Source: EURLEX
Language: en
Format: md

No C 58/2 Official Journal of the European Communities 8. 3. 90

_Article 2_

t

The President of the Council shall give the notification provided for in Article 25 of the
Agreement ( [x] ).

_Article 3_

The Commission, assisted by representatives of the Member States, shall represent the Community in
the Joint Committee set up by Article 22 of the Agreement.

_Article 4_

This Decision shall enter into force on the day following that of its publication in the _Official Journal_
_of the European_ _Communities._

Proposal for a Council Decision approving the Agreement between the European Economic
Community and the European Atomic Energy Community and the Union of Soviet Socialist
Republics for the purpose of final conclusion by the Commission on behalf of the European Atomic

Energy Community

_(Submitted by the Commission on 6 December 1989)_

(90/C 58/02)

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 the Union of Soviet Socialist
Republics 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:

_Sole Article_

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

The text of the Agreement is attached to this Decision.

( [:] ) The date of entry into force of the Agreement will be published in the _Official_ _Journal of the European_
_Communities_ by the General Secretariat of the Council.

8. 3. 90 Official Journal of the European Communities No C 58/3

DRAFT

EC-USSR AGREEMENT

Agreement between the European Economic Community and the European Atomic Energy
Community and the Union of Soviet Socialist Republics on trade and commercial and economic

cooperation

THE EUROPEAN ECONOMIC COMMUNITY, and

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter together called 'the Community',

of the one part, and

THE UNION OF SOVIET SOCIALIST REPUBLICS,

hereinafter called 'the USSR',

of the other part,

RECOGNIZING that the Community and the USSR desire to establish direct contractual relations with one
another which will permit further development at a later stage,

CONSIDERING that the development of relations between the Contracting Parties will complement and extend
bilateral relations between the Community's Member States and the USSR,

HAVING REGARD to the importance of giving full effect _to_ the Final Act _of_ the Conference _on_ Security and
Cooperation in Europe and the Concluding Documents of subsequent meetings of the CSCE Participating
States,

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,

BELIEVING that the volume and structure of trade between the Contracting Parties do not correspond to the
potential represented by their current levels of economic development and their future prospects,

TAKING INTO ACCOUNT the favourable implications for trade and economic relations between the
Contracting Parties of the economic restructuring under way in the USSR,

RECALLING the Joint Declaration on the establishment of official relations between the Council for Mutual

Economic Assistance and the European Economic Community,

HAVE DECIDED to conclude an Agreement on trade and commercial and economic cooperation between the
European Economic Community and the European Atomic Energy Community, of the one part, and the Union of
Soviet Socialist Republics, of the other part, and to this end have designated as their Plenipotentiaries:

THE EUROPEAN ECONOMIC COMMUNITY:

THE EUROPEAN ATOMIC ENERGY COMMUNITY:

THE UNION OF SOVIET SOCIALIST REPUBLICS:

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

N o C 58/4 Official Journal of the European Communities 8. 3. 90

TITLE I

General

_Article 1_

Within the framework of their respective laws and
regulations, the Contracting Parties shall use their best
endeavours to facilitate and promote

— the harmonious development and diversification of their
trade, and

— the development of various types of commercial and
economic cooperation.

To that end, they confirm their resolve to consider
favourably, each for its own part, suggestions made by the
other Party with a view to attaining these objectives.

TITLE II

Trade and commercial cooperation

_Article 2_

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

2. This agreement shall not affect the provisions of the
Agreement between the European Economic Community
and the USSR on trade in textile products signed on . . .
including any exchange of letters, any other arrangements
concluded in connection therewith and any agreements on
trade in textile products subsequently concluded, for the
period of application of these agreements.

_Article 3_

1. The Contracting Parties shall accord to one another
most favoured nation treatment in all areas in respect of:

— customs duties and charges applied to imports and
exports, including the method of collecting such duties
and charges,

— provisions relating to customs clearance, transit,
warehouses and transhipment,

— taxes and other internal charges of any kind applied
directly or indirectly to imported goods,

— methods of payment and the transfer of such
payments,

— the rules relating to the sale, purchase, transport,
distribution and use of goods on the domestic market.

