EN Official Journal of the European Communities L 327/36

FOURTH ADDITIONAL PROTOCOL

to the Agreement between the European Economic Community and the State of Israel

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part, and

THE STATE OF ISRAEL,

of the other part,

HAVING REGARD to the Agreement between the European Economic Community and the State of Israel, signed at Brussels on 11 May 1975, hereinafter referred to as the ‘Agreement’, and to the Additional Protocol signed at Brussels on 8 February 1977,

CONSIDERING THAT the Community and Israel wish to strengthen still further their relations in order to take account to the new dimension created by the accession to the European Communities of Spain and Portugal, on 1 January 1986, and that Article 22 of the Agreement provides for the possibility of improvements in its terms,

CONSIDERING THAT certain rules should be foreseen to enable Israel's traditional export trade to the Community to be maintained,

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Jakob Esper LARSEN,

Ambassador Extraordinary and Plenipotentiary,

Permanent Representative of Denmark,

Chairman of the Permanent Representatives Committee,

Jean DURIEUX,

Special Adviser in the Directorate-General for External Relations of the Commission of the European Communities;

THE GOVERNMENT OF THE STATE OF ISRAEL:

Avraham PRIMOR,

Ambassador Extraordinary and Plenipotentiary;

HAVE AGREED AS FOLLOWS:

Article 1

1. Customs duties applicable under the Agreement to imports into the Community of products listed in Annex A to this Protocol and originating in Israel shall be phased out over the same periods and at the same rates as provided in the Act of Accession of Spain and Portugal in respect of imports into the Community as constituted on 31 December 1985 of the same products from Spain or Portugal. This provision shall be applied in accordance with the rules hereinafter set out in this Article.

In the course of this phasing out of customs duties and where the level of customs duties in force for Spanish imports into the Community as constituted on 31 December 1985 differs from that applied to imports originating in Portugal, products originating in Israel shall be subject to the higher of the two rates.

2. Where the customs duty on a product listed in Annex A is lower for Israel than for Spain, Portugal or both, phasing out of the duty shall commence once the duty on that product from both Spain and Portugal has fallen below that applied to imports originating in Israel.

3. The provisions of paragraphs 1 and 2 shall apply within the limits and in accordance with the special conditions to which the tariff reductions laid down in Articles 9 and 10 of Protocol 1 to the Agreement are subject.

4. Customs duties on imports of products originating in Israel and listed in Annex A in respect of which Community tariff quotas are indicated in the said Annex shall be phased out within the limits of such quotas.

Once the volume of imports of such products exceeds the quotas, the Community shall apply the customs duties prevailing under the Agreement.

5. For the purposes of phasing out customs duties for certain products listed in Annex A and originating in Israel, the reference quantities indicated in the said Annex are hereby established.

Should the volume of imports of one of these products exceed the reference quantity, the Community, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a Community tariff quota as provided for in paragraph 4, the volume of which shall be equal to the reference quantity.

6. Should the Community discover, in the light of the annual review of trade flows which it shall carry out, that the volume of imports of a product or products listed in Annex A, other than those referred to in paragraphs 4 and 5, threatens to cause difficulties on the Community market, it may establish a reference quantity as provided for in paragraph 5.

Article 2

1. Customs duties on imports into the Community of products listed in Annex B to this Protocol and originating in Israel shall be phased out in the same way as indicated in Article 1 (1), (4), (5) and (6).

However, once the volume of imports of such products exceeds the Community tariff quotas, within the meaning of Article 1 (4), the Community shall apply the customs duties of the Common Customs Tariff.

2. The phasing out of customs duties for cut flowers and flower buds, fresh, falling within subheading 06.03 A of the Common Customs Tariff, shall be subject to certain conditions agreed by exchange of letters.

Article 3

1. For 1990 and for each successive marketing year, the Community shall decide, on the basis of the statistical review and analysis referred to in paragraph 2, and taking into account factors relevant to the objective of maintaining traditional trade flows in the context of enlargement, whether to adjust the entry price, referred to in Regulation (EEC) No 1035/72, for the following products originating in Israel within the quantitative limits set out below:

Common Customs Tariff heading No Description Quantity 08.02 ex A Oranges, fresh 293 000 tonnes 08.02 ex B Mandarins (including tangerines and satsumas); Clementines, wilkings and other similar citrus hybrids; fresh 14 200 tonnes 08.02 ex C Lemons, fresh 6 400 tonnes

2. From 1987 onwards and at the end of each marketing year, the Community shall carry out, om the basis of a statistical review, an analysis of the situation for the said products originating in Israel and exported to the Community.

For these same products, from 1989 onwards and for each subsequent year, the Community shall draw up, together with Israel, a forecast of production and deliveries.

