2011/824/EU: Council Decision of 20 October 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
Date: 2011-10-20
Institutions: Council of the European Union
Subjects: Palestine, Palestine Liberation Organisation, agricultural product, association agreement (EU), fish, fishery product, liberalisation of trade, ratification of an agreement, trade agreement (EU), trade cooperation




L_2011328EN.01000201.xml










10.12.2011   


EN


Official Journal of the European Union


L 328/2








            COUNCIL DECISION
         
of 20 October 2011
         
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
(2011/824/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a), thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament (1),

Whereas:







(1)


The relationship between the Union and the Palestinian Authority of the West Bank and the Gaza Strip (‘the Palestinian Authority’) builds on the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (2) (‘Interim Agreement’), which was signed in February 1997 and whose trade provisions entered into force on 1 July 1997. Its main objective is to promote trade and investment and harmonious economic relations between the Parties thereby fostering their sustainable economic development.












(2)


The Interim Agreement provides for duty-free access to the Union markets for Palestinian industrial goods, and a phasing-out of duties on the Union exports to the occupied Palestinian territory over 5 years. The possibility of granting the Palestinian Authority additional trade preferences is envisaged in the Interim Agreement. Article 12 of the Interim Agreement provides that the Community and the Palestinian Authority shall progressively establish a greater liberalisation of their trade in agricultural and fishery products of interest to both Parties. Article 14(2) of the Interim Agreement provides that the Community and the Palestinian Authority shall examine, in the Joint Committee, the possibility of granting each other further concessions.












(3)


The European Neighbourhood Policy Action Plan (‘ENP Action Plan’) for the Palestinian Authority, which was approved in May 2005 and subsequently extended, also contains provisions concerning the gradual liberalisation of trade in agriculture and fishery products.












(4)



The Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005 provides that a high degree of trade liberalisation for agricultural products, processed agricultural products and fish and fishery products is desirable; the objective is full liberalisation of such trade by 2010, possibly excluding a very limited number of sensitive products.












(5)


At the last Trade Euro-Mediterranean Ministerial meeting in December 2009, Ministers of Trade of the Euro-Mediterranean region committed themselves to facilitate the trade of Palestinian products, as stated in the document The Euromed Trade Roadmap beyond 2010. In addition, a comprehensive package of measures to facilitate trade of Palestinian products with other Euro-Mediterranean partners on a bilateral and regional basis has been agreed by Ministers of Trade in 2010.












(6)


Negotiations with the Palestinian Authority concerning greater liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products were successfully concluded by signing the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), in accordance with Council Decision 2011/248/EU (3).












(7)


The occupied Palestinian territory governed by the Palestinian Authority is a state in the making. It is therefore not listed under any United Nations classification and therefore cannot benefit from the Union’s Generalised System of Preferences (4).












(8)


The Palestinian Authority is the smallest trading partner for the Union in the Euro-Mediterranean region and almost worldwide, with total trade amounting to EUR 56,6 million in 2009 where the vast majority of it is accounted for by EU exports (EUR 50,5 million). Union imports from the Palestinian Authority amount to just EUR 6,1 million in 2009 and consist mainly of agricultural products and processed agricultural products (approximately 70,1 % of total Union imports). In 2009, the Union exported EUR 1,7 million of agricultural goods, EUR 3,3 million of processed agricultural products and EUR 0,1 million of fish and fishery products. Further market opening is expected to support the development of the economy of the West Bank and the Gaza Strip through increased export performance while not creating negative effects for the Union. It is therefore appropriate to grant additional trade preferences to the Palestinian Authority by improving access to the Union market for agricultural products.












(9)


In accordance with the ENP Action Plan, the level of ambition of the Union-Palestinian Authority relationship will depend on the degree of the Palestinian Authority’s commitment to common values as well as its capacity to implement jointly agreed priorities. The Union is planning to complement the granting of additional trade preferences with a package of trade related technical assistance which will further help the Palestinian Authority to prepare for a future Palestinian State.












(10)


In addition, entitlement to benefit from the additional trade preferences granted by the Union is conditional upon the Palestinian Authority’s compliance with the relevant rules of origin and the procedures related thereto as well as the provision of effective administrative cooperation and assistance to the European Union. Any serious and systematic violations of these conditions, or other findings of fraud or irregularity, may lead to the adoption of measures by the Union following the relevant procedures in Article 23 bis of the Interim Agreement.












(11)


For the purposes of defining the concept of originating products, certification of origin and administrative cooperation procedures, Protocol 3 to the Interim Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation applies.












