Proposal for a COUNCIL DECISION on the conclusion of the Agreement on customs union and cooperation between the European Economic Community and the Republic of San Marino
Date: 1997-01-29
Institutions: European Commission
Subjects: San Marino, cooperation agreement (EU), cooperation policy, customs union

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  29.0!  1997 
COM(97)  8 final 

97/0022  (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

on the conclusion of the Agreement on customs union and cooperation  between 
the European Economic Community and the Republic of San  Marino 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  On  16 December  1991 the European Economic Community  and San Marino  signed 

an Agreement in Brussels on customs union and cooperation. 

2.  Pending  that  Agreement's  entry  into  force,  an  interim  Agreement  on  trade  and 
customs union was signed in Brussels on 27 November  1992, entering  into force on 
1 December 1992. 

3. 

The process  for  the ratification  of the  Agreement  took  a particularly  long  lime, the 
last Member  State (of the Twelve) completing the relevant procedures on 26 March 
this year. 

4.  Ratification  was  still  under  way  when  Austria,  Finland  and  Sweden  joined  the 
In  accordance  with  the  Act  of  Accession,  they  too  must  accede  to  the 

Union. 
cooperation Agreement. 

5.  The  Council  should  therefore  approve  the  cooperation  Agreement  on behalf  of the 
Twelve  as  quickly  as  possible,  approving  at  the  same  time,  on  behalf  of  the 
Community,  a  protocol  for  the  accession  of  Austria,  Finland  and  Sweden  to  the 
cooperation  Agreement. 

6. 

In the case of Austria, Finland and Sweden, the Agreement and the Protocol  - and in 
that  of  the  other  twelve  Member  States  the  Protocol  -  would  enter  into  force  once 
notification  had been given that the relevant procedures had been completed. 

7.  The Commission therefore proposes that the Council: 

•  adopt the  draft  Decision  on the  conclusion  of  the  Agreement  on  customs  union 
and cooperation  between the European  Economic  Community  and  the  Republic 
of San Marino; 

•  approve  the  Protocol  to  the  Agreement  on  customs  union  and  cooperation 
between  the  European  Economic  Community  and  the  Republic  of  San  Marino 
consequent  on the  accession  to the  European  Union  of the  Republic  of  Austria, 
the Republic of Finland and the Kingdom of Sweden. 

Proposal for a Council Decision 

on the conclusion of the Agreement on customs union and cooperation  between 
the European Economic Community and the Republic of San Marino 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular 
Articles  113 and 235 in conjunction  with the second  sentence  of Article 228(2) and 
the first indent of Article 228(3) thereof, 

Having regard to the proposal  from  the Commission, 

Having regard to the opinion of the European  Parliament, 

Whereas  the  Agreement  on  customs  union  and  cooperation  between  the  European 
Economic  Community  and  the  Republic  of  San  Marino  (hereinafter  referred  to  as 
'the  Agreement')  signed  in Brussels  on  16 December  1991 has been  ratified  by the 
twelve signatory Member States; 

Whereas an interim Agreement on trade and customs union was concluded  pending 
the Agreement's entry into force;1 

Whereas Austria, Finland and Sweden have joined the European Union and must, in 
accordance with the Act of Accession, accede to the Agreement; 

Whereas  their  accession  requires  no  amendment  to  the  Agreement  other  than  the 
preparation of authentic texts in the Finnish and Swedish languages; 

Whereas  in  furtherance  of  the  Community's  external  economic  objectives  and 
taking  account  of  the  special  situation  of  San  Marino,  the  Agreement  should  enter 
into force  in so far  as it concerns the Community  and  the twelve signatory  Member 
States; 

Whereas the Council, acting on behalf  of the Community,  should  at the  same time 
approve  a  Protocol  to  the  Agreement  to  take  account  of  the  accession  of  Austria, 
Finland and Sweden; 

Whereas,  in  the  case  of  Austria,  Finland  and  Sweden,  the  Agreement  and  the 
Protocol - and in that of the other twelve Member  States the Protocol  - would  enter 
into  force  after  notification  has  been  given  that  the  relevant  procedures  had  been 
completed, 

HAS DECIDED AS FOLLOWS: 

Article  1 

The  Agreement  on  customs  union  and  cooperation  signed 
in  Brussels  on 
16 December  1991  between  the  European  Economic  Community  and  the  Republic 

CM N© L 35% 9  12.1992, p.13. 

of  San  Marino,  including  the  declarations  annexed  thereto,  is  hereby  approved  on 
behalf of the Community.  The texts of the Agreement and the declarations arc to be 
found  in Annex  1  to this Decision. 