3. The possible adjustment provided for in paragraph 1 refers to the sum to be deducted, in respect of customs duty, from the representative prices recorded in the Community for the purpose of calculating the entry price of each of these products, within the limits set out in Article 152 (2) (c) of the Act of Accession of Spain and Portugal.

Article 4

Customs duties on imports into Israel of the products listed below and originating in the Community shall be phased out between 1 January 1990 and 31 December 1995. The necessary arrangements shall be agreed by exchange of letters before 1 January 1990.

Common Customs Tariff heading No Description ex 02.01 Meat of bovine animals, other than frozen ex 04.02 Milk powder

Article 5

1. A Trade and Economic Cooperation committee shall be set up for the purpose of improving the operation of the institutional mechanisms of the Agreement. The committee shall facilitate:

— the regular exchange of information on trade and production data and forecasts,

— the regular exchange of information on the opportunities for cooperation in areas covered by the Agreement.

The committee shall be chaired alternately by a representative of the Commission of the European Communities and a representative of Israel.

2. The Cooperation Council shall decide as soon as possible on the composition of this committee and how it shall function, in accordance with Article 12 (2) of the Additional Protocol to the Agreement signed on 8 February 1977. It may also decide, where appropriate, upon the submission of reports to the Council by the committee.

Article 6

From 1995 onwards, the Community and Israel shall examine the results of cooperation between the Contracting Parties in order to appraise the situation and the future development of their relations in the light of the objectives defined in the Agreement.

Article 7

This Protocol shall form an integral part of the Agreement between the European Economic Community and the State of Israel.

Article 8

1. This Protocol shall be ratified, accepted or approved by the Contracting Parties in accordance with their own procedures; the Contracting Parties shall notify each other of the completion of the procedure necessary to that end.

2. This Protocol shall enter into force on the first day of the month following that in which the notification provided for in paragraph 1 was given.

Article 9

This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Hebrew languages, each of these texts being equally authentic.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Protocolo. Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne protokol. Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Protokoll gesetzt. Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στο παρόν πρωτόκολλο. In witness whereof, the undersigned Plenipotentiaries have signed this Protocol. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent protocole. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente protocollo. Ten blij ke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Protocol hebben gesteld. Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente protocolo. Hecho en Bruselas, el quince de diciembre de mil novecientos ochenta y siete. Udfærdiget i Bruxelles, den femtende december nitten hundrede og syvogfirs. Geschehen zu Brüssel am fünfzehnten Dezember neunzehnhundertsiebenundachtzig. Έγινε στις Βρυξέλλες, στις δέκα πέντε Δεκεμβρίου χίλια εννιακόσια ογδόντα επτά. Done at Brussels on the fifteenth day of December in the year one thousand nine hundred and eighty-seven. Fait à Bruxelles, le quinze décembre mil neuf cent quatre-vingt-sept. Fatto a Bruxelles, addì quindici dicembre millenovecentottantasette. Gedaan te Brussel, de vijftiende december negentienhonderdzevenentachtig. Feito em Bruxelas, em quinze de Dezembro de mil novecentos e oitenta e sete. Por el Consejo de las Comunidades Europeas For Rådet for De Europæiske Fællesskaber Für den Rat der Europäischen Gemeinschaften Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων For the Council of the European Communities Pour le Conseil des Communautés européennes Per il Consiglio delle Comunità europee Voor de Raad van de Europese Gemeenschappen Pelo Conselho das Comunidades Europeias Por el Estado de Israel For Israel Für den Staat Israel Για το κράτος του Ισραήλ For the State of Israel Pour l'État d'Israël Per lo Stato d'Israele Voor de Staat Israël Pelo Estado de Israel

