Source: EURLEX
Language: en
Format: md

30 . 4 . 92 Official Journal of the European Communities No L 116 / 237

FINAL ACT

The plenipotentiaries of the EUROPEAN ECONOMIC COMMUNITY and the
EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ' the
Community *, of the one part, and

the plenipotentiaries of the REPUBLIC OF HUNGARY, hereinafter referred to as ' Hungary       

of the other part,

meeting in Brussels on 16 December in the year one thousand nine hundred and ninety one for
the signature of the Interim Agreement on trade and trade-related matters between the
European Economic Community and the European Coal and Steel Community of one part and
the Republic of Hungary of the other part (' the Agreement '), have adopted the following texts :

the Agreement, and the following Protocols :

Protocol 1 on textile and clothing products

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

Protocol 3 on trade arrangements for processed agricultural products

Protocol 4 on rules of origin

Protocol 5 on specific provisions concerning trade between Hungary and Spain and
Portugal

Protocol 6 on mutual assistance in customs matters

Protocol 7 on concessions with annual limits .

The plenipotentiaries of the Community and the plenipotentiaries of Hungary have adopted

the texts of the joint declarations listet below and annexed to this Final Act :

joint Declaration on Article 1 ( 4 ) of the Agreement,

joint Declaration on Article 32 of the Agreement,

joint Declaration on Article 35 of the Agreement,

joint Declaration on Article 5 of Protocol 6 to the Agreement .

The plenipotentiaries of the Community and the plenipotentiaries of Hungary 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 certain arrangements in the
pig and poultry sectors,

exchange of letters concerning transit,

exchange of letters on land transport infrastructure .

No L 116 / 238 Official Journal of the European Communities 30 . 4 . 92

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

Community Declaration on Article 8 ( 4 ) of the Protocol 2 on ECSC products

Community Declaration concerning Protocol 6 .

The plenipotentiaries of the Community have taken note of the declarations listed below and

annexed to this Final Act :

declaration by Hungary concerning Article 1 of the Agreement,

declaration by Hungary concerning Article 4 of the Agreement,

declaration by Hungary concerning Article 35 of the Agreement,

letter from the Government of Hungary concerning Protocol 2 of the Agreement,

declaration by Hungary concerning Annexes DCa and IXc of the Agreement .

Hecho en Bruselas, el dieciséis de diciembre de mil novecientos noventa y uno .

Udfærdiget i Bruxelles, den sekstende december nitten hundrede og enoghalvfems .

Geschehen zu Brüssel am sechzehnten Dezember neunzehnhunderteinundneunzig .

Έγινε σης Βρυξέλλες, στις δέκα έξι Δεκεμβρίου χίλια εννιακόσια ενενήντα ένα .

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

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

Fatto a Bruxelles, addì sedici dicembre millenovecentonovantuno .

Gedaan te Brussel, de zestiende december negentienhonderd eenennegentig .'

Feito em Bruxelas, em dezasseis de Dezembro de mil novecentos e noventa e um .

Keszült Brüsszelben az ezerkilencszäzkilencvenegyedik 6v december hö tizenhatodik napjän .

30 . 4 . 92 Official Journal of the European Communities No L 116 / 239

Por el Consejo y la Comisión de las Comunidades Europeas

For Rådet og Kommissionen for De Europæiske Fællesskaber

Für den Rat und die Kommission der Europäischen Gemeinschaften

Για το Συμβούλιο και την Επιτροπή των Ευρωπαϊκών Κοινοτήτων

For the Council and the Commission of the European Communities

Pour le Conseil et la Commission des Communautés européennes

Per il Consiglio e la Commissione delle Comunità europee

Voor de Raad en de Commissie van de Europese Gemeenschappen

Pelo Conselho e pela Comissão das Comunidades Europeias

Az Európai Közösségek Tanácsa és Bizottsága nevében

Por el Gobierno de la República de Hungría

For Regeringen for Republikken Ungarn

Für die Regierung der Republik Ungarn

Για την κυβέρνηση της Δημοκρατίας της Ουγγαρίας

For the Government of the Republic of Hungary

Pour la gouvernement de la république de Hongrie

Per il governo della Repubblica ungherese

Voor de Regering van de Republiek Hongarije

Pelo Governo da República da Hungria

A Magyar Kôztársaság Kormánya nevében

NoL 116 / 240 Official Journal of the European Communities 30 . 4 . 92

JOINT DECLARATIONS

1 . Article 1 ( 4 )

