EN Official Journal of the European Communities L 327/52

PROTOCOL

relating to financial cooperation between the European Economic Community and the State of Israel

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE STATE OF ISRAEL,

of the other part,

REAFFIRMING their resolve to implement, under the Mediterranean policy of the enlarged Community, cooperation which will contribute to the economic development of Israel and promote the strengthening of relations between the Community and Israel,

ANXIOUS to pursue to this end the financial cooperation provided for in the Agreement between the European Economic Community and the State of Israel, signed on 11 May 1975,

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 STATE OF ISRAEL:

Avraham PRIMOR,

Ambassador Extraordinary and Plenipotentiary;

HAVE AGREED AS FOLLOWS:

Article 1

The Community shall participate, within the framework of financial cooperation, in the financing of projects designed to contribute to the economic development of Israel.

Article 2

1. For the purposes specified in Article 1, the Community will ask the European Investment Bank (hereinafter referred to as ‘the Bank’) to make available to Israel funds of up to ECU 63 million. This amount may be committed, for a period expiring on 31 October 1991, in the form of loans granted in accordance with the conditions, detailed rules and procedures laid down by the Bank's statute.

2. Capital projects helping to increase productivity and to achieve complementarity between the Contracting Parties' economies and promoting, in particular, the industrialization of Israel, which have been submitted to the Bank by the State of Israel or, with the latter's agreement, by public or private undertakings having their seat or a place of business in Israel, shall be eligible for financing.

3. (a) Examination of the eligibility of the projects and the granting of loans shall be undertaken in accordance with the detailed rules, conditions and procedures laid down by the Bank's statute; (b) the loans shall, as regards their duration, be subject to terms established on the basis of the economic and financial characteristics of the projects for which these loans are intended, also taking into account the conditions obtaining on the capital markets on which the Bank procures its resources; (c) the interest rate shall be determined in accordance with the Bank's practice at the time of signature of each loan contract.

Article 3

Any funds not committed at the end of the period referred to in Article 2 (1) shall be used until exhausted. In that case, the funds shall be used in accordance with the same arrangements as those laid down in this Protocol.

Article 4

Aid contributed by the Bank for the execution of projects may, with the agreement of Israel, take the form of co-financing.

Article 5

The execution, management and maintenance of schemes which are the subject of financing under this Protocol shall be the responsibility of Israel or the other beneficiaries referred to in Article 2.

The Bank shall ensure that its financial aid is expended in accordance with the agreed allocations and to the best economic advantage.

Article 6

1. Israel shall apply to contracts awarded for the execution of projects financed by the Bank fiscal and customs arrangements no less favourable than those applied vis-à-vis the most favoured nation or the most favoured international development organization.

2. Israel shall take the necessary measures to ensure that interest and all other payments due to the Bank in respect of loans granted under this Protocol are exempted from any national or local taxes or levies.

Article 7

Where a loan is granted to a beneficiary other than the State of Israel, the provision of a guarantee by the latter or other sufficient guarantees shall be required by the Bank as a condition of the grant of the loan.

Article 8

All natural and legal persons coming within the scope of the Treaty establishing the European Economic Community and all natural and legal persons of Israel may participate on equal terms in tendering procedures and other procedures for the award of contracts which may be financed by the Bank.

Such legal persons formed in accordance with the law of a Member State of the European Economic Community or with that of Israel must have their registered offices, their administrative head offices or their principal establishments in the territories in which the Treaty establishing the European Economic Community is applied or in Israel; however, where only their registered offices are in those territories or in Israel, the activities of such legal persons must be effectively and continuously linked with the economy of those territories or of Israel.

Article 9

Throughout the duration of the loans granted pursuant to this Protocol, Israel shall undertake to make available to debtors enjoying such loans and guarantors of the loans the foreign currency necessary for the payment of interest and commission and the repayment of capital.

Article 10

The results of financial cooperation may be examined within the Cooperation Council.

Article 11

One year before this Protocol expires, the Contracting Parties will consider measures which might be taken during a new period of financial cooperation.

Article 12

This Protocol shall form an integral part of the Agreement between the European Economic Community and the State of Israel signed on 11 May 1975.

Article 13

1. This Protocol shall be subject to approval in accordance with the Contracting Parties' own procedures; the Contracting Parties shall notify each other when the procedures necessary to this end have been completed.

2. This Protocol shall enter into force on the first day of the second month following the date on which the notifications provided for in paragraph 1 have been given.

Article 14

This Protocol shall be drawn up in two original copies 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 blijke 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 κρύτος 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

Information on the date of entry into force of the fourth Additional Protocol to the Agreement between the European Economic Community and the State of Israel and of the Protocol on financial cooperation between the European Economic Community and the State of Israel, signed in Brussels on 15 December 1987 Notification of completion of the procedures necessary for the entry into force of the abovementioned Protocols having been completed on 25 November 1988, the Additional Protocol will enter into force, in accordance with Article 8 thereof, on 1 December 1988, and the Financial Protocol will enter into force, in accordance with Article 13 thereof, on 1 January 1989.

Information on the date of implementation of Council Regulation (EEC) No 4162/87 of 21 December 1987, laying down arrangements for Spain's and Portugal's trade with Israel and amending Regulation (EEC) No 449/86 and (EEC) No 2573/87 (1) The measures provided for in Article 3 of the Regulation having been notified by the State of Israel by letter of 24 October 1988, with effect from 1 December 1988, the abovementioned Regulation will apply as from 1 December 1988. (1) OJ No L 396, 31. 12. 1987, p. 1.