Source: EURLEX
Language: en
Format: md

5. 11. 90 Official Journal of the European Communities No C _T71125_

Proposal for a Council Decision approving the Agreement between the European Economic
Community and the European Atomic Energy Community and Romania for the purpose of

conclusion by the Commission on behalf of the European Atomic Energy Community

_SEC(90) 1872 final_

_(Submitted by the Commission to the Council on 8 October 1990)_

(90/C 277/07)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular the second
paragraph of Article 101 thereof,

Having regard to the proposal from the Commission,

Whereas the Commission has negotiated the Agreement
between the European Economic Community and the
European Atomic Energy Community and Romania in
accordance with the Directives of the Council, and
proposes to conclude the said Agreement on behalf of the
European Atomic Energy Community;

Whereas approval should be given for conclusion by the
Commission of the said Agreement on behalf of the said
Community,

HAS DECIDED AS FOLLOWS:

_Article 1_

The conclusion by the Commission of the Agreement
between the European Economic Community and the
European Atomic Energy Community and Romania on
behalf of the European Atomic Energy Community is
hereby approved.

The text of the Agreement is attached to this Decision.

_Article 2_

The President of the Commission shall give the notification
provided for in Article 25 of the Agreement on behalf of the
European Atomic Energy Community.

AGREEMENT

between the European Economic Community and the European Atomic Energy Community, of the
one part, and Romania of the other part, on trade and commercial and economic cooperation

THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'the Community',

of the one part,

ROMANIA, of the other part,

RECOGNIZING that Romania and the Community desire to promote and extend further the direct
contractual relations established between them by the Agreements on the establishment of the Joint Committee
and on trade in industrial products signed on 28 July 1980 and to establish a wider framework for commercial
and economic cooperation,

RECALLING the traditional trade and economic links between the Community and Romania, and taking into
account the Parties' respective levels of economic development,

TAKING INTO ACCOUNT the favourable implications for trade and economic relations between the
Contracting Parties of the economic reforms under way in Romania and of the Parties' respective economic
policies,

DESIROUS of creating favourable conditions for the harmonious development and diversification of trade and
the promotion of commercial and economic cooperation in areas of mutual interest on the basis of equality,
mutual benefit and reciprocity,

No C 277/26 Official Journal of the European Communities 5. 11. 90

HAVING REGARD to the particular importance of foreign trade and other forms of international economic
cooperation as factors of economic and social development,

HAVING REGARD to the importance of giving full effect to the Final Act of the Conference on Security and
Cooperation in Europe, the Concluding Document of the Madrid meeting and the Concluding Document of the
Vienna meeting,

REAFFIRMING the commitment of the Contracting Parties to the General Agreement on Tariffs and Trade
and to the Protocol for the accession of Romania thereto,

BELIEVING that a further impetus should be given to the trading and economic relationship between the
Community and Romania, in the spirit of the Concluding Document of the Bonn CSCE Conference on
economic cooperation in Europe,

RECOGNIZING that the Community and Romania desire to establish wider-ranging and closer contractual
links that permit further development at a later stage,

HAVE DECIDED to conclude this Agreement, and to this end have designated as their plenipotentiaries:

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

_Article 1_ TITLE I

Trade

_Article 3_
The Contracting Parties agree to facilitate and promote
trade and economic cooperation with each other.

1. Unless otherwise specified in this Agreement, trade
between the Contracting Parties shall be conducted in
compliance with their respective regulations.

_Article 2_

1. This Agreement shall apply to trade in all products
originating in the Community or in Romania, with the
exception of products covered by the Treaty establishing
the European Coal and Steel Community.

2. This Agreement shall not affect the provisions of the
existing Agreement between the European Economic
Community and Romania on trade in textile products,
which has been provisionally applied since 1 January 1987,
nor the provisions of Exchanges of Letters or other
arrangements on trade in textile products concluded
subsequently, for the period of application of these
provisions; furthermore, should the Community invoke
paragraph 24 of the Protocol extending the Arrangement
regarding international trade in textiles of 31 July 1986,
only the provisions of the said Arrangement shall apply, to
the exclusion of all provisions of this Agreement.

Not later than six months before the expiry of the
Agreements concerning trade in textile products referred to
above, the Contracting Parties shall consult each other with
a view to determining the arrangements to be applied to
trade in textile products after the expiry of the said
Agreements.

3. This Agreement shall not affect specific agreements or
arrangements covering agricultural products in force
between the Contracting Parties, or any successor agreements or arrangements.