The Community and Hungary confirm that where a reduction of duties is effected by way
of a suspension of duties made for a particular period of time, such reduced duties shall
replace the basic duties only for the period of such suspension, and that whenever a partial
suspension of duties is made, the preferential margin between the Parties will be preserved .

2 . Article 32

The Parties shall not make improper use of provisions on professional secrecy to prevent the
disclosure of information in the field of competition . v

3 . Article 35

The Parties agree that for the purpose of this Interim Agreement ' intellectual, industrial and
commercial property ' is to be given a similar meaning as in Article 36 of the EEC Treaty
and includes in particular protection of copyright and neighbouring rights, patents,
industrial designs, trademarks and service marks, software, topographies of integrated
circuits, geographical indications, as well as protection against unfair competition and
protection of undisclosed information on know-how .

4 . Article 5 of Protocol 6

The Parties stress that the reference which is made in this Article to their own legislation
may cover, where appropriate, any international commitment they could have contracted,
such as the Convention on the service abroad of judicial and extra-judicial documents in
civil or commercial matters, concluded in The Hague on 15 November 1965 .

30 . 4 . 92 Official Journal of the European Communities No L 116 / 241

AGREEMENT

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

Hungary concerning certain arrangements in the pig and poultrymeat sectors

Letter No 1

Brussels,

Sir,

I have the honour to refer to the discussions concerning trade arrangements for certain agri ­
cultural products between the Community and Hungary which have taken place in the
framework of the negotiations of the European Agreement .

I hereby confirm that in case the Community intends to apply supplementaiy levies in the pig
and poultrymeat sector on products listed in Annexes Villa and Xb of the Interim Agreement,
originating in Hungary, it will notify the Hungarian authorities . The Parties shall carry out
consultations within three working days in order to exchange all relevant information which
may allow the Community to examine the necessity of introducing such measures .

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

Accept, Sir, the assurance of my highest consideration .

On behalf of the Council
of the European Communities

No L 116 / 242 Official Journal of the European Communities 30 . 4 . 92

Letter No 2

Brussels,

Sir,

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

'I have the honour to refer to the discussions concerning trade arrangements for certain
agricultural products between the Community and Hungary which have taken place in the
framework of the negotiations of the European Agreement .

I hereby confirm that in case, the Community intends to apply supplementary levies in the
pig and poultrymeat sector on products listed in Annexes Villa and Xb of the Interim
Agreement, originating in Hungary, it will notify the Hungarian authorities . The Parties
shall carry out consultations within three working days in order to exchange all relevant
information which may allow the Community to examine the necessity of introducing such

measures .

I should be obliged if you would confirm that the Government of Hungary 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 .

Accept, Sir, the assurance of my highest consideration .

For the Government
of the Republic of Hungary

30 . 4 . 92 Official Journal of the European Communities No L 116 / 243

Exchange of letters between the European Economic Community (' the Community *) and

Hungary concerning transit

A. Letter from Hungary

Sir,

During the negotiations of the Europe an Agreement between the Communities and their
Member States and Hungary, the following agreement was reached :

1 . the Parties to the Europe an Agreement shall not take any measures which would prejudice

the situation resulting from the application of the existing bilateral agreements between the
Member States of the Community and Hungary ;

2 . ( a ) more particularly, within the framework of a global solution to the problems of transit

through Hungary for those Member States of the Community most directly concerned,
Hungary hereby grants in 1992, in addition to the existing quota granted prior hereto
pursuant to the bilateral agreements for 1991, permits in the following way :

1992

Untaxed 0

Taxable 5 200

Third country ( l ) 100

( l ) All existing and additional third country permits may be exchanged for transit permits in the

ratio 1 : 2 . ( One third country permit for two transit permits ).

