AGREEMENT between the Member States of the European Coal and Steel Community and the European Coal and Steel Community of the one part, and the Republic of Slovenia, of the other part

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

being members of the European Coal and Steel Community,

and THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part,

THE REPUBLIC OF SLOVENIA,

of the other part,

WHEREAS the European Economic Community and the Republic of Slovenia are concluding a Cooperation Agreement concerning the sectors covered by that Community;

PURSUING the same objectives and desiring to find like solutions for the sector covered by the European Coal and Steel Community,

HAVE DECIDED, in pursuit of these objectives and considering that no provision of this Agreement may be interpreted as exempting the Contracting Parties from the obligations incumbent upon them under other international agreements,

TO CONCLUDE THIS AGREEMENT:

Article 1

Respect for the democratic principles and human rights established by the Helsinki Final Act and the Charter of Paris for a New Europe shall inspire the domestic and external policies of the Community and Slovenia, and shall constitute an essential element of this Agreement.

This Agreement shall apply to the products covered by the European Coal and Steel Community which are specified in Annex I.

TITLE I

Trade

Article 2

In the field of trade, the objective of this Agreement is to promote trade between the Contracting Parties, taking account of their respective levels of development and the need to ensure a better balance in their trade, with a view to improving the conditions of access for Slovenian products to the Community market.

Article 3

1. Subject to the special provisions of paragraph 2, products originating in Slovenia shall be imported into the Community free of quantitative restrictions and measures having equivalent effect, and of customs duties and charges having equivalent effect.

2. The Community shall establish the tariff arrangements for imports of the products originating in Slovenia listed in Annex II, subject to the conditions and within the limits of the ceilings which it shall set annually.

3. For certain products which it considers to be sensitive, the Community reserves the right to call upon the Joint Committee to determine such special conditions for access to its market as may be necessary. The Joint Committee shall determine the conditions in question within a period not exceeding three months from the date of notification. Failing a decision by the Joint Committee within that period, the Community may take the necessary measures. However, such measures may not be wider in scope than those applicable in respect of the products in question pursuant to paragraph 2 under the conditions laid down in that paragraph.

For the purposes of implementing the provisions referred to in the first subparagraph, the Contracting Parties shall hold periodic exchanges of information in the Joint Committee before determining, if appropriate, special conditions for access by the products concerned to the markets of each of the Contracting Parties. The Contracting Parties shall notably exchange information on trade flows and medium and long-term production and export forecasts.

The Joint Committee shall examine periodically the measures taken under the first subparagraph to ascertain whether they are compatible with the objectives of the Agreement.

Article 4

Articles 19 to 34 of the Cooperation Agreement between the European Economic Community and the Republic of Slovenia shall apply to this Agreements mutatis mutandis.

Article 5

The provisions determining the rules of origin for the implementation of the Cooperation Agreement shall also apply to this Agreement.

Article 6

1. If the quotations made by Slovenian economic operators are likely to be detrimental to the functioning of the common market and if any such detriment is attributable to a difference in the conditions of competition as regards prices, the other Contracting Party may take appropriate measures under the conditions and in accordance with the procedures laid down in paragraph 2.

2. The Contracting Parties shall provide the Joint Committee with all relevant information and shall give it the assistance it requires to examine the case and, where appropriate, take appropriate measures.

If Slovenia fails to put an end to the practice in question within the period fixed by the Joint Committee, or should agreement not be reached in the Joint Committee within one month of the matter being referred to it, the other Contracting Party may adopt any safeguard measures it considers necessary to avoid harming the functioning of the common market or to put an end to such harm; it may in particular withdraw tariff concessions.

Article 7

This Agreement shall not modify the provisions of the Treaty establishing the European Coal and Steel Community or the powers and jurisdiction deriving therefrom.

TITLE II

General and final provisions

Article 8

1. A Joint Committees is hereby established. It shall be responsible for the administration of this Agreement and shall ensure that it is implemented properly. For this purpose, it shall make recommendations and take decisions in the cases provided for in the Agreement.

