CELEX: 21999A0226(01)
Language: en
Date: 1996-06-10 00:00:00
Title: Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part - Protocol 1 on textile and clothing products - Protocol 2 on products covered by the Treaty establishing the European Coal and Steel Community (ECSC) - Protocol 3 on trade between Slovenia and the Community in processed agricultural products - Protocol 4 concerning the definition of the concept of 'originating products' and methods of administrative cooperation - Protocol 5 on mutual assistance between administrative authorities in customs matters - Protocol 6 on concessions with annual limits - Final Act - Joint Declarations - Unilateral Declarations

Avis juridique important

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21999A0226(01)

Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part - Protocol 1 on textile and clothing products - Protocol 2 on products covered by the Treaty establishing the European Coal and Steel Community (ECSC) - Protocol 3 on trade between Slovenia and the Community in processed agricultural products - Protocol 4 concerning the definition of the concept of 'originating products' and methods of administrative cooperation - Protocol 5 on mutual assistance between administrative authorities in customs matters - Protocol 6 on concessions with annual limits - Final Act - Joint Declarations - Unilateral Declarations  

Official Journal L 051 , 26/02/1999 P. 0003 - 0206

EUROPE AGREEMENT establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other partTHE KINGDOM OF BELGIUM,THE KINGDOM OF DENMARK,THE FEDERAL REPUBLIC OF GERMANY,THE HELLENIC REPUBLIC,THE KINGDOM OF SPAIN,THE FRENCH REPUBLIC,IRELAND,THE ITALIAN REPUBLIC,THE GRAND DUCHY OF LUXEMBOURG,THE KINGDOM OF THE NETHERLANDS,THE REPUBLIC OF AUSTRIA,THE PORTUGUESE REPUBLIC,THE REPUBLIC OF FINLAND,THE KINGDOM OF SWEDEN,THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,Contracting parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community, the Treaty establishing the European Atomic Energy Community, and the Treaty on European Union, hereinafter referred to as 'Member States`, andTHE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY, THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as the 'Community`,acting within the framework of the European Union,of the one part, andTHE REPUBLIC OF SLOVENIA, hereinafter referred to as 'Slovenia`,of the other part,CONSIDERING the importance of the established links existing between the parties and the common values that they share;RECOGNISING that the Community and Slovenia wish to strengthen those links and to establish close and lasting relations, based on reciprocity and shared interests, which would allow Slovenia to take part in the process of European integration, thus strengthening and widening the relations established in the past notably by the Cooperation Agreement and the Protocol on financial cooperation between the European Economic Community and the Republic of Slovenia signed on 5 April 1993, which entered into force on 1 September 1993 and the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Republic of Slovenia, of the other part, signed on 5 April 1993;CONSIDERING that the relationship between the parties in the field of inland transport should continue to be governed by the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport, signed on 5 April 1993, which entered into force on 29 July 1993;CONSIDERING the opportunities for a relationship of a new quality offered by the emergence of a new democracy in Slovenia;CONSIDERING the commitment of the parties to strengthening the political and economic freedoms which constitute the very basis of the Association;RECOGNISING the establishment in Slovenia of a new political order which respects the rule of law and human rights, including the rights of persons belonging to minorities, and operates a multi-party system with free and democratic elections;ACKNOWLEDGING the readiness of the Community to contribute to the strengthening of this new democratic order as well as to support the creation in Slovenia of a new economic order founded upon the principles of a free market economy;CONSIDERING the firm commitment of the parties to the full implementation of all principles and provisions of CSCE process contained in particular in the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Helsinki document 1992 and the Budapest Summit 1994 and the Charter of Paris for a New Europe;CONSCIOUS of the importance of this Europe Agreement, hereinafter referred to as the 'Agreement`, for establishing in Europe a system of stability based on cooperation, with the European Union as one of the cornerstones;BELIEVING that a link should be made between full implementation of association on the one hand and the actual accomplishment of Slovenia's political, economic and legal reforms on the other hand, as well as the introduction of the factors necessary for cooperation and the rapprochement between the parties' systems, notably in the light of the conclusions of the CSCE Bonn Conference;DESIROUS of establishing regular political dialogue on bilateral and international issues of mutual interest;RECOGNISING the contribution which the Pact on Stability in Europe can make to promoting stability and good neighbourly relations in the region and conforming their determination to work together for the success of this initiative;TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reform and to help Slovenia cope with the economic and social consequences of structural readjustment;TAKING ACCOUNT furthermore of the Community's willingness to set up instruments of cooperation and economic, technical and financial assistance on a comprehensive and multiannual basis;CONSIDERING the commitment of the parties to free trade, based on the principles set out in General Agreement on Tariffs and Trade 1994, hereinafter referred to as the 'GATT 1994`, as amended by the Uruguay Round trade negotiations, and taking account of the establishment of the World Trade Organization, hereinafter referred to as the 'WTO`;CONSIDERING the commitment of the Community and Slovenia to the principles set out in the European Energy Charter of 17 December 1991 and in the Final Statement of the Lucerne Conference of April 1993;BEARING IN MIND the economic and social disparities between the Community and Slovenia and thus recognising that the objectives of this Association should be reached through appropriate provisions of this Agreement;RECALLING the objectives of the Agreements signed at Osimo in November 1975 by the Italian Republic and the Socialist Federal Republic of Yugoslavia and succeeded to by the Republic of Slovenia, and in particular of the Agreement on the promotion of the economic cooperation between the two countries;CONVINCED that this Agreement will create a new climate for their economic relations and in particular for the development of trade and investment, instruments which are indispensable for economic restructuring and technological modernisation in Slovenia;DESIROUS of establishing cultural cooperation and developing exchanges of information;RECOGNISING the fact that Slovenia's ultimate objective is to accede to the European Union, and that this Association, in the view of the parties, will help Slovenia to achieve this objective;TAKING INTO ACCOUNT the accession preparations strategy adopted by the Essen European Council of December 1994, which is being politically implemented by the creation, between the associated States and the Institutions of the European Union, of structured relations which encourage mutual trust and will provide a framework for addressing topics of common interest,HAVE AGREED AS FOLLOWS:Article 11. An Association is hereby established between the Community and its Member States of the one part and Slovenia of the other part.2. The aims of this Association are:- to provide an appropriate framework for political dialogue, allowing the development of close political relations between the parties;- to promote the expansion of trade and harmonious economic relations between the parties and so foster dynamic economic development and prosperity in Slovenia;- gradually to develop a free trade area covering virtually all trade between the Community and Slovenia;- to support Slovenia's efforts to develop its economy and to complete the transition into a market economy;- to provide an appropriate framework for Slovenia's gradual integration into the European Union. To this end, Slovenia shall work towards fulfilling the necessary conditions.TITLE I GENERAL PRINCIPLES Article 2Respect for the democratic principles and human rights as proclaimed in the Universal Declaration of Human Rights and as defined in the Helsinki Final Act and the Charter of Paris for a New Europe, as well as the principles of market economy as reflected in the Document of the CSCE Bonn Conference on Economic Cooperation, shall form the basis of the domestic and external policies of the parties and constitute essential elements of this Agreement.Article 31. The Association shall include a transitional period of a maximum duration of six years divided into two successive stages, the first in principle lasting four years, the second two. The first stage shall begin upon the entry into force of this Agreement.2. The Association Council established under Article 110 shall regularly examine the application of this Agreement and the accomplishment of Slovenia's economic reforms on the basis of the principles established in the preamble.3. During the course of the twelve months preceding the expiry of the first stage, the Association Council shall meet to decide on the transition to the second stage as well as on any possible changes to be brought about as regards the content of the provisions governing the second stage. In so doing, it will take into account the results of the examination referred to in paragraph 2.4. The two stages envisaged in paragraphs 1, 2 and 3 shall not apply to Title III.TITLE II POLITICAL DIALOGUE Article 4The political dialogue between the European Union and Slovenia shall be further developed and intensified. It shall accompany and consolidate the rapprochement between the European Union and Slovenia, support the political and economic changes underway in that country or already realised, and contribute to the establishment of close links of solidarity and new forms of cooperation between the parties. The political dialogue is intended to promote in particular:- Slovenia's full integration into the Community of democratic nations and its progressive rapprochement with the European Union;- an increasing convergence of positions of the parties on international issues and, in particular, on those issues likely to have substantial effects on the parties;- better cooperation in areas covered by the Common Foreign and Security Policy of the European Union;- common views on security and stability in Europe.Article 5Political dialogue shall take place within the multilateral framework and in accordance with the forms and practices established with the associated countries of central Europe.Article 61. At ministerial level, political dialogue shall take place within the Association Council, which shall have the general responsibility for any matter which the parties might wish to put to it.2. With the agreement of the parties, other procedures for political dialogue shall be established in particular:- meetings, where necessary, of senior officials (at the level of political directors) representing Slovenia, on the one hand, and the Presidency of the Council of the European Union and the Commission, on the other;- taking full advantage of all diplomatic channels between the parties, including appropriate contacts in third countries and within the United Nations, the OSCE and other international fora;- including Slovenia in the group of countries receiving regular information on the activities managed within the framework of the Common Foreign and Security Policy as well as exchanging information with a view to achieving the objectives defined in Article 4;- any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue.Article 7Political dialogue at parliamentary level may take place within the framework of the Association Parliamentary Committee established under Article 116.TITLE III FREE MOVEMENT OF GOODS Article 81. The Community and Slovenia shall gradually establish a free trade area in a transitional period lasting a maximum of six years starting from the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the GATT 1994 and the WTO.2. The Combined Nomenclature of goods shall be applied to the classification of goods in trade between the two parties.3. For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be the duty actually applied erga omnes on the day preceding the signing of this Agreement.4. If, after entry into force of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting from the tariff agreement concluded as a result of the GATT Uruguay Round, such reduced duties shall replaced the basic duty referred to in paragraph 3 as from the date when such reductions are applied.5. The Community and Slovenia shall communicate to each other their respective basic duties.CHAPTER I INDUSTRIAL PRODUCTS Article 91. The provisions of this Chapter shall apply to products originating in the Community or Slovenia listed in Chapters 25 to 97 of the Combined Nomenclature, with the exception of the products listed in Annex I.2. The provisions of Articles 10 to 14 shall not apply to textile products nor to products covered by the Treaty establishing the European Coal and Steel Community, as specified in Articles 16 and 17.3. Trade between the parties in products covered by the Treaty establishing the European Atomic Energy Community shall be conducted in accordance with the provisions of that Treaty.Article 101. Customs duties on imports into the Community of products originating in Slovenia other than those listed in Annex II shall be abolished upon the entry into force of this Agreement.2. Customs duties on imports into the Community of products of Slovenian origin listed in Annex II shall be suspended within the limits of annual Community tariff ceilings increasing progressively in accordance with the conditions specified in that Annex with a view to complete abolition of customs duties on imports of the products concerned on 1 January 2000.3. Quantitative restrictions on imports into the Community and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement with regard to products originating in Slovenia.Article 111. Customs duties on imports into Slovenia of goods originating in the Community other than those listed in Annexes III and IV shall be abolished upon the entry into force of this Agreement.2. Customs duties on imports into Slovenia of products originating in the Community which are listed in Annex III shall be progressively reduced in accordance with the following timetable:- on 1 January 1996 each duty shall be reduced to 80 % of the basic duty;- on 1 January 1997 each duty shall be reduced to 55 % of the basic duty;- on 1 January 1998 each duty shall be reduced to 30 % of the basic duty;- on 1 January 1999 each duty shall be reduced to 15 % of the basic duty;- on 1 January 2000 the remaining duties shall be abolished.3. Customs duties on imports into Slovenia of products originating in the Community which are listed in Annex IV shall be progressively reduced in accordance with the following timetable:- on 1 January 1996 each duty shall be reduced to 90 % of the basic duty;- on 1 January 1997 each duty shall be reduced to 70 % of the basic duty;- on 1 January 1998 each duty shall be reduced to 45 % of the basic duty;- on 1 January 1999 each duty shall be reduced to 35 % of the basic duty;- on 1 January 2000 each duty shall be reduced to 20 % of the basic duty;- on 1 January 2001 the remaining duties shall be abolished.4. Quantitative restrictions on imports into Slovenia of goods originating in the Community and measures having equivalent effect shall be abolished upon the entry into force of this Agreement.Article 12The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.Article 13The Community and Slovenia shall abolish upon the entry into force of this Agreement in trade between themselves any charges having an effect equivalent to customs duties on imports.Article 141. The Community shall abolish any customs duties on exports and charges having equivalent effect upon the entry into force of this Agreement.Slovenia shall abolish customs duties on exports and charges having equivalent effect upon entry into force of this Agreement except for the products listed in Annex XII where the abolition will take place in accordance with the timetable set out in that Annex.2. The Community and Slovenia shall abolish between themselves any quantitative restrictions on exports and measures having equivalent effect upon the entry into force of this Agreement.Article 15Slovenia declares its readiness to reduce its customs duties in trade with the Community more rapidly than is provided for in Article 11 if its general economic situation and the situation of the economic sector concerned so permit.The Community declares its readiness in similar circumstances to increase further or to abolish more speedly the tariff ceilings referred to in Article 10(2).The Association Council shall make recommendations to this effect.Article 16Protocol 1 lays down the arrangements applicable to the textile products referred to therein.Article 17Protocol 2 lays down the arrangements applicable to products covered by the Treaty establishing the European Coal and Steel Community.Article 181. The provisions of this Chapter shall not preclude the retention by the Community of an agricultural component in the duties applicable to products listed in Annex V in respect of products originating in Slovenia.2. The provisions of this Chapter shall not preclude the introduction of an agricultural component by Slovenia in the duties applicable to the products listed in Annex V in respect of products originating in the Community.CHAPTER II AGRICULTURE Article 191. The provisions of this Chapter shall apply to agricultural products originating in the Community or Slovenia.2. The term 'agricultural products` means the products listed in Chapters 1 to 24 of the Combined Nomenclature and the products listed in Annex I, but excluding fishery products as defined by Regulation (EEC) No 3759/92.Article 20Protocol 3 lays down the trade arrangements for processed agricultural products which are listed therein.Article 211. The Community shall abolish on the date of entry into force of this Agreement the quantitative restrictions, and measures having equivalent effect, on imports of agricultural products originating in Slovenia.2. From the date of entry into force of this Agreement, the Community shall apply to imports into its market of agricultural products originating in Slovenia the concessions listed in Annex VI.3. Slovenia shall abolish quantitative restrictions, and measures having equivalent effect, on imports of agricultural products originating in the Community on the date of entry into force of this Agreement.4. From the date of entry into force of this Agreement Slovenia shall apply to imports into Slovenia of products originating in the Community the concessions listed in Annex VII.5. Taking account of the volume of trade in agricultural products between them, of its particular sensitivity, of the rules of the common agricultural policy of the Community, of the rules of the agricultural policy of Slovenia, and of the consequences of the multilateral trade negotiations under the GATT 1994 and WTO, the Community and Slovenia shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the opportunities for granting each other further concessions.Article 22Notwithstanding other provisions of this Agreement, and in particular Article 31, if, given the particular sensitivity of the agricultural markets, imports of products originating in one of the two parties, which are the subject of concessions granted pursuant to Article 21, cause serious disturbance to the markets in the other party, both parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the party concerned may take the measures it deems necessary.CHAPTER III FISHERIES Article 23The provisions of this Chapter shall apply to fishery products originating in the Community or Slovenia which are covered by Regulation (EEC) No 3759/92 on the common organisation of the market in fishery and aquaculture products.Article 241. The fishery products originating in Slovenia listed in Annex VIII(a) shall be subject from the date of entry into force of this Agreement to the reduced customs duties provided for in that Annex. The provisions of Articles 21 and 22 shall apply mutatis mutandis to fishery products.2. The fishery products originating in the Community listed in Annex VIII(b) shall be subject from the date of entry into force of this Agreement to the reduced customs duties provided for in that Annex. The provisions of Articles 21 and 22 shall apply mutatis mutandis to fishery products.CHAPTER IV COMMON PROVISIONS Article 25The provisions of this Chapter shall apply to trade in all products between the two parties except where otherwise provided herein or in Protocols 1, 2 and 3.Article 26 Standstill1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in trade between the Community and Slovenia from the date of entry into force of this Agreement.2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced, nor shall those existing be made more restrictive, in trade between the Community and Slovenia from the date of entry into force of this Agreement.3. Without prejudice to the concessions granted under Article 21, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuit of the respective agricultural policies of Slovenia and the Community or the taking of any measures under those policies in so far as the import regime in the Annexes VI and VII is not affected.Article 27 Prohibition of fiscal discrimination1. The parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one party and like products originating in the territory of the other party.2. Products exported to the territory of one of the two parties may not benefit from repayment of internal indirect taxation in excess of the amount of indirect taxation imposed on them.Article 28 Customs unions, free trade areas, cross-border arrangements1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement. This Agreement shall in particular not affect the implementation of the specific arrangements governing the movement of goods laid down in frontier agreements previously concluded between one or more Member States and the Socialist Federal Republic of Yugoslavia and succeeded to by the Republic of Slovenia.2. Consultations between the parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies towards third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account is taken of the mutual interests of the Community and Slovenia stated in this Agreement.Article 29 Exceptional tariff measuresExceptional measures of limited duration which derogate from the provisions of Article 11 and Article 26(1) may be taken by Slovenia in the form of increased customs duties.These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce major social problems.Customs duties introduced by these measures on imports into Slovenia of products originating in the Community may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports from the Community of industrial products as defined in Chapter I, during the last year for which statistics are available.The measures shall be applied for a period not exceeding five years unless a longer duration is authorised by the Association Council. They shall cease to apply at the latest on the expiry of the transitional period.No such measures may be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having equivalent effect concerning that product.Slovenia shall inform the Association Council of any exceptional measures it intends to adopt and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are put into effect. When adopting such measures Slovenia shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. This schedule shall provide for a phasing-out of these duties at equal annual rates starting at the latest two years after their introduction. The Association Council may decide on a different schedule.Article 30 DumpingIf one of the parties finds that dumping is taking place in trade with the other party within the meaning of Article VI of the GATT 1994, it may take appropriate measures against this practice in accordance with the Agreement on implementation of Article VI of the GATT 1994, its own related internal legislation and the conditions and procedures laid down in Article 34.Article 31 General safeguard clauseWhen any product is being imported in such increased quantities and under such conditions as cause or threaten to cause:- serious injury to domestic producers of like or directly competing products in the territory of one of the parties, or- serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region,the Community or Slovenia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 34.Article 32 Shortage clauseWhere compliance with Articles 14 and 26 leads to- re-export to a third country of a product in respect of which the exporting party maintains quantitative export restrictions, export duties or measures or charges having equivalent effect,or- a serious shortage, or threat thereof, of a product essential to the exporting party,and where the situations described above give rise, or are likely to give rise, to major difficulties for the exporting party, that party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 34. The measures shall be non-discriminatory and shall be abolished when conditions no longer justify their maintenance.Article 33 State monopoliesThe Member States and Slovenia shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fourth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Slovenia. The Association Council shall be informed about the measures adopted to attain this objective.Article 34 Procedures1. In the event of the Community or Slovenia subjecting imports of products liable to give rise to the difficulties referred to in Article 31 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other party.2. In the cases specified in Articles 30, 31 and 32, before taking the measures provided for therein or, in cases to which paragraph 3(d) applies, as soon as possible, the Community or Slovenia, as the case may be, shall supply the Association Council with all relevant information, with a view to seeking a solution acceptable to the two parties.In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement.The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, notably with a view to establishing a timetable for their abolition as soon as circumstances permit.3. For the implementation of paragraph 2, the following provisions shall apply.(a) As regards Article 31, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties.If the Association Council or the exporting party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within thirty days of the matter being referred, the importing party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen.(b) As regards Article 30, the Association Council shall be informed of the instance of dumping as soon as the authorities of the importing party have initiated an investigation. Where no end has been put to the dumping within the meaning of Article VI of the GATT 1994 or no other satisfactory solution has been reached within thirty days of the matter being referred to the Association Council, the importing party may adopt the appropriate measures.(c) As regards Article 32, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council.The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within thirty days of the matter being referred to it, the exporting party may apply appropriate measures to the export of the product concerned.