CELEX: 21992A1231(04)
Language: fi
Date: 1992-12-21 00:00:00
Title: Agreement between the European Economic Community and the European Atomic Energy Community, of the one part, and the Republic of Lithuania, of the other part, on trade and commercial and economic cooperation

Il /Nide 20                                      Euroopan yhteisöjen virallinen lehti                                              117
292A1231 04)
N:o L 403/20                          EUROOPAN YHTEISÖJEN VIRALLINEN LEHTI                                                    31.12.92
                                                              AGREEMENT
             between the European Economic Community and the European Atomic Energy Community, of the
             one part, and the Republic of Lithuania, of the other part, on trade and commercial and economic
                                                                 cooperation
             THE EUROPEAN ECONOMIC COMMUNITY
             and
             THE EUROPEAN ATOMIC ENERGY COMMUNITY,
             hereinafter together called the 'Community', of the one part, and
             THE REPUBLIC OF LITHUANIA ,
             hereinafter called 'Lithuania', of the other part ,
             CONSIDERING the importance of establishing and expanding trade links between the Community and
             Lithuania;
             DESIROUS of creating favourable conditions for a substantial and harmonious development and diversification of
             trade and the promotion of commercial and economic cooperation in areas of mutual interest on the basis of
             equality, non-discrimination , mutual benefit and reciprocity;
             AWARE of the particular importance of foreign trade and other forms of international economic cooperation for
             the economic and social development of each of the Contracting Parties;
             AWARE of the importance of giving full effect to all the provisions and principles of the CSCE process , and in
             particular those set out in the Helsinki Final Act, the concluding documents of the Madrid, Vienna and
             Copenhagen meetings, and those of the Charter of Paris for a new Europe, particularly with regard to the rule of
             law, democracy and human rights, as well as those of the Bonn CSCE Conference on Economic
             Cooperation ;
             RECOGNIZING the importance of guaranteeing the rights of ethnic and national groups and minorities, in
             accordance with the undertakings made within the context of the CSCE ;
             AWARE of the importance of strengthening their democratic institutions and of supporting the process of
             economic reform in Lithuania;
             BELIEVING that a further impetus should be given to the trading and economic relationship between the
             Community and Lithuania by establishing contractual links which will contribute to progress towards the
             objective of an association agreement in due course, when conditions are met, and to further development of
             relations between them ; -
             TAKING INTO ACCOUNT the favourable implications for trade and economic cooperation between the
             Contracting Parties of reform under way in Lithuania;
             HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:
        .    THE EUROPEAN ECONOMIC COMMUNITY :
                 Joäo de Deus PINHEIRO ,
                 Minister for Foreign Affairs of the Portuguese Republic, President-in-Office of the Council of the European
                 Communities,
                 Frans ANDRIESSEN ,
                 Vice-President of the Commission of the European Communities ,
             THE EUROPEAN ATOMIC ENERGY COMMUNITY:
                 Frans ANDRIESSEN ,
                 Vice-President of the Commission of the European Communities,
             THE REPUBLIC OF LITHUANIA :
                 Algirdas SAUDARGAS ,
                 Minister for Foreign Affairs,
             WHO , having exchanged their full powers, found in good and due form ,
             HAVE AGREED AS FOLLOWS :
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                            TITLE I                                                            Article S
                           General                                1 . The Contracting Parties shall accord each other
                                                                  most-favoured-nation treatment in all matters regarding:
                           Article 1                              — customs duties and charges of any kind imposed on or in
                                                                      connection with importation or exportation .
 Respect for the democratic principles and human rights           — the method of levying such duties and charges,
established by the Helsinki Final Act and the Charter of Paris
 for a New Europe inspires the domestic and external policies     — all rules and formalities in connection with importation
 of the Community and Lithuania and constitutes an essential          and exportation , including provisions relating to customs
 element of the present agreement.                                    clearance, transit , warehousing and transshipment ,
                                                                 — taxes and other internal charges levied directly or
                          Article 2                                   indirectly on imported products ,
                                                                 — methods of payment and the transfer of such
Within the framework of their respective laws and
                                                                      payments ,
regulations, the Contracting Parties undertake to facilitate
 and promote:
                                                                 — the regulations affecting the sale , purchase , transport,
                                                                      distribution and use of goods on the domestic market.
