CELEX: 
Language: en
Date: 2010-04-28 00:00:00
Title: Council Decision of 9 October 2009 on the signing and conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part#Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

28.4.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 106/39
            
         COUNCIL DECISION
   of 9 October 2009
   on the signing and conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part
   (2010/240/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2), thereof,
   Having regard to the proposal from the Commission,
   Whereas:
   
               (1)
            
            
               Article 13 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (1) (‘the Association Agreement’) in force since 1 June 2004, of which the trade and trade-related provisions entered into force on 1 January 2004, provides that the Community and Egypt shall gradually implement greater liberalisation of their reciprocal trade in agricultural products, processed agricultural products and fish and fishery products.
            
         
               (2)
            
            
               On 6 March 2007, the EU-Egypt Association Council adopted an Action Plan of the European Neighbourhood Policy that includes a specific provision for the further liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products.
            
         
               (3)
            
            
               On 14 November 2005, the Council authorised the Commission to conduct negotiations with the Arab Republic of Egypt within the framework of the Association Agreement, in order to achieve greater liberalisation of reciprocal trade in agricultural products, processed agricultural products and fish and fishery products.
            
         
               (4)
            
            
               On 19 June 2008, the Commission concluded the negotiations on behalf of the Community of an Agreement in the form of an Exchange of Letters with a view to amending the Association Agreement.
            
         
               (5)
            
            
               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2).
            
         
               (6)
            
            
               The Agreement in the form of an Exchange of Letters should be approved,
            
         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, which amends the Association Agreement and, in particular, replaces Protocols 1 and 2 of that Agreement, as well as their annexes, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   1.   The Commission shall adopt the necessary implementing measures for Protocols 1 and 2 in accordance with Decision 1999/468/EC.
   2.   The Commission shall be assisted in this task by the Management Committee for the Common Organisation of Agricultural Markets, established by Article 195 of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (3), by the Management Committee for Fisheries Products, established by Article 38 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (4) or, where appropriate, by the committees established by the corresponding provisions of other regulations on the common organisation of markets or by the Customs Code Committee established by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5).
   Article 3
   Where the Community needs to take a safeguard measure concerning agricultural products and fish and fishery products, as provided for in the Association Agreement, that measure shall be adopted in accordance with the procedure provided for in Article 159(2) of the Single CMO Regulation for agricultural products, or by Article 30 of Regulation (EC) No 104/2000 for fish and fishery products. In the case of processed agricultural products, such safeguard measures shall, provided that the conditions laid down by the relevant provisions of the Association Agreement are met, be adopted in accordance with the relevant provisions laid down respectively in Regulation (EEC) No 2783/75 of the Council of 29 October 1975 on the common system of trade for ovalbumin and lactalbumin (6), in Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements, applicable to certain goods resulting from the processing of agricultural products (7) and in Council Regulation (EC) No 1667/2006 of 7 November 2006 on glucose and lactose (8).
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.
   
      Done at Luxembourg, 9 October 2009.
      
         
            For the Council
         
         
            The President
         
         Å. TORSTENSSON
      
   
   
      (1)  OJ L 304, 30.9.2004, p. 39.
   
      (2)  OJ L 184, 17.7.1999, p. 23.
   
      (3)  OJ L 299, 16.11.2007, p. 1.
   
      (4)  OJ L 17, 21.1.2000, p. 22.
   
      (5)  OJ L 302, 19.10.1992, p. 1.
   
      (6)  OJ L 282, 1.11.1975, p. 104.
   
      (7)  OJ L 318, 20.12.1993, p. 18.
   
      (8)  OJ L 312, 11.11.2006, p. 1.
   
      AGREEMENT
      in the form of an Exchange of Letters between the European Community and the Arab Republic of Egypt concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part
      Sir/Madam,
      I have the honour of referring to the negotiations which took place in accordance with the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005 for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products and under Articles 13 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (1) (‘the Association Agreement’), in force since 1 June 2004, of which the trade and trade-related provisions entered into force on 1 January 2004, which provides that the Community and the Arab Republic of Egypt shall gradually establish a greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products.
      On the conclusion of the negotiations, the two Parties agreed upon the following amendments to the Association Agreement:
      
                  1.
               