(d) Where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Slovenia whichever is concerned may, in the situations specified in Articles 30, 31 and 32, apply forthwith the safeguard measures strictly necessary to deal with the situation and inform the Association Council immediately.Article 35Protocol 4 lays down rules of origin for the application of tariff preferences provided for in this Agreement.Article 36 Restrictions authorisedThis Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of exhaustible natural resources; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property, or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the parties.Article 37The application of this Agreement shall be without prejudice to Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands.TITLE IV MOVEMENT OF WORKERS, ESTABLISHMENT, SUPPLY OF SERVICES CHAPTER I MOVEMENT OF WORKERS Article 381. Subject to the conditions and modalities applicable in each Member State:- treatment accorded to workers of Slovenian nationality, legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared to its own nationals;- the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements within the meaning of Article 42, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker's authorised stay of employment.2. Slovenia shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as to their spouse and children who are legally resident in the said territory.Article 391. With a view to coordinating social security systems for workers of Slovenian nationality legally employed in the territory of a Member State and for the members of their family, legally resident there, and subject to the conditions and modalities applicable in each Member State:- all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members;- any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States;- the workers in question shall receive family allowances for the members of their family as defined above.2. Slovenia shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third indents of paragraph 1.Article 401. The Association Council shall by decision adopt the appropriate provisions to give effect to the objectives set out in Article 39.2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.Article 41The provisions adopted by the Association Council in accordance with Article 40 shall not affect any rights or obligations arising from bilateral agreements linking Slovenia and the Member States where those agreements provide for more favourable treatment of nationals of Slovenia or of the Member States.Article 421. Taking into account the labour market situation in the Member States, subject to their legislation and to compliance with rules in force in those Member States in the area of mobility of workers:- the existing facilities for access to employment for Slovenian workers accorded by Member States under bilateral agreements should be preserved and if possible improved;- the other Member States shall consider the possibility of concluding similar agreements.2. The Association Council shall examine the granting of other improvements, including facilities for access to vocational training, in accordance with rules and procedures in force in the Member States, and taking account of the labour market situation in the Member States and in the Community.Article 43During the second stage referred to in Article 3, or earlier if so decided, the Association Council shall examine further ways of improving the movement of workers, taking into account inter alia the social and economic situation in Slovenia and the employment situation in the Community. The Association Council shall make appropriate recommendations.Article 44In the interest of facilitating the redeployment of labour resources resulting from economic restructuring in Slovenia, the Community shall provide technical assistance for the establishment of a suitable social security system in Slovenia as set out in Article 89.CHAPTER II ESTABLISHMENT Article 451. Slovenia shall, during the transitional period referred to in Article 3, facilitate the setting-up of operations on its territory by Community companies and nationals. To that end, it shall grant, from the entry into force of this Agreement:(i) as regards the establishment of Community companies treatment no less favourable than that accorded to its own companies or to any third country company, whichever is the better, save for the sectors referred to in Annex IX(a), where such treatment shall be granted at the latest by the end of the transitional period referred to in Article 3 and;(ii) as regards the operation of subsidiaries and branches of Community companies in Slovenia, once established, treatment no less favourable than that accorded to its own companies and branches or to any Slovenian subsidiary and branch of any third country company, whichever is the better.2. Slovenia shall not, during the transitional periods referred to in paragraph 1, adopt any new regulations or measures which introduce discrimination as regards the establishment of Community companies or nationals on its territory or in respect of their operation, once established, by comparison with its own companies and nationals.3. The Community and its Member States shall grant, from the entry into force of this Agreement:- as regards the establishment of Slovenian companies, treatment no less favourable than that accorded by Member States to their own companies or to any company of any third country, whichever is the better;- as regards the operation of subsidiaries and branches of Slovenian companies, established in their territory, treatment no less favourable than that accorded by Member States to their own companies and branches, or to any subsidiary and branch of any third country company, established in their territory, whichever is the better.4. The treatment described in paragraphs 1 and 3 shall be applicable for the establishment and operation of nationals as from the end of the transitional period referred to in Article 3.5. The provisions concerning national treatment for the establishment and operation of Community companies and nationals contained in paragraph 1 of this Article shall not apply to the areas or matters listed in Annex IX(b).6. The Association Council shall during the transitional period referred to in paragraph 1 (i) examine regularly the possibility of accelerating the granting of national treatment in the sectors referred to in Annex IX(a) and the inclusion of areas or matters listed in Annex IX(b) within the scope of the provisions of paragraphs 1 and 3 of this Article. Amendments may be made to these Annexes by decision of the Association Council.Following the expiry of the transitional period referred to in paragraph 1(i), the Association Council may exceptionally, at the request of Slovenia, and if the necessity arises, decide to prolong the duration of exclusion of certain areas or matters listed in Annex IX(a) for a limited period of time.7. Notwithstanding the provisions of this Article:(a) Community nationals and subsidiaries and branches of Community companies shall have, from the entry into force of this Agreement, the right to use and rent real property in Slovenia;(b) subsidiaries of Community companies shall also have the right to acquire and sell real property and, as regards natural resources, agricultural land and forestry, the same rights as enjoyed by Slovenian nationals and companies, where these rights are necessary for the conduct of the economic activities for which they are established;(c) Slovenia shall grant the rights under (b) to Community nationals and branches of Community companies by the end of the first stage of the transitional period.Article 461. The provisions of this Chapter shall not apply to air transport services, inland waterway transport services and maritime cabotage transport services.2. The Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1.Article 47For the purposes of this Agreement:(a) a 'Community company` or a 'Slovenian company` respectively shall mean a company set up in accordance with the laws of a Member State or of Slovenia respectively and having its registered office or central administration or principal place of business in the territory of the Community or Slovenia respectively.However, should the company, set up in accordance with the laws of a Member State or Slovenia respectively, have only its registered office in the territory of the Community or Slovenia respectively, the company shall be considered a Community or a Slovenian company respectively if its operations possess a real and continuous link with the economy of one of the Member States or Slovenia respectively;(b) 'Subsidiary` of a company shall mean a company which is effectively controlled by the first company;(c) 'Branch` of a company shall mean a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension;(d) 'Establishment` shall mean:(i) as regards nationals, the right to take up economic activities as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Self-employment and business undertakings by nationals shall not extend to seeking or taking employment in the labour market or confer a right of access to the labour market of another party. The provisions of this Chapter do not apply to those who are not exclusively self-employed;(ii) as regards Community or Slovenian companies, the right to take up economic activities by means of the setting up of subsidiaries and branches in Slovenia or in the Community respectively;(e) 'Operations` shall mean the pursuit of economic activities;(f) 'Economic activities` shall in principle include activities of an industrial, commercial and professional character and activities of craftsmen;(g) 'Community national` and 'Slovenian national` shall mean respectively a natural person who is a national of one of the Member States or of Slovenia;(h) with regard to international maritime transport, including intermodal operations involving a sea leg, nationals of the Member States or of Slovenia established outside the Community or Slovenia respectively, and shipping companies established outside the Community or Slovenia and controlled by nationals of a Member State or Slovenian nationals respectively, shall also be beneficiaries of the provisions of this Chapter and Chapter III, if their vessels are registered in that Member State or in Slovenia respectively, in accordance with their respective legislation;(i) 'Financial services` shall mean those activities described in Annex IX(c). The Association Council may extend or modify the scope of that Annex.Article 481. Subject to the provisions of Article 45, with the exception of financial services described in Annex IX(c), each party may regulate the establishment and operation of companies and nationals on its territory, in so far as these regulations do not discriminate against companies and nationals of the other party in comparison with its own companies and nationals.2. In respect of financial services, notwithstanding any other provisions of this Agreement, a party shall not be prevented from taking measures for prudential reasons, including for the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owned by a financial service supplier, or to ensure the integrity and stability of the financial system. Such measures shall not be used as a means of avoiding the party's obligations under the Agreement.3. Nothing in the Agreement shall be construed to require a party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.Article 491. The provisions of Articles 45 and 48 do not preclude the application by a party of particular rules concerning the establishment and operation in its territory of branches of companies of another party not incorporated in the territory of the first party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons.2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.Article 501. A Community company or a Slovenian company established in the territory of Slovenia or the Community respectively shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host country of establishment, in the territory of Slovenia and the Community respectively, employees who are nationals of the Community Member States and Slovenia respectively, provided that such employees are key personnel as defined in paragraph 2 and that they are employed exclusively by companies, subsidiaries or branches.The residence and work permits of such employees shall only cover the period of such employment.2. Key personnel of the abovementioned companies herein referred to as 'organisations` are 'intra-corporate transferees` as defined in (c) of this paragraph in the following categories, provided that the organisation is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement:(a) Persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent including:- directing the establishment of a department or sub-division of the establishment;- supervising and controlling the work of other supervisory, professional or managerial employees;- having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions;(b) Persons working within an organisation who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;(c) An 'intra-corporate transferee` is defined as a natural person working within an organisation in the territory of a party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other party; the organisation concerned must have its principal place of business in the territory of a party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other party.3. The entry into and the temporary presence within the territory if the Community or Slovenia of Slovenian and Community nationals respectively shall be permitted, when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a) above, within a company, and are responsible for the setting up of a Community subsidiary or branch of a Slovenian company or of a Slovenian subsidiary or branch of a Community company in a Community Member State or Slovenia respectively, when:- those representatives are not engaged in making direct sales or supplying services, and- the company has its principal place of business outside the Community or Slovenia, respectively, and has no other representative, office, branch or subsidiary in that Community Member State or Slovenia respectively.Article 51In order to make it easier for Community nationals and Slovenian nationals to take up and pursue regulated professional activities in Slovenia and the Community respectively, the Association Council shall examine which steps are necessary for the mutual recognition of qualifications. It may take all necessary measures to that end.Article 52During the first four years following the date of entry into force of this Agreement, or for the sectors referred to in Annex IX(a), during the transitional period referred to in Article 3, Slovenia may introduce measures which derogate from the provisions of this Chapter as regards the establishment of Community companies and nationals of certain industries:- are undergoing restructuring, or- are facing serious difficulties, particularly where these entail serious social problems in Slovenia, or- face the elimination or a drastic reduction of the total market share held by Slovenian companies or nationals in a given sector or industry in Slovenia, or- are newly emerging industries in Slovenia.Such measures:(i) shall cease to apply at the latest two years after the expiry of the fourth year following the date of entry into force of this Agreement or, for the sectors included in Annex IX(a), upon the expiry of the transitional period referred to in Article 3, and(ii) shall be reasonable and necessary in order to remedy the situation, and(iii) shall relate only to establishments in Slovenia to be set up after the entry into force of such measures and shall not introduce discrimination concerning the activities of Community companies or nationals already established in Slovenia at the time of introduction of a given measure, by comparison with Slovenian companies or nationals.The Association Council may exceptionally, at the request of Slovenia, and if the necessity arises, decide to prolong the periods referred to in (i) above for a given sector for a limited period of time.While devising and applying such measures, Slovenia shall grant preferential treatment wherever possible to Community companies and nationals, and in no case treatment less favourable than that accorded to companies or nationals from any third country.Prior to the adoption of these measures, Slovenia shall consult the Association Council and shall not put them into effect before a one month period has elapsed following the notification to the Association Council of the concrete measures to be introduced by Slovenia, except where the threat of irreparable damage requires the taking of urgent measures, in which case Slovenia shall consult the Association Council immediately after their adoption.Upon the expiry of the fourth year following the entry into force of this Agreement or, for the sectors included in Annex IX(a), upon the expiry of the transitional period referred to in Article 3, Slovenia may introduce such measures only with the authorisation of the Association Council and under conditions determined by the latter.CHAPTER III SUPPLY OF SERVICES BETWEEN THE COMMUNITY AND SLOVENIA Article 531. The parties undertake in accordance with the following provisions to take the necessary steps to allow progressively the supply of services by Community or Slovenian companies or nationals which are established in a party other than that of the person for whom the services are intended.2. In step with the liberalization process mentioned in paragraph 1, and subject to the provisions of Article 57(1), the parties shall permit the temporary movement of natural persons providing the service or who are employed by the service provider as key personnel as defined in Article 50(2), including natural persons who are representatives of a Community or Slovenian company or national and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves.3. At the latest eight years after the entry into force of this Agreement, the Association Council shall take the measures necessary to implement progressively the provisions of paragraph 1. Account shall be taken of the progress achieved by the parties in the approximation of their laws.Article 541. The parties shall not take any measures or actions which render the conditions for the supply of services by Community and Slovenian nationals or companies which are established in a party other than that of the person for whom the services are intended significantly more restrictive as compared to the situation existing on the day preceding the day of entry into force of the Agreement.2. If one party is the view that measures introduced by the other party since the signature of the Agreement result in a situation which is significantly more restrictive in respect of supply of services as compared with the situation existing at the date of signature of the Agreement, such first party may request the other party to enter into consultations.Article 55With regard to supply of transport services between the Community and Slovenia, the following shall apply without prejudice to the provisions of Article 53:1. With regard to inland transport, the relationship between the parties is governed by the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport, signed on 5 April 1993. The parties confirm the importance they attach to the correct application of this Agreement, and underline the particular importance of the freedom of road transit traffic, as defined in the Agreement, without prejudice to the conditions regulating transit through Austria following Austria's accession to the European Union, of non-discrimination and of harmonisation of the Slovenian transport legislation with that of the Community.2. With regard to international maritime transport the parties undertake to apply effectively the principle of unrestricted access to the market and traffic on a commercial basis.(a) The above provision does not prejudice the rights and obligations under the United Nations Code of Conduct for Liner Conferences, as applied by one or the other party to this Agreement. Non-conference liners will be free to operate in competition with a conference as long as they adhere to the principle of fair competition on a commercial basis.(b) The parties affirm their commitment to a freely competitive environment as being an essential feature of the dry and liquid bulk trade.3. In applying the principles of point 2, the parties shall:(a) not introduce cargo-sharing clauses in future bilateral agreements with third countries, other than in those exceptional circumstances where liner shipping companies from one or other party to this Agreement would not otherwise have an effective opportunity to ply for trade to and from the third country concerned;(b) prohibit cargo-sharing arrangements in future bilateral agreements concerning dry and liquid bulk trade;(c) abolish, upon the entry into force of this Agreement, all unilateral measures and administrative, technical and other obstacles which could have restrictive or discriminatory effects on the free supply of services in international maritime transport.4. With a view to ensuring a coordinated development and progressive liberalization of transport between the parties adapted to their reciprocal commercial needs, the conditions of mutual market access in air transport shall be dealt with by special agreement to be negotiated between the parties after the entry into force of this Agreement.5. Prior to the conclusion of the agreement referred to in point 4, the parties shall not take any measures or actions which are more restrictive or discriminatory as compared with the situation existing prior to the entry into force of this Agreement.6. During the transitional period, Slovenia shall progressively adapt its legislation, including administrative, technical and other rules, to that of the Community existing at any time in the field of air and inland transport in so far as it serves liberalization purposes and mutual access to markets of the parties and facilitates the movement of passengers and of goods.7. In step with the common progress in the achievement of the objectives of this Chapter, the Association Council shall examine ways of creating the conditions necessary for improving freedom to provide air and inland transport services.CHAPTER IV GENERAL PROVISIONS Article 561. The provisions of this Title shall be applied subject to limitations justified on grounds of public policy, public security or public health.2. They shall not apply to activities which in the territory of either party are connected, even occasionally, with the exercise of official authority.Article 571. For the purpose of this Title, nothing in this Agreement shall prevent the parties from applying their laws and regulations regarding entry and stay, employment, working conditions, establishment of natural persons and supply of services, provided that, in so doing, they do not apply them in such a manner as to nullify or impair the benefits accruing to any party under the terms of a specific provision of this Agreement. This provision shall be without prejudice to the application of Article 56.2. The exclusion of Community companies and nationals established in Slovenia in accordance with the provisions of Chapter II from public aid granted by Slovenia in the areas of public education services, health-related and social services and cultural services shall, for the duration of the transitional period referred to in Article 3, be deemed compatible with the provisions of this title and with the competition rules referred to in Title V.Article 58Companies which are controlled and exclusively owned jointly by Slovenian companies or nationals and Community companies or nationals shall also be covered by the provisions of this Title.Article 591. The Most-Favoured-Nation treatment granted in accordance with the provisions of this Title shall not apply to the tax advantages which the parties are providing or will provide in the future on the basis of agreements designed to avoid double taxation or other tax arrangements.2. None of the provisions of this Title shall be construed to prevent the adoption or enforcement by the parties of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation and other tax arrangements or domestic fiscal legislation.3. None of the provisions of this Title shall be construed to prevent Member States or Slovenia in applying the relevant provisions of their fiscal legislation, from distinguishing between taxpayers who are not in identical situations, in particular as regards their place of residence.Article 60The provisions of this Title shall be progressively adjusted, notably in the light of requirements arising from Article V of the General Agreement on Trade in Services (GATS).Article 61The provisions of this Agreement shall not prejudice the application by each party of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market through the provisions of this Agreement.TITLE V PAYMENTS, CAPITAL, COMPETITION AND OTHER ECONOMIC PROVISIONS, APPROXIMATION OF LAWS CHAPTER I CURRENT PAYMENTS AND MOVEMENT OF CAPITAL Article 62The parties undertake to authorise, in freely convertible currency, any payments on the current account of balance of payments to the extent that the transactions underlying the payments concern movements of goods, services or persons between the parties which have been liberalised pursuant to this Agreement.Article 631. With regard to transactions on the capital account of balance of payments from the entry into force of this Agreement, the Member States and Slovenia respectively shall ensure the free movement of capital relating to direct investments made in companies formed in accordance with the laws of the host country and investments made in accordance with the provisions of Chapter II of Title IV, and the liquidation or repatriation of the product of those investments and of any profit stemming therefrom.Notwithstanding the above provision, such free movement, liquidation and repatriation shall be ensured by the end of the fourth year following the entry into force of this Agreement for all investments linked to establishment of Community nationals pursuing an activity in Slovenia as self-employed persons pursuant to Chapter II of Title IV.With regard to acquisition of more than 25 % of shares providing voting rights issued under the Law on the Ownership Transformation of Enterprises in a company with a nominal share capital exceeding ECU 5 million, Slovenian government authorisation is required for a period of three years after the entry into force of this Agreement. Thereafter this restriction will be removed.2. With regard to transactions on the capital account of balance of payments, from entry into force of this Agreement, the Member States and Slovenia respectively shall ensure free movement of capital relating to credits related to commercial transactions or to the provision of services in which a resident of one of the parties is participating, and to financial loans.They shall also ensure from the fourth year after the entry into force of this Agreement free movement of capital relating to portfolio investment.Without prejudice to Articles 62 and 63, where, in exceptional circumstances, movements of capital between the residents of the Community and Slovenia cause, or threaten to cause, serious difficulties for the operation of exchange rate policy or monetary policy in the Community or Slovenia, the Community and Slovenia, respectively, may take safeguard measures with regard to movements of capital between the Community and Slovenia for a period not exceeding six months if such measures are strictly necessary.3. Without prejudice to paragraph 1, the Member States and Slovenia, as from the entry into force of this Agreement, shall not introduce any new foreign exchange restrictions on the movement of capital and current payments connected therewith between residents of the Community and Slovenia and shall not make the existing arrangements more restrictive.4. The parties shall consult each other with a view to facilitating the movement of capital between the Community and Slovenia in order to promote the objectives of this Agreement.Article 641. During the four years following the date of entry into force of this Agreement, the parties shall take measures permitting the creation of the necessary conditions for the further gradual application of Community rules on the free movement of capital.2. By the end of the fourth year from the entry into force of this Agreement, the Association Council shall examine ways of enabling Community rules on the movement of capital to be applied in full.CHAPTER II COMPETITION AND OTHER ECONOMIC PROVISIONS Article 651. The following are incompatible with the proper functioning of the Agreement, in so far as they may affect trade between the Community and Slovenia:(i) all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;(ii) abuse by one or more undertakings of a dominant position in the territories of the Community or of Slovenia as a whole or in a substantial part thereof;(iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or certain products.2. Any practices contrary to this Article shall be assessed on the basis of criteria arising from the application of the rules of Articles 85, 86 and 92 of the Treaty establishing the European Community.3. The Association Council shall, within three years of the entry into force of this Agreement, adopt the necessary rules for the implementation of paragraphs 1 and 2. Until the implementing rules are adopted, practices incompatible with paragraph 1 shall be dealt with by the parties on their respective territories according to their respective legislation. This shall be without prejudice to paragraph 6.4. (a) For the purposes of applying the provisions of paragraph 1(iii), the parties recognise that during the first four years after the entry into force of this Agreement, any public aid granted by Slovenia shall be assessed taking into account the fact that Slovenia shall be regarded as an area identical to those areas of the Community described in Article 92(3)(a) of the Treaty establishing the European Community. The Association Council shall, taking into account the economic situation of Slovenia, decide whether that period should be extended by further periods of four years.