(12)


If the imports of agricultural products, processed agricultural products and fish and fishery products originating in the territory of the Palestinian Authority significantly increase and thereby cause serious distortion to the Union internal market, the Union should be able to adopt, if appropriate, safeguard measures in accordance with this Decision.












(13)


The import arrangements adopted by the Agreement should be renewed on the basis of the conditions established by the Council and in the light of the experience gained in granting them. It is therefore appropriate to limit their duration to 10 years. However, taking into account the economic situation of the West Bank and Gaza Strip, the Parties should prolong the application of duty-free quota-free treatment should they consider that the Palestinian economy needs an additional transitional period in order to be ready to enter into negotiations leading to further reciprocal concessions.












(14)


The Union and the Palestinian Authority should meet 5 years from the date of entry into force of the Agreement to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products, fish and fishery products in accordance with the objective laid down in Article 12 of the Interim Agreement. If this will be considered as not appropriate due to the limited future economic developments of the occupied Palestinian territory, such discussions should take place at later stage.












(15)


The Agreement should be concluded,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.


Article 2
Where the Union needs to take a safeguard measure concerning agricultural products and fish and fishery products, as provided for in the Article 23 of the Interim Association Agreement, that measure shall be adopted in accordance with the procedures provided for in Article 159(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (5), or by Article 30 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (6). For processed agricultural products, such safeguard measures shall be adopted in accordance with the procedures provided for, as appropriate, in Article 7(2) of Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (7), or in Article 11(4) of Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (8).


Article 3
The President of the Council shall designate the person empowered to proceed, on behalf of the Union, with the deposit of the instrument of approval provided in the Agreement, in order to express the consent of the Union to be bound by it (9).


Article 4
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 20 October 2011.


For the Council


The President

M. SAWICKI
            





(1)  Consent of 5 September 2011 (not yet published in the Official Journal).

(2)  
            OJ L 187, 16.7.1997, p. 3.

(3)  
            OJ L 104, 20.4.2011, p. 2.

(4)  
            OJ L 169, 30.6.2005, p. 1.

(5)  
            OJ L 299, 16.11.2007, p. 1.

(6)  
            OJ L 17, 21.1.2000, p. 22.

(7)  
            OJ L 181, 14.7.2009, p. 8.

(8)  
            OJ L 328, 15.12.2009, p. 10.

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






            AGREEMENT
         
in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other

A.   Letter from the European Union

Sir,
I have the honour of referring to the negotiations which took place in accordance with the spirit of the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap), adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005, for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products, and under Articles 7, 12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to as ‘Palestinian Authority’), of the other part (hereinafter referred to as the ‘Interim Association Agreement’), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.






A.


The Parties have agreed on the following temporary amendment to the Interim Association Agreement:






1.


Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an Exchange of Letters, subject to the provisions of point C thereof.














B.


The Parties have also agreed on the following permanent amendments to the Interim Association Agreement:






1.


Article 4 shall be replaced by the following:
‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00  and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex 1702 30 50  and ex 1702 30 90 .’.










2.


The title of Chapter 2 shall be replaced by the following:

                                                ‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS’.










3.


Article 11 shall be replaced by the following:
‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00  and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50  and ex 1702 30 90 , for which duty free market access was already granted within Chapter 1.’.










4.


Article 12 shall be replaced by the following:
‘The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.’.










5.


Article 13 shall be replaced by the following:

‘1.   Agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union shall be subject to the arrangements set out in that Protocol.


2.   Agricultural products, processed agricultural products and fish and fishery products originating in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip shall be subject to the arrangements set out in that Protocol.’.











6.


Article 23bis shall be added:
‘Temporary Withdrawal of Preferences

1.   The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Agreement and underline their commitment to combat irregularities and fraud in customs and related matters.


2.   Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.


3.   For the purpose of this Article a failure to provide administrative cooperation/assistance shall mean, inter alia:






(a)


a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;










(b)


a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;










(c)


a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.






4.   For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.


5.   The application of a temporary suspension shall be subject to the following conditions:






(a)


The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.










(b)


Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.










(c)


Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.




Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).’.











7.


Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement in the form of an Exchange of Letters.










8.


A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Interim Association Agreement.














C.


The Parties have agreed on the following additional provisions:






1.








