Source: EURLEX
Language: en
Format: md

No L 344 / 160 EN Official Journal of the European Communities 31 . 12 . 96

FINAL ACT

The plenipotentiaries of :

the EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and the
EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as ' the Community ',

of the one part, and

the plenipotentiaries of the REPUBLIC OF SLOVENIA,

hereinafter referred to as ' Slovenia ',

of the other part,

meeting at Brussels on 11 November in the year 1996 for the signature of the Interim Agreement on trade
and trade related matters between the European Community, the European Atomic Energy Community and
the European Coal and Steel Community, of the one part, and the Republic of Slovenia, of the other part,
hereinafter referred to as ' the Interim Agreement ', and an Amending Protocol to the Europe Agreement have
adopted the following texts :

the Amending Protocol to the Europe Agreement, the Interim Agreement, and the following Protocols :

PROTOCOL 1 on textile and clothing products

PROTOCOL 2 on products covered by the Treaty establishing the European Coal and Steel Community

( ECSC )

PROTOCOL 3 on trade between Slovenia and the Community in processed agricultural products

PROTOCOL 4 concerning the definition of the concept of ' originating products ' and methods of

administrative cooperation

PROTOCOL 5 on mutual assistance between administrative authorities in customs matters

PROTOCOL 6 on concessions with annual limits .

The plenipotentiaries of the Community and the plenipotentiaries of Slovenia have adopted the texts of the
joint declarations listed below and annexed to this Final Act :

Joint Declaration concerning Article 20 of the Agreement .

Joint Declaration concerning Article 29 of the Agreement .

Joint Declaration concerning Article 36 of the Agreement .

Joint Declaration concerning Article 37 of the Agreement .

Joint Declaration concerning Article 45 of the Agreement .

Joint Declaration on the transitional period concerning the issuing and making out of documents

relating to the proof of origin within the framework of the Cooperation Agreement .

Joint Declaration concerning the Principality of Andorra .

Joint Declaration concerning the Republic of San Marino .

The plenipotentiaries of Slovenia have taken note of the Declaration listed below and annexed to this Final
Act :

«
Unilateral declaration by the Community .

The plenipoteniaries of the Community have taken note of the Declaration listed below and annexed to this
Final Act :

Unilateral declaration by Slovenia relating to Article 36 : Protection of intellectual, industrial and
commercial property rights .

31 . 12 . 96 I EN I Official Journal of the European Communities No L 344 / 161

Hecho en Bruselas, el once de noviembre de mil novecientos noventa y seis .

Udfærdiget i Bruxelles, den ellevte november nitten hundrede og seksoghalvfems .

Geschehen zu Brüssel am elften November neunzehnhundertsechsundneunzig .

Έγινε στις Βρυξέλλες, στις ένδεκα Νοεμβρίου χίλια εννιακόσια ενενήντα εξι .

Done at Brussels on the eleventh day of November in the year one thousand nine hundred and
ninety-six .

Fait à Bruxelles, le onze novembre mil neuf cent quatre-vingt-seize .

Fatto a Bruxelles, addì undici novembre millenovecentonovantasei .

Gedaan te Brussel, de elfde november negentienhonderd zesennegentig .

Feito em Bruxelas, em onze de Novembro de mil novecentos e noventa e seis .

Tehty Brysselissä yhdentenätoista päivänä marraskuuta vuonna
tuhatyhdeksänsataayhdeksänkymmentäkuusi .

Som skedde i Bryssel den elfte november nittonhundranittiosex .

V Bruslju, enaistega novembra tisocdevetstosestindevetdeset .

\

# No L 344 / 162 EN Official Journal of the European Communities 31 . 12 . 96

Por las Comunidades Europeas

For De Europæiske Fælleskaber

Für die Europâischen Gemeinschaften

RIA TIÇ Ευρωπαϊκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Voor de Europese Gemeenschappen

Pelas Comunidades Europeias

Euroopan yhteisöjen puolesta

For Europeiska gemenskaperna

Za Republiko Slovenijo

31 . 12 . 96 EN Official Journal of the European Communities No L 344 / 163

JOINT DECLARATIONS

Joint Declaration concerning Article 20

The conditions for the application of Article 20 of the Agreement, and the corresponding
provisions of the other Europe Agreements will be discussed between the Community and the
Countries of Central and Eastern Europe which have signed Europe Agreements . Slovenia will
participate in these discussions .

Once these conditions have been agreed, they will be incorporated into the Agreement in an
appropriate manner .