(b) Each party shall ensure transparency in the area of public aid, inter alia by reporting annually to the other party on the total amount and the distribution of the aid given and by providing, upon request, information on aid schemes. Upon request by one party, the other party shall provide information on particular individual cases of public aid.5. With regard to products referred to in Chapters II and III of Title III:- paragraph 1(iii) shall not apply;- any practices contrary to paragraph 1(i) shall be assessed 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 of those established in Council Regulation No 26/1962.6. If the Community or Slovenia considers that a particular practice is incompatible with the terms of paragraph 1, and:- is not adequately dealt with under the implementing rules referred to in paragraph 3, or- in the absence of such rules, and if such practice causes or threatens to cause serious injury to the interests of the other party or material injury to its domestic industry, including its services industry,it may take appropriate measures after consultation within the Association Council or after thirty working days following referral for such consultation.In the case of practices incompatible with paragraph 1(iii), such appropriate measures may, where the WTO Agreement applies thereto, only be adopted in accordance with the procedures and under the conditions laid down thereby and any other relevant instrument negotiated under its auspices which are applicable between the parties.7. Notwithstanding any provisions to the contrary adopted in accordance with paragraph 3, the parties shall exchange information taking into account the limitations imposed by the requirements of professional and business confidentiality.8. This Article shall not apply to the products covered by the Treaty establishing the European Coal and Steel Community which are the subject of Protocol 2.Article 661. The parties shall endeavour wherever possible to avoid the imposition of restrictive measures, including measures relating to imports, for balance of payments purposes. A party adopting such measures shall present as soon as possible to the other party a timetable for their removal.2. Where one or more Member States or Slovenia is in serious balance of payments difficulties, or under imminent threat thereof, the Community or Slovenia, as the case may be, may, in accordance with the conditions established under the WTO Agreement, adopt restrictive measures, including measures relating to imports, which shall be of limited duration and may not go beyond what is strictly necessary to remedy the balance of payments situation. The Community or Slovenia, as the case may be, shall inform the other party forthwith.3. Any restrictive measures shall not apply to transfers related to investment and in particular to the repatriation of amounts invested or reinvested or any kind of revenues stemming therefrom.Article 67With regard to public undertakings, and undertakings to which special or exclusive rights have been granted, the Association Council shall ensure that as from the third year following the date of entry into force of this Agreement, the principles of the Treaty establishing the European Community, in particular Article 90 thereof, are upheld.Article 681. Pursuant to the provisions of this Article and Annex X, the parties confirm the importance that they attach to ensure adequate and effective protection and enforcement of intellectual, industrial and commercial property rights.2. From the entry into force of the Agreement, Slovenia shall protect intellectual, industrial and commercial property rights at a level of protection similar to that existing in the Community, including effective means of enforcing such rights.3. Before the entry into force of the Agreement, Slovenia shall accede to the multilateral conventions on intellectual, industrial and commercial property rights referred to in paragraph 1 of Annex X.4. If problems in the area of intellectual, industrial and commercial property affecting trading conditions were to occur, they shall be referred urgently to the Association Council, at the request of either party, with a view to reaching mutually satisfactory solutions.Article 691. The parties consider the opening-up of the award of public contracts on the basis of non-discrimination and reciprocity, in particular in the WTO context, to be a desirable objective.2. Slovenian companies, shall be granted access to contract award procedures in the Community pursuant to Community procurement rules under treatment no less favourable than that accorded to Community companies as from the entry into force of this Agreement, except for contracts covered by Directive 93/38/EEC.The above provisions would also apply to contracts covered by Directive 93/38/EEC immediately the Slovenian government introduced the appropriate legislation. The Community shall examine periodically whether Slovenia has indeed introduced such legislation.Community companies shall be granted access to contract award procedures in Slovenia under treatment no less favourable than that accorded to Slovenian companies at the latest by the end of the transitional period referred to in Article 3.Community companies established in Slovenia under the provisions of Chapter II of Title IV shall have upon entry into force of this Agreement access to contract award procedures under treatment no less favourable than that accorded to Slovenian companies.The Association Council shall periodically examine the possibility for Slovenia to introduce access to award procedures in Slovenia for all Community companies prior to the end of the transitional period.3. As regards establishment, operations, supply of services between the Community and Slovenia, and also employment and movement of labour linked to the fulfilment of public contracts, the provisions of Articles 38 to 61 are applicable.CHAPTER III APPROXIMATION OF LAWS Article 70The parties recognise that the major precondition for Slovenia's economic integration into the Community is the approximation of Slovenia's existing and future laws to that of the Community. Slovenia shall endeavour to ensure that its laws will be gradually made compatible with that of the Community.Article 711. The approximation of laws shall extend to the following areas in particular: customs law, company law, banking law, insurance law, company accounts and taxation, financial services, rules on competition, rules on public contracts and public procurement, protection of health and life of humans, animals and plants, indirect taxation, technical rules and standards, nuclear law and regulation, transport and telecommunications.2. The parties also consider it particularly important to make rapid progress in the approximation of laws in the field of the internal market, competition, protection of workers, consumers' rights and the environment.Article 72The Community shall provide Slovenia with technical assistance for the implementation of these measures, which may include inter alia:- the exchange of experts;- the provision of early information, especially on relevant legislation;- organisation of seminars;- training activities;- aid for the translation of Community and Slovenian legislation in the relevant sectors.TITLE VI ECONOMIC COOPERATION Article 731. The Community and Slovenia shall establish economic cooperation aimed at contributing to Slovenia's development and growth potential. Such cooperation shall strengthen existing economic links on the widest possible foundation, to the benefit of both parties.2. Policies and other measures will be designed to bring about the economic and social development of Slovenia and will be guided by the principle of sustainable development. These policies should ensure that environmental considerations are also fully incorporated from the outset and that they are linked to the requirements of harmonious social development.3. To this end the cooperation should focus in particular on policies and measures related to industry including the mining sector, investment, agriculture, energy, transport, regional development and tourism.4. Special attention must be devoted to measures capable of fostering cooperation between Slovenia and the countries of Central and Eastern Europe.Article 74 Industrial cooperation1. Cooperation shall be aimed at promoting the modernisation and restructuring of Slovenian industry in both public and private sectors as well as industrial cooperation between economic operators of both sides, with the particular objective of strengthening the private sector, while respecting the environment.2. In particular cooperation shall promote:- the restructuring of individual sectors; in this context, the Association Council will examine in particular the problems affecting the coal and steel sectors;- the establishment of new undertakings in areas offering potential for growth.3. Industrial cooperation initiatives shall take into account priorities determined by Slovenia. The initiatives should seek in particular to establish a suitable framework for undertakings, to improve management know-how, to promote markets, market transparency and the business environment, and will include technical assistance where appropriate.Article 75 Investment promotion and protection1. Cooperation between the parties shall be aimed at establishing a favourable climate for private investment, both domestic and foreign, which is essential to economic and industrial reconstruction in Slovenia.2. The particular aims of cooperation shall be:- for Slovenia to establish a legal framework which favours and protects investment;- the conclusion, where appropriate, with Member States of bilateral agreements for the promotion and protection of investment;- to conclude, where appropriate, agreements between Member States and Slovenia to avoid double taxation;- to implement suitable arrangements for the transfer of capital;- to proceed with deregulation;- to improve economic infrastructure;- to exchange information on investment opportunities through trade fairs, exhibitions, trade weeks and other events.Article 76 Standards and conformity assessment1. The parties shall cooperate with the aim of achieving Slovenia's full conformity with Community technical regulations and European standardisation and conformity assessment procedures.2. To this end, the cooperation shall seek:- to promote the use of Community technical regulations and European standards and conformity assessment procedures;- where appropriate, to negotiate agreements on mutual recognition in these fields;- to encourage participation by relevant Slovenian bodies in the work of specialised European organisations (CEN, CENELEC, ETSI, EOTC).3. The Community will provide Slovenia with technical assistance where appropriate.Article 77 Cooperation in science and technology1. The parties shall promote cooperation in research and technological development. They shall devote special attention to the following:- the exchange of information on each other's science and technology policies;- the organisation of joint scientific meetings (seminars and workshops);- joint R& D activities aimed at encouraging scientific progress and the transfer of technology and know-how;- training activities and mobility programmes for researchers and specialists from both sides;- the development of an environment conducive to research and the application of new technologies and adequate protection of intellectual property rights in respect of research findings;- participation of Slovenia in the Community programmes in accordance with paragraph 3.Technical assistance shall be provided where appropriate.2. The Association Council shall determine the appropriate procedures for developing cooperation.3. Cooperation under the Community's framework programme in the field of research and technological development shall be implemented according to specific arrangements to be negotiated and concluded in accordance with the legal procedures of each party.Article 78 Education and training1. The parties shall cooperate with the aim of raising the level of general education and vocational qualifications in Slovenia, taking into consideration the priorities of Slovenia. Institutional frameworks and plans of cooperation will be established on the basis of the European Training Foundation and the TEMPUS programme. Participation of Slovenia in Community programmes in the field of education, training and youth shall be considered in the context of Article 106.2. The cooperation shall focus in particular on the following areas and according to detailed arrangements to be determined jointly by the parties:- the development of education and training system in Slovenia;- initial training, in-service training and retraining, including the training of public and private sector business executives and senior civil servants, particularly in priority areas to be determined;- cooperation between universities or other higher education institutions, cooperation between universities or other higher education institutions and firms, and mobility for teachers, young scientists, students and administrators (TEMPUS);- promoting teaching in the field of European studies within the appropriate institutions;- promotion of initiatives to foster mutual recognition of periods of study and diplomas;- promotion of training of trainers.3. In the field of translation, cooperation will focus on training of translators and interpreters and promotion of Community linguistic standards and terminology.Article 79 Agriculture and the agro-industrial sector1. Cooperation in this area shall have as its aim the modernisation of agriculture and the agro-industrial sector. It shall endeavour in particular to:- develop and modernise processing businesses and their methods of storage, marketing, etc.;- modernise the rural infrastructure (transport, water supply, telecommunications);- improve land use planning, including construction and urban planning;- improve productivity and quality through the use of appropriate methods and products; provide training and monitoring in the use of anti-pollution methods connected with inputs;- promote complementarity in agriculture;- promote technological cooperation in agriculture and the exchange of know-how, particularly between the private sectors in the Community and Slovenia;- develop cooperation on animal health and plant health with the aim of bringing about gradual harmonisation with Community standards through assistance for training and the organisation of checks.2. To these ends, technical assistance shall be provided by the Community as appropriate.Article 80 Energy1. In line with the principles of the market economy and of the Treaty on the European Energy Charter, the parties shall cooperate to develop the progressive integration of Europe's energy markets.2. The cooperation shall include technical assistance where appropriate in the following areas:- formulation and planning of energy policy both at national and regional level, including long-term aspects;- opening up the energy market to a greater degree, including facilitating transit of gas and electricity;- study of the modernisation of energy infrastructure;- improvement of distribution as well as improvement and diversification of supply;- management and training for the energy sector;- the development of energy resources;- the promotion of energy saving and energy efficiency;- the environmental impact of energy production and consumption;- the nuclear energy sector;- the electricity and gas sectors, including consideration of the possibility of the interconnection of the supply networks;- the formulation of framework conditions for cooperation between undertakings in this sector, which could include the encouragement of joint ventures;- the transfer of technology and know-how, which may include if appropriate the promotion and commercialisation of efficient energy technologies;- use and support for the new and renewable energy sources.Article 81 Nuclear safety1. The aim of cooperation on nuclear safety shall be to provide for a high level of nuclear safety.2. Cooperation, as appropriate to the Slovenian specific situation, shall cover the following:- nuclear safety including both regulatory and operational aspects and serious accident management;- protection against radiation, including monitoring of radiation in the environment;- fuel cycle problems and safeguarding of nuclear materials, including measures against nuclear smuggling;- radioactive waste management;- early exchange of information in case of radiological emergencies;- decommissioning of nuclear facilities;- nuclear third party liability.3. Cooperation shall include the exchange of information and experience and R& D activities in accordance with Article 77.Article 82 Environment and protection against natural disasters1. The parties shall develop and strengthen their cooperation in the area of combating environmental degradation.2. Cooperation shall concern the following priority areas:- effective monitoring of pollution levels; systems of information on the state of the environment;- combating local, regional and transboundary pollution (pollution of air and water, including drinking water);- sustainable, efficient and environmentally effective production and use of energy; safety of industrial plants, including nuclear installations;- classification and safe handling of chemicals;- effective prevention and reduction of water pollution, especially of transboundary watercourses;- reduction, recycling and safe disposal of waste (including radioactive waste) and implementation of the Basel Convention;- the environmental impact of agriculture; soil erosion and pollution through the chemical products used in agriculture;- protection of forests, flora and fauna and the conservation of biodiversity;- restoring ecological stability in the countryside;- land management, including construction and town planning;- use of economic and fiscal instruments;- global climate change and its prevention;- management of coastal areas and the prevention of marine pollution;- international conventions in the area of environment;- improvement of environmental standards of cars;- environmental impact assessment of concepts and infrastructural projects concerning traffic/transport;- correct assessment of costs and internalisation of external costs.3. Cooperation shall comprise:- exchange of information and experts, including information and experts concerned with the transfer of clean technologies and the safe use of environmentally sound biotechnologies;- training programmes and courses;- joint research activities;- approximation of laws (Community standards);- cooperation at regional level (including cooperation within the framework of the European Environment Agency) and at international level;- development of strategies, particularly with regard to global and climatic issues;- environmental education and awareness of environmental issues;- environmental impact assessments.4. In the field of protection against natural disasters, the aim of cooperation is to assure protection of people, animals, property and environment against natural and man-made disasters.To this end, the cooperation shall include the following areas:- exchange of the outcome of the scientific and research development projects;- mutual and early notification on hazards disasters and their consequences;- rescue and relief assistance systems in cases of disasters;- exchange of experience in rehabilitation and reconstruction after a disaster;- education and training for protection against natural and man-made disasters;- rescue and relief exercise.Article 83 Transport1. The parties shall develop and step up cooperation in order to enable Slovenia to:- restructure and modernise transport;- improve movement of passengers and goods and access to the transport market by removing administrative, technical and other barriers;- achieve operating standards comparable to those in the Community;- develop a transport system that is compatible and aligned with the Community system.2. The cooperation shall include the following in particular:- economic, legal and technical training programmes;- technical assistance, advice, and exchanges of information.3. The cooperation shall include the following priority areas:- road transport, including taxation and social and environmental aspects;- combined rail and road transport;- the management of railways and airports, including cooperation between the relevant national authorities;- the development of road, rail, port and airport infrastructure on major routes of common interest and trans-European links;- the harmonisation of international transport statistics;- the renovation of technical transport equipment in line with Community standards, particularly as regards road-rail transport, multimodal transport and trans-shipment;- the promotion of joint technological and research programmes in accordance with established procedures;- the adoption of coordinated transport policies that are compatible with those applied in the Community.Article 84 Post and telecommunications1. The parties shall expand and strengthen cooperation in the area of post and telecommunications and shall to this end in particular:- exchange information on telecommunications and postal services policies;- exchange technical and other information and organise seminars, workshops and conferences for experts of both sides;- conduct training and advisory operations;- carry out transfers of technology;- have the appropriate bodies from both sides carry out joint projects;- promote European standards, systems of certification and regulatory approaches;- promote new communications facilities, particularly those with commercial applications.2. These activities shall focus on the following priority areas:- the modernisation of Slovenia's telecommunications network and postal services and their integration into European and world networks;- cooperation within the structures of European standardisation;- the integration of trans-European systems; the legal and regulatory aspects of telecommunications;- the management of telecommunications in the new economic environment: organisational structures, strategy and planning, purchasing principles;- land use planning, including construction and urban planning.Article 85 Banking, insurance and other financial services1. The parties shall cooperate with the aim of establishing and developing a suitable framework for the encouragement of banking, insurance and financial services sector in Slovenia.(a) The cooperation shall focus on:- the adoption of a common accounting system compatible with European standards;- the strengthening and restructuring of the banking, insurance and other financial sectors;- the improvement of supervision and regulation of banking and other financial services, and technical assistance to the establishment and the operations of an insurance supervision body in Slovenia;- the preparation of translations of Community and Slovenian legislation;- the preparation of terminology glossaries;- the exchange of information in particular in respect of proposed legislation.(b) To this end, the cooperation shall include the provision of technical assistance and training.2. The parties shall cooperate with the aim of developing efficient audit systems in Slovenia following the harmonised Community methods and procedures.(a) Cooperation shall focus on:- technical assistance to the court of auditors in Slovenia;- the establishment of internal audit units in official agencies;- the exchange of information with regard to auditing systems;- the standardisation of audit documentation;- training and advisory operations.