The decisions taken shall be binding on the Contracting Parties, which, acting in accordance with their own rules, shall take such measures as are required to implement them.

2. In the interests of proper implementation of this Agreement, the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Joint Committee.

3. The Joint Committee shall adopt its own rules of procedure.

Article 9

1. The Joint Committee shall consist of representatives of the Contracting Parties.

2. The Joint Committees shall act by mutual agreement.

Article 10

1. The Joint Committee shall be chaired by each Contracting Party in turn as laid down in its rules of procedure.

2. The chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of the Agreement.

The Joint Committee shall also meet whenever special circumstances require, at the request of either Contracting Party, as laid down in its rules of procedure.

3. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties.

Article 11

Article 35 to 37 and 43 to 47 of the Cooperation Agreement shall apply to this Agreement mutatis mutandis.

Article 12

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Coal and Steel Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Slovenia.

Article 13

The Annexes and the Declarations which appear in the Final Act shall form an integral part of this Agreement.

Article 14

Either Contracting Party may denounce this Agreement subject to giving six months' prior notice.

The Contracting Parties reserve the right to suspend this Agreement in whole or in part, with immediate effect, if a serious breach of its essential provisions occurs.

Article 15

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Slovenian languages, each of these texts being equally authentic.

Article 16

This Agreement shall be approved by the Contracting Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.

Hecho en Luxemburgo, el cinco de abril de mil novecientos noventa y tres.

Udfærdiget i Luxembourg, den femte april nitten hundrede og treoghalvfems.

Geschehen zu Luxemburg am fünften April neunzehnhundertdreiundneunzig.

¸ãéíåóôï Ëïõîåìâïýñãï, óôéò ðÝíôå Áðñéëßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Luxembourg on the fifth day of April in the year one thousand nine hundred and ninety-three.

Fait à Luxembourg, le cinq avril mil neuf cent quatre-vingt-treize.

Fatto a Lussemburgo, addì cinque aprile millenovecentonovantatré.

Gedaan te Luxemburg, de vijfde april negentienhonderd drieënnegentig.

Feito em Luxemburgo, em cinco de Abril de mil novecentos e noventa e três. AEV Luksemburgu, petega aprila tisocdevetstotriindevetdeset.

Pour le Royaume de Belgique

Voor het Koninkrijk België

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Ãéá ôçí ÅëëçíéêÞ Äçìïêñáôßá

Por el Reino de España

Pour la République française

Thar cheann na hÉireann

For Ireland

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Pela República Portuguesa

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea del Carbón y del Acero

For Det Europæiske Kul- og Stålfællesskab

Für die Europäische Gemeinschaft für Kohle und Stahl

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá ¶íèñáêá êáé ×Üëõâá

For the European Coal and Steel Community

Pour la Communauté européenne du charbon et de l'acier

Per la Comunità europea del carbone e dell'acciaio

Voor de Europese Gemeenschap voor Kolen en Staal

Pela Comunidade Europeia do Carvão e do Aço

Za Republiko Slovenijo

ANNEX I

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FINAL ACT

The PLENIPOTENTIARIES of:

the KINGDOM OF BELGIUM,

the KINGDOM OF DENMARK,

the FEDERAL REPULIC OF GERMANY,

the HELLENIC REPUBLIC,

the KINGDOM OF SPAIN,

the FRENCH REPUBLIC,

IRELAND,

the ITALIAN REPUBLIC,

the GRAND DUCHY OF LUXEMBOURG,

the KINGDOM OF THE NETHERLANDS,

the PORTUGUESE REPUBLIC,

the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

being Member States of the European Coal and Steel Community,

and

of THE EUROPEAN COAL AND STEEL COMMUNITY,

of the one part,

and

of THE REPUBLIC OF SLOVENIA,

of the other part,

meeting at Luxembourg on 5 April 1993 for the signing of the Agreement between the Member States of the European Coal and Steel Community, and the European Coal and Steel Community, of the one part, and the Republic of Slovenia, of the other part,

at the time of signing this Agreement, have adopted the following Declarations annexed to this Act:

1. Declaration on the interpretation of the term 'Contracting Parties' as used in the Agreement;

2. Declaration by the Contracting Parties on Article 3 of the Agreement.

Hecho en Luxemburgo, el cinco de abril de mil novecientos noventa y tres.