The  President  of  the  Council  shall,  on  behalf  of  the  Community,  give  the 
notification  provided for in Article 30 of the Agreement.2 

Article 2 

The Protocol to the Agreement consequent  on the accession to the European  Union 
of  Austria,  Finland  and  Sweden  is  hereby  approved  on  behalf  of  the  Community. 
The text of the Protocol is to be found  in Annex 2. 

The President  of the Council  shall give the notification  provided  for  in Article  3 of 
the Protocol on behalf of the Community. 

Done at Brussels, 

For the Council 

The President 

The  date  of  entry  into  force  of  the  Agreement  will  be  published  in  the  Official  Journal  of  the 
European Communities by the General  Secretariat of the Council. 

ANNEX 1 

AGREEMENT 

ON CUSTOMS UNION AND COOPERATION 

BETWEEN THE EUROPEAN ECONOMIC COMMUNITY 

AND THE REPUBLIC OF SAN MARINO 

No  C  302/12 

Official  Journal  of  the  European  Communities 

22.  11.91 

AGREEMENT 

on  customs  union  and  cooperation  between  the  European  Economic  Community  and  the 
Republic  of  San  Marino 

THE  REPUBLIC  OF  SAN  MARINO, 

and 

THE  EUROPEAN  ECONOMIC  COMMUNITY, 

RESOLVED  to  consolidate  and  extend  the  existing  close  relations  between  the  European  Economic 
Community  and  the  Republic  of  San  Marino, 

CONSIDERING  THAT  existing  links  between  the  two  Parties,  particularly  in  commercial,  economic, 
social  and  cultural  sectors,  should  be  strengthened  by  esublishing  cooperation  between  San  Marino  and 
the  European  Economic  Community  in  respect  of  all  matters  of  common  interest, 

CONSIDERING  THAT,  owing  to  the  situation  of  San  Marino  and  its present  status  within  the customs 
territory  of  the Community, a customs union should  be established  between  San Marino  and  the European 
Economic  Community, 

HAVE  AGREED  AS FOLLOWS: 

Article  1 

The  purpose  of  this  Agreement  between  the  European 
Economic  Community  and  the  Republic  of  San  Marino 
is  to  establish  a  customs  union  between  the  two  Parties 
and  promote  comprehensive  cooperation  between  them 
with  the  aim  of  contributing  to  the  social  and  economic 
development  of  San  Marino  and  strengthening  relations 
between  the  Parties. 

TITLE  I 

Customs  union 

Article  2 

is  hereby  established  between 

A  customs  union 
the 
European  Economic  Community  and  San  Marino  for 
products  covered  by  Chapters  1  to  97  of  the  Common 
Customs  Tariff,  except  products  falling  within  the  scope 
of  the  Treaty  esublishing  the  European  Coal  and  Steel 
Community. 

Article  3 

1. 

The  provisions  of  this  Title  shall  apply  to: 

(a)  goods  produced 

in 

the  Community  or 

in  San 
Marino,  including  those  obtained  wholly  or  in  part 
from  products  which  come  from  third  countries  and 
are  in  free  circulation  in  the  Community  or  in  San 
Marino; 

(b)  goods  which  come  from  third  countries  and  are  in 
free  circulation  in  the  Community  or  in  San  Marino. 

Products  coming  from 

2. 
third  countries  shall  be 
considered  to  be  in  free  circulation  in  the  Community  or 
in  San  Marino 
import  formalities  have  been 
complied  with  and  any  customs  duties  or  charges  having 
equivalent  effect  which  are  payable  have  been  levied,  and 
there  has  been  no  total  or  partial  drawback  of  such 
duties  or  charges  in  respect  of  the  said  products. 

if  the 

Article  4 

The  provisions  of  this  Title  shall  also  apply  to  goods 
obtained  or  produced 
in  the  Community  or  in  San 
Marino,  in  the  manufacture  of  which  were  used  products 
coming  from  third  countries  and  not  in  free  circulation 
either 
in  San  Marino.  These 
provisions  shall,  however,  apply  to  those  goods  only  if 
the  exporting  Contracting  Party  levies  the  customs  duties 
laid  down  in  the  Community  for  third  country  products 
used  in  their  manufacture. 

in  the  Community  or 

Article  5 

1. 
The  Contracting  Parties  shall  refrain  from  intro 
ducing  between  themselves  any  new  customs  duties  on 
imports  or  exports  or  charges  having  equivalent  effect. 