(a)


The temporary amendments provided for under point A shall apply for a period of 10 years from the entry into force of this Agreement in the form of an Exchange of Letters. However, depending on the future economic development of the West Bank and Gaza Strip, a possible extension for an additional period of those amendments could be considered by the Joint Committee. Such a decision shall be taken by the Joint Committee at the latest 1 year before the expiration of the 10 years period as provided by this Agreement in the form of an Exchange of Letters.










(b)


The European Union and the Palestinian Authority shall meet 5 years from the date of entry into force of this Agreement in the form of an Exchange of Letters, to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products and fish and fishery products with the objective laid down in Article 12 of the Interim Association Agreement.










(c)


The starting point for future reciprocal negotiations will be the consolidated concessions of the Interim Association Agreement, which are listed in Annexes II and IV of this Agreement in the form of an Exchange of Letters.










(d)


It is understood that the trade conditions to be granted by the European Union as a result of these future negotiations may be less favourable than those granted under the this Agreement in the form of an Exchange of Letters.














2.


Article 7(1) of the Interim Association Agreement shall not apply pending the application of the temporary amendments provided for under point A of this Agreement in the form of an Exchange of Letters.








This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third month following the date of the deposit of the last instrument of approval.
I have the honour to confirm that the European Union is in agreement with the content of this letter.
I would be grateful if you could confirm the agreement of your Government to the above.
Please accept, Sir, the assurance of my highest consideration.
Съставено в Брюксел на
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Done at Brussels,
Fait à Bruxelles, le
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magħmul fi Brussell,
Gedaan te Brussel,
Sporządzono w Brukseli dnia
Feito em Bruxelas,
Întocmit la Bruxelles,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den






За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Гια την Ευρωπαϊκή Ένωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen











ANNEX I



PROTOCOL 1
concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip








1.


Customs duties and charges having equivalent effect (including their agricultural component), which are applicable on the import into the European Union of products originating in the West Bank and the Gaza Strip and listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00  and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50  and ex 1702 30 90  covered by Chapter 1, shall be temporarily eliminated in accordance with the provisions of point C.1(a) of the Agreement in the form of Exchange of Letters between the European Union and the Palestinian Authority providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending this Agreement, signed in 2011.










2.


Notwithstanding the conditions under point 1 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 (1), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.











ANNEX II



PROTOCOL 2
on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union








1.


The products listed in the Annexes originating in the European Union shall be admitted for importation into the West Bank and the Gaza Strip according to the conditions contained herein and in the Annexes.










2.


Import duties on imports are either eliminated or reduced to the level indicated in column ‘a’, within the limit of the annual tariff quota listed in column ‘b’, and subject to the specific provisions indicated in column ‘c’.










3.


For the quantities imported in excess of the tariff quotas, the general customs duties applied to third countries shall apply, subject to the specific provisions indicated in column ‘c’.










4.


For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.









ANNEX 1 TO PROTOCOL 2









CN Code


Description


Duty (%)


Tariff quota
(t, unless otherwise indicated)


Specific provisions




 


 


a


b


c




0102 90 71 


Live bovine animals, of a weight exceeding 300 kg, for slaughter, ther than heifers and cows


0 


300 


 




0202 30 90 


Meat of bovine animals, boneless excluding fore-quarters, ‘compensated’ quarters, crop, chuck and blade and brisket cuts, frozen


0 


200 


 




0206 22 00 


Edible livers of bovine animals frozen


0 


100 


 




0406 


Cheese and curd


0 


200 


 




0407 00 19 


Poultry eggs for hatching, other than those of turkeys or geese


0 


120 000  pieces


 




1101 00 15 


Flour of common wheat and spelt


0 


13 000 


 




2309 90 99 


Other preparations of a kind used in animal feeding


2 


100 


 








ANNEX 2 TO PROTOCOL 2

PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT







CN code


Description




1902 


Pasta and couscous:




A








—


of durum wheat,








B








—


other,








1905 10 


Crisp bread




1905 20 90 


Gingerbread and the like, not especially for diabetics:




A








—


containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,








B








—


other,








ex 1905 32  A


Waffles and wafers




Al








—


not filled, whether or not coated,








Ala








—


containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,








Alb








—


other,








A2








—


other,








A2a








—


containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins,








A2b








—


other,








1905 40 10 


Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:




A








—


containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,








B








—


other,








1905 
ex 31) B + ex 90)


Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:




Bl








—


containing added eggs, not less than 2,5 % by weight,








B2








—


containing added dried fruits or nuts:








B2a








—


containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V,








B2b








—


other,








ВЗ








—


containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts,














ANNEX III



COMMON DECLARATION
COOPERATION ON SANITARY AND PHYTOSANITARY OR TECHNICAL BARRIERS TO TRADE ISSUES

The Parties shall solve any problems, in particular sanitary, phytosanitary or technical barriers to trade, hindering the implementation of this Agreement, by means of existing administrative arrangements. The results shall then be reported to the relevant Sub-committees and to the Joint Committee. The Parties commit to examine and solve such cases with the shortest possible delay in a friendly manner, in line with their respective applicable laws and with WTO, OIE, IPPC and Codex Alimentarius standards.