— the harmonious development and diversification of trade
     between them,
                                                                 2.     The provisions of paragraph 1 shall not apply to:
— the development of various types of commercial and
     economic cooperation.                                       (a) advantages accorded to adjacent countries in order to
                                                                       facilitate frontier traffic;
They therefore confirm their resolve to consider favourably,
each for its own part, suggestions made by the other Party       (b ) advantages accorded with the aim of creating a customs
with a view to attaining these aims.                                   union or a free-trade area or pursuant to the creation of
                                                                       such a union or area ;
                                                                 ( c) advantages accorded to particular countries in
                                                                       accordance with the General Agreement on'Tariffs and
                                                                       Trade and other international arrangements in favour of
                           TITLE II                                    developing countries.
             Tråde and commercial cooperation
                                                                                              Article 6
                          Article 3
                                                                 Without prejudice to the rights and obligations stemming
                                                                 from international conventions on the temporary admission
1 . This Agreement shall apply to trade in all products          of goods which bind both Contracting Parties, the
originating in the Community and in Lithuania with the           Contracting Parties shall furthermore grant each other
exception of products covered by the Treaty establishing the     reciprocal exemption from import charges and duties on
European Coal and Steel Community and of the textiles and        goods admitted temporarily, in the instances and according
apparel covered by Section XI of the harmonized system.          to the procedures stipulated by any other international
                                                                 convention on this matter binding only one of them. Account
2.     The provisions of this Agreement may be                   shall be taken of the conditions under which the obligations
supplemented if necessary by sectoral agreements or              stemming from such a convention have been accepted by the
arrangements concluded between the Community and                 Contracting Party in question.
Lithuania . In particular, a separate agreement for textile
products will be negotiated.
                                                                                              Article 7
                          Article 4
                                                                 Lithuania shall grant imports of products originating in the
                                                                 Community treatment which is non-discriminatory in
Unless otherwise specified in this Agreement, trade and other    relation to products originating in other countries, as regards
commercial cooperation between the Contracting Parties           the application of quantitative restrictions, the granting of
shall be conducted in accordance with their respective           licences and access to the foreign currency needed to pay for
regulations.                                                     such imports.
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                              Article 8                                5 . If, following action under paragraphs 1 to 4,
                                                                       agreement is not reached between the Contracting Parties ,
1.     Without prejudice to Article 7 , each of the Contracting
                                                                       the Contracting Party which requested the consultations
Parties shall grant imports of products originating in the             shall be free to restrict the imports of the products concerned
other the highest degree of liberalization generally extended          to the extent and for such time as is necessary to prevent or
                                                                       remedy the injury . The other Contracting Party shall then be
to third countries . To that end , the specific quantitative
                                                                       free to deviate from its obligations towards the first Party in
restriction applying to imports from Lithuania into the                respect of substantially equivalent trade.
Community shall be eliminated.
2.     For the purposes of this Agreement, 'specific                   6.      In critical circumstances , where delay would cause
quantitative restrictions' shall mean those quantitative               damage difficult to repair , such preventive or remedial action
restrictions applied by the Community to imports originating           may be taken provisionally without prior consultation,
in Lithuania under Regulation (EEC) No 3420 / 83 , which               provided consultations are held immediately after such
concerns products other than those to which quantitative               action is taken .
restrictions are applied under Regulation (EEC)
No 288 / 82 .
                                                                       7.      In the selection of measures under this Article , the
                                                                       Contracting Parties shall give priority to those which cause
                                                                       the least disturbance to the functioning of this Agreement.
                              Article 9
                                                                       8.     Where necessary the Contracting Parties may hold
The Parties shall inform each other of any changes in their
                                                                       consultations to determine when the measures adopted
tariff or statistical nomenclature or of any decision taken in
accordance with the procedures in force concerning the
                                                                       pursuant to paragraphs 4 to 6 shall cease to apply.
classification of products covered by this Agreement.