22.  11.91 

Official  Journal  of  the  European  Communities 

No  C  302/13 

2. 
San  Marino  also  undertakes  not  to  adjust  duties 
referred  to  in  paragraph  1 as applied  to  imports  from  the 
Community  on  1  January  1991,  without  prejudice  to 
existing  commitments  between  San  Marino  and  Italy 
pursuant  to  the  exchange  of  letters  of  21  December 
1972. 

laws, 
regulations  and  administrative  provisions 
applicable  to  customs  matters  in  the  Community  and 
necessary  for  the  proper  functioning  of  the  customs 
union, 

—  the  common  commercial  policy  of  the  Community, 

Article  6 

1.  Trade  between  the  Community  and  San  Marino 
shall  be  exempt  from  all  import  and  export  duties  and 
charges  having  equivalent  effect,  subject to the  provisions 
of  paragraphs  2  and  3. 

2. 
In  order  that  the  charges  having  equivalent  effect 
currently  applied  to  imports  from  the  Community  may 
be  abolished  on  1 January  1996,  San  Marino  undertakes 
to  introduce,  within  six  months  of  the  entry into force  of 
the  Agreement,  a  supplementary  tax  corresponding  to 
that  currently  levied  on  imported  goods,  to  be  char 
for  home 
geable  on  domestic.  products 
consumption.  The  supplemenury  ux  will  apply  in full  on 
the  above  date.  It  shall  be  applicable  as  a  countervailing 
measure  and  shall  be  calculated  on  the  added  value  of 
domestic  products  at  rates  equal  to  those  applied  to 
imported  goods  of  a  similar  kind. 

intended 

3.  (a)  On  the  entry  into  force  of  the  Agreement  the 
Community,  with  the  exception  of  the  Kingdom 
of  Spain  and  the  Portuguese  Republic,  shall  admit 
imports  from  San  Marino  exempt  from  customs 
duty. 

(b)  From  the  entry  into  force  of  the  Agreement  the 
Kingdom  of  Spain  and  the  Portuguese  Republic 
shall  apply  the  same  customs  duties  in  respect  of 
San  Marino  as  they  apply  in  respect  of  the 
Community  as constituted  on  31 December  1985. 

In  trade 

in  agricultural  products  between  the 
4. 
Community  and  San  Marino,  San  Marino  undertakes  to 
adopt  Community  veterinary,  plant  health  and  quality 
regulations  where  necessary  for  the  proper  functioning 
of  the  Agreement. 

Article  7 

From  the  entry  into  force  of  the  Agreement  San 
1. 
Marino  shall  apply  in  respect  of  countries  not  members 
of  the  Community: 

the  Common  Customs  Tariff, 

trade 

Community  regulations  on 
in  agricultural 
products  covered  by  Annex  II  to  the  Treaty  esub 
lishing  the  European  Economic  Community,  with  the 
exception  of  refunds  and  compensatory  amounts 
accorded  for  exports, 

Community  veterinary,  plant  health  and  quality  regu 
lations  where  necessary  for  the  proper  functioning  of 
the Agreement. 

The  provisions  referred  to  in  this  paragraph  shall  be 
those  applicable  at  the  time  in  the  Community. 

2.  The  provisions  referred  to  in  the  second  to  fifth 
indents  of  paragraph  1  shall  be  determined  in  greater 
detail  by  the  Cooperation  Committee. 

3. 
By  way  of  derogation  from  the  first  indent  of 
paragraph  1  publications,  works  of  an,  scientific  or 
teaching  materials  and  medical  supplies  or  equipment 
offered 
insignias, 
to  the  San  Marino  Government, 
medals,  sumps,  printed  matter  and  other  similar  objects 
or  paper  destined  for  use  by  the  government  shall  be 
exempt  from  customs  duties. 