               
                  The title of Chapter 2 shall be replaced by the following:
               
            
                  2.
               
               
                  Article 14(1) shall be replaced by the following:
                  ‘1.   Agricultural products, processed agricultural products and fish and fishery products originating in Egypt and listed in Protocol 1, on importation into the Community, shall be subject to the arrangements set out in that Protocol.’
               
            
                  3.
               
               
                  Article 14(2) shall be replaced by the following:
                  ‘2.   Agricultural products, processed agricultural products and fish and fishery products originating in the Community and listed in Protocol 2, on importation into Egypt, shall be subject to the arrangements set out in that Protocol.’
               
            
                  4.
               
               
                  Article 14(3) shall be deleted.
               
            
                  5.
               
               
                  The following paragraph shall be added to Article 15:
                  ‘3.   The Contracting Parties shall meet two years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 28 October 2009 to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products in accordance with Article 13 of this Agreement. Such meeting shall thereafter be held regularly every two years.’
               
            
                  6.
               
               
                  Protocols 1 and 2 and their Annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters.
               
            
                  7.
               
               
                  Protocol 3 shall be deleted.
               
            
                  8.
               
               
                  A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Association Agreement.
               
            This Agreement in the Form of an Exchange of Letters shall enter into force on the first day of the second month following the date of deposit of the last instrument of approval.
      I would be grateful if you could confirm the agreement of your Government to the above.
      Please accept, Sir/Madam, the assurance of my highest consideration.
      
         Съставено в Брюксел на
         Hecho en Bruselas, el
         V Bruselu dne
         Udfærdiget i Bruxelles, den
         Geschehen zu Brüssel am
         Brüssel,
         Έγινε στις Βρυξέλλες, στις
         Done at Brussels,
         Fait à Bruxelles, le
         Fatto a Bruxelles, addì
         Briselē,
         Priimta Briuselyje
         Kelt Brüsszelben,
         Magħmula fi Brussell,
         Gedaan te Brussel,
         Sporządzono w Brukseli dnia
         Feito em Bruxelas,
         Încheiat la Bruxelles,
         V Bruseli
         V Bruslju,
         Tehty Brysselissä
         Utfärdat i Bryssel den
         
            
         
            
         
            За Европейската общност
            Por la Comunidad Europea
            Za Evropské společenství
            For Det Europæiske Fællesskab
            Für die Europäische Gemeinschaft
            Euroopa Ühenduse nimel
            Για την Ευρωπαϊκή Κοινότητα
            For the European Community
            Pour la Communauté européenne
            Per la Comunità europea
            Eiropas Kopienas vārdā
            Europos bendrijos vardu
            Az Európai Közösség részéről
            Għall-Komunità Ewropea
            Voor de Europese Gemeenschap
            W imieniu Wspólnoty Europejskiej
            Pela Comunidade Europeia
            Pentru Comunitatea Europeană
            Za Európske spoločenstvo
            Za Evropsko skupnost
            Euroopan yhteisön puolesta
            För Europeiska gemenskapen
            
               
            
               
         
      
      
          
      
      
         ANNEX I
         
            PROTOCOL 1
            concerning the arrangements applicable to the importation into the European Community of agricultural products, processed agricultural products and fish and fishery products originating in the Arab Republic of Egypt
            
                        1.
                     
                     
                        Imports into the European Community of the products listed in the Annex to this Protocol, which originate in Egypt, shall be subject to the conditions set out below.
                     
                  
                        2.
                     
                     
                        From the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 28 October 2009 (hereinafter ‘the Agreement in the form of an Exchange of Letters’), customs duties applicable on the import into the European Community of agricultural products, processed agricultural products and fish and fishery products originating in Egypt shall be eliminated, except as otherwise provided for in Table 1 of the Annex.
                     
                  
                        3.
                     
                     
                        For those products originating in Egypt listed in Table 2 of the Annex, customs duties shall be eliminated or reduced within the limit of the tariff quotas listed in column ‘b’.
                        Customs duties in respect of the quantities in excess of the quotas shall be reduced by the percentage listed in column ‘c’.
                        For the first year after the entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement.
                     
                  
                        4.
                     