                                                                                                    Article 12
                             Article 10
Goods shall be traded between the Contracting Parties at               1.      This Agreement shall not preclude prohibitions or
market-related prices .                                                restrictions on imports, exports or goods in transit justified
                                                                       on grounds of public morality , public policy or public
                                                                       security, the protection of life and health of humans , animals
                                                                       or plants, the protection of industrial, commercial and
                             Article' 1 1                              intellectual property, or rules relating to gold or silver or
                                                                       imposed for the protection of national treasures of artistic,
                                                                       historic or archaelogical value.
1 . The Contracting Parties shall consult each other if any
product is being imported into the territory of one of them in
such increased quantities or on such terms as to cause or
threaten to cause serious injury to domestic producers of like         Such prohibitions and restrictions must not, however,
or directly competing products.                                        constitute a means of arbitrary discrimination or disguised
                                                                       restrictions on trade between the Contracting Parties .
2.     The Contracting Party claiming serious injury or threat
thereof shall request consultations by notification in writing         2.      This Agreement shall not preclude the taking of action
and shall provide the other Party with all the relevant                justified on grounds of protection of essential security
information required for a detailed examination of the                 interests :
situation.
                                                                       ( a ) relating to fissionable materials, or the materials from
3.     The consultations requested pursuant to paragraph 1                   which they are derived ;
shall be held with a view to seeking mutually satisfactory
solutions and with due regard for the fundamental aims of
the Agreement; they shall be completed not later than 30 days          ( b) relating to traffic in arms, ammunition and implements
from the date of notification of the request by the Party                    of war and to such traffic in other goods and materials as
concerned, unless the Parties agree otherwise.                               is carried on directly or indirectly for the purpose of
                                                                             supplying a military establishment ;
4.     If, as a result of such consultations, it is agreed that the
situation referred to in paragraph 1 exists, exports shall be          ( c) taken in time of war or other emergency in international
limited or such other action taken, possibly with regard to the              relations or to allow it to comply with obligations it has
price at which these exports are sold, as will prevent or                    accepted in connection with the maintenance of
remedy the injury.                                                           international peace and security.
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                            Article 13                                   cooperation transactions concluded by companies,
                                                                         enterprises or economic organizations of the Community
1.      The Contracting Parties shall make every effort to               and those of Lithuania ,
promote, expand and diversify their trade on the basis of
non-discrimination and reciprocity . In the spirit of this           — agree that when a dispute is submitted to arbitration,
Article, the Joint Committee established under Tide V of this            each party to the dispute may freely choose its own
Agreement will attach special importance to examining ways               arbitrator, irrespective of nationality, and that the
of encouraging the reciprocal and harmonious expansion of                presiding third arbitrator or the sole arbitrator may be a
trade .                                                                  citizen of a third State .
2.      In furtherance of the aims of this Article and within the
                                                                     — shall encourage recourse to the arbitration rules
limits of their respective powers, the Contracting Parties               developed by the United Nations Commission on
agree on the necessity to improve favourable business                    International Trade Law (Uncitral ) and to arbitration by
regulations and facilities for each other's firms or companies           any centre of a State signatory to the Convention on
on their respective markets, inter alia, by taking steps:                Recognition and Enforcement of Foreign Arbitral
— to ensure the publication and facilitate exchanges of                  Awards concluded in New York on 10 June 1958 .
    commercial and economic information on all matters
    which would assist the development of commercial and
    economic cooperation, for example:
    — general and sectoral import arrangements,
                                                                                                 TITLE UI
    — economic and commercial law, including regulations
         on markets, companies and investment,
    — macro-economic           information      and    statistics,                       Economic Cooperation
         including production , consumption and foreign trade
         statistics,
                                                                                                Article 15
— to facilitate the establishment and operation of each
    other's companies,
                                                                     1.     In the light of their respective economic policies and
— to encourage trade promotion activities,                           objectives, the Contracting Parties, within the limits of their
— to provide natural and legal persons of the other Party            respective powers, shall foster economic cooperation on as
    with guarantees of their individual and property rights ,        broad a base as possible in all fields deemed to be in their
    such as non-discriminatory access for that purpose to            mutual interest.
    courts and appropriate administrative bodies of the
    Community and Lithuania .                                        The objectives of such cooperation shall be, inter alia:
3.      Lithuania will take measures guaranteeing an effective       — to reinforce and diversify economic links between the
and adequate protection of intellectual, industrial and                  Contracting Parties ,
commercial property , at a level similar to that which exists in
the Community , and will adhere to International
Conventions on intellectual , industrial and commercial              — to contribute to the development of their respective
                                                                         economies and standards pf living,
property .
4.      The Contracting Parties undertake to facilitate, within      — to open up new sources of supply and new markets,
the limits of their respective powers , administrative
cooperation between the appropriate authorities in matters           — to encourage cooperation between economic operators
relating to customs, in particular in the following areas:               with a view to promoting joint ventures , licensing
                                                                         agreements, and other forms of industrial cooperation to
— vocational training,                                                   develop their respective industries,
— simplification of          customs      documentation       and
                                                                     — to encourage scientific and technological progress,
    procedures, and
— prevention and detection of infringements of the rules on          — to support structural changes in the Lithuania economy
    customs matters , including the rules governing import               which will increase and diversify trade in goods and
    quotas.                                                              services with the Community ,
                                                                     — to encourage the participation of small and medium-sized
                            Article 14                                   enterprises in trade and industrial cooperation.
Within the limits of their respective powers, the Contracting
Parties:                                                             2.     In order to achieve these objectives, the Contracting
                                                                     Parties shall make efforts to encourage and promote
— shall encourage the adoption of arbitration for the                economic cooperation in areas of mutual interest, in
    settlement of disputes arising out of commercial and             particular in the -following sectors:
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— industry ,                                                           the encouragement of activities contributing to
                                                                       technical competence in specific fields, notably
— mining,                                                              commercial ization .
— agriculture, including agro-industry,
                                                                                             Article 16
— hsheries ,
— science and technology in areas in which the Contracting         Without prejudice to the relevant provisions of the Treaties
     Parties are active and which they consider to be of mutual    establishing the European Communities , this Agreement and
     interest, including nuclear research,                         any action taken pursuant to it shall in no way affect the
                                                                   powers of the Member States of the Community to undertake
— telecommunications,                                              bilateral activities with Lithuania in the field of economic
                                                                   cooperation and to conclude, where appropriate, new
— energy, including nuclear energy and nuclear safety             economic cooperation agreements with Lithuania .
     (physical safety and radiation protection), the prevention
     and notification of accidents and the management of
    radioactive waste,
— environmental protection, including protection from                                         TITLE IV
    water and air pollution and industrial accidents , and the
    management of natural resources; also taking into               Accession to international organizations and conventions
     account environmental requirements in other policy
     areas such as industry, agriculture, energy, transport ,
                                                                                             Article 17
— transport, communications and the running of ports,
— tourism and other Service activities ,                          The Community undertakes , within the limits of its powers ,
                                                                   to support the accession of Lithuania to international
— economic, monetary, banking, insurance and financial            organizations and conventions to which the Community is a
     services,                                                    party , in order to enable Lithuania to become more active in
                                                                  the world economic system .
— development of human resources and training,
— health ,
— economic policy,                                                                            TITLEV
— standards,
                                                                                          Joint Committee
— statistics .
                                                                                             Article 18
3.     To give effect to the objectives of economic
cooperation and within the limits of their respective powers,
the Contracting Parties shall encourage the adoption of            1.    A Joint Committee shall be set up , comprising
measures aimed at creating favourable conditions for              representatives of the Community , on the one hand, and
economic and industrial cooperation , including:                  representatives of Lithuania , on the other .
— the facilitation of exchanges of commercial and economic        The Joint Committee shall formulate recommendations by
    information,                                                  mutual agreement between the Contracting Parties.
— the development of a favourable climate for investment,         The Joint Committee shall , as necessary , adopt its own rules
    notably by the .extension by the Member States of the
                                                                  of procedure and programme of work.
    Community and Lithuania of arrangements for
    investment promotion and protection, in particular for
    the transfer of profits and the repatriation of invested      The Joint Committee shall meet once a year in Brussels and
    capital and also of agreements on the avoidance of double     Vilnius alternately. Special meetings may be convened by
    taxation,                                                     mutual agreement, at the request of either Contracting Party.
                                                                  The Joint Committee shall be chaired alternately by each of
— exchanges and contacts between persons and delegations          the Contracting Parties. Wherever possible , the agenda for
    representing commercial or other appropriate                  meetings of the Joint Committee shall be agreed
                                                                  beforehand .
    organizations,
— the organization of seminars, fairs or exhibitions,             The Joint Committee may decide to set up working parties to
    symposia and business weeks,                                  assist it in carrying out its duties .
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2.     The Joint Committee shall ensure the proper                                             TITLE VI
functioning of this Agreement and shall devise and
recommend practical measures for achieving its objectives,                          General and final provisions
keeping in view the economic and social policies of the
Contracting Parties.
                                                                                              Article 19
                                                                   Subject to the provisions of Article 16 , the provisions of this
3 . The Joint Committee shall endeavour to find ways of
                                                                   Agreement shall replace the provisions of agreements
encouraging the development of trade and commercial and            concluded between Member States of the Community and
economic cooperation between the Contracting Parties. In
particular, it shall :                                             Lithuania where the latter provisions are either incompatible
                                                                   with or identical to the former.
— examine the various aspects of trade between the Parties,
    notably its overall pattern , rate of growth, structure and                               Article 20
    diversification, the trade balance and the various forms of
    trade and trade promotion,                                     This Agreement shall apply, on the one hand , to the
                                                                   territories in which the Treaties establishing the European
                                                                   Economic Community and the European Atomic Energy
— make recommendations on any trade or economic                    Community are applied and under the conditions laid down
    cooperation problem of mutual concern,                         in those Treaties and , on the other, to the territory of the
                                                                   Republic of Lithuania .
— seek appropriate means of avoiding possible difficulties
    in the fields of trade and cooperation and encourage                                      Article 21
    various forms of commercial and economic cooperation
    in areas of mutual interest,
                                                                   This Agreement shall enter into force on the first day of the
                                                                   second month following the date on which the Contracting
— consider measures likely to develop and diversify trade          Parties notify each other that the legal procedures necessary
    and economic cooperation, notably by improving import          to this end have been completed . The Agreement is
    opportunities in the Community and in Lithuania,               concluded for an initial period of 10 years. The Agreement
                                                                   shall be automatically, renewed year by year provided that
                                                                   neither Contracting Party gives the other Party written notice
— exchange information on macro-economic plans and                 of denunciation of the Agreement six months before it
    forecasts for the economies of the two Parties which have
                                                                   expires .
    an impact on trade and cooperation and , by extension, .
    on the scope for developing complementarity between            However, the two Contracting Parties may amend the
    their respective economies and also on proposed                Agreement by mutual consent in order to take account of new
    programmes of economic reform ,                                developments, notably the situation which would arise from
                                                                   the accession of Lithuania to the General Agreement on
— examine the situation concerning procedures for the              Tariffs and Trade. In the latter case, the Contracting Parties
    award of contracts for supplying goods and services            shall prepare together the amendments to this Agreement
    following an international invitation to tender,               necessary to take account of the protocol of accession of
                                                                   Lithuania to the General Agreement . If the Parties are unable
                                                                   to agree on this subject they reserve the right to denounce this
— exchange information on amendments to and                        Agreement.
    developments in the laws , regulations and formalities of
    the Contracting Parties in the areas covered by this           The Parties reserve the right to suspend this Agreement in
    Agreement,                                                     whole or in part with immediate effect if a serious violation
                                                                   occurs of the essential provisions of the present
— examine favourably ways of improving conditions for the          Agreement.
    development of direct contacts between firms established
    in the Community and those established in Lithuania,
                                                                                              Article 22
— formulate and submit to the authorities of both                  This Agreement is drawn up in duplicate in the Danish ,
    Contracting Parties recommendations for resolving any          Dutch , English , French , German ," Greek, Italian,
    problems that arise, where appropriate by means of the         Portuguese, Spanish and Lithuanian languages, each text
    conclusion of arrangements or agreements.                      being equally authentic.
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            En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.
            Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne aftale.
            Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses
            Abkommen gesetzt.
            Εις πίστωση των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι έθεσαν τις υπογραφές τους στην παρούσα
            συμφωνία.
            In witness whereof the undersigned Plenipotentiaries have signed this Agreement.
            En foi de quoi les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent
            accord .
            In fede di che , i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente
            accordo .
            Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst
            hebben gesteld.
            Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente
            Acordo .
            Tai patvirtindami , zemiau pasirašiusieji , atitinkamai igalioti pasiraie šią sutarti.
            Hecho en Bruselas, el once de mayo de mil novecientos noventa y dos.
            Udfærdiget i Bruxelles , den ellevte maj nitten hundrede og tooghalvfems.
            Geschehen zu Brüssel am elften mai neunzehnhundertzweiundneunzig.
            Έγινε στις Βρυξέλλες, στις ένδεκα Μαΐου χίλια εννιακόσια εννενήντα δύο.
            Done at Brussels on the eleventh day of May in the year one thousand nine hundred and
            ninety-two.
            Fait à Bruxelles, le onze mai mil neuf cent quatre-vingt-douze.
            Fatto a Bruxelles, addì undici maggio millenovecentonovantadue.
            Gedaan te Brussel , de elfde mei negentienhonderd tweeënnegentig.
            Feito em Bruxelas, em onze de Maio de mil novecentos e noventa e dois .
            Sudaryta Briuselyje, tükstantis devyni Simtai devyniasdešimt antrq metu geguzes vienuolikt^
            diena .
 ---pagebreak--- 124                              Euroopan yhteisöjen virallinen lehti li /Nide 20
    Por la Comunidad Econömica Europea
    For Det Europaeiske Φkonomiske Fasllesskab
    Fur die Europäische Wirtschaftsgemeinschaft
    Ha την Eυρωπαïκή) Oικoνoμική KOIVÖTTITCL
    For the European Economic Community
    Pour la Communauté économique européenne
    Per la Comunità economica europea
    Voor .de Europese Economische Gemeenschap
    Pela Comunidade Econömica Europeia
    Europos Ekonomines Bendrijos vardu
    Por la Comunidad Europea de la Energía Atómica
    For Det Europaeiske Atomenergifællesskab
    Für die Europäische Atomgemeinschah
    ria την Eυρωπαïκή Koιvότητα Aτoμικής Evεργείας
    For the European Atomic Energy Community
    Pour la Communauté européenne de l'énergie atomique
    Per la Comunità europea dell'energia atomica
    Voor de Europese Gemeenschap voor Atoomenergie
    Pela Comunidade Europeia da Energia Atômica
    Europos Atomines Energijos Bendrijos vardu
 ---pagebreak--- Il /Nide 20                               Euroopan yhteisöjen virallinen lehti 125
            Por la República de Lituania
            For Républikken Litauen
            Fur die Republik Litauen
            Για τη| Δημoκρατία της Λιθoυανία<;
            For the Republic of Lithuania
            Pour la république de Lituanie
            Per la Repubblica di Lituania
            Voor de Republiek Litouwen
            Pela Repûblica da Lituânia
            Lietuvos Respublikos vardu
 ---pagebreak--- 126                                   Euroopan yhteisöjen virallinen lehti                        li /Nide 20
    Information concerning the date of entry into force of the Agreement on trade and cooperation
                                                with Latvia (')
    The European Community and the Republic of Latvia notified each other on 22 December and
    30 November 1992 respectively of the completion of the legal procedures necessary for the entry
    into force of the Agreement on trade and commercial and economic cooperation signed on
    11 May 1992. In accordance with Article 21 , the Agreement will therefore enter into force on.
    1 February 1993,.
    Information concerning the date of entry into force of the Agreement on trade and cooperation
                                               with Lithuania (2)
    The European Community and the Republic of Lithuania notified each other on 22 and
    10 December 1992 respectively of the completion of the legal procedures necessary for the entry
    into force of the Agreement on trade and commercial and economic cooperation signed on
    11 May 1992. In accordance with Article 21 , the Agreement will therefore enter into force on
    1 February 1993 .
     (') See page 10 of this Official Journal.
     (*) See page 19 of this Official Journal.