ANNEX IV

A:   CONSOLIDATED LIST OF CONCESSIONS APPLIED TO IMPORTS INTO THE EUROPEAN UNION OF AGRICULTURAL PRODUCTS AND FISHERY PRODUCTS ORIGINATING IN THE WEST BANK AND THE GAZA STRIP BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS









1.


The products listed in the Annex, originating in the West Bank and the Gaza Strip shall be admitted for importation into the European Union, according to the conditions contained hereafter and in the Annex.






(a)


Customs duties are eliminated or reduced as indicated in column ‘a’.










(b)


For certain products, for which the Common Customs Tariff provides the application of an ad valorem duty and a specific duty, the rates of reduction, indicated in columns ‘a’ and ‘c’, only apply to the ad valorem duty. However, for the product corresponding to the subheading 1509 10 , the duty reduction applies to the specific duty.










(c)


For certain products, customs duties are eliminated within the limit of the tariff quotas listed in column ‘b’ for each of them; the tariff quotas shall apply on an annual basis from 1 January to 31 December, unless otherwise specified.










(d)


For the quantities imported in excess of the quotas, the common customs duties are, according to the product concerned, applied in full or reduced, as indicated in column ‘c’.
















2.


For certain products, the exemption of customs duties is granted in the framework of reference quantities as indicated in column ‘d’.
Should the volume of imports of one of these products exceed the reference quantity, the European Union, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a tariff quota of the Union, the volume of which shall be equal to the reference quantity. In that case, for quantities imported in excess of the quota, the common customs duty is, according to the product concerned, applied in full or reduced as indicated in column ‘c’.












3.


For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.












4.


For some products listed in the Annex, the volume of the tariff quota is increased twice, on the basis of the volume indicated in column ‘e’. The first increase takes place on the date when each tariff quota is opened for the second time.















CN Code (2)



Description (3)



Reduction of the MFN customs duty
(%) (4)



Tariff quota
(t, unless otherwise indicated)


Reduction of the MFN customs duty beyond current or possible tariff quota
(%) (4)



Reference quantity
(t, unless otherwise indicated)


Specific provisions




a


b


c


d


e




0409 00 00 


Natural honey


100 


500 


0 


 


point 4 — yearly increase of 250 t




0603 11 00 
0603 12 00 
0603 13 00 
0603 14 00 
0603 19 10 
0603 19 90 


Cut flowers and flower buds, fresh, of a kind suitable for bouquets or for ornamental purposes


100 


2 000 


0 


 


point 4 — yearly increase of 250 t




0702 00 00 


Tomatoes, fresh or chilled, from 1 December to 31 March


100 


 


60 


2 000 


 




0703 10 11 
0703 10 19 


Onions, fresh or chilled, from 15 February to 15 May


100 


 


60 


 


 




0709 30 00 


Aubergines (eggplants), fresh or chilled, from 15 January to 30 April


100 


 


60 


3 000 


 




ex 0709 60 


Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:


 


 


 


 


 




0709 60 10 


Sweet peppers


100 


 


40 


1 000 


 




0709 60 99 


Other


100 


 


80 


 


 




0709 90 70 


Courgettes, fresh or chilled, from 1 December to end of February


100 


 


60 


300 


 




ex 0709 90 90 


Wild onions of the species Muscari comosum, fresh or chilled, from 15 February to 15 May


100 


 


60 


 


 




0710 80 59 


Fruits of the genus Capsicum or Pimenta, other than sweet peppers, uncooked or cooked by steaming or boiling in water, frozen


100 


 


80 


 


 




0711 90 10 


Fruits of the genus Capsicum or Pimenta, other than sweet peppers, provisionally preserved but unsuitable in that state for immediate consumption


100 


 


80 


 


 




0712 31 00 
0712 32 00 
0712 33 00 
0712 39 00 


Mushrooms, wood ears (Auri-cularia spp.), jelly fungi (Tremella spp.) and truffles, dried