                     
                        For products falling under CN codes 0703 20 00 and 0707 00 05, the tariff quota volume listed in column ‘b’ shall be increased annually by 3 % of the volume of the previous year, the first increase taking place one year after the entry into force of the Agreement in the form of an Exchange of Letters.
                     
                  
                        5.
                     
                     
                        For products falling under CN codes 0810 10 00, 1006 20, 1006 30 and 1006 40, the tariff quota volume listed in column ‘b’ shall be increased annually by 3 % of the volume of the previous year over a period of five years, the first increase taking place one year after the entry into force of the Agreement in the form of an Exchange of Letters.
                     
                  
                        6.
                     
                     
                        For products falling under CN codes 1806 10 30, 1806 10 90, 1806 20 95, 2101 20 98 and 2106 90 59, the tariff quota volume listed in column ‘b’ shall be increased annually by 5 % of the volume of the previous year over a period of five years, the first increase taking place one year after the entry into force of the Agreement in the form of an Exchange of Letters.
                     
                  
                        7.
                     
                     
                        For products falling under CN codes 1704 90 99, 1901 90 99, 2101 12 98, 2106 90 98 and 3302 10 29, the tariff quota volume listed in column ‘b’ shall be increased annually by 10 % of the volume of the previous year over a period of five years, the first increase taking place one year after the entry into force of the Agreement in the form of an Exchange of Letters.
                     
                  
                        8.
                     
                     
                        
                                    (a)
                                 
                                 
                                    Notwithstanding the conditions under point 2 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 (2 4 9), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.
                                 
                              
                                    (b)
                                 
                                 
                                    For fresh sweet oranges, falling within CN code 0805 10 20 (3 5 10), within the limit of a tariff quota of 36 300 tons applicable for the concession on the ad valorem customs duties, the agreed entry price between the European Community and Egypt, from which the specific duty provided in the Community’s list of concessions to the WTO is reduced to zero, is EUR 264/tonne, for every period from 1 December to 31 May.
                                 
                              If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.
                     
                  
         
            ANNEX TO PROTOCOL 1
            concerning the arrangements applicable to the importation into the European Community of agricultural products, processed agricultural products and fish and fishery products originating in the Arab Republic of Egypt
            Imports into the European Community of the following products originating in Egypt shall be subject to the conditions set out below.
            
               Table 1
            
            Products not included in the table below are duty free. A preferential treatment for some of the products listed below is indicated in Table 2.
            
                        CN Code (2 4 9)
                        
                     
                     
                        Description (3 5 10)
                        
                     
                  
                        0702 00 00
                     
                     
                        Tomatoes, fresh or chilled
                     
                  
                        0703 20 00
                     
                     
                        Garlic, fresh or chilled
                     
                  
                        0707 00 05
                     
                     
                        Cucumbers, fresh or chilled
                     
                  
                        0709 90 70
                     
                     
                        Courgettes, fresh or chilled
                     
                  
                        0709 90 80
                     
                     
                        Globe artichokes, fresh or chilled
                     
                  
                        0806 10 10
                     
                     
                        Table grapes, fresh
                     
                  
                        0810 10 00
                     
                     
                        Strawberries, fresh
                     
                  
                        1006
                     
                     
                        Rice
                     
                  
                        1604 13
                     
                     
                        Prepared or preserved sardines, sardinella and brisling or sprats, whole or in pieces, but not minced
                     
                  
                        1604 14
                     
                     
                        Prepared or preserved tuna, skipjack and bonito (Sarda spp.), whole or in pieces, but not minced
                     
                  
                        1701
                     
                     
                        Cane or beet sugar and chemically pure sucrose, in solid form
                     
                  
                        1702 excluding 1702 90 10
                     
                     
                        Other sugars, including chemically pure lactose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel
                     
                  
                        1702 50 00
                     
                     
                        Chemically pure fructose in solid form
                     
                  
                        ex 1704 90 99
                     
                     
                        Other sugar confectionery, not containing cocoa, containing: 70 % or more by weight of sucrose
                     
                  
                        ex 1806 10 30
                     
                     
                        Sweetened cacao powder, containing: 70 % or more but less than 80 % by weight of sucrose
                     
