FINAL ACT

The Plenipotentiaries of

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,

of the other part,

meeting at Luxembourg on the nineteenth day of October in the year one thousand nine hundred and eighty-seven

for the signature of the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agreement,

have, in signing this Protocol,

- adopted the following Joint Declarations by the Contracting Parties:

1. Joint Declaration concerning Article 29 of the Protocol;

2. Joint Declaration concerning pro rata temporis application of the Protocol;

3. Joint Declaration concerning new potatoes;

4. Joint Declaration concerning rules of origin;

- taken note of the Declaration by the European Economic Community concerning a third financial Protocol;

- taken note of the following Declarations by the Republic of the Federal Republic of Germany:

1. On the definition of German nationality;

2. On the application of the Protocol to Berlin;

- taken note of the following Declarations by the Republic of Cyprus:

1. On the valuation of goods for customs purposes;

2. On Annex 1, Annex 5 and Annex 6 products;

- and taken note of the following exchanges of letters:

1. Exchange of letters on the tariff quota for new potatoes referred to in Article 18 (1);

2. Exchange of letters on the tariff quota for cut flowers referred to in Article 19 (5);

3. Exchange of letters on a reduction in the levy on importations into the Community of Kashkaval cheese referred to in Article 19 (6).

The declarations and exchanges of letters listed above are annexed to this Final Act.

The Plenipotentiaries have agreed that the declarations and exchanges of letters shall be subjected, in the same manner as the Association Agreement, to any procedures that may be necessary to ensure their validity.

Hecho en Luxemburgo, el diecinueve de octubre de mil novecientos ochenta y siete.

Udfærdiget i Luxembourg, den nittende oktober nitten hundrede og syvogfirs.

Geschehen zu Luxemburg am neunzehnten Oktober neunzehnhundertsiebenundachtzig.

ßÅãéíå óôï Ëïõîåìâïýñãï óôéò äÝêá åííÝá Ïêôùâñßïõ ÷ßëéá åííéáêüóéá ïãäüíôá åðôÜ.

Done at Luxembourg on the nineteenth day of October in the year one thousand nine hundred and eighty-seven.

Fait à Luxembourg, le dix-neuf octobre mil neuf cent quatre-vingt-sept.

Fatto a Lussemburgo, addì diciannove ottobre millenovecentottantasette.

Gedaan te Luxemburg, de negentiende oktober negentienhonderd zevenentachtig.

Feito no Luxemburgo, em dezanove de Outubro de mil novecentos e oitenta a sete.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

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

>REFERENCE TO A FILM>

Por el Gobierno de la República de Chipre

For regeringen for Republikken Cypern

Für die Regierung der Republik Zypern

Ãéá ôçí êõâÝñíçóç ôçò ÊõðñéáêÞò Äçìïêñáôßáò

For the Government of the Republic of Cyprus

Pour le gouvernement de la république de Chypre

Per il governo della Repubblica di Cipro

Voor de Regering van de Republiek Cyprus

Pelo Governo da República de Chipre

>REFERENCE TO A FILM>

Joint Declaration by the Contracting Parties concerning Article 29 of the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agreement

It is the understanding of the Contracting Parties that the completion of the second stage of the Agreement concerning the establishment of a customs union shall be fully achieved within 15 years of the entry into force of the Protocol.

Joint Declaration by the Contracting Parties on Articles 11, 12, 18, 19, 22 and 24 of the Protocol

1. The Contracting Parties are agreed that, should the entry into force of the Protocol not coincide with the start of the calendar year, the quantitative limits referred to in Articles 11, 12, 18, 19, 22 and 24 of the said Protocol shall be applied on a pro rata basis.

2. The Contracting Parties are further agreed that the charging against quantitative limits of Community imports of products originating in Cyprus and Cypriot imports of products originating in the Community subject to such limits under the Protocol shall begin on 1 January of each year.

Joint Declaration by the Contracting Parties concerning new potatoes falling under the Common Customs Tariff heading Number 07.01 A II ex a)

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 exporting and importing countries.

The working party, chaired by the Commission, 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 about the receiving markets and about competing markets, and their purposes would be to draw up indicative export timetables designed to prevent deliveries being concentrated around sensitive periods for the Community market.

Joint Declaration by the Contracting Parties concerning the rules of origin

1. The Contracting Parties, taking into consideration the progressive application by Cyprus of the Common Customs Tariff during the second stage of the Agreement, agree that, for the purpose of the implementation of the Protocol concerning the definition of 'originating' products and on methods of administrative cooperation, the special provisions mentioned in List A to that Protocol shall not be applicable to imports of products falling under tariff heading N° 61.01.

2. The Community has taken good note of the additional Cypriot demands for derogations under headings 61.02 and 61.03 on which a decision will be taken in the appropriate bodies of the Community and of the Association Council within three months of the entry into force of this Protocol.

3. The Community declares its readiness to examine in the first phase of the second stage specific requests by Cyprus, duly substantiated, for further derogations from the rules of origin.

4. As to the abolition of rules of origin for trade in products covered by the customs union between the Community and Cyprus, the Association Council will take a decision in the context of Article 30 of the Protocol upon being satisfied that Cyprus:

- has completely adopted the Common Customs Tariff for those products in the customs union,

- has taken all measures to apply relevant Community trade policy measures, concerning which the Community will inform the Republic of Cyprus in due time.

Such decision should be taken before the end of the first phase as laid down in Article 1 (2) of the Protocol.

Declaration by the European Economic Community concerning a third financial Protocol

The Community reaffirms its willingness to examine, as from January 1, 1988, with the Republic of Cyprus the arrangements for financial cooperation that could be made in a third financial Protocol, taking into account the new relationship established with the present Protocol, which might put special emphasis on the financing of the Cypriot productive sectors in order to facilitate their adjustment to the new competitive conditions.

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.

Declaration by the representative of the Federal Republic of Germany on the application of the Protocol to Berlin

The Protocol shall also apply to Land Berlin provided that no statement to the contrary by the Government of the Federal Republic of Germany is addressed to the other Contracting Parties within three months of the entry into force of the Protocol.

Declaration by the Republic of Cyprus on the valuation of goods for customs purposes

The Government of the Republic of Cyprus declares that, with a view to facilitating the passage of the second stage of the Agreement between the Community and Cyprus and to ensuring the uniform application of the Common Customs Tariff, Cyprus will:

- take the necessary steps to accept the Agreement on Implementation of Article VII of the General Agreement on Tariff and Trade (GATT valuation code) and, no later than the date of entry into force of the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agreement, to apply the GATT valuation code,

- no later than the end of the first phase of the second stage adapt its legislation to bring it into conformity with the Community's provisions on the valuation of goods for customs purposes,

- maintain close consultation with the Commission of the European Communities on matters regarding the application of the aforesaid code and that of the aforesaid legislation and provisions.

Declaration by the Republic of Cyprus concerning the products of Annex 1, 5 and 6 of the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement

The Government of the Republic of Cyprus declares that, in respect of the products in Annexes 1, 5 and 6 of the Protocol, Cyprus will ensure that the General Customs Tariff of Cyprus is not increased on these products originating in the Community and that the application of the import licensing system does not damage the Community's traditional trade in the same products. In cases where measures may appear necessary in the interests of the balanced development of the Cypriot economy, prior information will be given to the Community which may give rise to consultations within the Association Council.