2. The provisions of paragraph 1 shall not apply to:

(a) advantages granted with the aim of creating a customs
union or a free-trade area or pursuant to the creation of
such a union or area;

(b) advantages granted to particular countries in
accordance with the General Agreement on Tariffs and
Trade and with other international arrangements in
favour of developing countries;

(c) advantages granted to neighbouring countries to
facilitate frontier-zone trade.

_Article 4_

The Contracting Parties undertake to allow relief from
duties, taxes and other charges, and to grant licences in
respect of goods temporarily remaining in their territories for
re-exportation either in the unaltered state or after inward
processing.

_Article S_

The USSR shall grant imports of products originating in the
Community non-discriminatory treatment as regards the
application of quantitative restrictions, the granting of
licences and the allocation of the currency needed to pay for
such imports.

_Article 6_

Unless otherwise specified in this Agreement, trade and other
commercial cooperation between the Contracting Parties
shall be conducted in accordance with their respective
regulations.

_Article 7_

Without prejudice to the provisions of Article 5, each
Contracting Party shall accord the highest possible degree of
liberalization to imports of the other's products. The process
of liberalization shall take account of the development of
trade between the contracting parties, market conditions,
changes in the rules concerning trade in the Community or in
the USSR and progress made in implementing the
Agreement.

_Article 8_

To this end the Community undertakes:

— to make efforts to ensure progress towards the
progressive abolition of 'specific quantitative
restrictions', namely those quantitative restrictions
applied to imports originating in the USSR under
Regulation (EEC) No 3420/83 which concern products
other than those to which quantitative restrictions are
applied under Regulation (EEC) No 288/82,

8. 3. 90 Official Journal of the European Communities No C 58/5

— to eliminate, within one year of the entry into force of the
Agreement, quantitative restrictions on imports into
those regions of the Community and of those products
listed in Annex I,

— to suspend, within one year of the entry into force of the
Agreement, the application of quantitative restrictions on
imports into those regions of the Community and of those
products listed in Annex II on the terms and conditions
specified therein.

_Article 9_

As regards the specific quantitative restrictions not contained
in Annexes I and II, the Contracting Parties shall examine
before 30 June 1992 in the framework of the Joint

Committee referred to in Article 22, the further changes
which can be made in the then existing import arrangements.
The changes to be considered may include any of the
following measures:

— liberalization,

— liberalization with surveillance of imports,

— adoption of appropriate measures by the USSR such as
the issue of export licences or certificates to ensure that
exports remain within specified levels,

— measures that may be required to adapt existing
Community import arrangements.

_Article 10_

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

2. The Contracting Parties shall hold consultations each
year in the Joint Committee provided for in Article 22 to
determine what increases can be made in the quotas referred
to in paragraph 1 and whether quotas can be opened for
other products for the following year.

_Article 11_

1. The Community undertakes to abolish by 31
December 1995 at the latest the remaining specific
quantitative restrictions with the exception of those
concerning a limited number of products which might be
deemed sensitive at that time.

2. 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 the imports of the sensitive products referred to in
paragraph 1.

_Article 12_

Imports into the Community of products covered by this
Agreement shall not be charged against the quotas referred to
in Article 10 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_

The Parties shall inform one another of any changes in their
tariff or statistical nomenclature or of any decision taken in
accordance with the procedures in force concerning the
classification of products covered by this Agreement.

_Article 14_

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

_Article 15_

1. The Contracting Parties shall try to avoid conflict
situations requiring safeguard measures in mutual trade. If
nevertheless problems arise in trade between the Contracting
Parties, the Parties shall open consultations not later than 30
days after the submission by one of them of an appropriate
request within the framework of the Joint Committee set up
in accordance with Article 22 of this Agreement. Such
consultations will aim at seeking mutually satisfactory
solutions to these problems. Each Contracting Party will
ensure that except in critical circumstances, as defined in
paragraph 4, no action is taken before consultations are
held.

2. In particular, the provisions of paragraph 1 shall apply
if any product is being imported into the territory of one of
the Parties in such increased quantities or under such
conditions as to cause or threaten to cause injury to domestic
producers of like or directly competitive products. In this
case the Contracting Party requesting the consultations shall
provide the other Party with all the information required for
a detailed examination of the situation.

3. If as a result of the consultations the Parties do not

reach agreement on actions to avoid the situation, the Party
which requested 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.

4. In critical circumstances where delay would cause
damage difficult to repair the Parties may take safeguard
actions provisionally before the consultations, on the

N o C 58/6 Official Journal of the European Communities 8. 3. 90

condition that consultations shall be effected immediately
after taking such action.

5. In the selection of measures under this Article the

Parties shall give priority to those which cause least
disturbance to the achievement of the goals of the
Agreement.

_Article 16_

1. The Agreement shall not preclude prohibitions or
restrictions on imports, exports or goods in transit justified
on grounds of public morality, law and order or public
security, the protection of life and health of humans, animals
or plants, the protection of industrial, commercial and
intellectual property, or rules relating to gold or silver or
imposed for the protection of national treasures of artistic,
historic or archaeological value.

Such prohibitions and restrictions must not, however,
constitute a means of arbitrary discrimination or a disguised
restriction on trade between the Contracting Parties.

2. The Agreement shall not preclude the taking of action
justified on grounds of protection of essential security
interests:

(i) relating to fissionable materials or the materials from
which they are derived;

(ii) relating to the traffic in arms, ammunition and
implements of war and to such traffic in other goods
and materials as is carried on directly or indirectly for
the purpose of supplying a military establishment;

(iii) taken in time of war or other emergency in international
relations.

TITLE III

Commercial and economic cooperation

_Article 17_

1. The Contracting Parties shall make every effort to
promote, expand and diversify their trade. The Joint
Committee set up by Article 22 of this Agreement shall attach
special importance to ways of encouraging the reciprocal and
harmonious expansion of trade.

2. The Contracting Parties undertake to facilitate
exchanges of commercial and economic information on all
matters which would assist the development of trade and
economic cooperation.

To this end the Contracting Parties agree to ensure the
publication of comprehensive data on commercial and
financial issues, including production, consumption and
foreign trade statistics.

3. The Contracting Parties undertake to facilitate
cooperation between their respective customs services, in
particular in the following areas:

— vocational training,

— simplification of customs documentation and
procedures, and

— within the limits of their respective competences,
administrative cooperation in order to prevent and detect
infringements of the rules on customs matters, including
the rules governing application of import quotas.

4. The Contracting Parties, within the limits of their
respective powers, undertake to facilitate their trade and
economic cooperation, _inter alia,_ by the following:

— encouraging trade promotion activities in favour of their
enterprises, including advertising, consulting, factoring
and other business services,

— providing natural and legal persons of the other Party
with guarantees of their individual and property rights,
including non-discriminatory access for that purpose to
courts and appropriate administrative bodies of the
Community and the USSR,

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

5. The Contracting Parties will encourage forms of trade
compatible with the efficient conduct of international
business relations and will also encourage business partners
to decide independently upon their trading patterns.

The Contracting Parties therefore agree that counter-trade
practices should be regarded as temporary and exceptional.
They further agree not to compel companies established in
the Community or in the USSR to engage in such trade
practices. Nevertheless, where firms or companies decide to
resort to counter-trade operations, the Contracting Parties
will encourage them to furnish all relevant information to
facilitate the transaction.

6. 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 on their respective markets,
_inter alia_ as indicated in Annex III.

_Article 18_

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

8. 3. 90 Official Journal of the European Communities N o C 58/7

cooperation transactions concluded by firms, enterprises
and economic organizations of the Community and those
of the USSR,

— agree that where a dispute is submitted to arbitration,
each party to the dispute may, except where the rules of
the arbitration centre chosen by the parties provide
otherwise, 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,

— will recommend to their economic operators to choose by
mutual consent the law applicable to their contracts,

— 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.

_Article 19_

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

— to ensure adequate protection and enforcement of
industrial, commercial and intellectual property rights,

— to ensure that their international commitments in the

field of industrial, commercial and intellectual property
rights are honoured,

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

TITLE IV

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.

Such cooperation shall be aimed in particular at:

— strengthening and diversifying economic links between
the Contracting Parties, taking into consideration the
complementarity of their economies,

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

— opening up new sources of supply and new markets,

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

— encouraging participation of small and medium-sized
enterprises in trade and cooperation,

— encouraging environmentally sound policies,

— encouraging scientific and technological progress.

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

— statistics,

— standardization,

— industry,

— raw materials and mining,

— agriculture, including the food-processing industries,

— environmental protection and the management of natural

resources,

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

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

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

— transport, tourism and other service activities,

— management and vocational training.

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

— facilitating exchanges and contacts between persons and
delegations representing commercial, economic, business
or other appropriate organizations,

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

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

— promoting activities involving the provision of technical
expertise in appropriate areas,

N o C 58/8 Official Journal of the European Communities 8. 3. 90

promoting the exchange of information and contacts on
scientific subjects of mutual interest,

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

_Article 21_

Without prejudice to the relevant provisions of the Treaties
establishing the European Communities, this Agreement and
any action thereunder shall in no way affect the powers of the
Member States of the Community to undertake bilateral
activities with the USSR in the field of economic cooperation
and to conclude, where appropriate, new economic
cooperation agreements with the USSR.

TITLE V

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 the USSR, on the other.

The joint committee shall
recommendations by mutual consent.

formulate

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 diversification, the trade
balance and the various forms of trade and trade

promotion,

— make recommendations on any commercial or
economic cooperation problem of mutual

concern,

— 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 the USSR,

exchange information on macro-economic plans
and, where they exist, foreign trade plans and
forecasts for the economies of the Parties which

have an impact on trade and cooperation and,
by extension, on the scope for developing
complementarity between their respective
economies and also on proposed economic
development programmes,

exchange information about 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 cooperation in the economic field
between the Contracting Parties on a mutually
advantageous basis, 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 the
USSR,

formulate and submit to the authorities of the

Contracting Parties recommendations for
solving any problems that arise, where
appropriate by concluding arrangements or
agreements,

examine the situation with regard to the award
of contracts for the supply of goods or services
consequent upon international invitations to
tender.

(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 Moscow alternately. Special meetings
may be convened by mutual agreement, at the
request of either Contracting Party. The office of
chairman of the Joint Committee shall be held

alternately by each of the Contracting Parties.
Wherever possible, the agenda for meetings of the
joint committee shall be agreed beforehand.

(a) The joint committee shall ensure the proper
functioning of this Agreement and shall devise and
recommend 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

8. 3. 90 Official Journal of the European Communities N o C 58/9

TITLE VI

General and final provisions

_Article 23_

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 the USSR, 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 those Treaties and, on the other hand, _to_ the territory of
the Union of Soviet Socialist Republics.

_Article 25_

1. 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 10
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

developments.

2. The Annexes, the Joint Declaration and the exchange
of letters 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 Russian languages, each text being
equally authentic.

No C 58/10 Official Journal of the European Communities 8. 3. 90

_ANNEX_ _I_

List of products and regions of the Community referred to in the second indent of Article 8

_mt'd)_

```
 1806 31 00

 1806 32 10

 1806 32 90

 1806 90 11

 1806 90 19

 1806 90 31

 1806 90 39

 1806 90 50

 1806 90 60

 1806 90 70

 1806 90 90

 6906 00 00

 7318 11 00

 7318 12 10

 7318 12 90

 7318 13 00

 7318 14 10

 7318 14 91

 7318 14 99

 7318 15 20

 7318 15 49

 7318 15 61

 7318 15 69

 7318 15 70

 7318 15 89

 7318 16 99

 9603 29 10

 9603 29 30

 9603 30 10

 9603 40 10

 9603 40 90

 9603 90 91

```

GREECE

4010 91 00

4010 99 00

```
 7325 91 00

 7326 11 00

 7326 20 30

 8215 10 10

 8215 20 10

 8215 20 90

 8215 99 10

 8506 19 10

 8506 19 90

 8508 20 00

 8508 90 00

SPAIN

 2529 10 00

 2529 21 00

 2529 22 00

 2529 30 00

```

BENELUX

0701 90 51

0702 00 90

```
 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 20 90

 1806 31 00

 1806 32 10

 1806 32 90

 1806 90 11

 1806 90 19

 1806 90 31

 1806 90 39

 1806 90 50

 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

6x7017 20 00 0

ex 7017 90 00

 7905 00 11

 7905 00 19

 7905 00 90

ex 8501 20 10( [2] )

ex 8501 31 10

ex 8501 32 10

ex 8501 33 10

ex 8501 40 10

ex 8501 51 10

ex 8501 51 90

ex 8501 52 10

ex 8501 52 91

ex 8501 52 93

```

```
BENELUX

```

_(cont'd)_

```
ex 8501 52 99

ex 8501 53 10

ex 8501 53 91

ex 8501 53 99

FEDERAL

REPUBLIC

OF GERMANY

 0712 10 00

 2833 22 00

 3102 40 10

 4202 11 10

 4202 11 90

 4202 21 00

 4202 31 00

 4202 91 10

 4202 91 50

 4202 91 90

 4202 92 15

 4202 92 95

 4202 99 10

 4203 29 91

 4203 29 99

 4410 10 10

 4410 10 50

 4411 11 10

 4411 21 00

 4411 31 00

 4411 91 00

 4411 99 00

 6403 19 00

 6403 20 00

 6403 40 00

 6403 51 11

 6403 51 91

 6403 59 31

 6403 59 91

 6403 91 11

 6403 91 91

 6403 99 31

 6403 99 91

 6801 00 00

 6815 91 00

 6902 10 00

 6908 90 51

 6912 00 90

 7013 21 11

 7013 21 19

 7013 31 10

 7013 91 10

```

FEDERAL

REPUBLIC

OF GERMANY
_(cont'd)_

```
 7117 19 10

 7117 90 00

 7202 41 90

 7202 80 00

 7202 92 00

 7208 80 00

 7214 10 00

 7307 19 10

 7318 12 10

 7318 12 90

 7318 15 81

 7318 16 30

 7318 16 50

 7318 16 91

 7318 16 99

 7601 10 00

 7601 20 10

 7601 20 90

 7905 00 11

 8901 10 90

 8901 20 90

 8901 30 90

 8901 90 91

 8901 90 99

 8902 00 90

 9025 11 91

 9205 10 00

 9503 30 10

 9503 41 00

 9503 49 10

 9503 49 90

 9503 60 10

 9503 90 37

 9503 90 99

 9505 10 10

```

9617 00 11

9617 00 19

DENMARK

```
 1806 10 10

 1806 10 30

 1806 10 90

 1806 20 10

 1806 20 30

 1806 20 50

 1806 20 70

 1806 20 90

```

```
8. 3. 90 Official Journal of the European Communities NoC 58/11

```

```
ITALY

```

_(cont'd)_

```
 3604 10 00

 3604 90 00

 3606 10 00

 3606 90 10

 3606 90 90

 3701 20 00

 3801 30 00

 3808 30 30

 3808 30 90

```

`3811 21` _00_

```
 3816 00 00

 3818 00 10

 3819 00 00

 3823 20 00

 3823 30 00

 3823 50 10

 3823 60 11

 3823 60 19

 3823 60 91

 3823 60 99

 3823 90 30

 3823 90 50

```

`3823` _90_ `60`

```
 3823 90 81

 3823 90 83

 3823 90 87

 3823 90 93

 3907 20 19

 3920 73 10

 4104 31 90

 4104 39 90

 4410 10 30

 4418 30 10

 4418 30 90

 4501 10 00

 4501 19 00

 4502 00 00

 4802 30 00

 4804 19 39

 4804 29 10

 4804 31 10

 4804 39 10

 4805 40 00

 4805 50 00

 4805 80 11

 4808 20 00

 4808 30 00

 4814 20 00

 6401 10 10

 6401 10 90

 6401 91 10

```

```
SPAIN

```

_(cont'd)_

```
 2903 14 00

 2903 21 00

 2903 22 00

 2903 23 00

 2903 29 00

 2903 30 10

 2903 30 31

 2903 30 39

 2905 14 10

 2905 16 90

 2905 19 90

 2905 22 10

 2905 22 90

 2905 29 00

 2905 49 90

 2905 50 10

 2905 50 30

 2917 14 00

 2917 34 10

 2929 10 00

 2933 61 00

 2933 71 00

 2933 90 50

 2933 90 60

 2933 90 70

 2934 90 50

 2934 90 60

 2934 90 80

 3206 49 10

 3301 11 10

 3301 12 10

 3301 13 10

 3904 61 00

 3907 20 11

 3907 20 19

ex 3909 10 00 ( [3] )

 3916 10 00

 3917 21 10

 3917 32 31

 3920 73 10

 4002 60 00

 4203 29 10

 4203 29 91

 4410 10 30

 4410 90 10

 7017 20 00

```

8110 00 19

8110 00 90

8545 19 10

8705 40 00

FRANCE

8528 20 71

8528 20 73

8528 20 79

IRELAND

```
 401140 00

 4011 50 10

 4011 50 90

 4013 20 00

 4013 90 10

 6906 00 00

 6912 00 30

 9404 29 90

 9404 30 10

```

`9404` _30_ `90`

```
 9404 90 10

ITALY

 0701 90 51

 0701 90 59

 0710 10 00

 0712 10 00

 2009 11 19

 2208 10 10

 2209 00 99

 2402 10 00

 2523 10 00

 2523 21 00

 2523 30 00

 2523 90 10

 2523 90 30

 2529 21 00

 2529 22 00

 2529 30 00

 2704 00 11

 2704 00 90

 2815 12 00

 2818 30 00

 2824 10 00

 2824 90 00

 2833 22 00

 2833 30 10

 2840 30 00

 2841 20 00

 2849 10 00

 2849 90 90

 2903 14 00

 2903 30 10

 2903 30 31

```

```
ITALY

```

_(cont'd)_

```
 2903 30 39

 2903 40 00

 2904 10 00

 2904 90 10

 2905 14 10

 2905 22 10

 2905 22 90

 2905 50 30

 2907 23 10

 2912 11 00

 2912 12 00

 2912 50 00

 2912 60 00

 2918 30 00

 2921 12 00

 2921 19 30

 2921 30 10

 2921 51 90

 2921 59 00

 2922 12 00

 2922 49 10

 2929 10 00

 2932 11 00

 2933 11 10

 2933 61 00

 2933 79 00

 2933 90 50

 2933 90 60

```

_2933_ `90 70`

```
 2934 90 40

 2934 90 50

 2934 90 60

 2934 90 80

 2936 26 00

 3003 20 00

```

`3003` `31` _00_

```
 3003 39 00

 3003 40 00

 3003 90 10

 3102 10 91

 3102 10 99

 3102 29 10

 3102 30 10

 3102 40 10

 3102 40 90

  3102 60 00

 3102 80 00

  3102 90 00

 3105 60 10

 3105 90 10

 3206 49 10

 3602 00 00

 3603 00 10

```

No C 58/12 Official Journal of the European Communities 8. 3. 90

```
ITALY

```

_(cont'd)_

```
 8545 11 00

 8545 19 10

 8545 90 10

 8546 90 10

 8701 20 10

 8705 40 00

 8710 00 00

 8714 20 00

 8714 91 30

 8714 92 10

 8714 92 90

 8714 93 10

 8714 96 10

 8714 96 30

 8714 99 10

 8714 99 30

 8714 99 50

 9306 30 30

 9306 90 10

UNITED

KINGDOM

 0701 90 10

 0701 90 51

 0701 90 59

 3605 00 00

```

```
ITALY

```

_(cont'd)_

```
 6401 92 10

 6401 92 90

 6401 99 10

 6401 99 90

 6402 11 00

 6402 19 00

 6402 20 00

 6402 30 90

 6402 91 10

 6402 91 90

 6402 99 10

 6402 99 39

 6402 99 50

 6402 99 91

 6402 99 95

 6402 99 99

 6403 11 00

 6403 30 00

 6403 51 11

 6403 51 91

 6403 59 11

 6403 91 11

 6403 91 91

 6403 99 31

 6601 99 10

 6601 99 90

 6904 10 00

 6904 90 00

 6908 90 51

 6908 90 91

```

```
ITALY

```

_(cont'd)_

```
 6912 00 30

 7003 20 10

 7003 20 90

 7004 10 30

 7004 90 50

 7005 30 00

 7016 90 30

 7604 10 10

 7604 10 90

 7604 21 00

 7606 11 10

 7606 11 91

 7606 11 93

 7606 11 99

 7606 12 10

 7606 12 50

 7606 92 00

 7607 11 10

 7607 11 90

 7607 19 10

 7607 19 90

 7607 20 10

 7607 20 90

 7608 10 10

 7608 10 91

 7608 10 99

 7608 20 10

```

```
ITALY

```

_(cont'd)_

```
 7608 20 30

 7608 20 91

 7608 20 99

 7609 00 00

 7803 00 00

 7804 11 00

 7804 19 00

 7805 00 00

 7902 00 00

 7903 90 00

 7904 00 00

 7905 00 19

 7906 00 00

 8408 10 21

 8408 10 25

 8408 90 31

 8443 11 00

 8443 21 00

 8443 29 00

 8443 30 00

 8443 40 00

 8452 40 00

 8543 80 10

```

Notes to Annex I, explaining the partial liberalization of certain products:

(') ex7017 20 00 laboratory glassware.

ex7017 90 00

( [2] ) ex 8501 20 10 Motors of an output exceeding 0,75 kW but not exceeding 150 kW.

to 8501 53 99

( [3] ) ex 3909 10 00 Urea glues.

8. 3. 90 Official Journal of the European Communities No C 5 8 / 1 3

_ANNEX II_

List of products and regions of the Community referred to in the third indent of Article 8

The schemes for the suspension of quantitative restrictions referred to below have been established in order to
permit the import of the products concerned without a quantitative limit on an experimental and temporary basis.
In consequence, in particular instances, as a result of USSR exports to the regions of the Community concerned,
market trends may make it necessary for the Community to discontinue this practice; in this event, the USSR will be
informed to this effect immediately.

```
A. BENELUX: (automatic

  licensing arrangements —

  TLA)

   0701 90 59

  ex 7004 90 95 (')

```

`7004 90` _99_

```
   7010 90 10

   7010 90 21

   7010 90 31

   7010 90 45

   7010 90 47

   7010 90 55

   7010 90 57

   7010 90 71

   7010 90 81

   7010 90 87

   7010 90 99

  Textile categories

   125A
  ex 126 ( [2] )

   127 A

   148A

   149A

   149B

   149C

```

```
B. FRANCE: (system
  without quantitative

  limits — SLQ)

   7601 10 00

   7601 20 10

   7601 20 90

C. ITALY: (automatic

  licensing arrangements —

  TLA)

   4411 11 00

   4411 19 00

   4411 21 00

   4411 29 00

   4411 31 00

   4411 39 00

   4411 91 00

   4411 99 00

   4804 11 11

   4804 11 15

   4804 11 19

   4804 19 11

   4804 19 15

   480419 19

   4804 19 31

   4804 19 35

   4804 21 10

```

```
C. ITALY

```

_(cont'd)_

```
   4804 39 51

   4804 39 59

   4804 41 10

   4804 42 10

   4804 49 10

   4804 51 10

```

`4804` _52_ `10`

`4804` _59_ `10`

```
   4910 00 00

   7003 11 90

   7003 19 90

   7003 30 00

   7004 10 50

   7004 10 90

   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_

```
C. ITALY

```

_(cont'd)_

```
   7005 10 91

   7005 10 93

   7005 10 95

   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

   7016 90 10

   8443 12 00

   8443 19 11

   8443 19 19

   8443 19 90

   8443 50 19

   8443 50 90

   8443 90 90

```

Notes to Annex II, explaining the suspension of a partial restriction on certain products:

(>) ex 7004 90 95: glass for polishing.
( [2] ) ex category 126: all CN codes except 5502 00 10, 5502 00 90.

N o C 58/14 Official Journal of the European Communities 8. 3. 90

_ANNEX III_

Declaration of the USSR on the implementation of Article 17 (6) of the Agreement

Bearing in mind the provisions of the Final Act of the Conference on Security and Cooperation in Europe and the
concluding documents of the subsequent meetings of the CSCE Participating States, and in the context of its
economic reforms, the USSR, within the limits of its powers, undertakes, in order to facilitate commercial and
economic cooperation and to encourage mutual trade, to take measures such as:

(a) facilitating the entry, stay and movement of Community businessmen in the USSR;

(b) facilitating direct access of Community businessmen to business contacts and end-users in the USSR;

(c) facilitating, on a non-discriminatory basis and on the basis of non-discriminatory prices, the establishment
and operation of representative offices of Community firms in the USSR, including the renting of commercial
premises and living space, the acquisition of equipment and transport facilities, access to telecommunications,
utilities and social services;

(d) facilitating on a non-discriminatory basis the free recruitment of local staff required by such firms;

(e) not encouraging barter transactions by firms established in the USSR;

(f) centralizing licensing in the USSR within one competent state body in order to ensure the proper
implementation of the provisions of Article 5 of the Agreement.

Joint Declaration of the Community and the USSR concerning Article 23

It is understood that the Agreements concluded between the Member States of the Community and the USSR,
referred to in Article 23, may include _inter alia_ agreements on trade and navigation.

8. 3. 90 Official Journal of the European Communities No C 58/15

AGREEMENT

in the form of an Exchange of Letters between the European Economic Community and the European
Atomic Energy Community and the Union of Soviet Socialist Republics concerning

'Testausschreibung'

A. LETTER FROM THE COMMUNITY

The Head of the Delegation
of the European Economic Community
and of the European Atomic Energy Community

Sir,

Since the beginning of 1980, a new import scheme aimed at subsequent 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 the USSR
attaches to the expansion of economic relations and the USSR's contractual relations with the
Community will be taken into consideration.

In the event that, in particular instances, as a result of USSR exports to the Federal Republic of
Germany, market trends make it necessary to discontinue this practice, the USSR will be informed to
this effect immediately and prior consultation may take place if the USSR 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 Commission_

_and the Council_

_of the European_ _Communities_

To the Head of the Delegation of
the Union of Soviet Socialist Republics

B. LETTER FROM THE USSR

Sir,

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

'Since the beginning of 1980, a new import scheme aimed at subsequent 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.

N o C 58/16 Official Journal of the European Communities 8. 3. 90

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
the USSR attaches to the expansion of economic relations and the USSR's contractual relations
with the Community will be taken into consideration.

In the event that, in particular instances, as a result of USSR exports to the Federal Republic of
Germany, market trends make it necessary to discontinue this practice, the USSR will be informed
to this effect immediately and prior consultation may take place if the USSR 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.

_On behalf of the Government of the USSR_

To the Head of the Delegation
of the European Economic Community
and of the European Atomic Energy Community

Proposal for a Council Directive on the wholesale distribution of medicinal products for

human use

_COM(89) 607 final SYN 229_

_(Submitted by the Commission on 26 January_ _1_ _990)_

(90/C 58/03)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a
thereof,

Having regard to the proposal from the Commission,

in cooperation with the European Parliament,

Having regard to the opinion of the Economic and Social
Committee,

Whereas it is important to adopt measures with the aim of
progressively establishing the internal market over a period
expiring on 31 December 1992; whereas the internal market
is to comprise an area without internal frontiers in which the
free movement of goods, persons, services and capital is
ensured;

Whereas the wholesale distribution of medicinal products for
human use is at present subject to different provisions in the
various Member States; whereas many operations involving

the wholesale distribution of medicinal products may cover
simultaneously several Member States;

Whereas it is necessary to exercise control over the entire
chain of distribution of medicinal products, from their
manufacture or import into the Community through to
supply to the public, so as to guarantee that such products are
stored, transported and handled in suitable conditions;
Whereas the requirements which must be adopted for this
purpose will considerably facilitate the withdrawal of
defective products from the market and allow more effective
efforts against counterfeit products;

Whereas any person involved in the wholesale distribution of
medicinal products should be in possession of a special
authorization; whereas pharmacists and persons authorized
to supply medicinal products directly to the public, and who
confine themselves to this activity, should be exempt from
obtaining this authorization; whereas it is always necessary
in order to control the complete chain of distribution of
medicinal products, that pharmacists and persons authorized
to deliver medicinal products to the public keep records
showing entry transactions;