2. In the framework of their respective laws and
regulations, the Contracting Parties shall adopt measures
to ensure the harmonious development and the diversification of their mutual trade.

3. To that end, each Party confirms its resolve to consider
in a spirit of cooperation suggestions made by the other in
connection with attaining these aims.

_Article 4_

The Contracting Parties reaffirm their commitment to
according each other most-favoured nation treatment in
accordance with the General Agreement on Tariffs and
Trade (GATT) and the Protocol for the accession of
Romania thereto.

_Article 5_

Each Contracting Party shall accord the highest degree of
liberalization which it generally applies to third countries
to imports of the other's products, taking into account the
provisions of the GATT and of the Protocol for the
accession of Romania thereto; to this end, the Community
undertakes to phase out the quantitative restrictions
referred to in Article 3 (a) of the Protocol for the accession
of Romania to the GATT in accordance with the

provisions and in respect of the products referred to in
Articles 7 to 11 of this Agreement.

5. 11. 90 Official Journal of the European Communities No C 277/27

_Article 6_

The process of liberalization shall take account of the
provisions of the GATT, the trend of trade between the two
Parties, any changes in market conditions and rules
concerning trade ii\ Romania or in the Community and
progress made in applying the Agreement.

_Article 7_

The Community undertakes to eliminate, by the end of the
first year following the entry into force of this Agreement at
the latest, the quantitative restrictions on imports into
those regions of the Community and of those products
listed in Annex I.

_Article 8_

The Community undertakes to suspend within one year of
the entry into force of the Agreement the application of the
quantitative restrictions on imports of the products listed in
Annex II into the regions indicated in that Annex on the
conditions specified therein.

_Article 9_

1. For each calendar year, the Community shall open
import quotas for products which are of interest for
Romania and which are subject to quantitative restrictions.

2. The two Parties shall hold consultations each year in
the Joint Committee referred to in Article 22 to determine

what further liberalization there should be for the

following year and, barring exceptions, to determine
gradual and regular increases in the quotas for products
subject to the quantitative restrictions referred to in
Article 5.

_Article 10_

Before the end of June 1992 the Contracting Parties shall
examine in the framework of the Joint Committee referred

to in Article 22 those of the quantitative restrictions
referred to in Article 5 still maintained at that time, with a
view to determining what changes might be made to the
existing import arrangements.

_Article 11_

The Community undertakes to eliminate by 31 December
1995 at the latest those of the quantitative restrictions
referred to in Article 5 which still remain, with the
exception of those relating to a limited number of products
which might be deemed sensitive at that time.

Should the need arise, the Joint Committee set up pursuant
to Article 22 shall, during its meeting in 1995, draw up the

arrangements which shall apply for a prescribed period
after 31 December 1995 to imports of these products.

_Article 12_

Imports into the Community of products covered by this
Agreement shall not be charged against the quotas referred
to in Article 9 where they are declared as being intended for
re-export and are actually re-exported from the Community either in the unaltered state or after inward
processing under the administrative control arrangements
in force in the Community.

_Article 13_

Taking into account the importance of their trade in
agricultural products and the implications of multilateral
negotiations in the GATT, the Contracting Parties shall
examine in the Joint Committee referred to in Article 22

the possibility of giving their assent to agricultural trade
concessions, product-by-product and on the basis of
Article 4 of this Agreement, in a reciprocal and orderly

manner.

_Article 14_

Goods shall be traded between the two Contracting Parties
at market-related prices.

_Article 15_

1. The Contracting Parties shall consult each other if any
product is being imported in trade between the Community
and Romania in such increased quantities or under such
conditions as to cause or threaten to cause serious injury to
domestic producers of like or directly competitive
products.

2. The Contracting Party requesting the consultations
shall supply the other Party with all the information
required for a detailed examination of the situation.

3. The consultations requested pursuant to paragraph 1
shall be held with due regard for the fundamental aims of
the Agreement and shall be completed not later than
30 days from the date of notification of the request by the
party concerned, unless the Parties agree otherwise.

4. If, as a result of such consultations, it is agreed that the
situation referred to in paragraph 1 exists, exports shall be
limited or such other action taken as will prevent or remedy
the injury, which may include action with respect to the
price at which the exports are sold.

5. If, following action under paragraphs 1 to 4 above,
agreement is not reached between the Contracting Parties,

No C 277/28 Official Journal of the European Communities 5. 11. 90

the Contracting Party which requested the consultations
shall be free to restrict the imports of the products
concerned to the extent and for such time as is necessary to
prevent or remedy the injury. The other Contracting Party
shall then be free to deviate from its obligations towards the
first Party in respect of substantially equivalent trade.