100 


500 


0 


 


 




ex 0805 10 


Oranges, fresh


100 


 


60 


25 000 


 




ex 0805 20 


Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh


100 


 


60 


500 


 




0805 40 00 


Grapefruit


100 


 


80 


 


 




ex 0805 50 10 


Lemons (Citrus limon, Citrus limonum), fresh


100 


 


40 


800 


 




0806 10 10 


Fresh table grapes, from 1 February to 14 July


100 


1 000 


0 


 


point 4 — yearly increase of 500 t




0807 19 00 


Melons (excluding water melons), fresh, from 1 November to 31 May


100 


 


50 


10 000 


 




0810 10 00 


Fresh strawberries, from 1 November to 31 March


100 


2 000 


0 


 


point 4 — yearly increase of 500 t




0812 90 20 


Oranges, provisionally preserved, but unsuitable in that state for immediate consumption


100 


 


80 


 


 




0904 20 30 


Fruits of the genus Capscium or of the genus Pimenta, other than sweet peppers, dried, neither crushed or ground


100 


 


80 


 


 




1509 10 


Virgin olive oil


100 


2 000 


0 


 


point 4 — yearly increase of 500 t




2001 90 20 


Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid


100 


 


80 


 


 




2005 99 10 


Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen


100 


 


80 


 


 





B:   CONSOLIDATED LIST OF CONCESSIONS APPLYING TO IMPORTS INTO THE EUROPEAN UNION OF PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE WEST BANK AND THE GAZA STRIP REFERRED TO IN ARTICLE 7(1) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS







CN code


Description




0403 


Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:




0403 10 51  to 0403 10 99 


Yoghurt, flavoured or containing added fruit, nuts or cocoa




0403 90 71  to 0403 90 99 


Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa




0710 40 00 


Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen




0711 90 30 


Sweetcorn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption




ex 1517 


Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of No 1516 :




1517 10 10 


Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats




1517 90 10 


Other, containing more than 10 % but not more than 15 % by weight of milk fats




ex 1704 


Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10 




1806 


Chocolate and other food preparations containing cocoa




ex 1901 


Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401  to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, excluding preparations falling within CN code 1901 90 91 




ex 1902 


Pasta, excluding stuffed pasta falling within CN codes 1902 20 10  and 1902 20 30 ; couscous, whether or not prepared




1903 


Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms




1904 


Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included




1905 


Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products




2001 90 30 


Sweetcorn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid




2001 90 40 


Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid




2004 10 91 


Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen




2004 90 10 


Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen




2005 20 10 


Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen




2005 80 00 


Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen




1904 20 10 


Preparation of the Müsli type based on unroasted cereal flakes




2008 99 85 


Maize (corn), other than sweetcorn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar




2008 99 91 


Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar




2101 12 98 


Preparations with a basis of coffee




2101 20 98 


Preparations with a basis of tea or mate




2101 30 19 


Roasted coffee substitutes excluding roasted chicory




2101 30 99 


Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory




2102 10 31 
2102 10 39 


Bakers’ yeasts




ex 2103 90 90 


Sauces and preparations therefor:






—


Mayonnaise








2105 00 


Ice cream and other edible ice, whether or not containing cocoa




ex 2106 


Food preparations not elsewhere specified or included other than those falling within CN codes 2106 10 20  and 2106 90 92  and other than flavoured or coloured sugar syrups of CN codes 2106 90 30  to 2106 90 59 




2202 90 91 
2202 90 95 
2202 90 99 


Non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 , containing products of headings 0401  to 0404  or fat obtained from products of headings 0401  to 0404 




2905 43 00 


Mannitol




2905 44 


D-Glucitol (sorbitol)




ex 3505 10 


Dextrins and other modified starches, excluding esterified and etherified starches of CN code 3505 10 50 




3505 20 


Glues based on starches or on dextrins or other modified starches




3809 10 


Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances




3824 60 


Sorbitol other than that of subheading 2905 44 






B.   Letter from the Palestinian Authority

Sir/Madam,
I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

                  ‘I have the honour of referring to the negotiations which took place in accordance with the spirit of the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap), adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005, for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products, and under Articles 7, 12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to as ‘Palestinian Authority’), of the other part (hereinafter referred to as the ‘Interim Association Agreement’), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.






A.


The Parties have agreed on the following temporary amendments to the Interim Association Agreement:






1.


Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an Exchange of Letters, subject to the provisions of point C thereof.














B.