Article  8 

1.  (a)  Over  a  period  of  five  years  from  the  entry  into 
force  of  the Agreement,  and  beyond  that  period  if 
no  agreement  can  be  reached  in  accordance  with 
1  (b),  San  Marino  shall  authorize  the  Community, 
acting  on  behalf  of  and  for  San  Marino,  to  carry 
out  customs  clearance  formalities,  in  particular 
release  for  free  circulation  of  products  sent  from 
third  countries  to  San  Marino.  Such  formalities 
will  be  effected  by  Community  customs  offices. 

(b)  At  the  end  of  this  period,  and  pursuant  to  Article 
26,  San  Marino  may  exercise  its  right  to  carry 
following 
formalities, 
out  customs  clearance 
agreement  of  the  Contracting  Parties. 

y 

No  C  302/14 

Official  Journal  of  the  European  Communities 

22.  11.91 

2.  Where  import duties  are payable  on  goods  pursuant 
to  paragraph  1,  these  duties  shall  be  levied  on  behalf  of 
San  Marino.  San  Marino  shall  undertake  not  to  refund 
these  sums directly or  indirectly  to the parties  concerned, 
subject  to  the  provisions  of  paragraph  4. 

3.  The  Cooperation  Committee  shall  decide  on: 

(a)  possible  changes  to  the  list  of  the  customs  offices 
competent 
in 
paragraph  1  and  the  procedure  for  forwarding  the 
said  goods  to San  Marino; 

the  goods  referred 

to  clear 

to 

(b)  the  arrangements  for  assigning  to  the  San  Marino 
Exchequer  the  amounts  collected  in  accordance  with 
paragraphe  2,  and  the  percenuge  to  be  deducted  by 
the European  Economic  Community to  cover admin 
istrative  costs  in  accordance  with  the  relevant  regu 
lations  in force  within the  Community; 

(c)  any  other  arrangements  necessary  for  the  proper 

implemenution  of  this Article. 

4.  The  taxes  and  levies  on  imports  of  agricultural 
products  may  be  used  by  San  Marino  for  aiding 
production  or  exports.  San  Marino  undertakes,  however, 
not  to  accord  higher  export  refunds  or  compensatory 
amounts  than  those  accorded  by the European  Economic 
Community  for  export  to  third  countries. 

Article  9 

Quantiutive  restrictions  on  imports  and  exports  and  all 
the 
measures 
Community  and  San Marino  shall be prohibited  from  the 
entry  into  force  of  the  Agreement. 

effect  between 

equivalent 

having 

Article  10 

imports,  export  or  goods 

The  Agreement  shall  not  preclude  prohibitions  or 
restrictions  on 
in  transit 
justified  on  grounds  of  public  morality,  public  policy  or 
public  security;  the  protection  of  health  and  life  of 
humans,  animals  or  plants;  the  protection  of  national 
treasures  possessing  artistic,  historic  or  archaeological 
value; 
industrial  or  commercial 
property;  or  controls  relating  to  gold  and  silver.  Such 
prohibitions  or  restrictions  shall  not,  however,  constitute 
a  means  of  arbitrary  discrimination  or  a  disguised 
restriction  on  trade  between  the  Contracting  Parties. 

the  protection  of 

Article  11 

The  Contracting  Parties  shall  refrain  from  any  domestic 
tax  measure  or  practice  leading  directly  or  indirectly  to 
discrimination  between  the  products  of  one  Contracting 
Party  and  similar  products  from  the  other  Contracting 
Party. 

Products  sent  to  the  territory  of  one  of  the  Contracting 
Parties  shall  not  be  eligible  for  a  refund  of  domestic 
charges  which  is  higher  than  the  charges  which  have 
been  levied  directly  or  indirectly. 

Article  12 

If  serious  disturbances  arise  in  any  sector  of  the 
1. 
economy  of  one  of 
the 
Contracting  Party  concerned  may  uke  the  necessary 
safeguard  measures  in  accordance  with  the  procedures, 
and  subject  to  the  conditions,  of  the  paragraphs  below. 

the  Contracting  Parties, 

2. 
In  the  case  referred  to  in  paragraph  1,  before 
uking  the  measures  provided  for  therein  or,  in  the  cases 
covered  by  paragraph  3,  as  soon  as  possible,  the 
the 
in  question 
Contracting  Party 
Cooperation  Committee  with  all  relevant  information 
required  for  a  deuiled  examination  of  the  situation  with 
a  view 
the 
to  seeking  a  solution  accepuble 
Contracting  Parties.  At 
the  other 
Contracting  Party,  consulutions  shall  uke  place  within 
the  Cooperation  Committee  before  the  Contracting 
Party  concerned  ukes  appropriate  measures. 