ANNEX A Common Customs Tariff heading No Description 07.01 Vegetables, fresh or chilled: G. Carrots, turnips; salad beetroot, salsify, celeriac, radishes and similar edible roots: ex II. Carrots and turnips: — Carrots, from 1 January to 31 March (1) ex H. Onions, shallots and garlic: — Onions, from 15 February to 15 May (2) S. Sweet peppers (3) T. Other: ex I. Courgettes: — From 1 December to the end of February ex II. Aubergines: — From 15 January to 30 April (4) ex III. Other: — Sticks of celery, from 1 January to 30 April (5) 08.01 Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes, guavas and mangosteens, fresh or dried, shelled or not: D. Avocados (6) H. Other 08.02 Citrus fruit, fresh or dried: ex A. Oranges: — Fresh (7) ex B. Mandarins (including tangerines and satsumas); clementines, wilkings or other similar citrus hybrids: — Fresh (8) ex C. Lemons: — Fresh (9) D. Grapefruit 08.08 Berries, fresh: A. Strawberries: ex II. From 1 August to 30 April: — From 1 November to 31 March (10) ex08.09 Other fruit, fresh: — Melons, from 1 November to 31 May (11) — Water melons, from 1 April to 15 June (12) 08.10 Fruit (whether or not cooked), preserved by freezing, not containing added sugar: ex D. Other: — Grapefruit segments 08.11 Fruit provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: ex B. Oranges: — Finely ground (13) ex E. Other: — Citrus fruits, finely ground (14) 09.04 Pepper of the genus ‘Piper’; pimento of the genus ‘Capsicum’ or the genus ‘Pimenta’: A. Neither crushed nor ground: II. Pimento: ex c) Other: — From 15 November to 30 April B. Crushed or ground 13.03 Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, derived from vegetable products: ex B. Pectic substances, pectinates and pectates: — Pectic substances and pectinates 20.02 Vegetables prepared or preserved otherwise than by vinegar or acetic acid: ex C. Tomatoes: — Peeled tomatoes (15) — Tomato concentrate (16) ex H. Other, including mixtures: — Celeriac, other than in mixtures — Cabbages, other than in mixtures — Gumbos, other than in mixtures 20.06 Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit: B. Other: II. Not containing added spirit: a) Containing added sugar, in immediate packings of a net capacity of more than 1 kg: 2. Grapefruit segments (17) ex 3. Mandarins (incluiding tangerines and satsumas); Clementines, wilkings and other similar citrus hybrids: — Finely ground 7. Peaches and apricots: ex aa) With a sugar content exceeding 13% by weight: — Apricots ex bb) Other: — Apricots ex 8. Other fruits: — Grapefruit — Oranges and lemons, finely ground ex 9. Mixtures of fruit: — Fruit salad (16) b) Containing added sugar, in immediate packings of a net capacity of 1 kg or less: 2. Grapefruit segments (17) ex 3. Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids: — Finely ground ex 8. Other fruits: — Grapefruit — Oranges and lemons, finely ground (18) ex 9. Mixtures of fruit: — Fruit salad (16) c) Not containing added sugar, in immediate packings of a net capacity: 1. Of 4,5 kg or more: ex aa) Apricots: — Apricot halves — Apricot pulp (19) ex dd) Other fruits: — Grapefruit segments — Grapefruit — Citrus pulp — Citrus fruit, finely ground (20) ex 20.07 Fruit juices (including grape must) and vegetable juices, whether or not containing added sugar, but unfermented and not containing spirit: A. Of a density exceeding 1,33 g/cm3 at 20 oC: III. Other: ex a) Of a value exceeding 30 ECU per 100 kg net weight: — Orange juice (21) — Grapefruit juice (22) ex b) Other: — Orange juice (21) — Grapefruit juice (22) — Other citrus fruit juices B. Of a density of 1,33 g/cm3 or less at 20 oC: II. Other: a) Of a value exceeding 30 ECU per 100 kg net weight: 1. Orange juice (21) 2. Grapefruit juice (23) ex 3. Lemon juice and other citrus fruit juices: — Other citrus fruit juices (excluding lemon juice) 5. Tomato juice (24) b) Of a value of 30 ECU or less per 100 kg net weight: 1. Orange juice (21) 6. Tomato juice (24) (1) Within the limit of a Community tariff quota of 3 100 tonnes. (2) Within the limit of a Community tariff quota of 11 200 tonnes. (3) Within the limit of a Community tariff quota of 7 400 tonnes. (4) Reference quantity 1 200 tonnes. (5) Within the limit of a Community tariff quota of 10 800 tonnes. (6) Reference quantity 31 000 tonnes. (7) Within the limit of a Community tariff quota of 293 000 tonnes. (8) Within the limit of a Community tariff quota of 14 200 tonnes. (9) Within the limit of a Community tariff quota of 6 400 tonnes. (10) Within the limit of a Community tariff quota of 2 200 tonnes. (11) Within the limit of a Community tariff quota of 9 500 tonnes. (12) Within the limit of a Community tariff quota of 7 800 tonnes. (13) Within the limit of a Community tariff quota of 5 900 tonnes. (14) Reference quantity 1 100 tonnes. (15) Within the limit of a Community tariff quota of 2 800 tonnes. (16) In accordance with the conditions referred to in Article 9 of Protocol 1 to the Agreement. (17) Reference quantity 13 700 tonnes (overall quantity for the two subheadings referring to grapefruit segments). (18) Reference quantity of 2 000 tonnes. (19) Within the limit of the Community tariff quota referred to in Article 10 of Protocol 1 to the Agreement. (20) Reference quantity 2 900 tonnes. (21) Within the limit of a Community tariff quota of 82 700 tonnes (overall quantity for the four subpositions referring to orange juice), of which not more than 20 000 tonnes may be imported in packings of a capacity of two litres or less. (22) Reference quantity of 28 700 tonnes (overall quantity for the three subheadings referring to grapefruit juice). (23) Reference quantity 28 700 tonnes (overall quantity for the three subheadings referring to grapefruit juice). (24) Within the limit of a Community tariff quota of 8 500 tonnes (overall quantity for the two subheadings referring to tomato juice).

ANNEX B Common Customs Tariff heading No Description 06.03 Cut flowers and flower buds of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: A. Fresh (1) 06.04 Foliage, branches and other parts (other than flowers or buds) of trees, shrubs, bushes and other plants, and mosses, lichens and grasses, being goods of a kind suitable for bouquets or ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: B. Other: I. Fresh 07.01 Vegetables, fresh or chilled: A. Potatoes: II. New potatoes: ex a) From 1 January to 15 May: — From 1 January to 31 March (1) B. Cabbages, cauliflowers and Brussels sprouts: ex III. Other: — Chinese ‘cabbage’, from 1 November to 31 December (2) D. Salad vegetables, including endive and chicory: I. Cabbage lettuce: ex a) from 1 April to 30 November: — Crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (Iceberg), from 1 to 30 November (3) ex b) from 1 December to 31 March: — Crisp head cabbage lettuce (Lactuca sativa L. var. capitata) (Iceberg), from 1 to 31 December (3) 07.04 Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in powder, but not further prepared: ex B. Other: — Sweet peppers 08.01 Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, mangoes, guavas and mangosteens, fresh or dried, shelled or not: A. Dates 08.02 Citrus fruit, fresh or dried: ex E. Other: — Cumquats 08.04 Grapes, fresh or dried: A. Fresh: I. Table grapes: ex a) From 1 November to 14 July: — From 1 February to 30 June (4) 08.09 Other fruit, fresh: — Kiwi fruit, from 1 January to 30 April (5) — Pomegranates — Persimmons, from 1 December to 31 July 08.10 Fruit (whether or not cooked), preserved by freezing, not containing added sugar: ex D. Other: — Dates 20.01 Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or without sugar, whether or not containing salt, spices or mustard: ex C. Other: — Okra and little onions (6) (pearl onions) 20.06 Fruit otherwise prepared or preserved, whether or not containing added sugar or spirit: A. Nuts (including groundnuts), roasted, in immediate packings of a net capacity: ex I. Of more than 1 kg: — Groundnuts (1) Within the limit of a Community tariff quota of 17 000 tonnes. (2) Within the limit of a Community tariff quota of 450 tonnes. (3) Within the limit of an overall Community tariff quota of 250 tonnes for products falling within subheadings 07.01 D I ex a) and ex b). (4) Reference quantity 1 900 tonnes. (5) Reference quantity 200 tonnes. (6) ‘Little onions’ shall mean onions of an equatorial diameter equal to, or less than, 30 mm.

Joint declaration by the Contracting Parties on Articles 1, 2, and 3 of the Additional Protocol The Contracting Parties agree that should the entry into force of the Additional Protocol not coincide with the start of the calendar or seasonal year, as the case may be, the quantitative limits referred to in Articles 1, 2 and 3 shall be applied on a pro rata basis. The Contracting Parties further agree that the charging against quantitative limits of Community imports of products originating in Israel which are subject to such limits under the Additional Protocol shall begin on 1 January of each year, except in respect of the following products, for which the dates set out below shall apply: — 08.02 ex A. Oranges, fresh: 1 July — 08.02 ex B. Mandarins (including tangerines and satsumas); clementines, wilkings and other similar citrus hybrids; fresh: 1 July — 06.03 A. Cut flowers and flower buds, fresh: 1 November

Joint declaration by the Contracting Parties concerning new potatoes falling within subheading 07.01 A II ex a) of the Common Customs Tariff To avoid disturbance on the Community market, the Contracting Parties agree to meet within an advisory working party to examine the situation on the potato markets (state of harvests and supply situation) both in the Community importing countries and in the Mediterranean exporting countries. The members of this working party will be designated by the Governments of the main Mediterranean exporting and Community importing countries. The working party, chaired by the Commission of the European Communities, would meet at least three times a year and in particular before sowing takes place in the exporting countries and at the time of deliveries. These meetings would enable the main potato-exporting countries to be informed both of the receiving markets and of competing markets, and their purpose would be to draw up indicative export timetables designed to prevent deliveries being concentrated around sensitive periods for the Community market.

Declaration by the representative of the Federal Republic of Germany on the definition of German nationality Every German person, within the meaning of the basic constitutional law applying in the Federal Republic of Germany, is considered as a national of the Federal Republic of Germany