The Parties have also agreed on the following permanent amendments to the Interim Association Agreement:






1.


Article 4 shall be replaced by the following:
‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00  and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex 1702 30 50  and ex 1702 30 90 .’.










2.


The title of Chapter 2 shall be replaced by the following:

                                                   ‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY PRODUCTS’.










3.


Article 11 shall be replaced by the following:
‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00  and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex 1702 30 50  and ex 1702 30 90 , for which duty free market access was already granted within Chapter 1.’.










4.


Article 12 shall be replaced by the following:
‘The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.’.










5.


Article 13 shall be replaced by the following:

‘1.   Agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union shall be subject to the arrangements set out in that Protocol.


2.   Agricultural products, processed agricultural products and fish and fishery products originating in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip shall be subject to the arrangements set out in that Protocol.’.











6.


Article 23bis shall be added:
‘Temporary Withdrawal of Preferences

1.   The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Agreement and underline their commitment to combat irregularities and fraud in customs and related matters.


2.   Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.


3.   For the purpose of this Article a failure to provide administrative cooperation/assistance shall mean, inter alia:






(a)


a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;










(b)


a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;










(c)


a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.






4.   For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.


5.   The application of a temporary suspension shall be subject to the following conditions:






(a)


The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.










(b)


Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.










(c)


Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.




Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).’.











7.


Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement in the form of an Exchange of Letters.










8.


A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Interim Association Agreement.














C.


The Parties have agreed on the following additional provisions:






1.








(a)


The temporary amendments provided for under point A shall apply for a period of 10 years from the entry into force of this Agreement in the form of an Exchange of Letters. However, depending on the future economic development of the West Bank and Gaza Strip, a possible extension for an additional period of those amendments could be considered by the Joint Committee. Such a decision shall be taken by the Joint Committee at the latest 1 year before the expiration of the 10 years period as provided by this Agreement in the form of an Exchange of Letters.










(b)


The European Union and the Palestinian Authority shall meet 5 years from the date of entry into force of this Agreement in the form of an Exchange of Letters, to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products and fish and fishery products with the objective laid down in Article 12 of the Interim Association Agreement.










(c)


The starting point for future reciprocal negotiations will be the consolidated concessions of the Interim Association Agreement, which are listed in Annexes II and IV of this Agreement in the form of an Exchange of Letters.










(d)


It is understood that the trade conditions to be granted by the European Union as a result of these future negotiations may be less favourable than those granted under the this Agreement in the form of an Exchange of Letters.














2.


Article 7(1) of the Interim Association Agreement shall not apply pending the application of the temporary amendments provided for under point A of this Agreement in the form of an Exchange of Letters.








This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third month following the date of the deposit of the last instrument of approval.’.
I have the honour to confirm that the Palestinian Authority is in agreement with the content of your letter.
Please accept, Sir/Madam, the assurance of my highest consideration.
Done at Brussels,
Съставено в Брюксел на
Hecho en Bruselas, el
V Bruselu dne
Udfærdiget i Bruxelles, den
Geschehen zu Brüssel am
Brüssel,
Έγινε στις Βρυξέλλες, στις
Fait à Bruxelles, le
Fatto a Bruxelles, addì
Briselē,
Priimta Briuselyje,
Kelt Brüsszelben,
Magħmul fi Brussell,
Gedaan te Brussel,
Sporządzono w Brukseli dnia
Feito em Bruxelas,
Întocmit la Bruxelles,
V Bruseli
V Bruslju,
Tehty Brysselissä
Utfärdat i Bryssel den






For the Palestinian Authority
За Палестинската администрация
Por la Autoridad Palestina
Za palestinskou samosprávu
For Den Palæstinensiske Myndighed
Für die Palästinensische Behörde
Palestiina omavalitsuse nimel
Για την Παλαιστινιακή Αρχή
Pour l'Autorité palestinienne
Per l'Autorità palestinese
Palestīniešu pašpārvaldes vārdā –
Palestinos Administracijos vardu
A Palesztin Hatóság részéről
Għall-Awtorità Palestinjana
Voor de Palestijnse Autoriteit
W imieniu Autonomii Palestyńskiej
Pela Autoridade Palestiniana
Pentru Autoritatea Palestiniană
V mene Palestínskej samosprávy
Za Palestinsko upravo
Palestiinalaishallinnon puolesta
För den palestinska myndigheten








(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  CN codes corresponding to Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009, p. 1).

(3)  Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(4)  Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10 , the duty reduction applies to the specific duty.