Joint Declaration concerning Article 29

Declaration of intent by the Contracting Parties on the trade arrangements between the States
that emerged from the former Socialist Federal Republic of Yugoslavia,

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

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

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

Joint Declaration concerning Article 36

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

Joint Declaration concerning Article 37

In accordance with international commitments the Parties will take the necessary steps to
implement, before 1 July 1998, the recommendation adopted by the Customs Cooperation
Council on 16 June 1960 .

Joint Declaration concerning Article 45

( a ) For the purposes of the interpretation and practical application of this Agreement, the
Parties agree that the cases of special urgency referred to in Article 45 of the Agreement
mean cases of material breach of the Agreement by one of the two Parties . A material
breach of the Agreement consists in :

No L 344 / 164 PEN Official Journal of the European Communities 31 . 12 . 96

— repudiation of the Agreement not sanctioned by the general rules of international law ;

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

( b ) The Parties agree that the ' appropriate measures ' referred to in Article 45 are measures

taken in accordance with international law . If a Party takes a measure in a case of special
urgency pursuant to Article 45, the other Party may avail itself of the dispute settlement
procedure .

Joint Declaration on the transitional period concerning the issuing or making out of documents

relating to the proof of origin within the framework of the Cooperation Agreement

1 . Until 31 December 1997, the competent customs authorities of the Community and of
Slovenia shall accept as valid proof of origin within the meaning of Protocol 4 :

( i ) long-term movement certificates EUR.l, issued within the context of this Agreement
endorsed with the stamp of the competent customs office of the exporting State ;

( ii ) movement certificates EUR.l, endorsed beforehand with the stamp of the competent
customs office of the exporting State ;

( iii ) movement certificates EUR.l, issued within the context of this Agreement, endorsed by
an approved exporter with a special stamp which has been approved by the customs
authorities of the exporting State ;

( iv ) EUR . 2 forms, issued within the context of this Agreement .

2 . Requests for subsequent verification of documents referred to above shall be accepted by the
competent customs authorities of the Community and of Slovenia for a period of two years
after the issuing and making out of the proof of origin concerned . These verifications shall
be carried out in accordance with Title VI of Protocol 4 to the Agreement .

Joint Declaration concerning the Principality of Andorra

1 . Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the
Harmonized System shall be accepted by Slovenia as originating in the Community within
the meaning of Protocol 4 of this Agreement .

2 . Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of

the abovementioned products .

Joint Declaration concerning the Republic of San Marino

1 . Products originating in the Republic of San Marino shall be accepted by Slovenia as
originating in the Community within the meaning of Protocol 4 of this Agreement .

2 . Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of
the abovementioned products .

UNILATERAL DECLARATIONS

Unilateral Declaration by the Community

The Community notes that the Interim Agreement with the Republic of Slovenia does not apply
to the overseas countries and territories associated with the European Community pursuant to
the Treaty establishing the European Community .

31 . 12 . 96 P EN Official Journal of the European Communities No L 344 / 165

Unilateral Declaration by Slovenia relating to Article 36 : protection of intellectual, industrial

and commercial property rights

Slovenia declares that :

1 . Slovenia shall accede to the multilateral conventions on intellectual, industrial and
commercial property rights referred to in paragraph 2 of this declaration to which the
Member States of the Community are parties or which are de facto applied by Member
States according to the relevant provisions contained in these conventions .

2 . Paragraph 1 of this declaration concerns the following multilateral conventions :

— International Convention for the Protection of Performers, Producers of Phonograms

and Broadcasting Organizations ( Rome, 1961 );

— Protocol relating to the Madrid Agreement concerning the International Registration of

Marks ( Madrid, 1989 );

— Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for

the purposes of Patent Procedures ( 1977, modified in 1980 );

— International Convention for the Protection of New Varieties of Plants ( UPOV ) ( Geneva

Act, 1991 ).

3 . Slovenia confirms the importance it attaches to the obligations arising from the following
multilateral conventions, to which it is Party .

— Paris Convention for the Protection of Industrial Property ( Stockholm Act, 1967 and

amended in 1979 );

— Madrid Agreement concerning the International Registration of Marks ( Stockholm Act,

1967 and amended in 1979 );

— Nice Agreement concerning the International Classification of Goods and Services for the

purposes of the Registration of Marks ( Geneva, 1977 and amended in 1979 );

— Patent Cooperation Treaty ( Washington, 1970, amended in 1979 and modified
in 1984 );

— Bern Convention for the Protection of Literary and Artistic Works ( Paris Act, 1971 ).

4 . From entry into force of this Agreement, Slovenia shall grant to Community companies and
nationals, in respect of the recognition and protection of intellectual, industrial and
commercial property, treatment no less favourable than that granted by it to any third
country under bilateral agreements .