Udfærdiget i Luxembourg, den femte april nitten hundrede og treoghalvfems.

Geschehen zu Luxemburg am fünften April neunzehnhundertdreiundneunzig.

¸ãéíå óôï Ëïõîåìâïýñãï, óôéò ðÝíôå Áðñéëßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Luxembourg on the fifth day of April in the year one thousand nine hundred and ninety-three.

Fait à Luxembourg, le cinq avril mil neuf cent quatre-vingt-treize.

Fatto a Lussemburgo, addì cinque aprile millenovecentonovantatré.

Gedaan te Luxemburg, de vijfde april negentienhonderd drieënnegentig.

Feito em Luxemburgo, em cinco de Abril de mil novecentos e noventa e três.

Luksemburgu, petega aprila tisocdevetstotriindevetdeset.

Pour le Royaume de Belgique

Voor het Koninkrijk België

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Ãéá ôçí ÅëëçíéêÞ Äçìïêñáôßá

Por el Reino de España

Pour la République française

Thar cheann na hÉireann

For Ireland

Per la Repubblica italiana

Pour le Grand-Duché de Luxembourg

Voor het Koninkrijk der Nederlanden

Pela República Portuguesa

For the United Kingdom of Great Britain and Northern Ireland

Por la Comunidad Europea del Carbón y del Acero

For Det Europæiske Kul- og Stålfællesskab

Für die Europäische Gemeinschaft für Kohle und Stahl

Ãéá ôçí ÅõñùðáúêÞ Êïéíüôçôá ¶íèñáêá êáé ×Üëõâá

For the European Coal and Steel Community

Pour la Communauté européenne du charbon et de l'acier

Per la Comunità europea del carbone e dell'acciaio

Voor de Europese Gemeenschap voor Kolen en Staal

Pela Comunidade Europeia do Carvão e do Aço

Za Republiko Slovenijo

1. DECLARATION ON THE INTERPRETATION OF THE TERM 'CONTRACTING PARTIES' AS USED IN THE AGREEMENT

The European Coal and Steel Community and its Member States, of the one part, and the Republic of Slovenia, of the other part, agree to interpret the Agreement to the effect that the expression 'Contracting Parties' appearing therein means on the one hand the Community and the Member States, or either the Member States or the Community alone, and on the other hand the Republic of Slovenia. The meaning to be attributed to this expression in each case is to be deduced from the relevant provisions of the Agreement and from the corresponding provisions of the Treaty establishing the European Coal and Steel Community.

2. DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 3 OF THE AGREEMENT

The ceilings referred to in Article 3 of the Agreement will apply overall to the Republics that have emerged from the former Socialist Federal Republic of Yugoslavia.

The import arrangements applicable to products originating in Slovenia referred to in Article 3 of the Agreement may not be less favourable overall than those applicable in 1992 pursuant to Decision 92/150/ECSC of the Member States' representatives meeting within the Council on 3 February 1992.

The Member States of the ECSC and the ECSC reserve the right to propose to Slovenia that the unilateral arrangements provided for in Article 3 be replaced with contractual arrangements based on the relevant provisions of the Agreement between the Member States of the ECSC and the ECSC on the ona hand and the former Socialist Federal Republic of Yugoslavia on the other, for products included in Annex II to this Agreement.

Slovenia takes note of this and expresses its wish to begin negotiations quickly on this matter.