Information regarding the entry into force of the Interim Agreement on trade and trade-related matters between the European Community and the former Yugoslav Republic of Macedonia and publication of the Final Act of the Agreement, including the Declarations annexed to it

(2001/C 149/01)

Following the notification on 27 April 2001 by both sides regarding the completion of their respective internal procedures, the Interim Agreement on trade and trade-related matters between the European Community and the former Yugoslav Republic of Macedonia(1) will, in accordance with Article 50 of the Agreement, enter into force on 1 June 2001.

The Final Act concerning the Interim Agreement and the declarations annexed to it made on Articles 14, 16, 21, 27, 35 and 43, as well as a declaration regarding the transport area, are published hereafter for information purposes.

(1) OJ L 124, 4.5.2001, p. 1.

FINAL ACT

The plenipotentiaries of:

the EUROPEAN COMMUNITY,

hereinafter referred to as "the Community",

of the one part, and

the plenipotentiaries of the FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

of the other part,

meeting in Luxembourg on 9 April in the year 2001 for the signature of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the former Yugoslav Republic of Macedonia of the other part, hereinafter referred to as "the Interim Agreement", have adopted the following texts:

the Interim Agreement, its Annexes I to VI, namely:

Annex I Imports into the former Yugoslav Republic of Macedonia of less sensitive industrial goods originating in the Community

Annex II Imports into the former Yugoslav Republic of Macedonia of sensitive industrial goods originating in the Community

Annex III EC Definition of "baby beef" products

Annex IV(a) Imports into the former Yugoslav Republic of Macedonia of agricultural goods originating in the Community (zero-duty tariff)

Annex IV(b) Imports into the former Yugoslav Republic of Macedonia of agricultural goods originating in the Community (zero-duty tariff within tariff quotas)

Annex IV(c) Imports into the former Yugoslav Republic of Macedonia of agricultural goods originating in the Community (concessions within tariff quotas)

Annex V(a) Imports into the Community of fish and fisheries products originating in the former Yugoslav Republic of Macedonia

Annex V(b) Imports into the Community of fish and fisheries products originating in the Community

Annex VI Intellectual industrial and commercial property rights,

and the following Protocols:

Protocol 1 on textile and clothing products

Protocol 2 on steel products

Protocol 3 on trade between former Yugoslav Republic of Macedonia and the Community in processed agricultural products

Protocol 4 concerning the definition of the concept of "originating products" and methods of administrative cooperation

Protocol 5 on mutual administrative assistance in customs matters.

The plenipotentiaries of the Community and the plenipotentiaries of former Yugoslav Republic of Macedonia have adopted the texts of the joint declarations listed below and annexed to this Final Act:

Joint Declaration concerning Article 21 of the Agreement

Joint Declaration concerning Article 27 of the Agreement

Joint Declaration on the Transport Agreement

Joint Delcaration concerning Article 35 of the Agreement

Joint Declaration concerning Article 43 of the Agreement.

The plenipotentiaries of the former Yugoslav Republic of Macedonia have taken note of the Declaration listed below and annexed to this Final Act:

Declaration by Community concerning Articles 14 and 16.

Joint Declaration on Article 21 (SAA 34)

The European Communities and the former Yugoslav Republic of Macedonia, aware of the impact that the sudden elimination of the 1 % fee applied for customs clearance purposes to imported goods could have on the budget of the latter, agree, as an exceptional measure, that the fee would be maintained until 1 January 2002 or until the entry into force of the Stabilisation and Association Agreement, whichever occurs first.

Should this fee, in the meantime, be reduced or eliminated vis-à-vis a third country, the former Yugoslav Republic of Macedonia undertakes to immediately apply the same treatment to goods of EC origin.

The content of this joint declaration is without prejudice to the position of the European Communities in the negotiations on the accession of the former Yugoslav Republic of Macedonia to the World Trade Organisation.

Joint Declaration concerning Article 27 (SAA 40)

Declaration of intent by the contracting parties on the trade arrangements between the States that emerged from the former Socialist Federal Republic of Yugoslavia:

1. The European Community and former Yugoslav Republic of Macedonia consider it essential for economic and trade cooperation between the States that emerged from the former Socialist Federal Republic of Yugoslavia to be re-established as quickly as possible, as soon as political and economic circumstances permit.

2. The Community is prepared to grant cumulation of origin to the States that emerged from the former Socialist Federal Republic of Yugoslavia which have restored normal economic and trade cooperation as soon as the administrative cooperation needed for cumulation to work properly has been established.

3. With this in mind, the former Yugoslav Republic of Macedonia declares its readiness to enter into negotiations as soon as possible in order to establish cooperation with other States that emerged from the former Socialist Federal Republic of Yugoslavia.

Joint Declaration on the Transport Agreement (SAA 57)

The Parties agree to seek the earliest possible implementation of Article 12.3(b) of the Transport Agreement between the European Community and the former Yugoslav Republic of Macedonia, on a system of ecopoints through the conclusion of the relevant agreement, in the form of an exchange of letters, as soon as possible and at the latest by the conclusion of the Interim Agreement.

Joint Declaration concerning Article 35 (SAA 71)

The Parties agree that for the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to databases, patents, industrial designs, trademarks and service marks, topographies of integrated circuits, geographical indications, including appellation of origins, as well as protection against unfair competition as referred to in Article 10(a) of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information on know-how.

Joint Declaration concerning Article 43 (SAA 118)

(a) For the purposes of the interpretation and practical application of the Agreement, the Parties agree that the cases of special urgency referred to in Article 43 of the Agreement mean cases of material breach of the Agreement by one of the two parties. A material breach of the Agreement consists of:

- repudiation of the Agreement not sanctioned by the general rules of international law,

- violation of the essential elements of the Agreement set out in Article 1.

(b) The Parties agree that the "appropriate measures" referred to in Article 43 are measures taken in accordance with international law. If a Party takes a measure in a case of special urgency pursuant to Article 43, the other Party may avail itself of the dispute settlement procedure.

Declaration by the Community concerning Articles 14 and 16 (SAA 27 and 29)

Considering that exceptional trade measures are granted by the European Community to countries participating or linked to the EU stabilisation and association process including the former Yugoslav Republic of Macedonia on the basis of Council Regulation (EC) No 2007/2000 as amended by Council Regulation (EC) No 2563/2000 of 20 November 2000, the European Community declares:

- that, pursuant to Article 16(2) of this Agreement, those of the unilateral autonomous trade measures which are more favourable shall apply in addition to the contractual trade concessions offered by the Community in this Agreement as long as Regulation (EC) No 2007/2000 as amended applies,

- that, in particular, for the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad-valorem customs duties and a specific customs duty, the elimination shall apply also to the specific customs duty in derogation from the relevant provision of Article 14(1).