All untaxed and taxable permits are of a round-trip character . For 1993 and 1994 the
total number of untaxed and taxable permits will be increased annually by five percent
so that the additional permits amount in 1993 to 300 untaxed and 6 160 taxable permits
and in 1994 to 615 untaxed and 7 168 taxable permits . The number of additional third
country permits remains 100 in each of the years 1993 and 1994 ;

# 2 . ( b ) the abovementioned rate of increase of 5 ° / o applied in 1993 and 1994 for untaxed and

taxable permits is subject to review, while maintaining the principle of standstill, if a
bilateral transport agreement between the Community and Hungary enters into force
before the end of 1994 . In case such an agreement can enter into force only at a later
date, the above mentioned permits will be subject to negotiation, while maintaining the
principle of standstill .

I should be obliged if you would confirm the agreement of the Community to the contents of
this letter .

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

For the Government of Hungary

No L 116 / 244 Official Journal of the European Communities 30 . 4 . 92

B. Letter from the Community

Sir,

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

' Sir,

During the negotiations of the Europe an Agreement between the Communities and their
Member States and Hungary, the following agreement was reached :

1 . the Parties to the Europe an Agreement shall not take any measures which would

prejudice the situation resulting from the application of the existing bilateral
agreements between the Member States of the Community and Hungary ;

2 . ( a ) more particularly, within the framework of a global solution to the problems of

transit through Hungary for those Member States of the Community most directly
concerned, Hungary hereby grants in 1992, in addition to the existing quota
granted prior hereto pursuant to the bilateral agreements for 1991, permits in the
following way :

1992

Untaxed

Taxable

Third country (')

0

5 200

100

(') All existing and additional third country permits may be exchanged for transit permits in

the ratio 1:2 . ( One third country permit for two transit permits ).

All untaxed and taxable permits are of a round-trip character . For 1993 and 1994
the total number of untaxed and taxable permits will be increased annually by five
percent so that the additional permits amount in 1993 to 300 untaxed and 6 160
taxable permits and in 1994 to 615 untaxed and 7 168 taxable permits . The number
of additional third country permits remains 100 in each of the years 1993 and 1994 ;

2 . ( b ) the abovementioned rate of increase of 5 % applied in 1993 and 1994 for untaxed

and taxable permits is subject to review, while maintaining the principle of
standstill, if a bilateral transport agreement between the Community and Hungary
enters into force before the end of 1994 . In case such an agreement can enter into
force only at a later date, the above mentioned permits will be subject to nego ­
tiation, while maintaining the principle of standstill

I should be obliged if you would confirm the agreement of the Community to the contents
of this letter .'

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

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

On behalf of the Community

30 . 4 . 92 Official Journal of the European Communities No L 116 / 245

Exchange of letters between the European Economic Community (' the Community ') and

Hungary on land transport infrastructure

A. Letter from the Community

Sir,

I have the honour of confirming to you herewith the position of the Community, expressed
during the negotiations of the European Agreement between the Communities and their
Member States and Hungary, that the Community shall, within the framework of the financial
mechanisms provided for in the Agreement, provide, as appropriate, financing for the
improvement of land transport infrastructure, including roads, railways, inland waterways and
combined transport .

In this context, I take note of the wish expressed by Hungary to consider projects related to
transit traffic through Hungary, such as the modernization and construction of railway lines
and motorways between Hegyeshalom and Budapest, and that between Budapest and Kelebia
as priority, since these represent major corridors for Community transit .

I also take note of the expectation expressed by Hungary to start discussions on the above
subject at an early stage, without prejudice to appraisal of projects according to existing
procedures .

I should be obliged if you would confirm the agreement of your Government to the contents of
this letter .

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

On behalf of the Community

No L 116 / 246 Official Journal of the European Communities 30 . 4 . 92

B. Letter from the Republic of Hungary

Sir,

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

' Sir

I have the honour of confirming to you herewith the position of the Community,
expressed during the negotiations of the European Agreement between the Communities
and their Member States and Hungary, that the Community shall, within the framework
of the financial mechanisms provided for in the Agreement, provide, as appropriate,
financing for die improvement of land transport infrastructure, including roads, railways,
inland waterways and combined transport .

In this context, I take note of the wish expressed by Hungary to consider projects related
to transit traffic through Hangary, such as the modernization and construction of railway
lines and motorways between Hegyeshalom and Budapest, and that between Budapest and
Kelebia as priority, since these represent major corridors for Community transit .

I also take note of die expectation expressed by Hungary to start discussions on the above
subject at an early stage, without prejudice to appraisal of projects according to existing
procedures .

I should be obliged if you would confirm the agreement of your Government to the
contents of this letter .'

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

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

For the Government
of the Republic of Hungary

30 . 4 . 92 Official Journal of the European Communities No L 116 / 247

Unilateral Declarations

Declarations by Hungary

1 . Article 1

Hungary will make every effort to adopt the combined nomenclature as soon as possible .

2 . Article 4

Hungary will reduce customs duties on imports applicable in Hungary to products orig ­
inating in the Community in such a way as to assure that the value of customs duty free
trade from 1 January 1994 will amount to at least 25 % of total industrial imports from the
Community on the basis of last year for which statistics will be then available .

3 . Article 35

By the end of the fifth year from the entry into force of the Agreement, Hungary shall
apply to accede to the Munich Convention on the Grant of European Patents of 5 October

1973 . Hungary shall also accede to the following multilateral conventions :

— Protocol relating to the Madrid Agreement concerning the international registration of

marks ( Madrid 1989 ),

— International Convention for the protection of performers, producers of phonograms

and broadcasting organizations ( Rome, 1961 ),

to which Member States are parties, or which are de facto applied by Member States .

Hungary declares that it also attaches importance to the following multilateral conventions :

— Berne Convention for the protection of literary and artistic works ( Paris Act, 1971 ),

— Paris Convention for the protection of industrial property ( Stockholm Act, 1967 and

amended in 1979 );

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

1967 and amended in 1979 );

— Nice Agreement concerning the international classification of goods and services for the

purposes of the registration of marks ( Geneva 1977, amended 1979 );

— Budapest Treaty on the international recognition of the deposit of micro-organisms for

the purposes of patent procedures ( 19 77, modified in 1980 );

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

No L 116 / 248 Official Journal of the European Communities 30 . 4 . 92

Declarations by the European Community

1 . Article 8 ( 4 ) of Protocol 2 on ECSC Products

It is understood that the possibility of an exceptional extension of the five-year period is
strictly limited to the particular case of Hungary and does not impair the position of the
Community in relation to other cases nor prejudge international commitments . The possible
derogation foreseen in paragraph 4 takes into account the particular difficulties of Hungary
in restructuring the steel sector and the fact that this process has been launched very
recently .

2 . Protocol 6

Protocol 6 is applicable to the extent that it covers Community competences .

Letter from the Hungarian Government to the Community

The Government of Hungary declares that it will not invoke the provisions of Protocol 2 on

ECSC Products . In particular Article 8, so as not to call into question the compatibility with
this Protocol of the agreements made by the Community coal industry with the electricity
companies and the steel industry to secure the sale of Community coal .

Declaration

Hungary confirms its intention to increase on a regular basis, after consultation with the
Community, the number of products included in the list in Annex IXa during the transitional
period of five years, so that at the end of this period a substantial number of products currently
included in Annex XIc will not be subject to any quantitative restriction .

Information on the entry into force of the Interim Agreement on trade and trade-related

matters with Hungary

The Interim Agreement on trade and trade-related matters which the Community signed with

Hungary on 16 December 1991 entered into force on 1 March 1992, notification of
completion of the procedures laid down in Article 48 of the Agreement having been given on
28 February 1992 .