | Honduras | Café Azul Meambar | Coffee |

30. | Honduras | Café Montecillo | Coffee |

31. | Honduras | Café Agalta Tropical | Coffee |

32. | Honduras | Café Opalaca | Coffee |

33. | Honduras | Café Paraíso | Coffee |

34. | Honduras | Café Guisayote | Coffee |

35. | Honduras | Café Erapuca | Coffee |

36. | Honduras | Café Congolón | Coffee |

37. | Honduras | Café Cangual | Coffee |

38. | Honduras | Café Camapara | Coffee |

39. | Nicaragua | Quesillo de Nagarote | Cheese |

40. | Nicaragua | Quesillo de Chontales | Cheese |

41. | Nicaragua | Cacao de Waslala | Cocoa |

42. | Nicaragua | Cacao de Río Coco | Cocoa |

43. | Nicaragua | Cacao de Nueva Guinea | Cocoa |

44. | Nicaragua | Café de Kilambé | Coffee |

45. | Nicaragua | Café de Dipilto | Coffee |

46. | Nicaragua | Café Mozonte | Coffee |

47. | Nicaragua | Café Wiwilí | Coffee |

48. | Nicaragua | Miel del Sauce | Honey |

49. | Nicaragua | Miel de Mateare | Honey |

50. | Nicaragua | Miel de Belén | Honey |

51. | Panama | Café de altura de Panamá | Coffee |

52. | Panama | Café de bajura de Panamá | Coffee |

53. | Panama | Coco de tres filos de Colón | Coconut |

54. | Panama | Piña de La Chorrera | Pineapple |

JOINT DECLARATION ON EU PARTY'S CUSTOMS UNIONS

The EU Party recalls that States with which it has established a Customs Union at the time of signature of this Agreement and whose products do not benefit from the tariff concessions under this Agreement have the obligation, in relation to countries which are not members of the European Union, to align themselves on the Common Customs Tariff and, progressively, with the preferential customs regime of the European Union, taking the necessary measures and negotiating agreements on mutually advantageous basis with the countries concerned.

Consequently, the European Union has invited the Republics of the CA Party to enter into negotiations with these States as soon as possible.

The Republics of the CA Party inform that they shall make best efforts to negotiate with these States an agreement establishing a free trade area.

EL SALVADOR'S UNILATERAL DECLARATION ON ARTICLE 290 "TRADE IN FISH PRODUCTS" OF TITLE VIII (TRADE AND SUSTAINABLE DEVELOPMENT) OF PART IV OF THIS AGREEMENT

El Salvador subscribes to Article 290 of Title VIII (Trade and Sustainable Development) of Part IV of this Agreement, without prejudice to El Salvador's legal status in regards to the United Nations Convention on the Law of the Sea and Annexes.

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Protocol

on cultural cooperation [1]

Whereas,

AS SIGNATORIES to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted in Paris on 20 October 2005 (hereinafter referred to as the "UNESCO Convention"), which entered into force on 18 March 2007, the Parties intend to effectively implement the UNESCO Convention and to co-operate within the framework of its implementation, building upon the principles of the Convention and developing actions in line with its provisions, notably its Articles 14, 15 and 16;

RECOGNISING the importance of the cultural industries and the multi-faceted nature of cultural goods and services as activities of cultural, economic and social value;

RECALLING that the objectives of this Protocol are complemented and supported by existing and future policy instruments managed in other frameworks, with a view to:

(a) reinforcing the capacities and independence of the Parties' cultural industries;

(b) promoting local and regional cultural content;

(c) recognising, protecting and promoting cultural diversity as a condition for a successful dialogue between cultures;

(d) recognising, protecting and promoting cultural heritage, as well as promote its recognition by local populations and recognise its value as a means for expressing cultural identities.

STRESSING the importance to facilitate cultural co-operation between the Parties and for that purpose to take into account, on a case by case basis, inter alia, the degree of development of their cultural industries, the level and structural imbalances of cultural exchanges and the existence of preferential schemes for the promotion of local or regional cultural content;

HAVING REGARD to Title VIII (Culture and Audio-Visual Co-operation) of Part III of this Agreement and wishing to develop co-operation further;

NOTING the establishment of a Co-operation Sub-Committee in paragraph 7 of Article 8 of Title II (Institutional Framework) of Part I of this Agreement, should include officials who have competence in cultural matters and practices, when dealing with the implementation of this Protocol.

Article 1

Scope, Objectives and Definitions

1. Without prejudice to the provisions of this Agreement, this Protocol sets up the framework within which the Parties shall co-operate for facilitating exchanges regarding cultural activities, goods and services, including inter alia in the audiovisual sector.

2. While preserving and further developing their capacity to elaborate and implement their cultural policies, with a view to protecting and promoting cultural diversity, the Parties shall endeavour to collaborate in order to improve the conditions governing their exchanges of cultural activities, goods and services and address imbalances which may exist, and ensure wider and more balanced cultural exchanges.

3. The UNESCO Convention constitutes the reference for all definitions and concepts used in this Protocol. In addition, for the purpose of this Protocol, and in particular its Article 3, "artists and other cultural professionals and practitioners", as referred to in Article 16 of the UNESCO Convention, covers natural persons that perform cultural activities, produce cultural goods or participate in the direct supply of cultural services.