the  request  of 

shall  provide 

to 

3.  Where  exceptional  circumsunces  require  immediate 
action  making  prior 
the 
Contracting  Party  concerned  may  apply  forthwith  such 
precautionary  measures  as  are  strictly  necessary 
to 
remedy  the  situation. 

examination 

impossible, 

In  the  selection  of  measures  priority  must  be  given 
4. 
to  those  which 
least  disturb  the  functioning  of  the 
Agreement.  Such  measures  must  no  exceed  the  limits  of 
what  is  strictly  necessary  to  counteract  the  difficulties 
that  have  arisen. 

The  safeguard  measures  must  be  notified  immediately  to 
the  Cooperation  Committee,  which  shall  hold  regular 
consulutions  on  them,  particularly  with  a  view  to  their 
abolition  as  soon  as  circumsunces  permit. 

Article  13 

to  the  cooperation  provided  for 

1. 
In  addition 
in 
Article  22  (8), 
the 
the 
Contracting  Parties  responsible  for 
provisions  of  this  Agreement  shall  assist  each  other  in 
other  cases  so  as 
the 
provisions. 

the  administrative  authorities  of 
implementing 

to  ensure  compliance  with 

f 

22.  11.91 

Official  Journal  of  the  European  Communities 

No  C  302/15 

Procedures  for  the  application  of  paragraph  1 shall 

2. 
be  laid  down  by  the  Cooperation  Committee. 

—  events  of  a cultural  nature, 

TITLE II 

Cooperation 

Article  14 

shall 

The  Community  and  San  Marino 
institute 
cooperation  with  the  aim  of  strengthening  existing  links 
between  them  on  as  broad  a  basis  as  possible  for  the 
mutual  benefit  of  the  Parties,  uking  account  of  their 
respective  powers.  Cooperation  shall 
the 
priority  areas  referred  to  in  Articles  15  to  18  of  this 
Title. 

focus  on 

Article  15 

The  Contracting  Parties  undertake  to  encourage  the 
growth  and  diversification  of  the  industrial  and  services 
sectors  of  the  economy  of  San  Marino,  focusing  their 
cooperation  activities  on  small  and  medium-sized  enter 
prises. 

Article  16 

to 

The  Contracting  Parties  undertake  to  cooperate  on 
matters  relating 
environmental  protection  and 
improvement  with  the  aim  of  resolving  the  problems 
caused  by  contamination  of  water,  soil  and  air,  by 
erosion  and  by  deforesution.  They  will  pay  special 
attention  to  the  problems  of  pollution  in  the  Adriatic 
Sea. 

Article  17 

In  accordance  with  their respective  laws, the  Contracting 
Parties  shall  support  cooperation  in  the  tourism  sector 
through  operations  such  as  the  exchange  of  officials  and 
experts  on  tourism,  exchanges  of  information  and  tourist 
statistics,  and  training  in hotel  management  and  adminis 
tration.  In  this  context  the  Contracting  Parties  shall  pay 
particular  attention  to  the  promotion  of  out-of-season 
tourism  in  San  Marino. 

Article  18 

The  Contracting  Parties  agree  to  undertake  joint  oper 
ations 
information  and  cultural 
matters  to  strengthen  existing  links  between  them. 

in  communications, 

—  cultural  exchanges, 

—  academic  exchanges. 

Article  19 

The  Contracting  Parties  may  enlarge  the  scope  of  this 
Agreement  by mutual  consent  in order to supplement the 
areas  of  cooperation  through  agreements  on  specific 
sectors  or  activities. 

TITLE III 

Social  provisions 

Article  20 

to 
The  treatment  accorded  by  each  Member  Sute 
workers  of  San  Marino  nationality  employed 
in  its 
territory  shall  be  free  from  any  discrimination  based  on 
nationality  in  relation  to  its  own  nationals  as  regards 
working  conditions  or  remuneration. 

San  Marino  shall  accord  the  same  treatment  to  workers 
who  are  nationals  of  a  Member  Sute  and  employed  in 
its  territory. 