                  
                        1806 10 90
                     
                     
                        Sweetened cacao powder, containing: 80 % or more by weight of sucrose
                     
                  
                        ex 1806 20 95
                     
                     
                        Chocolate and other food preparations containing cocoa, in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form, in containers or immediate packings of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter, containing: 70 % or more by weight of sucrose
                     
                  
                        ex 1901 90 99
                     
                     
                        Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
                        ex 2101 12 98
                     
                     
                        Preparations with a basis of coffee, containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
                        ex 2101 20 98
                     
                     
                        Preparations with a basis of tea or mate containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
                        ex 2106 90 59
                     
                     
                        Other flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups), containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
                        ex 2106 90 98
                     
                     
                        Other food preparations not elsewhere specified or included, of a kind used in drink industries, containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
                        ex 3302 10 29
                     
                     
                        Other preparations of a kind used in the drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by volume not exceeding 0,5 %, containing: 70 % or more by weight of sucrose/isoglucose
                     
                  
               Table 2
            
            For the following products a preferential treatment is provided in the form of tariff quotas, reduced duties beyond the tariff quota and calendars as listed below:
            
                        CN Code (6 11)
                        
                     
                     
                        Description (7 12)
                        
                     
                     
                        a
                     
                     
                        b
                     
                     
                        c
                     
                  
                        Reduction of the MFN customs duty
                        %
                     
                     
                        Tariff quota (tonnes net weight)
                     
                     
                        Reduction of the customs duty beyond the tariff quota %
                     
                  
                        0702 00 00
                     
                     
                        Tomatoes, fresh or chilled, from 1 November to 30 June
                     
                     
                        100 %
                     
                     
                        unlimited
                     
                     
                        —
                     
                  
                        0703 20 00
                     
                     
                        Garlic, fresh or chilled, from 15 January to 30 June
                     
                     
                        100 %
                     
                     
                        4 000
                     
                     
                        50 %
                     
                  
                        0707 00 05
                     
                     
                        Cucumbers, fresh or chilled, from 15 November to 15 May
                     
                     
                        100 %
                     
                     
                        3 000
                     
                     
                        —
                     
                  
                        0709 90 70
                     
                     
                        Courgettes, fresh or chilled, from 1 October to 30 April
                     
                     
                        100 %
                     
                     
                        unlimited
                     
                     
                        —
                     
                  
                        0709 90 80
                     
                     
                        Globe artichokes, fresh or chilled, from 1 November to 31 March
                     
                     
                        100 %
                     
                     
                        unlimited
                     
                     
                        —
                     
                  
                        0806 10 10
                     
                     
                        Table grapes, fresh , from 1 February to 31 July
                     
                     
                        100 %
                     
                     
                        unlimited
                     
                     
                        —
                     
                  
                        0810 10 00
                     
                     
                        Fresh strawberries, from 1 October to 30 April
                     
                     
                        100 %
                     
                     
                        10 000
                     
                     
                        —
                     
                  
                        1006 20
                     
                     
                        Husked (brown) rice
                     
                     
                        100 %
                     
                     
                        20 000
                     
                     
                        —
                     
                  
                        1006 30
                     
                     
                        Semi-milled or wholly milled rice, whether or not polished or glazed
                     
                     
                        100 %
                     
                     
                        70 000
                     
                     
                        —
                     
                  
                        1006 40 00
                     
                     
                        Broken rice
                     
                     
                        100 %
                     
                     
                        80 000
                     
                     
                        —
                     
                  
                        1702 50 00
                     
                     
                        Chemically pure fructose in solid form
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        100 % on the ad valorem duty + 30 % on the EA (8)
                        
                     
                  
                        ex 1704 90 99
                     
                     
                        Other sugar confectionery, not containing cocoa, containing: 70 % or more by weight of sucrose
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        —
                     
                  
                        ex 1806 10 30
                     
                     
                        Sweetened cacao powder, containing: 70 % or more but less than 80 % of sucrose (sugar)
                     
                     
                        100 %
                     
                     
                        500
                     
                     
                        —
                     
                  
                        1806 10 90
                     
                     
                        Sweetened cacao powder, containing: 80 % or more by weight of sucrose (sugar)
                     
                     
                        100 %
                     
                     
                        500
                     
                     
                        —
                     
                  
                        ex 1806 20 95
                     
                     
                        Chocolate and other food preparations containing cocoa, in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form, in containers or immediate packings of a content exceeding 2 kg, containing less than 18 % by weight of cocoa butter, containing: 70 % or more by weight of sucrose
                     