6. In critical circumstances, where delay could cause
damage difficult to repair, such preventive or remedial
action may be taken provisionally without prior consultation, on the condition that consultation shall be effected
immediately after taking such action.

7. In the selection of the measures under this Article, the
Contracting Parties should give priority to those which
cause the least disturbance to the functioning of this
Agreement.

8. Where necessary, the Contracting Parties may hold
consultations to determine when the measures adopted
pursuant to paragraphs 4, 5 and 6 shall cease to apply.

9. If, after the procedures provided for in this Article have
been exhausted, the Contracting Parties still disagree about
measures adopted pursuant to this Article, the Community
and Romania may refer the disagreement to the Contracting Parties of the GATT in accordance with Article XIX of
the GATT and Article 4 of the Protocol for the accession of

Romania to the GATT.

_Article 16_

The Contracting Parties shall inform each other of any
changes in their tariff or statistical nomenclature or of any
decision adopted in accordance with the procedures in
force which relates to the classification of products covered
by this Agreement.

TITLE II

Commercial cooperation

_Article 17_

1. The Contracting Parties shall make every effort to
promote, expand and diversify their commercial and
economic cooperation on the basis of non-discrimination
and reciprocity. The Joint Committee established under
Article 22 of this Agreement will attach special importance
to examining ways of encouraging a reciprocal and
harmonious expansion of trade.

2. In furtherance of the aims of this Article and within the

limits of their respective powers, the Contracting Parties
agree that they shall maintain and improve favourable
business relations, facilities and practices for each other's

firms or companies on their respective markets, by means
of the following measures:

— ensuring publication and facilitating exchanges of
commercial and economic information on all matters

which would assist the development of trade and
economic cooperation, for example:

— economic development programmes or forecasts,

— general and sectoral import arrangements,

— economic and commercial law, including regulations on markets and companies,

— macroeconomic information and statistics, in particular production, consumption and foreign trade
statistics,

— facilitating cooperation between their respective customs services, in particular in the field of vocational
training,

— encouraging the development of contacts and links
between firms, enterprises and other interested organizations of both sides which would contribute to

realizing the aims of the Agreement,

— encouraging contacts between business associations of
the Community and Romania.

3. In furtherance of the aims of this Article, the
Contracting Parties agree to maintain and improve
favourable business regulations, facilities and practices for
each other's firms or companies in their respective markets
_inter alia_ as indicated in Annex III.

_Article 18_

Within the limits of their respective powers, the Contracting Parties undertake to:

— ensure suitable protection and the enforcement of
industrial, commercial and intellectual property rights,

— ensure that their international commitments regarding
industrial, commercial and intellectual property rights
are honoured,

— encourage appropriate arrangements between undertakings and institutions within the Community and
Romania with a view to due protection of industrial,
commercial and intellectual property rights,

— encourage cooperation and exchanges of views between
organizations and institutions responsible for industrial, commercial and intellectual property.

5. 11. 90 Official Journal of the European Communities No C 277/29

_Article 19_

Within the limits of their respective powers, the Contracting Parties:

— shall encourage the adoption of arbitration for the
settlement of disputes arising out of commercial and
cooperation transactions concluded by companies or
firms, enterprises and economic organizations of the
Community and those of Romania,

— agree that when a dispute is submitted to arbitration,
each party to the dispute may freely choose its own
arbitrator, irrespective of his nationality, and that the
presiding third arbitrator or the sole arbitrator may be a
citizen of a Third State,

— shall encourage recourse to the arbitration rules
elaborated by the United Nations Commission on
International Trade Law (Uncitral) and to arbitration
by any Centre of a State Signatory to the Convention on
recognition and enforcement of foreign arbitral awards
done at New York on 10 June 1958.

TITLE HI

Economic cooperation

_Article 20_

1. In the light of their respective economic policies and
objectives, the Contracting Parties shall foster economic
cooperation on as broad a base as possible, in all fields
deemed to be in their mutual interest.

The objectives of such cooperation shall be _inter alia:_

— to reinforce and diversify economic links between the
Contracting Parties,

— to contribute to the development of their respective
economies and standards of living,

— to open up new sources of supply and new markets,

— to encourage cooperation between economic operators,
with a view to promoting investment, joint ventures,
licensing agreements and other forms of industrial
cooperation to develop their respective industries,

— to encourage scientific and technological progress,

— to support structural changes in the Romanian economy
in order to increase and diversify trade in goods and
services within the Community,

— to encourage environmentally sound policies,

— to encourage the participation of small and mediumsized enterprises in trade and industrial cooperation.