SECTION A

HORIZONTAL PROVISIONS

Article 2

Cultural exchanges and dialogue

1. The Parties shall aim at fostering their capacities to determine and develop their cultural policies, developing their cultural industries and enhancing exchange opportunities for cultural goods and services of the Parties, including through preferential treatment, where applicable in accordance with the domestic legislations of the respective Parties.

2. The Parties shall co-operate to foster the development of a common understanding and enhanced exchange of information on cultural and audiovisual matters through an EU-Central American dialogue, including on good practices in the field of intellectual property rights protection which are relevant to this Protocol. This dialogue will take place within the mechanisms established in the Agreement as well as in other relevant fora, as and when appropriate.

Article 3

Artists and other Cultural Professionals and Practitioners

1. The Parties shall endeavour to facilitate, in conformity with their respective domestic legislations, the entry into, and temporary stay in their territories of artists and other cultural professionals and practitioners from the other Party, who are either:

(a) artists, actors, technicians and other cultural professionals and practitioners from the other Party involved in the shooting of cinematographic films or TV programmes; or

(b) artists and other cultural professionals and practitioners such as visual, plastic and performing artists and instructors, composers, authors, providers of entertainment services and other similar professionals and practitioners from the other Party involved in cultural activities such as the recording of music or contributing an active part to cultural events such as literary fairs and similar,

provided that:

(a) they are not engaged in selling or supplying their services and do not receive any remuneration from a source located within the Party where they are temporarily staying; and

(b) they are not engaged in the supply of a service in the framework of a contract concluded between a legal person, who has no commercial presence in the Party where the artist or other cultural professional or practitioner is temporary staying, and a consumer in this Party.

2. The Parties shall endeavour to facilitate, in conformity with their respective domestic legislations, the training of, and increased contacts between artists and other cultural professionals and practitioners such as:

(a) theatrical producers, singer groups, band and orchestra members;

(b) authors, composers, sculptors, entertainers and other individual artists;

(c) artists and other cultural professionals and practitioners participating in the direct supply of circus, amusement park and similar attraction services;

(d) artists and other cultural professionals and practitioners participating in the direct supply of ballroom, discotheque services and dance instructors.

Article 4

Technical Assistance

1. The EU Party shall endeavour to provide technical assistance to the Republics of the CA Party with the aim of assisting in the development of their cultural industries, development and implementation of cultural policies, and in promoting the production and exchange of cultural goods and services.

2. The Parties agree to co-operate, including by facilitating support, through different measures, inter alia, training, exchange of information, expertise and experiences, and counselling in elaboration of policies and legislation as well as in usage and transfer of technologies and know-how. Technical assistance may also facilitate cooperation between private companies, non-governmental organisations as well as public-private partnerships.

SECTION B

SECTORAL PROVISIONS

Article 5

Audio-Visual, including Cinematographic, Cooperation

1. The Parties shall encourage the negotiation of new and implementation of existing co-production agreements between one or several Member States of the European Union and one or several Republics of the CA Party.

2. The Parties, in conformity with their respective domestic legislation, shall facilitate the access of co-productions between one or several EU Party producers and one or several producers from the Republics of the CA Party to their respective markets, through appropriate measures including by facilitating support through the organisation of festivals, seminars and similar initiatives.

3. Each Party shall encourage as appropriate the promotion of its territory as a location for the purpose of shooting cinematographic films and TV programmes.

4. The Parties shall, in conformity with their respective domestic legislations, examine and allow the temporary importation or admission, as applicable, of the technical material and equipment necessary to carry out the shooting of cinematographic films and TV programmes by cultural professionals and practitioners from the territory of one Party into the territory of the other Party.

Article 6

Performing arts

1. The Parties agree to cooperate, in conformity with their respective domestic legislation, including by facilitating increased contacts between practitioners of performing arts in areas such as professional exchanges and training, inter alia participation in auditions, development of networks and promotion of networking.

2. The Parties shall encourage joint productions in the fields of performing arts between producers of one or several Member States of the European Union and one or several Republics of the CA Party.

3. The Parties shall encourage the development of international theatre technology standards and the use of theatre stage signs. They shall facilitate the co-operation towards this objective.

Article 7

Publications

The Parties agree to co-operate, in conformity with their respective domestic legislation, including by facilitating exchange with and dissemination of publications of the other Party in areas such as:

(a) organisation of fairs, seminars, literary events and other similar events related to publications, including public reading mobile structures;

(b) facilitating co-publishing and translations;

(c) facilitating professional exchanges and training for librarians, writers, translators, booksellers and publishers.

Article 8

Protection of Sites and Historic Monuments

The Parties agree to co-operate, including by facilitating support to encourage exchanges of expertise and best practices regarding the protection of sites and historic monuments, bearing in mind the UNESCO world heritage mission. This includes facilitating the exchange of experts, collaboration on professional training, awareness of the local publics and counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life. Such co-operation shall conform with the Parties' respective domestic legislation.

SECTION C

FINAL PROVISIONS

Article 9

Final Provisions

1. The provisions of this Protocol shall apply between the EU Party and each Republic of the CA Party from the first day of the month following the date in which that Republic of the CA Party has deposited its instrument of ratification of the UNESCO Convention.

2. If all the Republics of the CA Party have deposited their instruments of ratification of the UNESCO Convention before the exchange of notifications referred to in paragraphs 2 and 3 of Article 353 of Part V (Final Provisions) of this Agreement, the provisions of this Protocol shall apply from the date of entry into force of this Agreement.

[1] Nothing in this Protocol shall be subject to Title X (Dispute Settlement) of Part IV of this Agreement.

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