Article  21 

Subject  to  the  provisions  of  the  following  para 
1. 
graphs,  workers  of  San  Marino  nationality  and  any 
members  of  their  families  living with  them  shall  enjoy,  in 
the  field  of  social  security,  treatment  free  from  discrimi 
nation  based  on  nationality  in  relation  to  nationals  of 
Member  Sûtes  in  which  they  are  employed. 

2.  All  periods  of  insurance,  employment  or  residence 
completed  by such workers  in  the various  Member  Sûtes 
shall  be  added  together  for  the  purpose  of  pensions  and 
annuities  in respect  of  old  age,  dealth  and  invalidity,  and 
also  for  the  purpose  of  medical  care  for  the workers  and 
for  members  of  their  families  resident  in  the  Community. 

The  workers 

3. 
allowances 
resident  in  the  Community. 

for  members  of 

in  question  shall 

receive 

family 
families  who  are 

their 

Such  operations  may  take  the  following  forms: 

—  exchanges  of 

information  on  subjects  of  mutual 

interest  in  the  fields  of  culture  and  information, 

4. 
The  workers  in  question  shall  be  abie  to  transfer 
freely  to  San  Marino,  at  the  rates  applied  by virtue  of  the 
law  of  the  debtor  Member  State  or  States,  any  pensions 
or  annuities  in  respect  of  disability,  old  age,  death, 
industrial  accident  or  occupational  disease. 

^ 

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22.  11.91 

San  Marino  shall  accord  to  workers  who  are 
5. 
its 
nationals  of  a  Member  Sute  and  employed 
territory,  and  to  members  of  their  families,  treatment 
similar  to  that  specified  in  paragraphs  1,  3,  and  4. 

in 

6. 
The  Cooperation  Committee  shall  be  chaired  by 
each  of  the  Contracting  Parties  in  turn  in  accordance 
with  the  arrangements  to  be  esublished  in  its  rules  of 
procedure. 

Article  22 

force  of 

I.  Before  the  end  of  the  first  year  following  the  entry 
into 
the  Cooperation 
this  Agreement, 
Committee  shall  adopt  provisions  to  implement  the  prin 
ciples  set  out  in  Article  21. 

The  Cooperation  Committee  shall  meet  at  the 
7. 
request  of  either  of  the  Contracting  Parties,  to  be  lodged 
at  least  one  month  before  the  date  of  the  intended 
meeting.  Where  the  Committee  is  convened  pursuant  to 
Article  12,  it  shall  meet  within  eight  working  days  from 
the  date  on  which  the  date  is  lodged. 

The  Cooperation  Committee  shall  adopt  deuiled 
2. 
the 
for  administrative  cooperation  providing 
rules 
necessary  management  and  control  guarantees  for  the 
application  of  the  provisions  referred  to  in  paragraph  1. 

the  Cooperation 
3.  The  provisions  adopted  by 
Committee  shall  not  affect  the  rights  or  obligations 
arising  from  bilateral  agreements  between  San  Marino 
and  Member  Sûtes  of  the  Community  where  those 
agreements  provide  for  more  favourable  treatment  of 
nationals  of  San  Marino  or  the  Member  Sûtes. 

TITLE IV 

General  and  final  provisions 

Article  23 

for  administering 

1.  A  Cooperation  Committee  is  hereby  set  up  with 
responsibility 
the  Agreement  and 
ensuring  that  it  is  properly  implemented.  To  that  end  it 
shall  formulate  recommendations.  It  shall  uke  decisions 
in  the  cases  provided 
in  the  Agreement.  The 
for 
decisions  shall  be  executed  by  the  Contracting  Parties  in 
accordance  with  their  own  regulations. 

2.  With  a  view  to  the  proper  implemenution  of  the 
Agreement, 
the  Contracting  Parties  shall  carry  out 
exchanges  of  information  and,  at  the  request  of  either 
Party, 
the  Cooperation 
together 
Committee. 

shall  consult 

in 

8. 
In  accordance  with  the  procedure  laid  down  in 
paragraphe  1,  the  Cooperation  Committee  shall  esublish 
methods  of  administrative  cooperation  for  the  purposes 
of  applying  Articles  3  and  4,  uking  as  a  basis  the 
methods  adopted  by  the  Community  in  respect  of  trade 
between  the  Member  States. 

Article  24 

1.  Any  disputes  arising  between 
the  Contracting 
Parties  over  the  interpreution  of  the  Agreement  shall  be 
put  before  the  Cooperation  Committee. 

