Proposal for a Council Decision concerning the provisional application of the trade and trade related provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States on the one part, and the Arab Republic of Egypt on the other part
Date: 2003-11-27
Institutions: European Commission
Subjects: Egypt, association agreement (EU), trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.11.2003
COM(2003) 733 final

2003/0286 (ACC)

Proposal for a

COUNCIL DECISION

concerning the provisional application of the trade and trade related provisions of the
Euro-Mediterranean Agreement establishing an Association between the European
Communities and their Member States on the one part, and the Arab Republic of Egypt
on the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Euro-Mediterranean  Agreement  establishing  an  Association  between  the  European
Communities and their Member States on the one part, and the Arab Republic of Egypt on the
other part (the “Association Agreement”) was signed on 25 June 2001. On 7 April 2003, the
Egyptian  People’s  Assembly  ratified  the  Association  Agreement.  The  European  Parliament
gave  its  assent  on  29  November  2001  and  Member  States  are  currently  in  the  process  of
ratification of the Association Agreement.

The  Community  and  Egypt  have  undertaken  to  adopt  procedures  for  the  provisional
application of  the trade  and  trade  related  provisions  of  the  Association  Agreement,  pending
completion of the procedures required for its entry into force. The provisional application of
the trade and trade related provisions of the Association Agreement will take place through an
Agreement in the form of an exchange of letters.

The trade  and trade  related  provisions  provisionally  applied will accordingly replace,  where
appropriate,  the  provisions  of  the  Co-operation  Agreement  signed  between  the  European
Economic  Community  and  the  Arab  Republic  of  Egypt  on  18  January  1977  and  the
Agreement between the Member States of the European Coal and Steel Community and the
Arab Republic of Egypt signed in Brussels on 18 January 1977.

The purpose of this proposal is to ask the Council to approve the Agreement in the form of an
exchange of letters for the provisional application of the trade and trade related provisions of
the Euro-Mediterranean Association Agreement between the EU and Egypt.

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2003/0286 (ACC)

Proposal for a

COUNCIL DECISION

concerning the provisional application of the trade and trade related provisions of the
Euro-Mediterranean Agreement establishing an Association between the European
Communities and their Member States on the one part, and the Arab Republic of Egypt
on the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
133 thereof, in conjunction with Article 300 (2), first sentence,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Pending  the  entry  into  force  of  the  Euro-Mediterranean  Agreement  establishing  an
Association between the European Communities and their Member States on the one
part, and the Arab Republic of Egypt on  the other part, signed  on  25 June  2001,  the
Community  and  Egypt  have  undertaken  to  adopt  procedures  for  the  provisional
application of its trade and trade related provisions,

The trade  and  trade  related  provisions provisionally  applied will  replace the  relevant
provisions  of  the  Co-operation  Agreement  signed  between  the  European  Economic
Community and the Arab Republic of Egypt on 18 January 19771 and the Agreement
between the Member States of the European Coal and Steel Community and the Arab
Republic of Egypt signed in Brussels on 18 January 19772,

The measures necessary for the implementation of this Decision should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission3,

(4)

The Agreement in the form of an exchange of letters should therefore be approved,

1

2

3

OJ L 266, 27.9.1978, p.2.
OJ L 316, 12.12.1979, p.2.
OJ L 184, 17.7.1999, p.23.

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HAS DECIDED AS FOLLOWS:

Article 1

The  Agreement  in  the  form  of  an  exchange  of  letters  which  provides  for  the  provisional
application  of  the  trade  and  trade  related  provisions  of  the  Euro-Mediterranean  Agreement
establishing an Association between the European Communities and their Member States on
the one part, and the Arab Republic of Egypt on the other part, is hereby approved on behalf
of the Community.

The text of the Agreement in the form of an exchange of letters is attached to this Decision.

Article 2

The  Commission  shall  adopt  the  necessary  implementation  measures  for  the  Agreement,
including  Declarations,  Annexes,  Protocols  and  exchange  of  letters,  in  accordance  with  the
procedure laid down in Article 3.

Article 3

1.

The  Commission  shall  be  assisted  by  a  Committee  on  horizontal  questions
concerning  trade  in  processed  agricultural  products  not  listed  in  Annex  I  to  the
Treaty,  established  by  Article  16  of  Council  Regulation  (EC)  No  3448/1993  of
6 December  1993  laying  down  the  trade  arrangements  applicable  to  certain  goods
resulting  from  the  processing  of  agricultural  products4,  by  the  Management
Committee  for  Sugar  established  by  Article  42  of  Council  Regulation  (EC)  No
1260/2001  of  19  June  2001  on  the  common  organisation  of  the  market  in  sugar5,
modified by Commission Regulation (EC) No 680/2002 of 19 April 20026 or, where
appropriate, by the committees established by the corresponding provisions of other
regulations  on  the  common  organisation  of  markets  or  by  the  Customs  Code
Committee  established  by  Article  248a  of  Regulation  (EEC)  No  2913/92  of
12 October 1992 establishing the Community Customs Code7.