2. In order to achieve these objectives, the Contracting
Parties shall make efforts to encourage and promote
economic cooperation in areas of mutual interest, in
particular in the following sectors:

— industry and mining,

— agriculture, including the food-processing industries,

— research, development, science and technology in
sectors in which the Contracting Parties are active and
which they consider to be of mutual interest, including
nuclear research,

— energy, including nuclear energy and nuclear safety
(physical safety and radiation protection),

— environmental protection and the management of
natural resources,

— transport, tourism and other service activities,

— telecommunications,

— economic, monetary, banking, insurance and financial
services,

— vocational and management training,

— medical services and health care,

— standards,

— statistics.

3. To give effect to the objectives of economic cooperation, and within the limits of their respective powers, the
Contracting Parties shall encourage the adoption of
measures aimed at creating favourable conditions for
economic and industrial cooperation, in particular by:

— fostering a favourable climate for investment, joint
ventures and licensing arrangements, notably by the
extension by the Member States of the Community and
Romania of arrangements for investment promotion
and protection, in particular for the transfer of profits
and the repatriation of invested capital, on the basis of
the principles of non-discrimination and reciprocity,

— facilitating exchanges and contacts between persons
and delegations representing commercial, economic,
educational, training or other relevant organizations,

— encouraging and facilitating trade promotion activities,
such as the organization of seminars, fairs or exhibitions, symposia and business weeks,

No C 277/30 Official Journal of the European Communities 5. 11. 90

promoting activities involving the provision of technical
expertise in specific areas,

facilitating the conduct of market research and other
marketing activities on their respective territories,

encouraging, in accordance with the respective laws and
policies of the Contracting Parties, joint research and
development activities, the exchange of information
and contacts between scientists, research and educational establishments and businesses,

  - facilitating cooperation between businesses on the
markets of third countries.

_Article 21_

Without prejudice to the relevant provisions of the Treaties
establishing the European Communities, this Agreement
and any action taken pursuant to it shall in no way affect
the powers of the Member States of the Community to
undertake bilateral activities with Romania in the field of

economic cooperation and to conclude, where appropriate,
new economic cooperation agreements with Romania.

TITLE IV

Joint Committee

_Article 22_

1. (a) A Joint Committee shall be set up, comprising

representatives of the Community, on the one hand,
and representatives of Romania, on the other.

(b) The Joint Committee shall formulate recommendations by mutual agreement between the Contracting Parties.

(c) The Joint Committee shall, as necessary, adopt its
own rules of procedure and programme of work.

(d)The Joint Committee shall meet once a year in
Brussels and Bucharest alternately. Special meetings
may be convened by mutual agreement, at the
request of either Contracting Party. The Joint
Committee shall be chaired alternately by each of the
Contracting Parties. Wherever possible, the agenda
for the meetings of the Joint Committee shall be
agreed beforehand.

(e) The Joint Committee may decide to set up working
groups to assist it in carrying out its duties.

2. (a) The Joint Committee shall ensure the proper

functioning of this Agreement and the arrangements
connected with it, and shall devise and recommend
practical measures for achieving its objectives,

keeping in view the economic and social policies of
the Contracting Parties.

(b) The Joint Committee shall endeavour to find ways
of encouraging the development of trade and
commercial and economic cooperation between the
Contracting Parties. In particular it shall:

— examine the various aspects of trade between the
Parties, notably its overall pattern, rate of
growth, structure and diversity, the trade balance
and the various forms of trade and trade

promotion,

make recommendations on any issue of mutual
concern relating to trade or commercial or
economic cooperation,

seek appropriate means of avoiding possible
difficulties in the fields of trade and cooperation,
and encourage various forms of commercial and
economic cooperation in areas of mutual interest,

— consider measures likely to develop and diversify
trade and economic cooperation, notably by
improving import opportunities in the Community and in Romania,

— exchange information on the macroeconomic
forecasts relating to the two Parties' economies
which have an impact on trade and cooperation
and, by extension, on the scope for developing
complementarity between their respective economies and on proposed economic development

programmes,

— exchange information relating to amendments
and developments in the laws, regulations and
formalities of the Contracting Parties in the areas
covered by this Agreement,

— seek methods of arranging and encouraging the
exchange of information and contacts in matters
relating to economic cooperation between the
Contracting Parties on a basis of mutual advantage, and work towards the creation of
favourable conditions for such cooperation,

— examine favourably ways of improving conditions for the development of direct contacts
between firms established in the Community and
those established in Romania,

— formulate and submit to the authorities of both

Contracting Parties recommendations for solving
any problems that arise, where appropriate by
means of the conclusion of arrangements or
agreements.