                     
                        100 %
                     
                     
                        500
                     
                     
                        —
                     
                  
                        ex 1901 90 99
                     
                     
                        Other food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        —
                     
                  
                        ex 2101 12 98
                     
                     
                        Preparations with a basis of coffee, containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        —
                     
                  
                        ex 2101 20 98
                     
                     
                        Preparations with a basis of tea or mate, containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        500
                     
                     
                        —
                     
                  
                        ex 2106 90 59
                     
                     
                        Other flavoured or coloured sugar syrups (excl. isoglucose, lactose, glucose and maltodextrine syrups), containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        500
                     
                     
                        —
                     
                  
                        ex 2106 90 98
                     
                     
                        Other food preparations not elsewhere specified or included, of a kind used in drink industries, containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        —
                     
                  
                        ex 3302 10 29
                     
                     
                        Other preparations of a kind used in drink industries, containing all flavouring agents characterising a beverage, of an actual alcoholic strength by volume not exceeding 0,5 %, containing: 70 % or more by weight of sucrose/isoglucose
                     
                     
                        100 %
                     
                     
                        1 000
                     
                     
                        —
                     
                  
      
      
         ANNEX II
         
            PROTOCOL 2
            concerning the arrangements applicable to the importation into the Arab Republic of Egypt of agricultural products, processed agricultural products and fish and fishery products originating in the European Community
            
                        1.
                     
                     
                        Imports into the Arab Republic of Egypt of the products listed in the Annex to this Protocol, which originate in the European Community, shall be subject to the conditions set out below.
                     
                  
                        2.
                     
                     
                        From the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 28 October 2009 on Brussels (hereinafter ‘the Agreement in the form of an Exchange of Letters’), customs duties applicable on the import into the Arab Republic of Egypt of agricultural products, processed agricultural products and fish and fishery products originating in the European Community shall be eliminated except for those products listed in Table 1 of the Annex.
                     
                  
                        3.
                     
                     
                        For those products originating in the European Community listed in Table 2 of the Annex, customs duties shall be eliminated or reduced within the limit of the tariff quotas listed in column ‘b’.
                        For the first year after the entry into force of the Agreement in the form of an Exchange of Letters, the volume of tariff quotas shall be calculated as a pro rata of the basic volume, taking into account the part of the period elapsed before the date of entry into force of that Agreement.
                     
                  
         
            ANNEX TO PROTOCOL 2
            
               concerning the arrangements applicable to the importation into the Arab Republic of Egypt of agricultural products, processed agricultural products and fish and fishery products originating in the European Community
            
            Imports into the Arab Republic of Egypt of the following products which originate in the European Community shall be subject to the conditions set out below.
            
               Table 1
            
            Products not included in the table below are duty free. A preferential treatment for some of the products listed below is indicated in Table 2.
            
                        HS or Egyptian Code (2 4 9)
                        
                     
                     
                        Description (3 5 10)
                        
                     
                  
                        0203
                     
                     
                        Meat of swine, fresh, chilled or frozen
                     
                  
                        ex ex 0206
                     
                     
                        Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen:
                     
                  
                        0206 30
                     
                     
                        
                                    –
                                 
                                 
                                    of swine, fresh or chilled
                                 
                              
                  
                        0206 41
                     
                     
                        
                                    –
                                 
                                 
                                    of swine livers, frozen
                                 
                              
                  
                        0206 49
                     
                     
                        
                                    – –
                                 
                                 
                                    Other
                                 
                              
                  
                        ex ex 0207
                     
                     
                        Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen:
                     
                  
                         
                     
                     
                        
                                    –
                                 
                                 
                                    of fowls of the species Gallus domesticus:
                                 
                              
                  
                        0207 11
                     
                     
                        
                                    – –
                                 
                                 
                                    Not cut in pieces, fresh or chilled
                                 
                              
                  
                        0207 12
                     
                     
                        
                                    – –
                                 
                                 
                                    Not cut in pieces, frozen
                                 
                              
                  
                        0209
                     
                     
                        Pig fat, free of lean meat, and poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked
                     