2.

Where reference is made to this paragraph, Article 4 and 7 of Decision 1999/468/EC
shall apply.

The  period  laid  down  in  Article  4(3)  of  Decision  1999/468/EC  shall  be  set  at  one
month.

3.

The Committee shall adopt its rules of procedure.

4

5

6

7

OJ L 318, 20.12.1993, p.18.
OJ L 178, 30.6.2001, p. 1.
OJ L 104, 20.4.2002, p. 26.
OJ L 302, 19.10.1992, p. 1, Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311,
12.12.2000 p. 17).

4

                                                
The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to
sign this Agreement so as to bind the Community during the period of provisional application.

Article 4

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels,

For the Council
The President

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ANNEX

Agreement in the form of an exchange of letters concerning the provisional application of the
trade  and  trade  related  provisions  of  the  Euro-Mediterranean  Agreement  establishing  an
Association between the European Communities and their Member States on the one part, and
the Arab Republic of Egypt on the other part

A. Letter from the European Community

[Brussels …. 2003]

Sir,

I have the honour to refer to the Euro-Mediterranean Agreement establishing an Association
between the European Communities and their Member States  on the  one part,  and  the  Arab
Republic of Egypt on the other part, signed in Luxembourg on 25 June 2001 (the “Association
Agreement”).

Pending the entry into force of the above-mentioned Agreement, I have the honour to propose
to you that the European Community and the Arab Republic of Egypt apply provisionally as
from 1 January 2004, Articles 2, 6 to 28, 31, 33 to 37, 55, 82 to 84, 86 to 87, 90 and 91, the
relevant Declarations8, Annexes 1 to 6, Protocols 1 to 5 to the Agreement and the exchange of
letters  concerning  fresh  cut  flowers  and  flowers  and  flower  buds  falling  within  subheading
0603 10 of the Common Customs Tariff.

The  Co-operation  Council  set  up  under  the  Co-operation  Agreement  between  the  European
Economic  Community  and  the  Arab  Republic  of  Egypt  signed  on  18  January  1977  shall
perform  mutatis  mutandis  its  duties  until  the  Association  Council  and  the  Association
Committee  provided  for  in  Title  VIII  of  the  Association  Agreement  are  created.  It  shall
establish  its  rules  of  procedures  and  may  create  if  appropriate,  any  Committees  and  sub-
Committees to which it may delegate in full or in part, any of its powers.

During  the  provisional  application  of  the  above-mentioned  Articles,  and  where  appropriate,
reference to the “Association Council” and to “the Association Committee” shall be construed
as reference to the Co-operation Council and the Committees established by it.

As  regards  provisions  covered  by  this  Agreement  and  the  subsequent  application  of  the
Association  Agreement,  it  is  agreed  that  the  date  of  entry  into  force  of  the  Association
Agreement shall be the date of entry into force of this Agreement.

For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata
of  the  basic  volumes,  taking  into  account  the  part  of  the  period  elapsed  before  the  date  of
entry  into  force  of  this  Agreement.  As  regards  certain  products  listed  in  Protocol  1  to  the
Agreement, the following arrangements will apply: for products falling under CN code 0703
20 00, 0709 90 39, 0709 90 60, 0711 20 90, 0712 9019, 0714 20 90, 1006, 1212 91, 1212 99
20,  1703,  2302,  the  concession  granted  should  also  apply  to  specific  duties.  These

8

Joint Declarations on Articles 14, 18, 34, 37 and Annex 6, and the Joint Declaration on the protection of
data; Declarations by the European Community on Articles 11, 19, 21, 34.

6

                                                
arrangements  will  remain  in  application  upon  the  entry  into  force  of  the  Association
Agreement.

The provisions provisionally applied shall replace Articles 8 to 36, 43 to 46, 48 to 51 of the
Co-operation Agreement between the European Economic Community and the Arab Republic
of  Egypt  signed  on  18  January  1977,  including  Annexes  A,  B,  C,  D,  Protocol  n°2,  and  the
relevant joint declarations, declarations and exchanges of letters; and the Agreement between
the  Member  States  of  the  European  Coal  and  Steel  Community  and  the  Arab  Republic  of
Egypt signed in Brussels on 18 January 1977.

If  the  above  is  acceptable,  this  letter  and  your  letter  confirming  its  approval  shall  together
constitute an Agreement between the European Community and the Arab Republic of Egypt.

Please accept, Sir, the assurance of our highest consideration,

On behalf of the European Community

B. Letter from Egypt

[Brussels, … 2003]

Sir,

I have the honour to acknowledge receipt of your letter of today, which reads as follows:

[EC letter]

I am able to confirm that the Arab Republic of Egypt is in agreement with the content of your
letter.

Please accept, Sir, the assurance of my highest consideration,

On behalf of the Arab Republic of Egypt

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