5. 11. 90 Official Journal of the European Communities No C 277/31

TITLE V

General and final provisions

_Article 23_

1. Upon its entry into force this Agreement shall replace
the existing Agreements between the European Economic
Community and Romania on the establishment of the Joint
Committee and on trade in industrial products, done at
Bucharest on 28 July 1980.

2. Subject to the provisions concerning economic cooperation in Article 21, the provisions of this Agreement shall
replace the provisions of the Agreements concluded
between the Member States of the Community and
Romania to the extent to which the latter provisions are
either incompatible with or identical to the former.

_Article 24_

This Agreement shall apply, on the one hand, to the
territories in which the Treaties establishing the European
Economic Community and the European Atomic Energy
Community are applied and under the conditions laid
down in these Treaties and, on the other hand, to the
territory of Romania.

_Article 25_

This Agreement shall enter into force on the first day of the
second month following the date on which the Contracting
Parties have notified each other that the legal procedures
necessary to this end have been completed. The Agreement
shall be concluded for an initial period of five years. The
Agreement shall be automatically renewed year by year
provided that neither Contracting Party gives the other
Party written notice of denunciation of the Agreement six
months before it expires.

The Contracting Parties may expand and/or amend this
Agreement or elaborate further on its specific provisions by
mutual consent in order to take account of new develop
ments.

The Annexes, the Joint Declaration on Article 9 and the
Agreement in the form of an exchange of letters
(Testausschreibung) attached to this Agreement shall form
an integral part thereof.

_Article 26_

This Agreement shall be drawn up in duplicate in the
Danish, Dutch, English, French, German, Greek, Italian,
Portuguese, Spanish and Romanian languages, each text
being equally authentic.

No C 277/32 Official Journal of the European Communities 5. 11. 90

_ANNEX_ _I_

referred to in Article 7

```
BENELUX

1704 90 30

1704 90 51

```

`1704` `90` _55_

```
1704 90 61

1704 90 65

1704 90 71

1704 90 75

1704 90 81

1704 90 99

1806 10 10

1806 10 30

1806 10 90

1806 20 10

1806 20 30

1806 20 50

1806 20 70

1806 90 11

1806 90 60

1806 90 70

1806 90 90

1901 10 00

1901 90 90

1904 10 10

1904 10 30

1904 10 90

1904 90 10

1904 90 90

6911 10 00

6911 90 00

7010 90 21

7010 90 99

7017 20 00

7017 90 00

7905 00 11

7905 00 19

7905 00 90

8501 20 10

8501 31 10

8501 32 10

8501 33 10

8501 40 10

8501 51 90

8501 52 10

8501 52 91

8501 52 93

8501 52 99

8501 53 10

8501 53 91

8501 53 99

9605 00 00

GERMANY

6205 90 10

6206 90 10

6403 40 00

6403 91 13

```

```
GERMANY
```

_(cont'd)_

```
6403 91 16

6403 91 18

6403 99 93

6403 99 96

6403 99 98

6902 10 00

6912 00 90

7202 41 10

7214 10 00

8901 10 90

8901 20 90

8901 30 90

8901 90 91

8901 90 99

8902 00 90

902S 11 91

9503 30 10

9503 49 10

9S03 60 10
```

_S*J\J-J_ _\J\J A.XJ_

```
9503 90 99

SPAIN

1302 19 30

1704 90 30

```

`1704` _90_ `51`

```
1704 90 55

1704 90 61

1704 90 65

1704 90 71

```

`1704 90` _75_

```
1704 90 81

1704 90 99

2707 20 10

2707 30 10

2707 50 10

3602 00 00

```

`3604` `10` _00_

```
3604 90 00

3902 20 00

3904 30 00

3905 20 00

3906 10 00

3906 90 00

3912 11 00

3912 12 00

3912 20 11

3912 20 19

3912 31 00

3912 39 10

3912 39 90

3912 90 10

3912 90 90

3914 00 00

3916 90 90

3917 29 19

```

```
SPAIN
```

_(cont'd)_

```
3917 32 51

3917 39 19

3920 20 71

3920 30 00

3920 51 00

3920 59 00

3920 71 90

3920 72 00

3920 73 10

3920 73 50

3920 73 90

3920 79 00

3920 91 00

3921 11 00

3921 14 00

4420 90 11

4420 90 19

7202 60 00

7207 19 39

7304 31 10

7304 39 20

7304 41 10

7304 49 30

7304 51 30

7304 59 50

7304 90 10

7306 30 10

7306 40 10

```

`7306` _50_ `10`

```
7306 60 10

7312 10 10

7312 90 10

8452 40 00

8546 10 00

8546 20 91

8546 20 99

8546 90 10

8546 90 90

8701 20 10

8701 20 90

GREECE

8407 29 10

8407 29 30

8407 33 10

8407 34 10

8407 90 10

8407 90 50

8407 90 91

8407 90 93

8408 10 10

8408 10 21

8408 10 25

8408 20 10

8408 20 31

8408 90 29

8408 90 31

8702 10 11

8702 10 19

8702 10 91

```

```
GREECE
```

_(cont'd)_

```
8702 90 19

8702 90 31

8702 90 39

8703 10 10

8703 21 10

8703 21 90

8703 22 10

8703 22 90

8703 23 10

8703 23 90

8703 24 10

8703 24 90

8703 31 10

8703 31 90

8703 32 10

8703 32 90

8703 33 10

8703 33 90

8703 90 90

8707 10 10

8707 10 90

8707 90 10

8707 90 90

IRELAND

0702 00 10

9404 10 00

```

`9404` `21` _00_

```
9404 90 90

ITALY

0701 90 51

0701 90 59

2009 11 19

2009 19 19

2205 90 10

2208 10 10

2208 90 91

2208 90 99

```

`2209` _00_ `91`

```
2209 00 99

2402 10 00

2523 90 30

2704 00 10

2704 00 90

2707 20 10

2707 50 10

2707 50 99

2707 60 90

2815 11 00

2815 12 00

2824 10 00

2824 90 00

2833 22 00

2833 23 00

2833 30 10

2840 30 00

2849 90 90

```

5. 11. 90 Official Journal of the European Communities No C 277/33

```
ITALY
```

_(cont'd)_

```
2903 11 00

2903 21 00

2903 22 00

2903 23 00

2903 29 00

2903 30 10

```

`2903` _30_ `31`

```
2903 30 39

2903 61 00

2903 62 00

```

`2903` _69_ `00`

```
2905 12 00

2905 22 10

2905 22 90

2905 50 30

2907 22 90

2907 23 90

2907 29 90

2912 12 00

2912 50 00

2912 60 00

2914 11 00

2917 14 00

2918 14 00

2918 29 30

2918 29 90

2918 30 00

```

`2931` _00 00_

```
2933 11 10

2933 90 70

2934 90 50

2934 90 80

3006 40 00

3006 60 90

3105 40 00

3105 60 10

3105 60 90

3105 90 10

3105 90 91

3105 90 99

3206 10 90

3206 20 90

3206 30 00

3206 41 00

3206 43 00

3206 50 00

3403 19 10

3410 35 00

3410 39 90

3602 00 00
3603 00 90

3604 10 00

3604 90 00

3606 10 00

3606 90 10

3606 90 90

3703 10 00

3703 20 10

3704 00 90

3801 20 10

3803 00 90

3805 90 00

3808 20 10

3809 99 00

3811 11 90

3811 19 00

3811 21 00

3811 29 00

3812 30 20

3812 30 80

```

```
ITALY
```

_(cont'd)_

```
3815 11 00

3815 12 00

3815 19 00

3815 90 00

3816 00 00

3818 00 10

3818 00 90

3819 00 00

3823 10 00

3823 60 00

3823 90 10

3823 90 20

3823 90 40

3823 90 60

3823 90 81

3823 90 85

3823 90 95

3912 11 00

3912 12 00

3912 31 00

3912 39 10

3912 39 90

3912 90 10

3912 90 90

3920 72 00

3920 73 10

3920 73 50

3920 73 90

3921 14 00

4002 99 10

4005 20 00

4012 90 10

4104 39 90

4407 99 31

4407 99 39

4501 10 00

4501 90 00

4802 20 00

4804 39 91

4805 60 10

6401 10 10

6401 10 90

6402 30 10

6402 30 90

6402 99 93

6402 99 96

6402 99 98

6403 91 13

6403 91 16

6403 91 18

6403 91 93

6403 91 96

6403 91 98

6403 99 33

6403 99 36

6403 99 38

6403 99 93

6403 99 96

6403 99 98

6404 20 10

6904 10 00

6904 90 00
6907 10 00

6907 90 10

6907 90 91

6907 90 93

6907 90 99

6908 90 11

7207 19 39

7211 30 90