If  the  Cooperation  Committee  does  not  succeed  in 
2. 
settling  the  dispute  at  its  next  meeting,  each  Party  may 
notify  the  other  of  the  designation  of  an  arbitrator;  the 
other  Party  shall  then  be  required  to  designate  a  second 
arbitrator  within  two  months. 

The  Cooperation  Committee  shall  designate  a third  arbi 
trator. 

The  arbitrator's  decisions  shall  be uken  by majority  vote. 

Each  Party  in  the  dispute  shall  be  required  to  uke  the 
measures  needed  to  ensure  the  application  of  the  arbi 
trators'  decision. 

3.  The  Cooperation  Committee  shall  draw  up  its  own 
rules  of  procedure. 

In  trade  covered  by  the  Agreement: 

Article  25 

4.  The  Cooperation  Committee  shall  be  composed,  on 
the  one  hand,  of  represenutives  of  the  Commission, 
assisted  by  delegates  of  the  Member  Sûtes  and,  on  the 
other,  of  representatives  of  San  Marino. 

—  the  arrangements  applied  by San Marino  in respect of 
Community  may  not  give  rise  to  any  discrimination 
between  the  Member  Sûtes,  their  nationals,  or  their 
companies, 

5.  The  Cooperation  Committee  shall  uke  decisions  by 
common  accord. 

—  the  arrangements  applied  by  the  Community 

in 
respect  of  San  Marino  may  give  rise  to  any  discrimi 
nation  between  San  Marino  nationals  or companies. 

A* 

22.  11.91 

Official  Journal  of  the  European  Communities 

No  C  302/17 

Article  26 

This  Agreement  is  concluded  for  an  unlimited  duration. 
Within  no  more  than  five  years  of  its  entry  into  force, 
the  two  Parties  shall  begin  consulutions  to  examine  the 
results  of  its  application  and,  if  necessary,  open  nego 
tiations  on  its  amendment  in  the  light  of  that  exam 
ination. 

Article  27 

Economic  Community 
the 
conditions  laid  down  in that Treaty  and,  on  the  other,  to 
the  territory  of  San  Marino. 

is  applied  and  under 

Article  30 

1.  This  Agreement  shall  enter  into  force  on  1  July 
1992,  on  condition  that  the  Contracting  Parties  have 
notified  each  other  before  that date  of  the  completion  of 
the  procedures  necessary  to  that  effect. 

Either  Contracting  Party  may  denounce  this  Agreement 
by  notifying  the  other  Contracting  Party  in  writing.  In 
that  case,  the  Agreement  shall  cease  to  have  effect  six 
months  after  the  date  of  such  notification. 

2.  After  the  date  provided  for  in  paragraph  1,  the 
Agreement  shall  enter  into  force  on  the  first  day  of  the 
half-year  following  notification. 

Article  28 

Article  31 

This  Agreement  replaces  provisions  of  agreements 
concluded  between  Member  Sûtes  of  the  Community 
and  San  Marino  that  conflict  with  it,  or  which  are 
identical. 

The  Annex  to  this  Agreement  shall  form  an  integral  part 
thereof. 

Article  32 

Article  29 

The  Agreement  shall  apply,  on  the  one  hand,  to  the 
territories  in  which  the  Treaty  establishing  the  European 

This  Agreement  is  drawn  up  in  two  originals  in  the 
Danish,  Dutch,  English,  French,  German,  Greek,  Italian, 
Portuguese  and  Spanish 
languages,  each  text  being 
equally  authentic. 

ANNEX 

Lkt  of  ciMtami offices  referred to m Ankle  8  (1)  (a) 

IIVORNO 

RAVENNA 

RIMINI 

TRUSTE 

Dedfcraeien  by  the  Community 

Where  die  seate  of  trade  flew»  so  warrants,  the  Community  is prepared  to  negotiate  on  behalf 
of  and  for  die  Republic el  San Marino with  countries  with  which  it has  concluded  preferential 
agreements  for  an  appropriate  form  of  récognition  of  equivalent  treatment  for  products  orig-
HMoag  m  San  Marino  and  products  origtnabag  in  die  Community; 

/l/J 

No  C 302/18 

Official  Journal  of  the  European  Communities 

22.  11. 91 

Declaration  by  the  Community  on  transport 

At  an  appropriate  moment  and  in  the  light,  notably,  of  progress  made  in  drawing  up  a 
Community  transport policy,  the  Community  will  look  into  the  issue  of  San  Marino's  access  to 
the  market  for  international  transport  of  passengers  and  goods  by  road. 