(b) To this end, technical assistance shall be provided by the Community as appropriate.Article 86 Monetary policyAt the request of Slovenian authorities, the Community shall provide assistance designed to support the efforts of Slovenia towards the introduction of full convertibility of the tolar and the gradual approximation of its policies to those of the European Monetary System. Cooperation in this area will include informal exchange of information concerning the principles and the functioning of the European Monetary System, the European Monetary Institute and the European system of Central Banks.Article 87 Prevention of money laundering1. The parties agree on the necessity of making every effort and cooperating in order to prevent the use of their financial systems for laundering of proceeds from criminal activities in general and drug offences in particular.2. Cooperation in this area shall include administrative and technical assistance with the purpose to develop the implementation of regulations and efficient functioning of the suitable standards and mechanisms to combat money laundering equivalent to those adopted by the Community and international fora in this field, in particular the Financial Action Task Force (FATF).Article 88 Regional development1. The parties shall strengthen cooperation between them on regional development and land use.2. To this end, any of the following measures may be undertaken:- the exchange of information by national, regional or local authorities on regional and land use planning policy;- the provision of assistance to Slovenia for the formulation of such policy;- joint action by regional and local authorities in the area of economic development;- the study of coordinated approaches for the development of border areas between the Community and Slovenia and other areas of Slovenia with severe regional disparities;- exchange visits to explore the opportunities for cooperation and assistance;- the exchange of civil servants or experts;- the provision of technical assistance;- the establishment of programmes for the exchange of information and experience, by methods including seminars.Article 89 Social cooperation1. With regard to health and safety at work, the parties shall develop cooperation between them with the aim of improving the level of protection of the health and safety of workers, taking as a reference the level of protection existing in the Community. Cooperation shall comprise the following in particular:- the provision of technical assistance;- the exchange of experts;- cooperation between firms;- the exchange of information and administrative and other relevant assistance to firms; training operations.2. With regard to employment, cooperation between the parties shall focus notably on upgrading job-finding and careers advice services, providing back-up measures and promoting local development to assist industrial restructuring.It shall also include measures such as studies, the secondment of experts and information and training operations.3. With regard to social security, cooperation between the parties shall seek to adapt the Slovenian social security system to the new economic and social requirements, notably by providing the services of experts and organising information and training activities.Article 90 TourismThe parties shall increase and develop cooperation between them with a view to:- encouraging tourism;- increasing the flow of information through international networks, data banks, etc.;- transferring know-how by organising training, exchanges and seminars;- executing regional tourist projects such as cross-frontier projects, town-twinning, etc.;- exchanging views and providing for appropriate exchanges of information on major issues of mutual interest affecting the tourism sector;- encouraging the development of infrastructure conductive to investment in the tourism sector;- introducing a computerised reservation and information system in Slovenia, together with rules for the protection of tourists as consumers.Article 91 Small and medium-sized enterprises1. The parties shall aim to develop and strengthen private sector small and medium-sized enterprises (SMEs) and cooperation between SMEs in the Community and Slovenia.2. They shall encourage the exchange of information and know-how in the following areas:- bringing about the legal, administrative, technical, tax and financial conditions necessary to the establishment and expansion of SMEs and for cross-border cooperation;- the provision of the specialised services required by SMEs (management training, accounting, marketing, quality control, etc.) and the strengthening of agencies providing such services;- the establishment of appropriate links with Community operators with the aim of improving the flow of information to SMEs and promoting cross-border cooperation, (for example, through the Business Cooperation Network (BC-NET), Euro-Info Centres, conferences, etc.).3. The cooperation will include:- the provision of technical assistance, in particular for the establishment of appropriate institutional support for SMEs, at national and regional level, in respect of financial, technological and commercial services;- training and advisory services.Article 92 Information communication1. The Community and Slovenia shall take appropriate steps to stimulate effective mutual exchange of information. Priority shall be given to programmes aimed at providing the general public with basic information about the Community and Slovenia, and at supplying Slovenian business circles with more specialised information, including, where possible, access to Community databases.2. The parties shall coordinate and, where appropriate, harmonise their policies regarding the regulation of cross-border broadcasts, technical standards and the promotion of European audiovisual technology.3. Cooperation may include providing for exchange programmes, scholarships, training facilities for journalists and experts in the sectors of the media as appropriate.Article 93 Consumer protection1. The parties shall cooperate with the aim of achieving compatibility between the consumer protection systems of Slovenia and the Community. Effective consumer protection should be sought as a prerequisite for an efficient market economy.2. To this end, in view of their shared interests, the parties shall promote and provide:- active consumer protection policies, in line with Community legislation and, where appropriate, United Nations guidelines;- harmonisation of legislation and alignment of Slovenian consumer protection laws with those applied in the Community;- effective legal protection of consumers in order to improve quality and guarantee adequate safety standards for consumer goods.3. Cooperation in this field may include:- exchanges of information on dangerous products;- training of government and NGO experts in the field of consumer protection;- assistance with the development of independent organisations whose goal is to improve information to consumers, particularly through awareness campaigns;- the establishment of information and advice centres to settle disputes and provide legal and other advice to consumers; cooperation between Slovenia and Community centres;- access to Community databases;- development of exchanges between representatives of consumers' interests.Article 94 Customs1. The aim of cooperation shall be to guarantee compliance with all the provisions scheduled for adoption in connection in the area of trade and to achieve the approximation of Slovenia's customs system to that of the Community, thus helping to pave the way for liberalization measures planned under this Agreement.2. Cooperation shall include the following in particular:- the exchange of information including on the methods of investigation;- the development of cross-frontier infrastructure between the parties;- the interconnection between the transit systems of the Community and Slovenia;- the simplification of inspections and formalities in respect of the carriage of goods;- the organisation of seminars and placements.Technical assistance shall be provided where appropriate.3. Without prejudice to further cooperation provided for in this Agreement, and in particular Article 97, the mutual assistance between administrative authorities in customs matters of the parties shall take place in accordance with the provisions of Protocol 5.Article 95 Statistical cooperation1. Cooperation in the area of statistics shall have as its aim the development of an efficient statistical system to provide, in a rapid and timely fashion, the reliable statistics needed to plan and monitor the process of reform and to contribute to the development of private enterprise in Slovenia.2. To this end the parties shall cooperate in particular:- to promote the development of an efficient statistical service in Slovenia with the requisite institutional framework;- to bring about harmonisation with international (and particularly Community) methods, standards and classifications;- to provide the data needed to maintain and monitor economic reform;- to provide private sector economic operators with the appropriate macroeconomic and microeconomic data;- to guarantee the confidentiality of individual data;- to enable Slovenia to adopt the principles and standards of the Community statistical system.3. Cooperation in this field shall include:- providing information on methods;- organising a programme of technical assistance comprising:- seminars, placements and technical consultations;- training activities;- pilot surveys;- participation in selected Eurostat working groups;- exchange of statistical data.Article 96 Economic policy1. The Community and Slovenia shall facilitate the process of economic reform and integration by cooperating to improve understanding of the fundamentals of their respective economies and of implementing economic policy in market economies.2. To these ends the Community and Slovenia shall cooperate to:- exchange information on macroeconomic performance and prospects and on strategies for development;- analyse jointly economic issues of mutual interest, including the framing of economic policy and the instruments for implementing it;- through the programme of Action for Cooperation in Economics in particular, encourage extensive cooperation among economists and managers in the Community and Slovenia, in order to speed the transfer of know-how for the drafting of economic policies, and provide for wide dissemination of the results of policy-relevant research.Article 97 Combating drug abuse1. Within the scope of their respective powers and competences, the parties shall cooperate in increasing the efficiency of policies and measures to counter the illicit supply and traffic of narcotics and psychotropic substances and reducing abuse of these products.2. The parties shall agree on the necessary methods of cooperation to attain these objectives, including the detailed arrangements for the implementation of common actions. Their actions will be based on consultation on and close coordination of the objectives and the policy measures in the fields targeted in paragraph 1.3. The cooperation between the parties shall comprise technical and administrative assistance which could deal in particular with the following areas: the drafting and implementation of national legislation; the establishment of institutions and information centres and of social and health centres; the training of personnel and research; the prevention of diversion of precursors used for the purpose of illicit manufacture of narcotic drugs of psychotropic substances. The parties may agree to include other areas.TITLE VII PREVENTION OF ILLEGAL ACTIVITIES Article 981. The parties shall, within the scope of their respective powers and competences, establish a framework for cooperation designed to prevent illegal activities such as:- clandestine immigration and the illegal presence of either party's nationals on the other's territory, with due allowance for the principles and practices of readmission;- illegal economic activities, notably corruption;- illegal transactions involving merchandise such as industrial waste and counterfeit goods;- illegal trafficking in drugs and psychotropic substances;- illegal transfer of motor vehicles;- organised crime;- theft or an illegal trade in radioactive and nuclear material.2. Cooperation in the areas referred to in paragraph 1 shall be the subject of mutual consultations and close coordination. This cooperation should include technical and administrative assistance in:- the drafting of national legislation for the prevention of illegal activities;- the establishment of information centres;- improving the efficiency of institutions responsible for preventing illegal activities;- staff training and development of investigative facilities;- drawing up mutually acceptable measures for the prevention of illegal activities.TITLE VIII CULTURAL COOPERATION Article 991. The parties undertake to promote cultural cooperation. Where appropriate, the Community's cultural cooperation programmes, or those of one or more Member States, may be extended to Slovenia and further activities of interest to both sides developed.This cooperation may cover in particular:- literary translation;- non-commercial exchanges of works of art and artists;- conservation and restoration of monuments and sites (architectural and cultural heritage);- training for those dealing with cultural affairs;- the organisation of cultural events with a European emphasis;- dissemination of information on major cultural works.2. The parties may cooperate in the promotion of the audiovisual industry in Europe. In particular, the Slovenian audiovisual sector could apply to take part in activities set up by the Community in the framework of the MEDIA programme, in accordance with the procedures laid down by the bodies responsible for the various activities and the provisions of Council Decision 90/685/EEC which established the programme.The parties shall coordinate and, where appropriate, harmonise their policies governing cross-border broadcasts, paying particular attention to the acquisition of intellectual property rights for satellite and cable broadcasts, audiovisual technical standards and the promotion of European audiovisual technology.Cooperation in this area might also include exchanges of programmes, scholarships and equipment with a view to the training of journalists and other media professionals.TITLE IX FINANCIAL COOPERATION Article 100In order to achieve the objectives of this Agreement and in accordance with Articles 101, 102 and 104, without prejudice to Article 103, Slovenia shall receive temporary financial assistance from the Community in the form of grants and loans, including loans from the European Investment Bank according to the provisions of Article 18 of the Statute of the Bank.Article 101This financial assistance shall be covered by:- the Operation PHARE measures provided for in Council Regulation (EEC) No 3906/89, as amended, on a multiannual basis, or within a new multiannual financial framework established by the Community following consultations with Slovenia and taking into account the considerations set out in Articles 104 and 105 of this Agreement;- loans provided by the European Investment Bank until the expiry date of the availability thereof. Following consultations with Slovenia the Community shall fix the maximum amount and period of availability of loans from the European Investment Bank for Slovenia for subsequent years.Article 102The objectives and the areas of the Community's financial assistance shall be laid down in an indicative programme to be agreed between the two parties. The parties shall inform the Association Council.Article 1031. The Community shall, in case of special need, taking into account the availability of all financial resources, at the request of Slovenia and in coordination with international financial institutions, in the context of the G-24, examine the possibility of granting temporary financial assistance:- to support, as appropriate, measures with the aim of ensuring the viability of Slovenia's external accounts and maintaining the convertibility of its currency;- to support medium-term structural adjustment efforts in the Slovenian economy, including balance of payments assistance.2. This financial assistance shall be subject to the presentation by Slovenia of stabilisation programmes for its economy, approved by the IMF, to the Community's acceptance thereof, to Slovenia's continued adherence to these programmes and, as an ultimate objective, to rapid transition to reliance on finance from private sources.3. The Association Council will be informed of the conditions under which this assistance will be provided and regarding compliance with the obligations undertaken by Slovenia concerning such assistance.Article 104The Community financial assistance shall be evaluated in the light of the needs which arise and of Slovenia's development level, and taking into account established priorities and the absorption capacity of Slovenia's economy, the ability to repay loans and introduction of a market economy system and restructuring in Slovenia.Article 105In order to permit optimum use of the resources available, the parties shall ensure that Community contributions are made in close coordination with those from other sources such as the Member States, other countries, including the G-24, and international financial institutions, such as the International Monetary Fund, the International Bank for Reconstruction and Development and the European Bank for Reconstruction and Development.Article 106Slovenia shall participate in framework programmes, specific programmes, projects or other actions of the Community in the fields laid down in Annex XI. Without prejudice to the existing participation of Slovenia in the activities referred to in Annex XI, the Association Council shall decide the terms and conditions for the participation of Slovenia in these activities. The financial contribution of Slovenia to the activities referred to in Annex XI shall be based on the principle that Slovenia shall meet the costs resulting from its participation. If necessary the Community may decide, on a case-by-case basis, and pursuant to the rules applicable to the general budget of the European Communities, to pay a supplement to Slovenia's contribution.TITLE X PROVISIONS RELATING TO THE OSIMO AGREEMENTS AND CONCERNING ECONOMIC COOPERATION BETWEEN SLOVENIA AND ITALY Article 107In order to promote regional cooperation, the Community and Slovenia shall give particular attention, as part of the implementation of their cooperation, to activities which come within the scope of the Agreements signed at Osimo on 10 November 1975 by the Italian Republic and the Socialist Federal Republic of Yugoslavia and to the transfrontier cooperation initiatives which form part of the general framework of economic cooperation between Italy and Slovenia.In particular, the parties shall take account of their mutual interest in attaining the objectives referred to in the first subparagraph in the selection of projects that are to receive financial assistance in the context of cooperation.Article 108Without prejudice to Article 31, the Community, within the framework of Community provisions governing free zones, and Slovenia shall grant free access to their markets to products that have obtained originating status, within the meaning of the Protocol on originating products, in the free frontier zones which could be created by agreement between the Italian Republic and Republic of Slovenia within the meaning of the Agreement on the promotion of economic cooperation, signed in Osimo in 1975.Article 109For the purposes of the implementation of Articles 107 and 108, the Community and Slovenia shall cooperate in accordance with the cooperation objectives referred to in Article 107.TITLE XI INSTITUTIONAL, GENERAL AND FINAL PROVISIONS Article 110An Association Council is hereby established which shall supervise the implementation of this Agreement. It shall meet at Ministerial level once a year and when circumstances require. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.Article 1111. The Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of Slovenia, on the other.2. Members of the Association Council may arrange to be represented, in accordance with the conditions to be laid down in its rules of procedure.3. The Association Council shall establish its rules of procedure.4. The Association Council shall be chaired in turn by a member of the Council of the European Union and a member of the Government of Slovenia, in accordance with the provisions to be laid down in its rules of procedure.5. In matters which concern it, the European Investment Bank shall take part, as an observer, in the work of the Association Council.Article 112The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein. The decisions taken shall be binding on the parties, which shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations.It shall draw up its decisions and recommendations by agreement between the two parties.Article 1131. Each of the two parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.2. The Association Council may settle the dispute by means of a decision.3. Each party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.4. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either party may notify the other of the appointment of an arbitrator; the other party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one party to the dispute.The Association Council shall appoint a third arbitrator.The arbitrators' decision shall be taken by majority vote.Each party to the dispute must take the steps required to implement the decision of the arbitrators.Article 1141. The Association Council shall be assisted in the performance of its duties by an Association Committee composed of representatives of the members of the Council of the European Union and of members of the Commission of the European Communities, on the one hand, and of representatives of the Government of Slovenia, on the other, normally at senior civil servant level.In its rules of procedure the Association Council shall determine the duties of the Association Committee, which shall include the preparation of meetings of the Association Council, and shall determine how the Committee shall function.2. The Association Council may delegate to the Association Committee any of its powers. In this event the Association Committee shall take its decisions in accordance with the conditions laid down in Article 112.Article 115The Association Council may decide to set up any other special committee or body that can assist it in carrying out its duties.In its rules of procedure, the Association Council shall determine the composition and duties of such committees or bodies and how they shall function.Article 116An Association Parliamentary Committee is hereby established. It shall be a forum for Members of the Slovenian Parliament and the European Parliament to meet and exchange views. It shall meet at intervals which it shall itself determine.Article 1171. The Association Parliamentary Committee shall consist of members of the European Parliament, on the one hand, and of Members of the Slovenian Parliament, on the other.2. The Association Parliamentary Committee shall establish its rules of procedure.3. The Association Parliamentary Committee shall be chaired in turn by the European Parliament and the Slovenian Parliament, in accordance with the provisions to be laid down in its rules of procedure.Article 118The Association Parliamentary Committee may request relevant information regarding the implementation of this Agreement from the Association Council, which shall supply the Committee with the requested information.The Association Parliamentary Committee shall be informed of the decisions of the Association Council.The Association Parliamentary Committee may make recommendations to the Association Council.Article 119Within the scope of this Agreement, each party undertakes to ensure that natural and legal persons of the other party have access free of discrimination in relation to its own nationals to the competent courts and administrative organs of the parties to defend their individual rights and their property rights, including those concerning intellectual, industrial and commercial property.Article 120Nothing in this Agreement shall prevent a party from taking any measures:(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;(b) which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;(c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.Article 1211. In the fields covered by this Agreement and without prejudice to any special provisions contained therein:- the arrangements applied by Slovenia in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or its companies or firms;- the arrangements applied by the Community in respect of Slovenia shall not give rise to any discrimination between Slovenian nationals or its companies or firms.2. The provisions of paragraph 1 shall be without prejudice to the right of the parties to apply the relevant provisions of their fiscal legislation to taxpayers who are not in identical situations as regards their place of residence.Article 122Products originating in Slovenia shall not receive more favourable treatment when imported into the Community than that applied by Member States among themselves.The treatment granted to Slovenia under Title IV and Chapter I of Title V shall not be more favourable than that accorded by Member States among themselves.Article 1231. The parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.2. If either party considers that the other party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the parties.In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other party so requests.Article 124This Agreement shall not, until equivalent rights for individuals and economic operators have been achieved under this Agreement, affect rights ensured to them through existing agreements binding one or more Member States, on the one hand, and Slovenia, on the other.Article 125For the purposes of this Agreement, the term 'parties` shall mean the Community, or its Member States, or the Community and its Member States, in accordance with their respective powers, of the one part, and Slovenia, of the other part.Article 126Protocols 1, 2, 3, 4, 5 and 6 and Annexes I to XIII shall form an integral part of this Agreement.Article 127This Agreement is concluded for an unlimited period.Either party may denounce this Agreement by notifying the other party. This Agreement shall cease to apply six months after the date of such notification.Article 128The Secretary General of the Council of the European Union shall be the depository of the Agreement.Article 129This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community are applied and under the conditions laid down in those Treaties, and to the territory of Slovenia on the other.Article 130This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Slovenian languages, each of these texts being equally authentic.Article 131This Agreement shall be approved by the parties in accordance with their own procedures.This Agreement shall enter into force on the first day of the second month following the date on which the parties notify each other that the procedures referred to in the first paragraph have been completed.Upon its entry into force, this Agreement shall replace the Cooperation Agreement between the European Economic Community and the Republic of Slovenia signed in Luxembourg on 5 April 1993, and the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Republic of Slovenia, of the other part, signed in Luxembourg on 5 April 1993.Article 132In the event that, pending the completion of the procedures necessary for the entry into force of this Agreement, the provisions of certain parts of this Agreement, in particular those relating to goods, are put into effect in 1996 by means of an Interim Agreement between the Community and Slovenia, the parties agree that, in such circumstances for the purposes of Title III, Articles 65, 67 and 68 of this Agreement and Protocols 1 to 6 hereto, the terms 'date of entry into force of this Agreement` shall mean:- the date of entry into force of the Interim Agreement in relation to obligations taking effect on that date, and- 1 January 1996 in relation to obligations taking effect after the date of entry into force by reference to the date of entry into force.Hecho en Luxemburgo, el diez de junio de mil novecientos noventa y seis.Udfærdiget i Luxembourg den tiende juni nitten hundrede og seksoghalvfems.Geschehen zu Luxemburg am zehnten Juni neunzehnhundertsechsundneunzig.¸ãéíå óôï Ëïõîåìâïýñãï, óôéò äÝêá Éïõíßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá Ýîé.Done at Luxembourg on the tenth day of June in the year one thousand nine hundred and ninety-six.Fait à Luxembourg, le dix juin mil neuf cent quatre-vingt-seize.Fatto a Lussemburgo, addì dieci giugno millenovecentonovantasei.Gedaan te Luxemburg, de tiende juni negentienhonderd zesennegentig.Feito no Luxemburgo, em dez de Junho de mil novecentos e noventa e seis.Tehty Luxemburgissa kymmenentenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.Som skedde i Luxemburg den tionde juni nittonhundranittiosex.V Luksemburgu, desetega junija tiso Ocdevetsto Osestindevetdeset.Pour le Royaume de BelgiqueVoor het Koninkrijk BelgiëFür das Königreich Belgien>REFERENCE TO A GRAPHIC>Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.For Kongeriget Danmark>REFERENCE TO A GRAPHIC>Für die Bundesrepublik Deutschland>REFERENCE TO A GRAPHIC>Ãéá ôçí ÅëëçíéêÞ ÄçìïêñáôéÜ>REFERENCE TO A GRAPHIC>Por el Reino de España>REFERENCE TO A GRAPHIC>Pour la République française>REFERENCE TO A GRAPHIC>Thar ceann na hÉireannFor Ireland>REFERENCE TO A GRAPHIC>Per la Repubblica italiana>REFERENCE TO A GRAPHIC>Pour le Grand-Duché de Luxembourg>REFERENCE TO A GRAPHIC>Voor het Koninkrijk der Nederlanden>REFERENCE TO A GRAPHIC>Für die Republik Österreich>REFERENCE TO A GRAPHIC>Pela República Portuguesa>REFERENCE TO A GRAPHIC>Suomen tasavallan puolestaFör Republiken Finland>REFERENCE TO A GRAPHIC>För Konungariket Sverige>REFERENCE TO A GRAPHIC>For the United Kingdom of Great Britain and Northern Ireland>REFERENCE TO A GRAPHIC>Por las Comunidades EuropeasFor De Europæiske FællesskaberFür die Europäischen GemeinschaftenÃéá ôéò ÅõñùðáúêÝò ÊïéíüôçôåòFor the European CommunitiesPour les Communautés européennesPer le Comunità europeeVoor de Europese GemeenschappenPelas Comunidades EuropeiasEuroopan yhteisöjen puolestaFör Europeiska gemenskaperna>REFERENCE TO A GRAPHIC>Za Republiko Slovenijo>REFERENCE TO A GRAPHIC>ANNEX I >TABLE>ANNEX II >TABLE>>TABLE>ANNEX III LIST OF PRODUCTS REFERRED TO IN ARTICLE 11(2) 2501 002505 102505 902506 212506 292508 102508 302508 402508 602509 002517 102517 492518 102518 202518 302521 002522 102522 202522 302528 902530 902710 00 272710 00 292710 00 322710 00 342710 00 362710 00 692710 00 742710 00 762710 00 772710 00 782715 002804 102804 212805 402810 002811 192811 222811 232811 292815 302818 102818 202821 202824 102824 202824 902826 192826 202826 902827 202827 362827 392828 102829 902830 302830 902831 902832 102832 202833 192833 212833 262833 292833 402834 222834 292835 102835 212835 222835 232835 242835 252835 262835 292835 392836 102836 912836 922836 932836 992837 192837 202838 002839 112839 192839 202839 902840 112840 192840 202841 102841 502841 702841 802841 902842 102842 902843 292846 102846 902848 102848 902849 202849 902850 002851 002901 102901 212901 222901 232901 242901 292902 112902 192902 422902 432902 602902 702902 902903 122903 132903 142903 152903 162903 192903 292903 302903 402903 512903 592903 612903 622903 692904 102904 902905 112905 142905 152905 172905 192905 212905 222905 292905 392905 412905 432905 492905 502906 122906 132906 142906 192906 212906 292907 142907 152907 192907 222907 232907 292907 302908 102908 202908 902909 202909 302909 502909 602910 202910 902912 122912 132912 192912 212912 302912 422912 492912 502912 602913 002914 192914 212914 232914 292914 302914 412914 502914 702915 232915 402915 502915 602916 192916 202916 322916 332916 392917 132917 142917 202917 342917 362918 172918 192918 232918 292918 302918 902919 002921 122921 222921 302921 412921 422921 432921 442921 452921 492922 212922 222922 292922 302923 902924 212925 192925 202926 202926 902928 002929 902930 102932 122933 212933 792942 003004 103004 20 903004 31 903004 323004 393004 403004 503004 903005 103005 903006 203006 303006 403006 503006 603101 003105 103201 303201 903207 103207 203207 303207 403209 903210 003212 103212 903213 103213 903214 903215 113215 193302 103302 903303 00 903304 103304 203304 303304 913304 993305 103305 203305 303305 903306 103306 903307 103307 203307 303307 413307 493307 903401 113401 193401 203402 113402 123402 133402 193402 903403 113403 193403 913403 993404 103404 203404 903405 103405 203405 303405 403405 903407 003501 903505 103505 203506 103506 913506 993507 103601 003604 103604 903606 103606 903701 993801 903804 003805 103805 203805 903808 103808 203808 303808 403808 903809 103809 913809 923809 993810 103810 903814 003816 003817 203819 003820 003822 003823 103823 203823 303823 403823 503905 113905 193905 903906 103907 503907 913907 993909 103909 303909 403909 503915 103915 203915 303915 903916 103916 203916 903917 213917 223917 233917 293917 313917 323917 333917 393917 403918 903919 103919 903920 103920 203920 303920 413920 423920 513920 593920 613920 623920 633920 693920 723920 733920 793920 923920 933920 943920 993921 113921 123921 133921 143921 193921 903922 203922 903923 103923 293923 303923 403923 503923 903924 103924 903925 103925 203925 303925 903926 103926 203926 303926 904003 004004 004005 104005 914005 994006 104006 904008 114008 194008 214008 294009 104009 204009 304009 404009 504010 104010 914010 994011 104011 204011 504011 914012 104012 204012 904013 104013 204013 904015 194015 904016 104016 914016 934016 944016 954016 994104 10 954104 10 994104 294105 11 914105 11 994105 12 904105 19 904105 204106 11 904106 124106 194106 204107 10 904107 214107 294107 904108 004109 004110 004111 004302 114302 124302 134302 194302 204304 00 104701 004702 004704 114704 194704 294707 104707 204707 304707 904802 104802 404802 514802 534809 104809 204809 904810 214810 294811 294811 314811 394814 104814 904815 004816 304816 904817 104817 204817 304820 104820 204820 304820 404820 504820 904821 104821 904823 114823 194823 304823 514823 604823 904901 994907 004908 104909 004910 004911 104911 914911 996403 51 196403 51 916403 51 956403 51 996403 596403 916403 996406 916601 106601 916601 996603 106603 206603 906801 006802 106802 216802 226802 236802 296802 916802 926802 936802 996803 006804 216804 226804 236804 306805 106805 206805 306806 106806 906809 116809 196809 906812 706815 916901 006903 106903 206903 906906 006907 906908 906909 116912 006914 106914 907007 197007 297008 007010 907013 217013 297013 317013 39 917013 39 997013 917017 907019 207019 397019 907020 007307 197307 217308 107308 207308 407308 907311 007313 007314 207314 307314 417314 427314 497314 507315 117315 127315 197315 207315 817315 827315 897315 907320 107320 207320 907321 817321 827321 837321 907322 117322 197322 907324 297610 907612 108201 108201 208201 308201 408201 508201 608201 908202 108202 208202 318202 328202 408202 918202 998207 308208 108208 208208 308208 408213 008303 008304 008307 108307 908308 208309 108310 008403 908404 108404 208404 908408 108408 20 318408 20 358408 20 378408 20 518408 20 558408 20 578408 20 998408 908412 218412 318414 208414 308414 408414 808416 108416 208416 308416 908419 118419 198419 318419 328419 508419 608421 118421 128421 198421 218421 228421 238421 298421 318421 39 308421 39 518421 39 558421 39 718421 39 758421 918422 308422 408424 208424 898424 908426 118426 128426 198426 208426 308426 418426 498426 918426 998430 208431 108431 208431 318431 398431 418431 428431 438431 498432 108432 218432 298432 308432 808432 908433 118433 408433 528433 538433 608433 908434 108434 208434 908435 108435 908436 808441 808450 208450 908451 108451 298451 308451 408451 508451 808451 908453 108453 208453 808453 908454 108454 208456 108456 208456 308456 908457 108457 208457 308458 118458 198458 918458 998459 108459 218459 298459 318459 398459 408459 518459 598459 618459 698459 708460 118460 318460 398460 408460 908461 108461 208461 308461 408461 508461 908462 108462 218462 298462 318462 398462 418462 498462 918462 998463 108463 208463 308463 908464 108464 208464 908465 108465 918465 928465 938465 948465 958465 968465 998466 108466 208466 308466 918466 928466 938466 948467 818470 508474 108474 208474 318474 328474 398474 808474 908477 518477 598477 908479 108479 208479 308479 408479 818479 828479 898479 908483 108483 208483 308483 508483 608483 908484 108484 908516 508517 108517 408517 818518 108525 108525 208532 218532 298536 90 018536 90 108536 90 208541 308541 508546 108546 208601 108601 208602 108602 908603 108603 908604 008605 008606 108606 208606 308606 918606 928606 998607 118607 128607 198607 218607 298607 308607 918607 998701 108703 32 198708 508708 608708 708712 008713 108713 909001 109003 119004 109004 909008 209018 209018 329018 399018 419018 499018 509026 109026 209026 809026 909027 109028 909029 209029 909030 819030 899031 409031 809032 209032 819105 119403 109403 209403 909405 919506 999606 109606 219606 309607 119607 199607 209615 119615 199615 90ANNEX IV LIST OF PRODUCTS REFERRED TO IN ARTICLE 11(3) 2523 292523 902801 102804 302804 402806 102811 212815 122823 002828 902833 222835 312840 302847 002849 102912 112917 312917 322917 332917 352931 003206 103208 103208 203208 903209 103211 003214 103402 203406 003602 003603 003823 90 703823 90 813823 90 833823 90 853823 90 873823 90 913823 90 933823 90 953918 103922 103923 214201 004202 114202 124202 194202 214202 224202 294202 314202 324202 394202 914202 924202 994203 104203 214203 294203 304203 404204 004205 004303 104303 904304 00 904410 104410 904411 114411 194411 214411 294411 314411 394411 914411 994412 124412 194412 214412 294412 914412 994801 004802 524802 604803 004805 704805 804808 104810 114810 124814 204814 304816 104816 204818 104818 204818 304818 404819 104819 204819 404819 504819 604822 104822 904823 404823 594823 704903 006401 106401 916401 926401 996402 116402 196402 206402 306402 916402 996403 116403 196403 206403 306403 406404 116404 196404 206405 106405 206405 906501 006502 006503 006504 006505 106505 906506 106506 916506 926506 996507 006807 106807 906808 006810 116810 196810 206810 916810 996811 106811 206811 306811 906904 106904 906905 106905 907113 117113 197113 207114 117114 197114 207202 217202 417202 497202 99 197202 99 307202 99 807208 90 907209 90 907211 30 317211 30 397211 30 507211 30 907211 41 957211 41 997211 49 917211 49 997211 90 197211 90 907214 107215 107215 207215 307215 407215 90 907216 607216 90 507216 90 607216 90 917216 90 937216 90 957216 90 977216 90 987217 117217 127217 137217 197217 217217 227217 237217 297217 317217 327217 337217 397218 90 307218 90 917218 90 997219 90 917219 90 997220 20 317220 20 397220 20 517220 20 597220 20 917220 20 997220 30 517220 90 197220 90 397220 90 907222 207222 30 597222 30 917222 30 997225 20 907225 90 907226 10 917226 10 997226 20 807226 92 917226 92 997226 99 807228 10 507228 10 907228 20 607228 407228 507228 60 817228 60 897228 70 917228 70 997229 107229 207229 907301 207306 307306 407306 507306 607306 907307 117307 227307 237307 297307 917307 927307 937307 997308 307309 007310 107310 217310 297314 117314 197317 007318 117318 127318 137318 147318 157318 167318 197318 217318 227318 237318 247318 297321 117321 127321 137323 917323 927323 937323 947323 997325 107325 997326 207407 107407 217407 227407 297408 117408 197408 217408 227408 297419 917419 997601 207604 107604 217604 297605 117605 197605 217605 297606 117606 127606 917606 927607 117607 197607 207608 107608 207609 007610 107612 907616 907901 207904 007905 007906 007907 107907 908203 108203 208203 308203 408204 118204 128204 208205 108205 208205 308205 408205 518205 598205 608205 708205 808205 908206 008207 118207 128207 208207 408207 508207 608207 708207 808207 908301 108301 208301 308301 408301 508301 608301 708302 108302 208302 308302 418302 428302 498302 508302 608308 108308 908309 908403 108407 218407 298407 318407 328410 118410 128410 138410 908413 118413 198413 208413 308413 408413 508413 608413 708413 818413 828413 918413 928414 108414 518414 598414 608415 108415 818415 828415 838415 908417 208417 908418 108418 218418 298418 308418 408418 508418 618418 698418 918418 998419 208419 408419 818419 898421 998422 118422 198422 208423 108423 208423 308423 818423 828423 898423 908424 108424 308424 818427 108427 208427 908432 408433 198433 208433 308433 518433 598438 108450 118450 128450 198451 218454 308454 908455 308471 208471 92 808480 418481 108481 208481 308481 408481 808481 908482 108483 408501 108501 208501 318501 328501 408501 518501 528502 118502 208503 008504 108504 218504 228504 238504 338504 348504 408504 508504 908505 118505 198505 208506 118506 128506 138506 208507 108507 208507 808507 908508 108508 208508 808509 108509 208509 308509 408509 808509 908510 108511 108511 208511 308511 408511 508511 808511 908512 108512 208513 108514 10 108515 118515 198515 218515 298515 318515 398515 808515 908516 108516 218516 298516 318516 328516 338516 408516 608516 718516 728516 798516 808517 308528 108528 208529 108529 908530 108530 808531 108531 208531 808532 108532 238532 248533 298533 318533 398533 408533 908534 008535 108535 218535 298535 308535 408535 908536 108536 208536 308536 418536 498536 508536 618536 698537 108537 208538 108538 908541 108542 208542 808544 418544 498544 708546 908547 108547 208547 908701 20 908701 90ex 8702 10 11 (1)8702 10 198702 10 918702 10 99ex 8702 90 11 (2)8702 90 198702 90 318702 90 398702 90 908703 228703 238703 248703 31 908703 32 908703 338703 908704 108704 218704 228704 238704 318704 328704 908705 108705 208705 308705 408705 908706 008709 118709 198709 908711 108711 208716 208716 318716 398716 408716 808801 108903 918903 928903 999008 109008 309013 209016 009019 109019 209028 309030 319030 399030 409032 109032 899103 109103 909105 219105 299105 919105 999106 109107 009404 109404 219404 299404 309404 909405 109405 209405 309405 409405 509405 609406 009603 109603 219603 299603 309603 409603 509603 909606 22>TABLE>(1) See note for the description of the product refered to.ANNEX V >TABLE>ANNEX VI LIST OF PRODUCTS REFERRED TO IN ARTICLE 21(2) >TABLE>ANNEX VII LIST OF PRODUCTS REFERRED TO IN ARTICLE 21(4) Imports into Slovenia of the following products originating in the Community shall be subject to 50 % reduction of the applying duty >TABLE>ANNEX VIII(a) LIST OF PRODUCTS REFERRED TO IN ARTICLE 24 >TABLE>ANNEX VIII(b) LIST OF PRODUCTS REFERRED TO IN ARTICLE 24 >TABLE>ANNEX IX (a) ESTABLISHMENT: SECTORS RELATED TO THE TRANSITIONAL PERIOD Reservation to national treatment (these reservations are not to be applied in manner inconsistent with Most-Favoured-Nation treatment):1. Until two years after the entry into force of the Agreement:- direct insurance (including co-insurance) except life insurance,- reinsurance and retrocession.2. Until three years after the entry into force of the Agreement:- broker dealer financial services,- investment fund management companies,- life insurance.3. Until four years after the entry into force of the Agreement:- authorised investment management companies (established on the basis of the Law of March 1994 on investment funds and investment management companies) (1).4. Until the end of the transitional period:- investigation and security services,- exploitation of natural resources (subject to a concession),- transport services via pipeline on a fee or contractual basis of natural gas,- dealing and agency activities in real estate.(1) Restriction on buying over 10 % of the shares of these companies.ANNEX IX (b) ESTABLISHMENT: EXCLUDED SECTORS REFERRED TO IN ARTICLE 45 I. Organisation of gambling, betting, lotteries and other similar activities.II. Dealing and agency activities in cultural and historical monuments and buildings and natural reserves.These reservations are not to be applied in a manner inconsistent with Most-Favoured-Nation treatment.ANNEX IX (c) ESTABLISHMENT: FINANCIAL SERVICES REFERRED TO IN TITLE IV, CHAPTER II Financial Services: Definitions A financial service is any service of a financial nature offered by a financial service provider of a party.Financial services include the following activities:A. All Insurance and insurance-related services: 1. direct insurance (including co-insurance):(i) life;(ii) non-life;2. reinsurance and retrocession;3. insurance inter mediation, such as brokerage and agency;4. services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services;B. Banking and other financial services (excluding insurance): 1. acceptance of deposits and other repayable funds from the public;2. lending of all types, including, inter alia, consumer-credit, mortgage credit, factoring and financing of commercial transaction;3. financial leasing;4. all payment and money transmission services, including credit charge and debit cards, travellers cheques and bankers draft;5. guarantees and commitments;6. trading for own account of customers, whether on an exchange, in an over the counter market or otherwise, the following:(a) money market instruments (cheques, bills, certificates of deposits, etc.),(b) foreign exchange,(c) derivative products including, but not limited to, futures and options,(d) exchange rates and interest rate instruments, including products such as swaps, forward rate agreements, etc.,(e) transferable securities,(f) other negotiable instruments and financial assets, including bullion;7. participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;8. money broking;9. asset management, such as cash or portfolio management, all forms of collective investment management, pension-fund management, custodial depository and trust services;10. settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;11. advisory intermediation and other auxiliary financial services on all the activities listed in points 1 to 10 above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy;12. provision and transfer of financial information, and financial data processing and related software by providers of other financial services.The following activities are excluded from the definition of financial services:(a) activities carried out by central banks or by any other public institution in pursuit of monetary and exchange rate policies;(b) activities conducted by central banks, government agencies or departments, or public institutions, for the account or with the guarantee of the government, except when those activities may be carried out by financial service providers in competition with such public entities;(c) activities forming part of a statutory system of social security or public retirement plans, except when those activities may be carried by financial service providers in competition with public entities or private institutions.ANNEX X INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS REFERRED TO IN ARTICLE 68 1. Paragraph 3 of Article 68 concerns the following multilateral conventions:- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome, 1961);- Protocol relating to the Madrid Agreement concerning the International Registration of Marks (Madrid, 1989);- Budapest Treaty on the international Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedures (1977, modified in 1980);- International Convention for the Protection of New Varieties of Plants (UPOV Geneva Act, 1991).The Association Council may decide that paragraph 3 of Article 68 shall apply to other multilateral conventions.2. The parties confirm the importance they attach to the obligations arising from the following multilateral conventions:- Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967 and amended in 1979);- Madrid Agreement concerning the International Registration of Marks (Stockholm Act, 1967 and amended in 1979);- Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Geneva, 1977 and amended in 1979);- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and modified in 1984);- Berne Convention for the Protection of Literary and Artistic Works (Paris Act, 1971).3. From entry into force of this Agreement, Slovenia shall grant to Community companies and nationals, in respect of the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by it to any third country under bilateral agreements.ANNEX XI PARTICIPATION OF SLOVENIA IN COMMUNITY PROGRAMMES REFERRED TO IN ARTICLE 106 Slovenia may participate in Community framework programmes, specific programmes, projects or other actions in the fields of:- research,- information services,- the environment,- education, training and youth,- social policy and health,- consumer protection,- small and medium-sized enterprises,- tourism,- culture,- the audiovisual sector,- civil protection,- trade facilitation,- energy,- transport, and- the fight against drugs and drug addiction.The Association Council may agree to add other fields of Community activities to those listed above, where it is considered to be of mutual interest or to contribute to the attainment of the objectives of the Europe Agreement.ANNEX XII CUSTOMS DUTIES ON EXPORTS AND CHARGES HAVING EQUIVALENT EFFECT REFERRED TO ARTICLE 14 (1) Slovenia shall progressively reduce export charges equivalent to customs duties in accordance with the following timetable:- 1.1.1996: 7 %- 1.1.1997: 4 %- 1.1.1998: 0 %for the following products:>TABLE>ANNEX XIII EXCHANGE OF LETTERS between the European Community and its Member States, of the one part, and the Republic of Slovenia, of the other part, concerning the provisions of Article 64(2) of the Association Agreement A. Letter from the Government of the Republic of Slovenia Sir,Concerning the provisions of Article 64(2) of the Association Agreement relating to the Community rules on the movement of capital, and in view of Slovenia's accession to the European Union, I would like to confirm the following commitment of the Government of the Republic of Slovenia:I. to take the measures necessary to allow the citizens of the Member States of the European Union, on a reciprocal basis, the right to purchase property in Slovenia on a non-discriminatory basis by the end of the fourth year from the entry into force of the Association Agreement;II. to grant to the citizens of the European Union Member States, having permanently resided on the present territory of the Republic of Slovenia for a period of three years, on a reciprocal basis, the right to purchase property from the entry into force of the Association Agreement.I would be grateful if you could confirm the agreement of the European Communities to the above.For the Government of the Republic of SloveniaB. Letter from the European Community and its Member States Sir,I have the honour to acknowledge receipt of your letter concerning the provisions of Article 64(2) of the Association Agreement relating to Community rules on the movement of capital, which reads as follows:'Concerning the provisions of Article 64(2) of the Association Agreement relating to the Community rules on the movement of capital, and in view of Slovenia's accession to the European Union, I would like to confirm the following commitment of the Government of the Republic of Slovenia:I. to take the measures necessary to allow the citizens of the Member States of the European Union, on a reciprocal basis, the right to purchase property in Slovenia on a non-discriminatory basis by the end of the fourth year from the entry into force of the Association Agreement;II. to grant to the citizens of the European Union Member States, having permanently resided on the present territory of the Republic of Slovenia for a period of three years, on a reciprocal basis, the right to purchase property from the entry into force of the Association Agreement.I would be grateful if you could confirm the agreement of the European Communities to the above.`The European Community and its Member States have the honour to confirm their agreement with the commitment taken in this letter, on a reciprocal basis, by your Government.On behalf of the European Community and its Member StatesPROTOCOL 1 on textile and clothing products Article 1This Protocol applies to the textile and clothing products (hereinafter 'textile products`) listed in Section XI (Chapters 50 to 63) of the combined nomenclature of the Community.Article 21. Customs duties on imports applicable in the Community to textile products falling within Section XI (Chapters 50 to 63) of the combined nomenclature and originating in Slovenia as defined in Protocol 4 of this Agreement other than those listed in Annex I to this Protocol (present Annex V of the Agreement between the European Economic Community and Slovenia on trade in textile products, initialled on 23 July 1993) shall be abolished on the date of entry into force of this Agreement.2. Customs duties on imports into the Community on products of Slovenian origin listed in Annex I to this Protocol shall be suspended within the limits of annual Community tariff ceilings increasing progressively with a view to complete abolition of customs duties on imports of the products concerned by the end of the second year after entry into force of the Agreement.3. The duties applied to direct imports into Slovenia of textile products falling within Section XI (Chapters 50 to 63) of the combined nomenclature and originating in the Community as defined in Protocol 4 of the Agreement, shall be abolished on the date of entry into force of the Agreement except for products listed in Annex II (a) and II (b) to this Protocol for which the rates of duties shall be progressively reduced as provided therein.4. The customs duties applicable to compensating products imported into the Community which originate in Slovenia within the meaning of Protocol 4 of this Agreement, and which result from operations in Slovenia in accordance with Council Regulation (EC) No 3036/94, shall be eliminated on the date of entry into force of this Agreement. However, such products do not need to be subject to the arrangements or the specific measures referred to in Article 1(3) or the annual limits referred to in Article 2(2)(b) of that Regulation.5. Subject to this Protocol, the provisions of the Agreement and in particular Articles 12 and 13 of the Agreement shall apply to trade in textile products between the parties.Article 3The quantitative arrangements and other related issues regarding exports of textile products originating in Slovenia to the Community and originating in the Community to the Republic of Slovenia shall be stipulated in an additional protocol to the Agreement between the European Economic Community and the Republic of Slovenia on trade in textile products to be concluded before 31 December 1995. In the absence of an Additional Protocol, the provisions of the said Agreement on Trade in Textile products, initialled on 23 July 1993, as amended by the Agreement reached on 15 December 1994 to take account of the enlargement of the European Communities, shall continue to apply.Article 4From the entry into force of this Agreement no new quantitative restrictions or measures of equivalent effect shall be imposed except as provided for under the said Agreement and its Protocols.ANNEX I >TABLE>ANNEX II (a) CUSTOMS DUTIES REFERRED TO IN ARTICLE 2(3) Customs duties on imports into the Republic of Slovenia of textile products listed in this Annex and originating in the Community shall be progressively reduced in accordance with the following timetable:- on 1 January 1996 each duty shall be reduced to 80 % of the basic duty,- on 1 January 1997 each duty shall be reduced to 55 % of the basic duty,- on 1 January 1998 each duty shall be reduced to 30 % of the basic duty,- on 1 January 1999 each duty shall be reduced to 15 % of the basic duty,- on 1 January 2000 the remaining duties shall be abolished.5111 115111 195111 205111 305111 905205 115205 125205 135205 145205 155205 215205 225205 235205 245205 255205 315205 325205 335205 345205 355205 415205 425205 435205 445205 455206 115206 125206 135206 145206 155206 215206 225206 235206 245206 255206 315206 325206 335206 345206 355206 415206 425206 435206 445206 455207 105207 905308 205310 105401 105401 205402 315402 325402 335402 415402 515402 525407 105407 205407 305407 415407 425407 435407 445407 525407 535407 545407 605407 715407 725407 735407 745408 105408 215408 225408 245505 105505 205508 105508 205509 315509 325509 425509 515509 615509 625509 925510 115510 125511 105511 205511 305512 115512 195512 215512 295512 915512 995513 115513 125513 135513 195513 215513 235513 295513 315513 325513 335513 395513 415513 425513 435513 495514 115514 125514 135514 195514 225514 235514 315514 325514 335514 395514 415514 425514 435514 495515 125515 135515 195515 225515 295515 915515 925515 995516 115516 125516 135516 145516 215516 225516 235516 245516 315516 325516 335516 345516 415516 425516 435516 445516 915516 925516 935516 945601 105601 215601 225601 295601 305606 005607 295607 415801 215801 225801 235801 245801 315801 325801 335801 345801 905804 105804 215804 295804 305806 205806 315806 325806 395807 105807 905903 105903 205903 905911 205911 325911 906001 296001 916001 926002 106002 206002 916002 996116 916116 926116 936116 996203 316203 41 106203 41 906203 42 116203 42 316203 42 356204 62 316204 62 336204 62 396204 62 516204 62 596204 62 906210 106210 306210 406210 506216 006302 216302 316302 606307 206308 00ANNEX II (b) CUSTOMS DUTIES REFERRED TO IN ARTICLE 2(3) Customs duties on imports into the Republic of Slovenia of textile products listed in this Annex and originating in the Community shall be progressively reduced in accordance with the following timetable:- on 1 January 1996 each duty shall be reduced to 90 % of the basic duty,- on 1 January 1997 each duty shall be reduced to 70 % of the basic duty,- on 1 January 1998 each duty shall be reduced to 45 % of the basic duty,- on 1 January 1999 each duty shall be reduced to 35 % of the basic duty,- on 1 January 2000 each duty shall be reduced to 20 % of the basic duty,- on 1 January 2001 the remaining duties shall be abolished.5112 115112 195112 205112 305112 905208 115208 125208 135208 195208 215208 225208 235208 295208 315208 325208 335208 395208 415208 425208 435208 495208 515208 525208 535208 595209 115209 125209 195209 215209 225209 295209 315209 325209 395209 415209 425209 435209 495209 515209 525209 595210 115210 125210 195210 215210 225210 295210 315210 325210 395210 415210 425210 495210 515210 525210 595211 115211 125211 195211 215211 225211 295211 315211 325211 395211 415211 425211 435211 495211 515211 525211 595212 115212 125212 135212 145212 155212 215212 225212 235212 245212 255514 215602 105602 215602 295602 905603 005607 495607 505801 105801 255801 265801 355801 365802 115802 195802 205802 305803 105803 905808 105808 905810 105810 915810 925810 995811 005904 915906 105906 915906 996001 216001 226001 996002 306002 416002 426002 436002 496002 926002 936101 106101 906102 106102 306102 906103 116103 126103 196103 216103 226103 236103 296103 316103 326103 336103 396103 416103 426103 436103 496104 116104 126104 136104 196104 216104 226104 236104 296104 316104 326104 336104 396104 416104 426104 436104 446104 496104 516104 526104 536104 596104 616104 626104 636104 696105 906106 106106 206106 906107 116107 126107 196107 216107 226107 296107 916107 926107 996108 116108 196108 216108 226108 296108 316108 326108 396108 916108 926108 996109 106109 906110 106110 206110 306110 906111 106111 206111 306111 906112 116112 126112 196112 206112 316112 396112 416112 496113 006114 106114 206114 306114 906115 116115 126115 196115 206115 916115 926115 936115 996116 106117 106117 206117 806117 906201 116201 126201 136201 196201 916201 926201 936201 996202 116202 126202 136202 196202 916202 926202 936202 996203 116203 126203 196203 216203 226203 236203 296203 326203 336203 396204 116204 126204 136204 196204 216204 226204 236204 296204 316204 326204 336204 396204 416204 426204 436204 446204 496204 516204 526204 536204 596204 616204 696205 106205 906206 106206 206206 306206 406206 906207 116207 196207 216207 226207 296207 916207 926207 996208 116208 196208 216208 226208 296208 916208 926208 996209 106209 206209 306209 906211 116211 126211 206211 316211 326211 336211 396211 416211 426211 436211 496212 106212 206212 306212 906213 106213 206213 906214 106214 206214 306214 406214 906215 106215 206215 906217 106217 906301 306301 406301 906302 106302 296302 396302 406302 516302 526302 536302 596302 916302 926302 936302 996303 116303 126303 196303 916303 926303 996304 116304 196304 916304 926304 936304 996305 106305 206305 316305 396305 906306 116306 126306 196306 216306 226306 296306 316306 396306 416306 496306 916306 996307 106307 906309 006310 106310 90PROTOCOL 2 on products covered by the Treaty establishing the European Coal and Steel Community (ECSC) Article 1This Protocol shall apply to the products listed in Annex I to the ECSC Treaty and defined in the Common Customs Tariff (1).CHAPTER I ECSC steel products Article 21. Once the Agreement enters into force, ECSC steel products originating in Slovenia shall be imported into the Community free of duty.2. Once the Agreement enters into force, ECSC steel products originating in the Community shall be imported into Slovenia free of duty, except in the case of the products listed in Annex I to this Protocol. Customs duties on imports of such products shall be progressively reduced according to the following timetable:- on 1 January 1996 each duty shall be reduced to 80 % of the basic duty;- on 1 January 1997 each duty shall be reduced to 55 % of the basic duty;- on 1 January 1998 each duty shall be reduced to 30 % of the basic duty;- on 1 January 1999 each duty shall be reduced to 15 % of the basic duty;- on 1 January 2000 the remaining duties shall be abolished.Article 31. Quantitative restrictions on imports into the Community of ECSC steel products originating in Slovenia, and measures having an equivalent effect, shall be eliminated on the date on which the Agreement enters into force.2. Quantitative restrictions on imports into Slovenia of ECSC steel products originating in the Community, and measures having an equivalent effect, shall be eliminated on the date on which the Agreement enters into force.CHAPTER II ECSC coal products Article 4Starting on the date on which the Agreement enters into force, ECSC coal products originating in Slovenia shall be imported into the Community free of duty.Article 5Starting on the date on which the Agreement enters into force, ECSC coal products originating in the Community shall be imported into Slovenia free of duty.Article 61. Quantitative restrictions on imports into the Community of ECSC coal products originating in Slovenia, and measures having an equivalent effect, shall be eliminated on the date on which the Agreement enters into force.The Republic of Austria may, however, until 31 December 1996, maintain with respect to Slovenia, the import restrictions which it applied on 1 January 1994 in respect of lignite falling under code 2702 10 00 of the Combined Nomenclature.2. Quantitative restrictions on imports into Slovenia of ECSC coal products originating in the Community, and measures having an equivalent effect, shall be eliminated on the date on which the Agreement enters into force.CHAPTER III Common provisions Article 71. The following shall be incompatible with the proper functioning of the Agreement in so far as they may affect trade between the Community and Slovenia:(i) all cooperation or concentration agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition;(ii) abuse by one or more undertakings of a dominant position in the territories of the Community or of Slovenia as a whole or in a substantial part thereof;(iii) state aid of any kind, except in instances in which derogations are allowed under the terms of the ECSC Treaty.2. Any practice contrary to the provisions of this Article shall be assessed on the basis of criteria arising from the application of the rules contained in Articles 65 and 66 of the ECSC Treaty and Article 85 of the EC Treaty and of the rules on state aid, including secondary legislation.3. Within three years of the Agreement's entry into force, the Association Council shall adopt the necessary rules for the implementation of paragraphs 1 and 2.4. The parties shall recognise that as a derogation from the provisions of paragraph 1(iii) Slovenia may exceptionally, for the first five years following the Agreement's entry into force, grant state aid for restructuring purposes in connection with ECSC steel products, provided that:- the aid helps the recipient firms to achieve viability under normal market conditions by the end of the restructuring period;- the amount and degree of aid provided are limited to what is strictly necessary to restore viability and are progressively reduced;- the restructuring programme is linked to a global rationalisation and capacity-reduction plan for Slovenia.5. Each party shall ensure transparency with regard to state aid by conducting a full and continuous exchange of information with the other party on the amount, degree and aim of the aid and by including in that information a detailed restructuring plan.6. If the Community or Slovenia consider that a particular practice is incompatible with the terms of paragraph 1, as amended by paragraph 4, and:- it is not suitably dealt with by the implementing rules referred to in paragraph 3, or- no such rules exist, and the practice is causing or threatening to cause harm to the interests of the other party or material injury to its domestic industry,the injured party may take appropriate measures if consultations lasting a maximum of thirty working days fail to find a solution. Such consultations must be held within thirty working days of being officially requested.In the case of practices which are incompatible with the terms of paragraph 1(iii), the appropriate measures in question may be implemented only in the manner and under the conditions laid down by the General Agreement on Tariffs and Trade (GATT) or in accordance with any other appropriate instrument applicable between the parties and negotiated under GATT auspices.Article 8The provisions of Articles 12, 13, 14 and 15 of the Agreement shall apply to trade in ECSC products between the parties.Article 9The parties agree that one of the special bodies established by the Association Council shall be a contact group responsible for discussing the implementation of this Protocol.(1) OJ L 345, 31.12.1994, p. 1.ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 2(2) 7202 99 117208 13 107208 13 917208 13 957208 13 987208 14 107208 14 917208 14 997208 23 107208 23 917208 23 957208 23 987208 24 107208 24 917208 24 997208 31 007208 33 107208 33 917208 33 997208 34 107208 34 907208 35 107208 35 907208 41 007208 43 107208 43 917208 43 997208 44 107208 44 907208 45 107208 45 907208 90 107209 11 007209 12 107209 12 907209 13 107209 13 907209 14 107209 14 907209 21 007209 22 107209 22 907209 23 107209 23 907209 24 107209 24 917209 24 997209 31 007209 32 107209 32 907209 33 107209 33 907209 34 107209 34 907209 41 007209 42 107209 42 907209 43 107209 43 907209 44 107209 44 907211 11 007211 12 107211 12 907211 19 107211 19 917211 19 997211 21 007211 22 107211 22 907211 29 107211 29 917211 29 997211 30 107211 41 107211 41 917211 49 107211 90 117213 10 007213 31 207213 31 817213 31 897213 39 107213 39 907213 41 007213 49 007213 50 207213 50 817213 50 897214 20 007214 40 107214 40 207214 40 517214 40 597214 40 807214 50 107214 50 317214 50 397214 50 907214 60 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907219 21 117219 21 197219 21 907219 22 107219 22 907219 23 107219 23 907219 24 107219 24 907219 31 107219 31 907219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907220 11 007220 12 007220 20 107220 90 117220 90 317221 00 107221 00 907222 10 117222 10 197222 10 217222 10 297222 10 317222 10 397222 10 817222 10 897225 10 107225 10 917225 10 997225 20 207225 30 007225 40 107225 40 307225 40 507225 40 707225 40 907225 50 107225 50 907225 90 107226 10 107226 10 317226 10 397226 20 207226 91 107226 91 907226 92 107226 99 207227 10 007227 20 007227 90 107227 90 307227 90 507227 90 707228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317301 10 00PROTOCOL 3 on Trade between Slovenia and the Community in processed agricultural products Article 11. The Community and Slovenia shall apply to processed agricultural products the duties listed in Annex I and Annex II respectively in accordance with the conditions mentioned therein.2. The Association Council shall decide on:- the extension of the list of processed agricultural products under this Protocol;- the amendment of the duties mentioned in the Annexes;- the increase or abolition of tariff quotas.3. The Association Council may replace the duties established by this Protocol by a regime established on the basis of the respective market prices of the Community and Slovenia of the agricultural products actually used in the manufacture of processed agricultural products subject to this Protocol. It shall establish the list of goods subject to these amounts and as a consequence, the list of basic products; to this end, it shall decide the general rules of application.Article 2The duties applied conforming to Article 1 may be reduced by decision of the Association Council:- when in trade between the Community and Slovenia the duties applied to the basic agricultural products are reduced, or- in response to reductions resulting from mutual concessions relating to processed agricultural products.The reductions provided for under the first indent shall be calculated on the part of the duty designated as the agricultural component which shall correspond to the agricultural products actually used in the manufacture of the processed agricultural products in question and deducted from the duties applied to these basic agricultural products.Article 3The Community and Slovenia shall inform each other of the administrative arrangements adopted for the products covered by this Protocol.These arrangements should ensure equal treatment for all interested parties and should be as simple and flexible as possible.ANNEX I >TABLE>ANNEX II >TABLE>PROTOCOL 4 concerning the definition of the concept of 'originating products` and methods of administrative cooperation (1)TITLE I GENERAL PROVISIONS Article 1 DefinitionsFor the purposes of this Protocol:(a) 'manufacture` means any kind of working or processing including assembly or specific operations;(b) 'material` means any ingredient, raw material, component or part, etc., used in the manufacture of the product;(c) 'product` means the product being manufactured, even if it is intended for later use in another manufacturing operation;(d) 'goods` means both materials and products;(e) 'customs value` means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);(f) 'ex-works price` means the price paid for the product ex-works to the manufacturer in the Community or Slovenia in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the product obtained is exported;(g) 'value of materials` means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the Community or Slovenia;(h) 'value of originating materials` means the value of such materials as defined in subparagraph (g) applied mutatis mutandis;(i) 'added value` shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in the Community or Slovenia;(j) 'chapters` and 'headings` mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as 'the Harmonised System` or 'HS`;(k) 'classified` refers to the classification of a product or material under a particular heading;(l) 'consignment` means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;(m) 'territories` includes territorial waters.TITLE II DEFINITION OF THE CONCEPT OF 'ORIGINATING PRODUCTS` Article 2 General requirements1. For the purpose of implementing this Agreement, the following products shall be considered as originating in the Community:(a) products wholly obtained in the Community within the meaning of Article 5 of this Protocol;(b) products obtained in the Community incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6 of this Protocol;(c) goods originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.2. For the purpose of implementing this Agreement, the following products shall be considered as originating in Slovenia:(a) products wholly obtained in Slovenia within the meaning of Article 5 of this Protocol;(b) products obtained in Slovenia incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in Slovenia within the meaning of Article 6 of this Protocol.Article 3 Cumulation in the European Community1. Without prejudice to the provisions of Article 2(1) products shall be considered as originating in the Community if such products are obtained there, incorporating materials originating in the Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein (2)) or Turkey (3) in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between the Community and each of these countries, provided that the working or processing carried out in the Community goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.2. Where the working or processing carried out in the Community does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in the Community, retain their origin if exported into one of these countries.4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.The Community shall provide Slovenia, through the Commission of the European Communities, with details of the Agreements and their corresponding rules of origin, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities shall publish in the Official Journal of the European Communities (C series) the date on which the cumulation, provided for in this Article, may be applied by those countries listed in paragraph 1 which have fulfilled the necessary requirements.Article 4 Cumulation in Slovenia1. Without prejudice to the provisions of Article 2(2), products shall be considered as originating in Slovenia if such products are obtained there, incorporating materials originating in the Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein (4)) or Turkey (5) in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Slovenia and each of these countries, provided that the working or processing carried out in Slovenia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.2. Where the working or processing carried out in Slovenia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Slovenia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Slovenia.3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Slovenia, retain their origin if exported into one of these countries.4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.Slovenia shall provide the Community, through the Commission of the European Communities, with details of the Agreements and their corresponding rules of origin, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities shall publish in the Official Journal of the European Communities (C series) the date on which the cumulation, provided for in this Article may be applied by those countries listed in paragraph 1 which have fulfilled the necessary requirements.Article 5 Wholly obtained products1. The following shall be considered as wholly obtained in the Community or Slovenia:(a) mineral products extracted from their soil or from their seabed;(b) vegetable products harvested there;(c) live animals born and raised there;(d) products from live animals raised there;(e) products obtained by hunting or fishing conducted there;(f) products of sea fishing and other products taken from the sea outside the territorial waters of the Community or Slovenia by their vessels;(g) products made aboard their factory ships exclusively from products referred to in subparagraph (f);(h) used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or for use as waste;(i) waste and scrap resulting from manufacturing operations conducted there;(j) products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil;(k) goods produced there exclusively from the products specified in subparagraphs (a) to (j).2. The terms 'their vessels` and 'their factory ships` in paragraph 1 (f) and (g) shall apply only to vessels and factory ships:(a) which are registered or recorded in an EC Member State or in Slovenia;(b) which sail under the flag of an EC Member State or of Slovenia;(c) which are owned to an extent of at least 50 % by nationals of EC Member States or of Slovenia, or by a company with its head office in one of these States, of which the manager or managers, Chairman of the Board of Directors or the Supervisory Board, and the majority of the members of such boards are nationals of EC Member States or of Slovenia and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States;(d) of which the master and officers are nationals of EC Member States or of Slovenia; and(e) of which at least 75 % of the crew are nationals of EC Member States or of Slovenia.Article 6 Sufficiently worked or processed products1. For the purposes of Article 2, products which are not wholly obtained are considered to be sufficiently worked or processed when the conditions set out in the list in Annex II are fulfilled.The conditions referred to above indicate, for all products covered by this Agreement, the working or processing which must be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture.2. Notwithstanding paragraph 1, non-originating materials which, according to the conditions set out in the list, should not be used in the manufacture of a product may nevertheless be used, provided that:(a) their total value does not exceed 10 % of the ex-works price of the product;(b) any of the percentages given in the list for the maximum value of non-originating materials are not exceeded through the application of this paragraph.This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.3. Paragraphs 1 and 2 shall apply except as provided in Article 7.Article 7 Insufficient working or processing operations1. Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 6 are satisfied:(a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);(b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting up;(c) (i) changes of packaging and breaking up and assembly of packages;(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;(d) affixing marks, labels and other like distinguishing signs on products or their packaging;(e) simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the Community or Slovenia;(f) simple assembly of parts to constitute a complete product;(g) a combination of two or more operations specified in subparagraphs (a) to (f);(h) slaughter of animals.2. All the operations carried out in either the Community or Slovenia on a given product shall be considered together when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.Article 8 Unit of qualification1. The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.Accordingly, it follows that:(a) when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System in a single heading, the whole constitutes the unit of qualification;(b) when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol.2. Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.Article 9 Accessories, spare parts and toolsAccessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.Article 10 SetsSets, as defined in general Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, that set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.Article 11 Neutral elementsIn order to determine whether a product originates, it shall not be necessary to determine the origin of the following which might be used in its manufacture:(a) energy and fuel;(b) plant and equipment;(c) machines and tools;(d) goods which do not enter and which are not intended to enter into the final composition of the product.TITLE III TERRITORIAL REQUIREMENTS Article 12 Principle of territoriality1. Except as provided for in Article 2(1)(c), Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must continue to be fulfilled at all times in the Community or Slovenia.2. Except as provided for in Articles 3 and 4, where originating goods exported from the Community or Slovenia to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:(a) the returning goods are the same as those that were exported; and(b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.3. The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside the Community or Slovenia on materials exported from the Community or Slovenia and subsequently reimported there, provided:(a) the said materials are wholly obtained in the Community or Slovenia or have undergone working or processing beyond the insufficient operations listed in Article 7 prior to being exported; and(b) it can be demonstrated to the satisfaction of the customs authorities that:(i) the reimported goods have been obtained by working or processing the exported materials; and(ii) the total added value acquired outside the Community or Slovenia by applying the provisions of this Article does not exceed 10 % of the ex-works price of the end product for which originating status is claimed.4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside the Community or Slovenia. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside the Community or Slovenia by applying the provisions of this Article, shall not exceed the stated percentage.5. For the purposes of applying the provisions of paragraphs 3 and 4, 'total added value` shall be taken to mean all costs arising outside the Community or Slovenia, including the value of the materials incorporated there.6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general values fixed in Article 6(2) are applied.7. The provisions of paragraphs 3 and 4 shall not apply to products coming under Chapters 50 to 63 of the Harmonised System.8. Any working or processing of the kind covered by the provisions of this Article and done outside the Community or Slovenia shall be done under the outward processing arrangements, or similar arrangements.Article 13 Direct transport1. The preferential treatment provided for under the Agreement applies only to products, satisfying the requirements of this Protocol, which are transported directly between the Community and Slovenia or through the territories of the other countries referred to in Articles 3 and 4. However, products constituting one single consignment may be transported through other territories with, should the occasion arise, trans-shipment or temporary warehousing in such territories, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.Originating products may be transported by pipeline across territory other than that of the Community or Slovenia.2. Evidence that the conditions set out in paragraph 1 have been fulfilled shall be supplied to the customs authorities of the importing country by the production of:(a) a single transport document covering the passage from the exporting country through the country of transit; or(b) a certificate issued by the customs authorities of a country of transit:(i) giving an exact description of the products,(ii) stating the dates of unloading and reloading of the products and, where applicable, the names of the ships, or the other means of transport used, and(iii) certifying the conditions under which the products remained in the transit country, or(c) failing these, any substantiating documents.Article 14 Exhibitions1. Originating products, sent for exhibition in a country other than those referred to in Articles 3 and 4 and sold after the exhibition for importation in the Community or Slovenia shall benefit on importation from the provisions of the Agreement provided it is shown to the satisfaction of the customs authorities that:(a) an exporter has consigned these products from the Community or Slovenia to the country in which the exhibition is held and has exhibited them there;(b) the products have been sold or otherwise disposed of by that exporter to a person in the Community or Slovenia;(c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition; and(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.2. A proof of origin must be issued or made out in accordance with the provisions of Title V and submitted to the customs authorities of the importing country in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required.3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.TITLE IV DRAWBACK OR EXEMPTION Article 15 Prohibition of drawback of, or exemption from, customs duties1. (a) Non-originating materials used in the manufacture of products originating in the Community, in Slovenia or in one of the other countries referred to in Articles 3 and 4 for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or Slovenia to drawback of, or exemption from, customs duties of whatever kind.(b) Products falling within Chapter 3 and heading Nos 1604 and 1605 of the Harmonised System and originating in the Community within the meaning of this Protocol as provided for in Article 2(1)(c), for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community to drawback of, or exemption from, customs duties of whatever kind.2. The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or Slovenia to materials used in the manufacture and to products covered by paragraph 1(b) above, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.3. The exporter of products covered by a proof of origin shall be prepared to submit at any time, upon request from the customs authorities, all appropriate documents proving that no drawback has been obtained in respect of the non-originating materials used in the manufacture of the products concerned and that all customs duties or charges having equivalent effect applicable to such materials have actually been paid.4. The provisions of paragraphs 1 to 3 shall also apply in respect of packaging within the meaning of Article 8(2), accessories, spare parts and tools within the meaning of Article 9 and products in a set within the meaning of Article 10 when such items are non-originating.5. The provisions of paragraphs 1 to 4 shall apply only in respect of materials which are of the kind to which the Agreement applies. Furthermore, they shall not preclude the application of an export refund system for agricultural products, applicable upon export in accordance with the provisions of the Agreement.6. Notwithstanding paragraph 1, Slovenia may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:(a) a 5 % rate of customs charge shall be retained in respect of products falling within Chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as is in force in Slovenia;(b) a 10 % rate of customs charge shall be retained in respect of products falling within Chapters 50 to 63 of the Harmonised System, or such lower rate as is in force in Slovenia.The provisions of this paragraph shall apply until 31 December 2000 and may be reviewed by common accord.TITLE V PROOF OF ORIGIN Article 16 General requirements1. Products originating in the Community shall, on importation into Slovenia and products originating in Slovenia shall, on importation into the Community benefit from this Agreement upon submission of either:(a) a movement certificate EUR.1, a specimen of which appears in Annex III; or(b) in the cases specified in Article 21(1), a declaration, the text of which appears in Annex IV, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (hereinafter referred to as the 'invoice declaration`).2. Notwithstanding paragraph 1, originating products within the meaning of this Protocol shall, in the cases specified in Article 26, benefit from this Agreement without it being necessary to submit any of the documents referred to above.Article 17 Procedure for the issue of a movement certificate EUR.11. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country on application having been made in writing by the exporter or, under the exporter's responsibility, by his authorised representative.2. For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Annex III. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting country where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.4. A movement certificate EUR.1 shall be issued by the customs authorities of an EC Member State or Slovenia if the products concerned can be considered as products originating in the Community, Slovenia or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.5. The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Protocol. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate.7. A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.Article 18 Movement certificates EUR.1 issued retrospectively1. Notwithstanding Article 17(7), a movement certificate EUR.1 may exceptionally be issued after exportation of the products to which it relates if:(a) it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances; or(b) it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons.2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request.3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:'NACHTRÄGLICH AUSGESTELLT`, 'DELIVRE A POSTERIORI`, 'RILASCIATO A POSTERIORI`, 'AFGEGEVEN A POSTERIORI`, 'ISSUED RETROSPECTIVELY`, 'UDSTEDT EFTERFØLGENDE`, 'ÅÊÄÏÈÅÍ ÅÊ ÔÙÍ ÕÓÔÅÑÙÍ`, 'EXPEDIDO A POSTERIORI`, 'EMITIDO A POSTERIORI`, 'ANNETTU JÄLKIKÄTEEN`, 'UFTÄRDAT I EFTERHAND`, 'IZDANO NAKNADNO`.5. The endorsement referred to in paragraph 4 shall be inserted in the 'Remarks` box of the movement certificate EUR.1.Article 19 Issue of a duplicate movement certificate EUR.11. In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.2. The duplicate issued in this way must be endorsed with one of the following words:'DUPLIKAT`, 'DUPLICATA`, 'DUPLICATO`, 'DUPLICAAT`, 'DUPLICATE`, 'ÁÍÔÉÃÑÁÖÏ`, 'DUPLICADO`, 'SEGUNDA VIA`, 'KAKSOISKAPPALE`, 'DVOJNIK`.3. The endorsement referred to in paragraph 2 shall be inserted in the 'Remarks` box of the duplicate movement certificate EUR.1.4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.Article 20 Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previouslyWhen originating products are placed under the control of a customs office in the Community or Slovenia, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the Community or Slovenia. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.Article 21 Conditions for making out an invoice declaration1. An invoice declaration as referred to in Article 16(1)(b) may be made out:(a) by an approved exporter within the meaning of Article 22, or(b) by any exporter for any consignment consisting of one or more packages containing originating products whose total value does not exceed ECU 6 000.2. An invoice declaration may be made out if the products concerned can be considered as products originating in the Community, Slovenia or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.3. The exporter making out an invoice declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Protocol.4. An invoice declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Annex IV, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters.5. Invoice declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 22 shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any invoice declaration which identifies him as if it had been signed in manuscript by him.6. An invoice declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.Article 22 Approved exporter1. The customs authorities of the exporting country may authorise any exporter who makes frequent shipments of products under this Agreement to make out invoice declarations irrespective of the value of the products concerned. An exporter seeking such authorisation must offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Protocol.2. The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate.3. The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the invoice declaration.4. The customs authorities shall monitor the use of the authorisation by the approved exporter.5. The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.Article 23 Validity of proof of origin1. A proof of origin shall be valid for four months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country.2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances.3. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.Article 24 Submission of proof of originProofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Agreement.Article 25 Importation by instalmentsWhere, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or heading Nos 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.Article 26 Exemptions from proof of origin1. Products sent as small packages from private persons to private persons or forming part of travellers' personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Protocol and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declarations CN 22/CN 23 or on a sheet of paper annexed to that document.2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.3. Furthermore, the total value of these products shall not exceed ECU 500 in the case of small packages or ECU 1 200 in the case of products forming part of travellers' personal luggage.Article 27 Supporting documentsThe documents referred to in Article 17(3) and Article 21(3) used for the purpose of proving that products covered by a movement certificate EUR.1 or an invoice declaration can be considered as products originating in the Community, Slovenia or in one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol may consist inter alia of the following:(a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal book-keeping;(b) documents proving the originating status of materials used, issued or made out in the Community or Slovenia where these documents are used in accordance with domestic law;(c) documents proving the working or processing of materials in the Community or Slovenia, issued or made out in the Community or Slovenia, where these documents are used in accordance with domestic law;(d) movement certificates EUR.1 or invoice declarations proving the originating status of materials used, issued or made out in the Community or Slovenia in accordance with this Protocol, or in one of the other countries referred to in Article 4, in accordance with rules of origin which are identical to the rules in this Protocol.Article 28 Preservation of proof of origin and supporting documents1. The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 17(3).2. The exporter making out an invoice declaration shall keep for at least three years a copy of this invoice declaration as well as the documents referred to in Article 21(3).3. The customs authorities of the exporting country issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 17(2).4. The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the invoice declaration submitted to them.Article 29 Discrepancies and formal errors1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted.2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.Article 30 Amounts expressed in ECU1. Amounts in the national currency of the exporting country equivalent to the amounts expressed in ECU shall be fixed by the exporting country and communicated to the importing countries through the European Commission.2. When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of another EC Member State, Slovenia or one of the other countries referred to in Articles 3 and 4, the importing country shall recognise the amount notified by the country concerned.3. The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in ECU as at the first working day in October 1996.4. The amounts expressed in ECU and their equivalents in the national currencies of the EC Member States and Slovenia shall be reviewed by the Association Committee at the request of the Community or Slovenia. When carrying out this review, the Association Committee shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in ECU.TITLE VI ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION Article 31 Mutual assistance1. The customs authorities of the EC Member States and of Slovenia shall provide each other, through the European Commission, with specimen impressions of stamps used in their customs offices for the issue of movement certificates EUR.1 and with the addresses of the customs authorities responsible for verifying those certificates and invoice declarations.2. In order to ensure the proper application of this Protocol, the Community and Slovenia shall assist each other, through the competent customs administrations, in checking the authenticity of the movement certificates EUR.1 or the invoice declarations and the correctness of the information given in these documents.Article 32 Verification of proofs of origin1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.2. For the purposes of implementing the provisions of paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the invoice declaration, or a copy of these documents, to the customs authorities of the exporting country giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof or origin is incorrect shall be forwarded in support of the request for verification.3. The verification shall be carried out by the customs authorities of the exporting country. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter's accounts or any other check considered appropriate.4. If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures judged necessary.5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in the Community, Slovenia or one of the other countries referred to in Articles 3 and 4 and fulfil the other requirements of this Protocol.6. If in cases of reasonable doubt there is no reply within ten months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.Article 33 Dispute settlementWhere disputes arise in relation to the verification procedures of Article 32 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Association Committee.In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall be under the legislation of the said country.Article 34 PenaltiesPenalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.Article 35 Free zones1. The Community and Slovenia shall take all necessary steps to ensure that products traded under cover of a proof of origin which in the course of transport use a free zone situated in their territory, are not substituted by other goods and do not undergo handling other than normal operations designed to prevent their deterioration.2. By means of an exemption to the provisions contained in paragraph 1, when products originating in the Community or Slovenia are imported into a free zone under cover of a proof of origin and undergo treatment or processing, the authorities concerned shall issue a new EUR.1 certificate at the exporter's request, if the treatment or processing undergone is in conformity with the provisions of this Protocol.TITLE VII CEUTA AND MELILLA Article 36 Application of the Protocol1. The term 'Community` used in Article 2 does not cover Ceuta and Melilla.2. Products originating in Slovenia, when imported into Ceuta or Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community under Protocol 2 of the Act of Accession of the Kingdom of Spain and the Portuguese Republic to the European Communities. Slovenia shall grant to imports of products covered by the Agreement and originating in Ceuta and Melilla the same customs regime as that which is granted to products imported from and originating in the Community.3. For the purpose of the application of paragraph 2 concerning products originating in Ceuta and Melilla, this Protocol shall apply mutatis mutandis subject to the special conditions set out in Article 37.Article 37 Special conditions1. Providing they have been transported directly in accordance with the provisions of Article 13, the following shall be considered as:(1) products originating in Ceuta and Melilla:(a) products wholly obtained in Ceuta and Melilla;(b) products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (a) are used, provided that:(i) the said products have undergone sufficient working or processing within the meaning of Article 6 of this Protocol, or that(ii) those products are originating in Slovenia or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1);(2) products originating in Slovenia:(a) products wholly obtained in Slovenia;(b) products obtained in Slovenia, in the manufacture of which products other than those referred to in (a) are used, provided that:(i) the said products have undergone sufficient working or processing within the meaning of Article 6 of this Protocol, or that(ii) those products are originating in Ceuta and Melilla or the Community within the meaning of this Protocol, provided that they have been submitted to working or processing which goes beyond the insufficient working or processing referred to in Article 7(1).2. Ceuta and Melilla shall be considered as a single territory.3. The exporter or his authorised representative shall enter 'Slovenia` and 'Ceuta and Melilla` in Box 2 of movement certificates EUR.1 or on invoice declarations. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in Box 4 of movement certificates EUR.1 or on invoice declarations.4. The Spanish customs authorities shall be responsible for the application of this Protocol in Ceuta and Melilla.TITLE VIII FINAL PROVISIONS Article 38 Amendments to the ProtocolThe Association Council may decide to amend the provisions of this Protocol.(1) The text of this Protocol has been ameneded on several ocassions since it was signed. In order to provide suitable access to legislation, the text published in this Official Journal is a consolidated version as at the date of entry into force.(2) The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.(3) Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex V to this Protocol.(4) The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.(5) Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list of Annex V to this Protocol.ANNEX I INTRODUCTORY NOTES TO THE LIST IN ANNEX II Note 1: The list sets out the conditions required for all products to be considered as sufficiently worked or processed within the meaning of Article 6 of the Protocol.Note 2: 2.1. The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonised System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an 'ex`, this signifies that the rules in columns 3 or 4 apply only to the part of that heading as described in column 2.2.2. Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rules in columns 3 or 4 apply to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings grouped together in column 1.2.3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rules in columns 3 or 4.2.4. Where, for an entry in the first two columns, a rule is specified in both columns 3 and 4, the exporter may opt, as an alternative, to apply either the rule set out in column 3 or that set out in column 4. If no origin rule is given in column 4, the rule set out in column 3 has to be applied.Note 3: 3.1. The provisions of Article 6 of the Protocol concerning products having acquired originating status which are used in the manufacture of other products apply regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the Community or in Slovenia.Example:An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 per cent of the ex-works price, is made from 'other alloy steel roughly shaped by forging` of heading No ex 7224.If this forging has been forged in the Community from a non-originating ingot, it has already acquired originating status by virtue of the rule for heading No ex 7224 in the list. The forging can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or in another factory in the Community. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.3.2. The rule in the list represents the minimum amount of working or processing required and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer originating status. Thus if a rule provides that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.3.3. Without prejudice to Note 3.2 where a rule states that 'materials of any heading` may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression 'manufacture from materials of any heading, including other materials of heading No . . .` means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.3.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.Example:The rule for fabrics of heading Nos 5208 to 5212 provides that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; it is possible to use one or the other or both.3.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule. (See also Note 6.2 below in relation to textiles).Example:The rule for prepared foods of heading No 1904 which specifically excludes the use of cereals and their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not products from cereals.However, this does not apply to products which, although they cannot be manufactured from the particular materials specified in the list, can be produced from a material of the same nature at an earlier stage of manufacture.Example:In the case of an article of apparel of ex Chapter 62 made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth - even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn - that is the fibre stage.3.6. Where, in a rule in the list, two percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. In other words, the maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.Note 4: 4.1. The term 'natural fibres` is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres that have been carded, combed or otherwise processed but not spun.4.2. The term 'natural fibres` includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.4.3. The terms 'textile pulp`, 'chemical materials` and 'paper-making materials` are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.4.4. The term 'man-made staple fibres` is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of heading Nos 5501 to 5507.Note 5: 5.1. Where for a given product in the list a reference is made to this note, the conditions set out in column 3 shall not be applied to any basic textile materials, used in the manufacture of this product, which, taken together, represent 10 per cent or less of the total weight of all the basic textile materials used. (See also Notes 5.3 and 5.4 below).5.2. However, the tolerance mentioned in Note 5.1 may only be applied to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:- silk,- wool,- coarse animal hair,- fine animal hair,- horsehair,- cotton,- paper-making materials and paper,- flax,- true hemp,- jute and other textile bast fibres,- sisal and other textile fibres of the genus Agave,- coconut, abaca, ramie and other vegetable textile fibres,- synthetic man-made filaments,- artificial man-made filaments,- current conducting filaments,- synthetic man-made staple fibres of polypropylene,- synthetic man-made staple fibres of polyester,- synthetic man-made staple fibres of polyamide,- synthetic man-made staple fibres of polyacrylonitrile,- synthetic man-made staple fibres of polyimide,- synthetic man-made staple fibres of polytetrafluoroethylene,- synthetic man-made staple fibres of polyphenylene sulphide,- synthetic man-made staple fibres of polyvinyl chloride,- other synthetic man-made staple fibres,- artificial man-made staple fibres of viscose,- other artificial man-made staple fibres,- yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped,- yarn made of polyurethane segmented with flexible segments of polyester whether or not gimped,- products of heading No 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film,- other products of heading No 5605.Example:A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 per cent of the yarn.Example:A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used provided their total weight does not exceed 10 per cent of the weight of the fabric.Example:Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.Example:If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.5.3. In the case of products incorporating 'yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped` this tolerance is 20 per cent in respect of this yarn.5.4. In the case of products incorporating 'strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two layers of plastic film`, this tolerance is 30 per cent in respect of this strip.Note 6: 6.1. In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials, with the exception of linings and interlinings, which do not satisfy the rule set out in the list in column 3 for the made-up product concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 per cent of the ex-works price of the product.6.2. Without prejudice to Note 6.3, materials which are not classified within Chapters 50 to 63 may be used freely in the manufacture of textile products, whether or not they contain textiles.Example:If a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.6.3. Where a percentage rules applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.Note 7: 7.1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the 'specific processes` are the following:(a) vacuum distillation;(b) redistillation by a very thorough fractionation process (1);(c) cracking;(d) reforming;(e) extraction by means of selective solvents;(f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;(g) polymerisation;(h) alkylation;(i) isomerisation.7.2. For the purposes of heading Nos 2710, 2711 and 2712, the 'specific processes` are the following:(a) vacuum distillation;(b) redistillation by a very thorough fractionation process (2);(c) cracking;(d) reforming;(e) extraction by means of selective solvents;(f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite;(g) polymerisation;(h) alkylation;(ij) isomerisation;(k) in respect of heavy oils falling within heading No ex 2710 only, desulphurisation with hydrogen resulting in a reduction of at least 85 per cent of the sulphur content of the products processed (ASTM D 1266-59 T method);(l) in respect of products falling within heading No 2710 only, deparaffining by a process other than filtering;(m) in respect of heavy oils falling within heading No ex 2710 only, treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 °C with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolorisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;(n) in respect of fuel oils falling within heading No ex 2710 only, atmospheric distillation, on condition that less than 30 per cent of these products distil, by volume, including losses, at 300 °C by the ASTM D 86 method;(o) in respect of heavy oils other than gas oils and fuel oils falling within heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.7.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marking, obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.(1) See Additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.(2) See Additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.ANNEX II >TABLE>ANNEX III MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1 Printing instructions 1. Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m². It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.2. The competent authorities of the Member States of the Community and of Slovenia may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>>REFERENCE TO A GRAPHIC>ANNEX IV INVOICE DECLARATION >START OF GRAPHIC>The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.English versionThe exporter of the products covered by this document (customs authorisation No . . . (1)) declares that, except where otherwise clearly indicated, these products are of . . . preferential origin (2).Spanish versionEl exportador de los productos incluidos en el presente documento (autorización aduanera no . . . (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial . . . (2).Danish versionEksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. . . . (1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i . . . (2).German versionDer Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. . . . (1)), der Waren, auf die sich dieses Handelspapier bezieht, erklärt, daß diese Waren, soweit nicht anders angegeben, präferenzbegünstigte . . . Ursprungswaren sind (2).Greek versionÏ åîáãùãÝáò ôùí ðñïúüíôùí ðïõ êáëýðôïíôáé áðü ôï ðáñüí Ýããñáöï [Üäåéá ôåëùíåßïõ õð' áñéè. . . . (1)] dhl´vnei óti, ektów eán dhl´vnetai saf´vw állvw, ta proïónta aztá eínai protimhsiak´hw katagvg´hw . . . (2).French versionL'exportateur des produits couverts par le présent document (autorisation douanière no . . . (1)), déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle . . . (2).Italian versionL'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. . . . (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale . . . (2).Dutch versionDe exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. . . . (1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële . . . oorsprong zijn (2).Portuguese versionO exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. . . . (1)), declara que, salvo indicacão expressa em contrário, estes produtos são de origem preferencial . . . (2).(1) When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.(2) Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol 'CM'.Finnish versionTässä asiakirjassa mainittujen tuotteiden viejä (tullin lupan:o . . . (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja . . . alkuperätuotteita (2).Swedish versionExportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. . . . (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande . . . ursprung (2).Slovenian versionIzvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov  Ost. . . . (1)) izjavlja, da, razen  Oce ni druga Oce jasno navedeno, ima to blago preferencialno . . . (2) poreklo.. (3)(Place and date). (4)(Signature of the exporter; in addition the name of the person signing the declaration has to be indicated in clear script)(1) When the invoice declaration is made out by an approved exporter within the meaning of Article 22 of the Protocol, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.(2) Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of the Protocol, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol 'CM'.(3) These indications may be omitted if the information is contained on the document itself.(4) See Article 21(5) of the Protocol. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.>END OF GRAPHIC>ANNEX V >TABLE>JOINT DECLARATION concerning the Principality of Andorra 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Slovenia as originating in the Community within the meaning of Protocol 4 of this Agreement.2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.JOINT DECLARATION concerning the Republic of San Marino 1. Products originating in the Republic of San Marino shall be accepted by Slovenia as originating in the Community within the meaning of Protocol 4 of this Agreement.2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.PROTOCOL 5 on mutual assistance between administrative authorities in customs matters Article 1 DefinitionsFor the purposes of this Protocol:(a) 'customs legislation` shall mean provisions applicable in the European Community and Slovenia governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control;(b) 'customs duties` shall mean all duties, taxes, fees or other charges which are levied and collected in the territories of the Contracting parties, in application of customs legislation, but not including fees and charges which are limited in amount to the approximate costs of services rendered;(c) 'applicant authority` shall mean a competent administrative authority which has been appointed by a Contracting party for this purpose and which makes a request for assistance in customs matters;(d) 'requested authority` shall mean a competent administrative authority which has been appointed by a Contracting party for this purpose and which receives a request for assistance in customs matters;(e) 'personal data` shall mean all information relating to an identified or identifiable individual.Article 2 Scope1. The Contracting parties shall assist each other, within their competences, in the manner and under the conditions laid down in this Protocol, in ensuring that customs legislation is correctly applied, in particular by the prevention, detection and investigation of operations in breach of that legislation.2. Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Contracting parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of the judicial authorities, unless those authorities so agree.Article 3 Assistance on request1. At the request of the applicant authority, the requested authority shall furnish it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding operations noted or planned which are or could be in breach of such legislation.2. At the request of the applicant authority, the requested authority shall inform it whether goods exported from the territory of one of the Contracting parties have been properly imported into the territory of the other party, specifying, where appropriate, the customs procedure applied to the goods.3. At the request of the applicant authority, the requested authority shall inform it whether goods imported into the territory of one of the Contracting parties have been properly exported from the territory of the other party, specifying, where appropriate, the customs procedure applied to the goods.4. At the request of the applicant authority, the requested authority shall take the necessary steps to ensure that a special watch is kept on:(a) natural or legal persons of whom there are reasonable grounds for believing that they are breaching or have breached customs legislation;(b) places where goods are stored in a way that gives grounds for suspecting that they are intended to supply operations contrary to customs legislation;(c) movements of goods notified as possibly giving rise to breaches of customs legislation;(d) means of transport for which there are reasonable grounds for believing that they have been, are or may be used in operations in breach of customs legislation.Article 4 Spontaneous assistanceThe Contracting parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:- operations which constitute, or appear to them to constitute breaches of such legislation and which may be of interest to another Contracting party;- new means or methods employed in realising such operations;- goods known to be subject to breaches of customs legislation.Article 5 Delivery/NotificationAt the request of the applicant authority, the requested authority shall, in accordance with its legislation, take all necessary measures in order to:- deliver all documents- notify all decisionsfalling within the scope of this Protocol to an addressee, residing or established in its territory. In such a case Article 6(3) shall apply.Article 6 Form and substance of requests for assistance1. Requests pursuant to this Protocol shall be made in writing. Documents necessary for the execution of such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.2. Requests pursuant to paragraph 1 shall include the following information:(a) the applicant authority making the request;(b) the measure requested;(c) the object of and the reason for the request;(d) the laws, rules and other legal elements involved;(e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations;(f) a summary of the relevant facts and of the enquiries already carried out, except in cases provided for in Article 5.3. Requests shall be submitted in an official language of the requested authority or in a language acceptable to such authority.4. If a request does not meet the formal requirements, its correction or completion may be demanded; the ordering of precautionary measures may, however, take place.Article 7 Execution of requests1. In order to comply with a request for assistance, the requested authority or, when the latter can not act on its own, the administrative department to which the request has been addressed by this authority, shall proceed, within its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.2. Requests for assistance will be executed in accordance with the laws, rules and other legal instruments of the requested Contracting party.3. Duly authorised officials of a Contracting party may, with the agreement of the other Contracting party involved and within the conditions laid down by the latter, obtain from the offices of the requested authority or other authority for which the requested authority is responsible, information relating to the breaches of customs legislation which the applicant authority needs for the purposes of this Protocol.4. Officials of a Contracting party may, with the agreement of the other Contracting party involved and within the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.Article 8 Form in which information is to be communicated1. The requested authority shall communicate results of enquiries to the applicant authority in the form of documents, certified copies of documents, reports and the like.2. The documents provided for in paragraph 1 may be replaced by computerised information produced in any form for the same purpose.Article 9 Exceptions to the obligation to provide assistance1. The Contracting parties may refuse to give assistance as provided for in this Protocol, where to do so would:(a) be likely to prejudice the sovereignty of Slovenia or of a Member State of the Community which has been asked for assistance under this Protocol; or(b) be likely to prejudice public policy, security or other essential interests; or(c) involve currency or tax regulations other than regulations concerning customs duties; or(d) violate an industrial, commercial or professional secret.2. Where the applicant authority requests assistance which it would itself be unable to provide if so asked, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.3. If assistance is withheld or denied, the decision and the reasons therefore must be notified to the applicant authority without delay.Article 10 Obligation to observe confidentiality1. Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to like information under the relevant laws of the Contracting party which received it and the corresponding provisions applying to the Community authorities.2. Personal data may only be transmitted if the level of personal protection afforded by the legislations of the Contracting parties is equivalent. The Contracting parties shall ensure at least a level of protection based on the principles laid down in the Annex to this Protocol.Article 11 Use of information1. Information obtained shall be used solely for the purposes of this Protocol, and may be used within each Contracting party for other purposes only with the prior written consent of the administrative authority which furnished the information, and shall be subject to any restrictions laid down by that authority.2. Paragraph 1 shall not impede the use of information in any judicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which supplied that information shall be notified of such use forthwith.3. The Contracting parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol.Article 12 Experts and witnessesAn official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol in the jurisdiction of another Contracting party, and produce such objects, documents or authenticated copies thereof, as may be needed for the proceedings. The request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official is to be questioned.Article 13 Assistance expensesThe Contracting parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol except, as appropriate, for expenses to experts and witnesses and to interpreters and translators who are not public service employees.Article 14 Implementation1. The application of this Protocol shall be entrusted to the central Customs Administration of Slovenia on the one hand and the competent services of the Commission of the European Communities, and where appropriate, the customs authorities of the Member States of the European Community on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration rules in the field of data protection.2. The Contracting parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.Article 15 Complementarity1. This Protocol shall complement and not impede application of any agreements on mutual assistance which have been concluded or may be between one or more Member States of the European Community and Slovenia. Nor shall it preclude more extensive mutual assistance granted under such agreements.2. Without prejudice to Article 11, these agreements do not prejudice Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained in customs matters which could be of Community interest.ANNEX BASIC PRINCIPLES OF DATA PROTECTION 1. Personal data undergoing automatic processing shall be:(a) obtained and processed fairly and lawfully;(b) stored for specific and legitimate purposes and not used in a way incompatible with those purposes;(c) adequate, relevant and not excessive in relation to the purposes for which they are stored;(d) accurate and, where necessary, kept up to date;(e) preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored.2. Personal data revealing racial origin, political opinions or religious or other beliefs, as well as personal data concerning health or sexual life, may not be processed automatically unless domestic law provides appropriate safeguards. The same shall apply to personal data relating to criminal convictions.3. Appropriate security measures shall be taken for the protection of personal data stored in automated data files against unauthorised destruction or accidental loss as well as against unauthorised access, alteration or dissemination.4. Any person shall be enabled:(a) to establish the existence of an automated personal data file, its main purposes, as well as the identity and habitual residence or principal place of business of the controller of the file;(b) to obtain at reasonable intervals and without excessive delay or expense confirmation of whether personal data relating to him are stored in the automated data file as well as communication to him of such data in an intelligible form;(c) to obtain, as the case may be, rectification or erasure of such data if they have been processed contrary to the provisions of domestic law giving effect to the basic principles set out in principles 1 and 2;(d) to obtain remedy if a request for communication or, as the case may be, communication, rectification or erasure as referred to in paragraphs (b) and (c) of this principle is not complied with.5.1. No exception to the provisions under principles 1, 2 and 4 shall be allowed except within the limits defined in this principle.5.2. Derogation from the provisions under principles 1, 2 and 4 shall be allowed when such derogation is provided for by the law of the Contracting party, and constitutes a necessary measure in a democratic society in the interest of:(a) protecting State security, public safety, the monetary interests of the State or the suppression of criminal offences;(b) protecting the data subject or the rights and freedoms of others.5.3. Restrictions on the exercise of the rights specified in principle 4, paragraphs (b), (c) and (d), may be provided by law with respect to automated personal data files used for statistics or for scientific research purposes where there is obviously no risk of an infringement of the privacy of the data subjects.6. None of the provisions of this Annex shall be interpreted as limiting or otherwise affecting the possibility for a Contracting party to grant data subjects a wider measure of protection than that stipulated in this Annex.PROTOCOL 6 on concessions with annual limits The parties agree that if the Agreement enters into force after 1 January of a given year, any concessions granted within the limits of annual quantities shall be adjusted pro rata.FINAL ACT The plenipotentiaries of:THE KINGDOM OF BELGIUM,THE KINGDOM OF DENMARK,THE FEDERAL REPUBLIC OF GERMANY,THE HELLENIC REPUBLIC,THE KINGDOM OF SPAIN,THE FRENCH REPUBLIC,IRELAND,THE ITALIAN REPUBLIC,THE GRAND DUCHY OF LUXEMBOURG,THE KINGDOM OF THE NETHERLANDS,THE REPUBLIC OF AUSTRIA,THE PORTUGUESE REPUBLIC,THE REPUBLIC OF FINLAND,THE KINGDOM OF SWEDEN,THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,Contracting parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community, the Treaty establishing the European Atomic Energy Community, and the Treaty on European Union,hereinafter referred to as 'the Member States`, and ofthe EUROPEAN COMMUNITY, the EUROPEAN COAL AND STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY,hereinafter referred to as 'the Community`,of the one part, andthe plenipotentiaries of the REPUBLIC OF SLOVENIA,hereinafter referred to as 'Slovenia`,of the other part,meeting in Brussels this in the year for the signature of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia of the other part, hereinafter referred to as 'the Agreement`, have adopted the following texts:the Agreement, and the following Protocols:>TABLE>The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Slovenia have adopted the texts of the joint declarations listed below and annexed to this Final Act:Joint Declaration on Article 11, Article 14 in conjunction with Annex XII, Article 2(3) of Protocol 1 in conjunction with Annexes II(a) and II(b) thereof, and Article 2(2) of Protocol 2Joint Declaration concerning Article 26(3) of the AgreementJoint Declaration concerning Article 35 of the AgreementJoint Declaration concerning Article 38 of the AgreementJoint Declaration concerning Article 39 of the AgreementJoint Declaration concerning Article 40 of the AgreementJoint Declaration concerning Article 47(d)(i) of the AgreementJoint Declaration concerning transport issues, Article 55 of the AgreementJoint Declaration concerning Article 55(1) of the AgreementJoint Declaration concerning Article 55(3)(c) of the AgreementJoint Declaration concerning Article 57 of the AgreementJoint Declaration concerning Article 57(1) of the AgreementJoint Declaration concerning Article 68 of the AgreementJoint Declaration concerning Article 81 of the AgreementJoint Declaration concerning Article 94 of the AgreementJoint Declaration concerning Article 101 of the AgreementJoint Declaration concerning Article 115 of the AgreementJoint Declaration concerning Article 123 of the AgreementJoint Declaration concerning Protocol 4Joint Declaration on a transitional period concerning the acceptance of documents relating to the proof of originJoint Declaration on the Wine AgreementThe plenipotentiaries of Slovenia have taken note of the Declaration listed below and annexed to this Final Act:Unilateral declaration by the French GovernmentThe plenipotentiaries of the Member States and of the Community have taken note of the declaration listed below and annexed to this Final Act:Unilateral declaration by SloveniaHecho en Luxemburgo, el diez de junio de mil novecientos noventa y seis.Udfærdiget i Luxembourg den tiende juni nitten hundrede og seksoghalvfems.Geschehen zu Luxemburg am zehnten Juni neunzehnhundertsechsundneunzig.¸ãéíå óôï Ëïõîåìâïýñãï, óôéò äÝêá Éïõíßïõ ÷ßëéá åííéáêüóéá åíåíÞíôá Ýîé.Done at Luxembourg on the tenth day of June in the year one thousand nine hundred and ninety-six.Fait à Luxembourg, le dix juin mil neuf cent quatre-vingt-seize.Fatto a Lussemburgo, addì dieci giugno millenovecentonovantasei.Gedaan te Luxemburg, de tiende juni negentienhonderd zesennegentig.Feito no Luxemburgo, em dez de Junho de mil novecentos e noventa e seis.Tehty Luxemburgissa kymmenentenä päivänä kesäkuuta vuonna tuhatyhdeksänsataayhdeksänkymmentäkuusi.Som skedde i Luxemburg den tionde juni nittonhundranittiosex.V Luksemburgu, desetega junija tiso Ocdevetsto Osestindevetdeset.Pour le Royaume de BelgiqueVoor het Koninkrijk BelgiëFür das Königreich Belgien>REFERENCE TO A GRAPHIC>Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.For Kongeriget Danmark>REFERENCE TO A GRAPHIC>Für die Bundesrepublik Deutschland>REFERENCE TO A GRAPHIC>Ãéá ôçí ÅëëçíéêÞ ÄçìïêñáôéÜ>REFERENCE TO A GRAPHIC>Por el Reino de España>REFERENCE TO A GRAPHIC>Pour la République française>REFERENCE TO A GRAPHIC>Thar ceann na hÉireannFor Ireland>REFERENCE TO A GRAPHIC>Per la Repubblica italiana>REFERENCE TO A GRAPHIC>Pour le Grand-Duché de Luxembourg>REFERENCE TO A GRAPHIC>Voor het Koninkrijk der Nederlanden>REFERENCE TO A GRAPHIC>Für die Republik Österreich>REFERENCE TO A GRAPHIC>Pela República Portuguesa>REFERENCE TO A GRAPHIC>Suomen tasavallan puolestaFör Republiken Finland>REFERENCE TO A GRAPHIC>För Konungariket Sverige>REFERENCE TO A GRAPHIC>For the United Kingdom of Great Britain and Northern Ireland>REFERENCE TO A GRAPHIC>Por las Comunidades EuropeasFor De Europæiske FællesskaberFür die Europäischen GemeinschaftenÃéá ôéò ÅõñùðáúêÝò ÊïéíüôçôåòFor the European CommunitiesPour les Communautés européennesPer le Comunità europeeVoor de Europese GemeenschappenPelas Comunidades EuropeiasEuroopan yhteisöjen puolestaFör Europeiska gemenskaperna>REFERENCE TO A GRAPHIC>Za Republiko Slovenijo>REFERENCE TO A GRAPHIC>Joint Declaration on Article 11, Article 14 in conjunction with Annex XII, Article 2(3) of Protocol 1 in conjunction with Annexes II(a) and II(b) thereof and Article 2(2) of Protocol 2 The Agreement was drafted in the expectation that certain provisions, in particular those relating to goods, would be brought into force with effect from 1 January 1996 by means of an interim agreement.The parties note that the entry into force of those provisions is no longer possible on 1 January 1996.The parties agree that the timetables for tariff and tax reductions laid down in Article 11, Article 14 in conjunction with Annex XII, Article 2(3) of Protocol 1 in conjunction with Annexes II(a) and II(b) thereof and Article 2(2) of Protocol 2 should be respected as originally foreseen but should not be interpreted as requiring any reduction of tariffs or taxes to take effect before the date of entry into force of the interim agreement.Joint Declaration concerning Article 26(3) The conditions for the application of Article 26(3) of the Agreement, and the corresponding provisions of the other Europe Agreements will be discussed between the Community and the Countries of Central and Eastern Europe which have signed Europe Agreements. Slovenia will participate in these discussions.Once these conditions have been agreed, they will be incorporated into the Agreement in an appropriate manner.Joint Declaration concerning Article 35 Declaration of intent by the Contracting parties on the trade arrangements between the States that emerged from the former Socialist Federal Republic of Yugoslavia:1. The European Community and Slovenia consider it essential for economic and trade cooperation between the States that emerged from the former Socialist Federal Republic of Yugoslavia to be re-established as quickly as possible, as soon as political and economic circumstances permit.2. The Community is prepared to grant cumulation of origin to the States that emerged from the former Socialist Federal Republic of Yugoslavia which have restored normal economic and trade cooperation as soon as the administrative cooperation needed for cumulation to work properly has been established.3. With this in mind, Slovenia declares its readiness to enter into negotiations as soon as possible in order to establish cooperation with other States that emerged from the former Socialist Federal Republic of Yugoslavia.Joint Declaration concerning Article 38 It is understood that the notion 'children` is defined in accordance with national legislation of the host country concerned.Joint Declaration concerning Article 39 It is understood that the notion 'members of their family` is defined in accordance with national legislation of the host country concerned.Joint Declaration concerning Article 40 Subject to the provisions of Title IV of the Agreement, the Member States of the Community and Slovenia, acting on the basis of the exchange of letters on cooperation in the field of labour, annexed to the Cooperation Agreement of 1993, express their commitment to decide, in the framework of the Association Council, on the modalities of implementation of the principles referred to in that exchange of letters.Joint Declaration concerning Article 47(d)(i) Without prejudice to Article 47, the parties agree that no provision under the Agreement can be interpreted as denying the right of the parties to control and regulate in order to ensure that natural persons benefiting from the right of establishment effectively pursue an activity as self-employed persons.Joint Declaration on transport issues (Article 55) I. Regarding the EC/Slovenia Transport Agreement:Taking into account the concerns raised by the Slovenian delegation regarding the implications of the enlargement of the Community by the accession of Austria, Finland and Sweden, the parties agree to seek the earliest possible implementation of Articles 13 and 14 of the EC/Slovenia Transport Agreement, through the negotiation of an additional agreement regarding bilateral market access for road freight services and road taxes and charges. Negotiations on these issues will be opened if possible before 1 January 1996.II. Regarding cooperation on port development:The parties confirm their desire to encourage transborder cooperation through the development of the ports of Koper and Trieste as a joint cooperative venture between the authorities and entities responsible for these ports. In this context, attention should also be given to common customs procedures for traffic transiting through all these ports.Joint Declaration concerning Article 55(1) The parties state that an Additional Protocol to the Transport Agreement will be negotiated as soon as possible with a view to adapting Slovenian transit traffic through Austrian territory to the conditions laid down in the Act of Accession of Austria to the European Union.Joint Declaration concerning Article 55(3)(c) The parties confirm their understanding that Article 55(3)(c) requires inter alia that each party shall grant no less favourable treatment than that accorded to its own ships for the ships operated by nationals or companies of, or flying the flag of another party, with regard to access to ports, the use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading.Joint Declaration concerning Article 57 The sole fact of requiring a visa for natural persons of certain Member States and not for those of other Member States by Slovenia or of requiring a visa for natural persons of Slovenia by certain Member States and not by others shall not be regarded as nullifying or impairing benefits under a specific commitment.Joint Declaration concerning Article 57(1) Without prejudice to Article 53, the parties agreed that Article 50 is the only provision in Chapters II, III and IV of Title IV that shall be interpreted as giving the right to:- Community subsidiaries or branches of Slovenian companies to employ or have employed in the territory of the Community nationals of Slovenia,- Slovenian subsidiaries or branches of Community companies to employ or have employed in the territory of Slovenia Community nationals.Joint Declaration concerning Article 68 The parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, the rights relating to patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information on know-how.Joint Declaration concerning Article 81 The Community and Slovenia agree between themselves to establish the methods and means necessary for the establishment of an efficient system for the exchange of information in the case of a radiological emergency.Joint Declaration concerning Article 94 In accordance with international commitments the parties will take the necessary steps to implement, before 1 July 1998, the recommendation adopted by the Customs Cooperation Council on 16 June 1960.Joint Declaration concerning Article 101 The European Union and Slovenia agree to examine jointly the possibility of continuing Community support, after entry into force of the Agreement, for the financing of transport infrastructures of mutual interest in Slovenia.They agree to carry out this examination in January 1996 in accordance with the Contracting Parties Joint Declaration No 2 in the minutes of the negotiations for the 1993 EEC-Slovenia Cooperation Agreement.Joint Declaration concerning Article 115 The parties agree that the Association Council, in accordance with Article 115 of the Agreement, will examine the creation of a consultative mechanism composed of members of the Economic and Social Committee of the European Union and the correspondent partners of Slovenia.Joint Declaration concerning Article 123 (a) For the purposes of the interpretation and practical application of the Agreement, the parties agree that the cases of special urgency referred to in Article 123 of the Agreement mean cases of material breach of the Agreement by one of the two parties. A material breach of the Agreement consists in:- repudiation of the Agreement not sanctioned by the general rules of international law;- violation of the essential elements of the Agreement set out in Article 2.(b) The parties agree that the 'appropriate measures` referred to in Article 123 are measures taken in accordance with international law. If a party takes a measure in a case of special urgency pursuant to Article 123, the other party may avail itself of the dispute settlement procedure.Joint Declaration concerning Protocol 4 Slovenia fully supports the European Union's strategy to unify rules of origin in preferential trade between the Community, the Central and East European countries and the EFTA countries, set out in the conclusions of the European Council's Summit at Essen in December 1994.The Community and Slovenia are of the opinion that the successful implementation of a system of diagonal cumulation between the Community and all associated countries in Central and Eastern Europe would be dependent on the associated countries all agreeing on one system and on concluding an agreement between themselves. The parties will seek the addition of Slovenia to the system once these basic conditions have been fulfilled.Joint Declaration on a transitional period concerning the acceptance of documents relating to the proof of origin 1. The competent customs authorities of the Community and of Slovenia shall accept as valid proof of origin within the meaning of Protocol 4:(a) movement certificates EUR.1, endorsed beforehand with the stamp of the competent customs office of the exporting state, issued within the context of the Cooperation Agreement between the European Economic Community and the Republic of Slovenia for up to four months after the entry into force of the Agreement;(b) long-term certificates, endorsed beforehand with the stamp of the competent customs office of the exporting state, issued within the context of the Cooperation Agreement between the European Economic Community and the Republic of Slovenia until 31 December 1995.2. Requests for subsequent verification of documents referred to above shall be accepted by the competent customs authorities of the Community and of Slovenia for a period of two years after the issuing and making out of the proof of origin concerned. These verifications shall be carried out in accordance with Title V of Protocol 4 to the Agreement.Joint Declaration on the Wine Agreement The parties agree that a separate reciprocal Wine Agreement will be negotiated, and concluded in time so as to enter into force at the same time as the Agreement (Interim Agreement). In these negotiations, the parties will take into account the preferential conditions resulting from the Cooperation Agreement.Declaration by the French GovernmentFrance notes that the Agreement with the Republic of Slovenia does not apply to the overseas countries and territories associated with the European Community pursuant to the Treaty establishing the European Community.Declaration by Slovenia Slovenia expresses its intention to utilise all appropriate instruments to foster the development of the port of Koper.