```

```
  ITALY
```

_(cont'd)_

```
  7211 49 99

  7212 10 99

  7212 21 90

  7212 29 90

  7212 30 90

  7212 50 10

  7212 50 85

  7212 60 93

  7215 20 10

  7215 20 90

  7216 90 91

  7303 00 10

  7304 31 10

  7304 39 10

  7304 39 20

  7304 39 30

  7304 41 10

  7304 49 10

' 7304 49 30

  7304 51 11

  7304 51 30

  7304 59 10

  7304 59 31

```

`7304` _59_ `50`

```
  7304 90 10

  7306 30 10

  7306 40 10

  7306 50 10

  7306 60 10

  7312 90 10

  7604 10 10

  7604 10 90

  7604 21 00

  7604 29 10

  7604 29 90

  7605

  7606

  7607

  7608 10 10

  7608 10 91

  7608 10 99

  7608 20 10

  7608 20 91

  7609 00 00

  7903 90 00

  7904 00 00

  7905 00 11

  7905 00 19

  7905 00 90

  7906 00 00

  7907 90 00

  8104 11 00

  8104 19 00

  8110 00 11

  8407 10 90

  8407 21 11

  8407 21 19

  8407 21 91

  8407 21 99

  8407 29 30

  8407 29 50

  8407 29 70

  8408

  8443 12 00

  8443 21 00

  8443 29 00

  8443 30 00

  8443 40 00

  8443 60 00

  8443 90 10

  8443 90 90

```

```
ITALY
```

_(cont'd)_

```
8452 40 00

8469 29 00

8469 39 00

8543 10 00

8543 80 10

8543 90 10

8546 90 10

8705 10 00

8705 40 00

8705 90 10

8706

8707

8708

8710 00 00

8714 20 00

8714 91 10

8714 91 30

8714 91 90

8714 92 10

8714 92 90

8714 93 10

8714 93 90

8714 94 10

8714 94 30

8714 95 00

8714 96 10

8714 96 90

8714 99 10

8714 99 30

8714 99 50

9306 10 00

9306 29 10

9306 29 30

9306 29 50

9306 29 90

9306 30 30

9306 30 95

9306 30 99

9306 90 10

9306 90 90

Textile category 161

UNITED K I N G D O M

0701 90 51

0701 90 59

0702 00 90

0705 11 90

0705 19 00

0705 29 00

0708 20 10

0708 20 90

0712 10 00

1105 10 00

2005 20 10

2005 20 90

8528 20 20

8528 20 71

8528 20 73

8528 20 79

8528 20 91

8528 20 99

```

No C 277/34 Official Journal of the European Communities 5. 11. 90

_ANNEX_ _11_

referred to in Article 8

BENELUX

(System: automatic licensing)

6401 10 10

6401 91 10

6401 92 10

```
      6401 99 10

      6402 30 10

      6402 91 10

      6402 99 10

      7004 90 95

      7004 90 99

      Textile category 125A

```

ITALY
(System: automatic licensing)

4002 19 00

6403 19 00

(System: double checking in accordance with the procedure in the Protocol to the Agreement of 28 July 1980
between the European Economic Community and the Socialist Republic of Romania on trade in industrial
products, which Protocol will continue to be operational after the entry into force of this Agreement).

```
7003 30 00

7004 10 30

7004 10 50

7004 10 90

7004 90 50

7004 90 70

7004 90 91

7004 90 93

7004 90 95

7004 90 99

7005 10 10

7005 10 31

7005 10 33

7005 10 35

7005 10 91

7005 10 93

7005 10 95

```

```
2917 34 10

2917 35 00

4410 10 10

4410 10 30

4804 11 11

4804 11 15

4804 11 19

4804 19 11

4804 19 15

4804 19 19

4804 19 31

4804 19 35

4804 19 39

4804 21 10

4804 29 10

4804 31 10

```

```
4804 31 51

4804 31 59

4804 39 10

4804 39 51

4804 39 59

4804 41 10

4804 42 10

4804 49 10

4804 51 10

4804 52 10

4804 59 10

4809 90 00

7003 11 90

7003 19 90

7003 20 10

7003 20 90

```

```
7005 21 10

7005 21 20

7005 21 30

7005 21 40

7005 21 50

7005 21 90

7005 29 10

7005 29 31

7005 29 33

7005 29 35

7005 29 91

7005 29 93

7005 29 95

7005 30 00

7006 00 90

7016 90 10