. Declaration  by  the  Community  on  the  Erasmus  programme 

The  Community  ukes  note  of  San  Marino's  wish  to  participate,  when  the  time  is  ripe,  in  the 
Erasmus  programme  for  exchanges  of  students  and  teachers. 

Declaration  by  the  Community  on  certain  subjects  which  may  be  raised  in  the  Cooperation 
Committee 

The  Community  is ready to  examine within  the  framework  of  the  Cooperation  Committee  any 
problems  that  may  arise  between  San  Marino  and  the  Community  in  the  fields  of: 

—  trade  in services, 

—  intellectual,  industrial  and commercial  property rights, 

—  recognition  of  qualifications, 

—  assessment  of  products' conformity  with technical  regulations. 

Declaration  by  the  Member  States  concerning  the  Minutes  of  the  negotiations 

Each  Member  Sute  will  look  favourably  on  requests  made  by  San  Marino  concerning  auth 
orizations  for  the  transport  of  passengers  or  freight  by  road. 

Joint  Declaration 

In  the  event  that  the  deadline  of  1 July  1992  specified  in  Article  30  (1)  is  not  met,  the  dates 
stipulated  in  Article  6  (2)  will  be  adjusted  in  accordance  with  Article  30  (2). 

^ 

ANNEX 2 

PROTOCOL 
to the Agreement on customs union and cooperation 
between the European Economic Community and the Republic of San Marino 
consequent on the accession to the European Union of the Republic of Austria, the 
Republic of Finland and the Kingdom of Sweden 

'3 

HIS MAJESTY THE KING OF THE BELGIANS, 

HER MAJESTY THE QUEEN OF DENMARK, 

THE PRESIDENT OF THE FEDERAL  REPUBLIC OF GERMANY, 

THE PRESIDENT OF THE HELLENIC REPUBLIC, 

HIS MAJESTY THE KING OF SPAIN, 

THE PRESIDENT OF THE FRENCH REPUBLIC, 

THE PRESIDENT OF IRELAND, 

THE PRESIDENT OF THE ITALIAN REPUBLIC, 

HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG, 

HER MAJESTY THE QUEEN OF THE NETHERLANDS, 

THE FEDERAL PRESIDENT OF THE REPUBLIC OF AUSTRIA, 

THE PRESIDENT OF THE PORTUGUESE REPUBLIC, 

THE PRESIDENT OF THE REPUBLIC OF FINLAND, 

HIS MAJESTY THE KING OF SWEDEN, 

HER  MAJESTY  THE  QUEEN  OF  THE  UNITED  KINGDOM  OF  GREAT 
BRITAIN AND NORTHERN  IRELAND, 

Contracting Parties to the Treaty establishing the European Community, and 

THE COUNCIL OF THE EUROPEAN UNION, 

of the one part, and 

THE GOVERNMENT  OF THE REPUBLIC OF SAN MARINO, 

of the other part, 

Having  regard  to  the  Agreement  on  customs  union  and  cooperation  between  the 
European Economic Community and the Republic of San Marino signed in Brussels 
on  16 December  1991, hereinafter  referred  to as "the Agreement", 

Whereas  the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of 
Sweden joined the European Union on  1  January 1995, 

HAVE AGREED AS FOLLOWS: 

Article  1 

The  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden 
hereby become Contracting Parties to the Agreement. 

11 

Article 2 

The  Finnish  and  Swedish  texts  of  the  Agreement  shall  be  authentic  in  the  same 
manner as the original texts. 

Article 3 

This Protocol  shall be approved by the Contracting  Parties in accordance with their 
own  procedures.  It  shall  enter  into  force  on  the  first  day  of  the  month  following 
notification  by the Contracting Parties that they have completed those procedures. 

Article 4 

This  Protocol  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish, 
French,  German,  Greek,  Italian,  Portuguese,  Spanish  and  Swedish  languages,  each 
text being equally authentic. 

\S 

ISSN 0254-1475 

COM(97)  8 final 

DOCUMENTS 

EN 

11  02  01 

Catalogue number  :  CB-CO-97-006-EN-C 

ISBN 92-78-14976-4 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg