Source: EURLEX
Language: en
Format: md

20 . 3 . 96 I EN Official Journal of the European Communities No L 71 / 137

FINAL ACT

The plenipotentiaries of the EUROPEAN COMMUNITY and the EUROPEAN COAL AND STEEL
COMMUNITY,

hereinafter referred to as ' the Community ',

of the one part,

and the plenipotentiary of the STATE OF ISRAEL hereinafter referred to as ' Israel ',

of the other part,

meeting at Brussels on the 18th day of December in the year one thousand nine hundred and
ninety-five for the signature of the Interim Agreement on trade and trade-related matters
between the European Community and the European Coal and Steel Community, of the one
part, and the State of Israel, of the other part, hereinafter referred to as the ' Agreement ' have
adopted the following texts :

the Agreement, the Annexes thereto and the following Protocols :

Protocol 1 concerning the arrangements applicable to the importation into the
Community of Agricultural Products originating in Israel

Protocol 2 concerning the arrangements applicable to the importation into Israel of
Agricultural Products originating in the Community

Protocol 3 concerning plant protection matters

Protocol 4 concerning the definition of ' originating products ' and methods of
administrative cooperation

Protocol 5 on mutual assistance between administrative authorities in customs

matters .

The plenipotentiaries of the Community and the plenipotentiary of Israel have adopted the texts
of the Joint Declarations listed below and annexed to this Final Act :

Joint Declaration relating to Article 1 of the Agreement

Joint Declaration relating to Article 2 ( 2 ) of the Agreement

Joint Declaration relating to Article 5 ( 2 ) of the Agreement

Joint Declaration relating to Article 28 of and Annex VII to the Agreement

Joint Declaration relating to Article 31 of the Agreement

Joint Declaration relating to Article 32 of the Agreement

Joint Declaration on Veterinary Matters

Joint Declaration relating to Protocol 4 of the Agreement .

The plenipotentiaries of the Community and the plenipotentiary of Israel have also taken note
of the following Exchanges of Letters annexed to this Final Act :

Agreement in the form of an Exchange of Letters concerning outstanding bilateral issues,

No L 71 / 138 HEN Official Journal of the European Communities 20 . 3 . 96

Agreement in the form of an Exchange of Letters relating to Protocol 1 and concerning
imports into the Community of fresh cut flowers and flower buds falling within subheading
0603 10 of the Common Customs Tariff

Agreement in the form of an Exchange of Letters regarding the implementation of the
Uruguay Round Agreements .

The plenipotentiary of Israel has taken note of the Declarations by the European Community
mentioned below and annexed to this Final Act :

Declaration relating to Article 24 of the Agreement on Cumulation of origin,

Declaration relating to Article 24 of the Agreement on Adaptation of Rules of Origin,

Declaration relating to Article 25 of the Agreement .

Hecho en Bruselas, el dieciocho de diciembre de mil novecientos noventa y cinco .

Udfærdiget i Bruxelles den attende december nitten hundrede og femoghalvfems .

Geschehen zu Brüssel am achtzehnten Dezember neunzehnhundertfünfundneunzig .

Έγινε στις Βρυξέλλες, στις δέκα οκτώ Δεκεμβρίου χίλια εννιακόσια ενενήντα πέντε .

Done at Brussels on the eighteenth day of December in the year one thousand nine hundred
and ninety-five .

Fait à Bruxelles, le dix-huit décembre mil neuf cent quatre-vingt-quinze .

Fatto a Bruxelles, addì diciotto dicembre millenovecentonovantacinque .

Gedaan te Brussel, de achttiende december negentienhonderd vijfennegentig .

Feito em Bruxelas, em dezoito de Dezembro de mil novecentos e noventa e cinco .

Tehty Brysselissä kahdeksantenatoista päivänä joulukuuta vuonna
tuhatyhdeksänsataayhdeksänkymmentäviisi .

Som skedde i Bryssel den artonde december nittonhundranittiofem .

# n ™ " nnra n n mun n ™ r røn ' > onna main

.« ram

20 . 3 . 96 | EN 1 Official Journal of the European Communities No L 71 / 139

Por las Comunidades Europeas

For De Europæiske Fællesskaber

Für die Europäischen Gemeinschaften

Για τις Ευρωπαϊκές Κοινότητες

For the European Communities

Pour les Communautés européennes

Per le Comunità europee

Voor de Europese Gemeenschappen

Pelas Comunidades Europeias

Euroopan yhteisöjen puolesta

På Europeiska gemenskapernas vägnar

### ' Jinn um

No L 71 / 140 | EN I Official Journal of the European Communities 20 . 3 . 96

JOINT DECLARATIONS

Joint Declaration relating to Article 1

The Parties reaffirm the importance they attach to the respect of human rights as set out in the
UN Charter including the struggle against xenophobia, anti-semitism and racism .

Joint Declaration relating to Article 2 ( 2 )

In case of changes in the nomenclature used for the classification of agricultural goods or
non-Annex II processed agricultural products, the Parties agree to hold consultations in order to
agree the adaptations which would appear necessary to maintain the existing concessions .

Joint Declaration relating to Article 5 ( 2 )

With a view to ensuring the smooth application of the prior notification, provided for in Article

5 ( 2 ) of the Agreement, Israel shall transmit to the Commission, within an appropriate period
before adoption, in an informal and confidential manner, the elements of the calculation of the
agricultural component to be applied . The Commission shall inform Israel of its assessment
within a period of 10 working days .

Joint Declaration relating to Article 29 and Annex VII

For the purpose of this Agreement, intellectual, industrial and commercial property includes in
particular copyright, including the copyright in computer programmes, and neighbouring rights,
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 ( Stockholm Act, 1967 ) and protection of undisclosed information on
' know-how '.

It is understood that in the translation of the Agreement into Hebrew the expression
' intellectual, industrial and commercial property ' will be translated into the Hebrew term
corresponding to ' intellectual property '.

Joint Declaration on Article 31

The Cooperation Council 's rules of procedure will provide for the possibility of decisions to be
adopted by written procedure .

Joint Declaration relating to Article 32

When the arbitration procedure is applied, the Parties will endeavour to ensure that the
Cooperation Council appoints the third arbitrator within two months of the appointment of the
second arbitrator .

20 . 3 . 96 I EN 1 Official Journal of the European Communities No L 71 / 141

Joint Declaration on Veterinary Matters

The Parties shall seek to apply their rules on veterinary matters in a non-discriminatory manner
and not to introduce any new measures that have the effect of unduly obstructing trade .

Joint Declaration relating to Protocol 4

The Community and Israel agree that working or processing carried out outside the Parties shall
be effected by means of outward processing or a similar system .

No L 71 / 142 EN Official Journal of the European Communities 20 . 3 . 96

AGREEMENT

in the form of an exchange of letters between the Community and Israel concerning outstanding

bilateral issues

A. Letter from the Community

Sir,

The Community and Israel note the agreement reached on implementing an acceptable solution
to all bilateral issues still outstanding concerning the application of the Cooperation Agreement
of 1975 .

I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter .

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

On behalf of the Council of the European Union

B. Letter from Israel

Sir,

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

' The Community and Israel note the agreement reached on implementing an acceptable
solution to all bilateral issues still outstanding concerning the application of the Cooperation
Agreement of 1975 .

I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter .'

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 Israel

20 . 3 . 96 Γ ΕΝ Official Journal of the European Communities No L 71 / 143

AGREEMENT

in the form of an exchange of letters between the Community and Israel relating to Protocol 1
and concerning imports into the Community of fresh cut flowers and flower buds falling within

subheading 0603 10 of the Common Customs Tariff

A. Letter from the Community

Sir,

The following was agreed between the Community and Israel :

Protocol 1 provides for the elimination of customs duties on imports into the Community of cut
flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs
Tariff and originating in Israel, subject to a limit of 19 500 tonnes .

Israel undertakes to abide by the conditions laid down below for imports into the Community
of roses and carnations which qualify for the elimination of this tariff :

— the price level of imports into the Community must be at least equal to 85 % of the

Community price level for the same products over the same periods,

— the Israeli price level shall be determined by recording the prices of the imported products,

on representative Community import markets,

— the Community price level shall be based on the producer prices recorded on representative

markets of the main producer Member States,

— price levels will be recorded on a fortnightly basis and weighted by the respective quantities .

This provision is valid for Community prices and for Israeli prices,

— for both Community producer prices and the import prices of Israeli products, a distinction

shall be made between large-flowered and small-flowered roses and between unifloral and
multifloral carnations,

— if the Israeli price level for any one type of product is below 85 % of the Community price

level, the tariff preference shall be suspended . The Community shall reinstate the tariff
preference when an Israeli price level equal to 85 % or more of the Community price level is
recorded .

Israel further undertakes to maintain the traditional breakdown of trade between roses and

carnations .

Should the Community market be disturbed by a change in this breakdown, the Community
reserves the right to determine the proportions in line with traditional trade, patterns . In such
cases, an appropriate exchange of views could take place .

I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter .

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

On behalf of the Council of the European Union

No L 71 / 144 I £N Official Journal of the European Communities 20 . 3 . 96

B. Letter from Israel

Sir,

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

' The following was agreed between the Community and Israel :

Protocol 1 provides for the elimination of customs duties on imports into the Community of
cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common
Customs Tariff and originating in Israel, subject to a limit of 19 500 tonnes .

Israel undertakes to abide by the conditions laid down below for imports into the
Community of roses and carnations which qualify for the elimination of this tariff :

— the price level of imports into the Community must be at least equal to 85 % of the

Community price level for the same products over the same periods,

— the Israeli price level shall be determined by recording the prices of the imported products,

on representative Community import markets,

— the Community price level shall be based on the producer prices recorded on
representative markets of the main producer Member States,

— price levels will be recorded on a fortnightly basis and weighted by the respective

quantities . This provision is valid for Community prices and for Israeli prices,

— for both Community producer prices and the import prices of Israeli products, a

distinction shall be made between large-flowered and small-flowered roses and between
unifloral and multifloral carnations,

— if the Israeli price level for any one type of product is below 85 % of the Community

price level, the tariff preference shall be suspended . The Community shall reinstate the
tariff preference when an Israeli price level equal to 85 % or more of the Community
price level is recorded .

Israel further undertakes to maintain the traditional breakdown of trade between roses and

carnations .

Should the Community market be disturbed by a change in this breakdown, the Community
reserves the right to determine the proportions in line with traditional trade patterns . In such
cases, an appropriate exchange of views could take place .

I should be obliged if you would confirm that your Government is in agreement with the
contents of this letter .'

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

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

For the Government of Israel

20 . 3 . 96 Γ ΕΝ Official Journal of the European Communities No L 71 / 145

AGREEMENT

in the form of an exchange of letters between the Community and Israel regarding the

implementation of the Uruguay Round Agreements

A. Letter from the Community

Sir,

The Agreement reached between the European Community and Israel does not contain any
provisions regarding the new regime applied on the import of oranges into the Community . The
Parties will continue negotiations on this matter in order to find a solution before the beginning
of the marketing year 1995 / 1 996, i.e. 1 December . In this context, the Community has agreed
that Israel will not be treated less favourably than other Mediterranean partners .

By 1 December 1995, if an accord has not been reached regarding the entry price for oranges,
the Community will take all necessary measures to guarantee to Israel an adequate and
acceptable entry price for both Parties, which will enable the importation of 200 000 tonnes of
oranges from Israel, a figure which will imply a reduction of 30 % from the actual tariff quota
for oranges from Israel .

In addition, the Community will adopt the appropriate measures to allow the import into the
Community of traditional Israeli non-Annex II processed agricultural products covered by
concessions in the new Agreement .

Similarly, if necessary, Israel will take parallel measures to ensure the import of traditional
Community exports of agricultural products for the 1995 / 1996 season .

I should be grateful if you would kindly inform me whether the Government of Israel is in
agreement with the contents of this letter .

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

On behalf of the Council of the European Union

No L 71 / 146 | EN | Official Journal of the European Communities 20 . 3 . 96

B. Letter from Israel

Sir,

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

' The Agreement reached between the European Community and Israel does not contain any
provisions regarding the new regime applied on the import of oranges into the Community .
The Parties will continue negotiations on this matter in order to find a solution before the
beginning of the marketing year 1995 / 1 995, i.e. 1 December . In this context, the Community
has agreed that Israel will not be treated less favourably than other Mediterranean

partners .

By 1 December 1995, if an accord has not been reached regarding the entry price for oranges,
the Community will take all necessary measures to guarantee to Israel an adequate and
acceptable entry price for both Parties, which will enable the importation of 200 000 tonnes
of oranges from Israel, a figure which will imply a reduction of 30 % from the actual tariff
quota for oranges from Israel .

In addition, the Community will adopt the appropriate measures to allow the import into the
Community of traditional Israeli non-Annex II processed agricultural products covered by
concessions in the new Agreement .

Similarly, if necessary, Israel will take parallel measures to ensure the import of traditional
Community exports of agricultural products for the 1995 / 1996 season .

I should be grateful if you would kindly inform me whether the Government of Israel is in
agreement with the contents of this letter '.

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 .

Por the Government of Israel

20 . 3 . 96 1EN Official Journal of the European Communities No L 71 / 147

DECLARATIONS BY THE EUROPEAN COMMUNITY

Declaration by the European Community on cumulation of origin ( Article 24 )

In line with political developments, if and when Israel and one or more other Mediterranean
countries conclude Agreements to establish free trade among themselves, the European
Community is prepared to implement cumulation of origin in its trade arrangements with those
countries .

Declaration by the European Community on adaptation of rules of origin ( Article 24 )

In the framework of the ongoing process of harmonization of rules of origin applicable between
the Community and other third countries, the Community may in future submit to the
Cooperation Council the amendments to Protocol 4 that may be necessary .

Declaration by the European Community relating to Article 25

The Community declares that, in the context of the interpretation of Article 25 ( 1 ), it will assess
any practice contrary to that Article on the basis of the criteria resulting from the rules
contained in Articles 85, 86 and 92 of the Treaty establishing the European Community, and,
for products covered by the Treaty establishing the European Coal and Steel Community, from
those contained in Articles 65 and 66 of that Treaty and the Community rules on State aids,
including secondary legislation .

As regards the agricultural products referred to in Title II Chapter 3, the Community will assess
any practice contrary to paragraph 1 ( i ) of Article 25 according to the criteria established by the
Community on the basis of Articles 42 and 43 of the Treaty establishing the European
Community and in particular those established in Council Regulation No 26 of 1962 .