```

5. 11. 90 Official Journal of the European Communities N o C 277/35

_ANNEX_ _111_

relating to Article 17 of the Agreement

Romania shall undertake to create conditions which facilitate trade cooperation, and _inter alia_ to:

1. grant non-discriminatory treatment for imports of products originating in the Community, particularly as
regards the issuing of licenses and the provision of foreign exchange to pay for such imports;

2. provide the Community with appropriate information, notably on import and investment intentions
regarding sectors of Romanian industry that may be of interest to Community exporters;

3. encourage the activities of Community businessmen in Romania, establishing in particular closer contacts
between representatives and experts of Community firms and their Romanian counterparts and final users;

4. encourage and facilitate, especially by practical means, trade promotion activities such as fairs and
exhibitions in Romania;

5. promoting visits of individuals, groups and delegations involved in trade between the two Parties;

6. facilitate the entry, stay and movement of Community businessmen in Romania; facilitate free movement
for Community businessmen and their families living in the country;

7. create the appropriate legislative framework to permit and encourage direct investment by Community
firms in Romania;

8. facilitate the establishment and operation of offices of Community firms in Romania, particularly in
connection with renting commercial premises; ensure non-discriminatory pricing relative to any third
country for such facilities;

9. discourage countertrade or, at the very least, stress that the practice should be regarded as temporary and
exceptional; if such transactions are unavoidable, all relevant information on the conditions and
regulations governing them should be provided;

10. ensure non-discriminatory treatment in the award of contracts for the supply of goods or services
consequent on international invitations to tender;

11. in connection with the activities covered by this Agreement, provide natural and legal persons from the
Community with guarantees as to their individual and property rights, including the right of access in
defence of these rights to the courts and appropriate administrative bodies; ensure that all the relevant laws,
rules and regulations are published.

Joint Declaration on Article 9

The Community and Romania agree that the obligation contained in Article 9 for the Community
to open quotas for imports from Romania of the products referred to in the said Article in no way
prejudges the volume of the said import quotas.

No C 277/36 Official Journal of the European Communities 5. 11. 90

AGREEMENT

in the form of an exchange of letters between the European Economic Community and Romania

concerning Testausschreibung

A. _Letter from the_ _Community_

Brussels, ...

Sir,

Since the beginning of 1980 a new import scheme aimed at subsequent further liberalization
_(Testausschreibung)_ has been introduced by the Federal Republic of Germany covering almost half
of the industrial products still subject to quantitative restrictions (apart from textile and steel
products). This scheme provides on an experimental and temporary basis for the issue of import
licences above and beyond the limits set by the quotas.

The _Testausschreibung_ is intended to permit an assessment, in the course of future years, of the
sectors in which quantitative restrictions on imports of industrial products might be removed.
During the examination of the results of the _Testausschreibung,_ the particular importance which
Romania attaches to the expansion of economic relations and Romania's contractual relations
with the Community will be taken into consideration.

If, in particular instances, as a result of Romanian exports to the Federal Republic of Germany,
market trends make it necessary to discontinue this practice, Romania will be informed to this
effect immediately and prior consultation may take place if Romania so requests.

I should be obliged if you would confirm that your government is in agreement with the above.

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

_On behalf of the Council_
_of the European_ _Communities_

5. 11. 90 Official Journal of the European Communities No C 277/37

B. _Letter from_ _Romania_

Brussels, ...

Sir,

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

'Since the beginning of 1980 a new import scheme aimed at subsequent further liberalization
_(Testausschreibung)_ has been introduced by the Federal Republic of Germany covering almost
half of the industrial products still subject to quantitative restrictions (apart from textile and
steel products). This scheme provides on an experimental and temporary basis for the issue of
import licences above and beyond the limits set by the quotas.

The _Testausschreibung_ is intended to permit an assessment, in the course of future years, of the
sectors in which quantitative restrictions on imports of industrial products might be removed.
During the examination of the results of the _Testausschreibung,_ the particular importance
which Romania attaches to the expansion of economic relations and Romania's contractual
relations with the Community will be taken into consideration.

If, in particular instances, as a result of Romanian exports to the Federal Republic of Germany,
market trends make it necessary to discontinue this practice, Romania will be informed to this
effect immediately and prior consultation may take place if Romania so requests.

I should be obliged if you would confirm that your government is in agreement with the above.'

I have the honour to confirm that my government is in agreement with the contents of your letter.

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

_For the Government of Romania_