                  
                        ex ex 0210
                     
                     
                        Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal:
                     
                  
                         
                     
                     
                        
                                    –
                                 
                                 
                                    Meat of swine:
                                 
                              
                  
                        0210 11
                     
                     
                        
                                    – –
                                 
                                 
                                    Hams, shoulders and cuts thereof, with bone in
                                 
                              
                  
                        0210 12
                     
                     
                        
                                    – –
                                 
                                 
                                    Bellies (streaky) and cuts thereof
                                 
                              
                  
                        0210 19
                     
                     
                        
                                    – –
                                 
                                 
                                    Other
                                 
                              
                  
                        ex ex 0406 10
                     
                     
                        Fresh (unripened or uncured) cheese, including whey cheese, and curd (less than 20 kg)
                     
                  
                        1501
                     
                     
                        Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503
                     
                  
                        ex ex 1602
                     
                     
                        Other prepared or preserved meat, meat offal or blood:
                     
                  
                        1602 10
                     
                     
                        
                                    –
                                 
                                 
                                    homogenised preparations
                                 
                              
                  
                        1602 20
                     
                     
                        
                                    –
                                 
                                 
                                    of liver of any animal
                                 
                              
                  
                         
                     
                     
                        
                                    –
                                 
                                 
                                    of swine:
                                 
                              
                  
                        1602 41
                     
                     
                        
                                    –
                                 
                                 
                                    Hams and cuts thereof
                                 
                              
                  
                        1602 42
                     
                     
                        
                                    –
                                 
                                 
                                    Shoulders and cuts thereof
                                 
                              
                  
                        1602 49
                     
                     
                        
                                    –
                                 
                                 
                                    Other, including mixtures
                                 
                              
                  
                         
                     
                     
                        
                                    –
                                 
                                 
                                    Other, including preparations of blood of any animal:
                                 
                              
                  
                        1602 90 10
                     
                     
                        
                                    –
                                 
                                 
                                    of swine
                                 
                              
                  
                        1704
                     
                     
                        Sugar confectionery (including white chocolate), not containing cocoa
                     
                  
                        1806
                     
                     
                        Chocolate and other food preparations containing cocoa
                     
                  
                        1902
                     
                     
                        Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
                     
                  
                        1905
                     
                     
                        Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
                     
                  
                        2004
                     
                     
                        Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006
                     
                  
                        ex ex 2106
                     
                     
                        Food preparations not elsewhere specified or included:
                     
                  
                        2106 90 20
                     
                     
                        
                                    – –
                                 
                                 
                                    Compound alcoholic preparations, other than those based on odoriferous substances, of a kind used for the manufacture of beverages
                                 
                              
                  
                        2203
                     
                     
                        Beer made from malt
                     
                  
                        2204
                     
                     
                        Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009
                     
                  
                        2205
                     
                     
                        Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances
                     
                  
                        2206
                     
                     
                        Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included
                     
                  
                        2207
                     
                     
                        Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength
                     
                  
                        2208
                     
                     
                        Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages
                     
                  
                        2401
                     
                     
                        Unmanufactured tobacco; tobacco refuse
                     
                  
                        2402
                     
                     
                        Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitute
                     
                  
                        2403
                     
                     
                        Other manufactured tobacco and manufactured tobacco substitutes; ‘homogenised’ or ‘reconstituted’ tobacco; tobacco extracts and essences
                     
                  
                        ex ex 3302
                     
                     
                        Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:
                        of a kind used in the food or drink industry:
                     
                  
                        3302 10 10
                     
                     
                        Compound alcoholic preparations of a kind used for manufacture of beverages
                     
                  
               Table 2
            
            For the following products a preferential treatment is provided in the form of tariff quotas and reduced duties as listed below:
            
                        HS or Egyptian Code (6 11)
                        
                     
                     
                        Description (7 12)
                        
                     
                     
                        a
                     
                     
                        b
                     
                  
                        Reduction of the MFN customs duty
                        %
                     
                     
                        Tariff quota (tonnes net weight)
                     
                  
                        ex ex 0207
                     
                     
                        Meat and edible offal, of the poultry of heading 0105, fresh, chilled or frozen:
                     
                     
                        35 %
                     
                     
                        5 000
                     
                  
                        
                                    –
                                 
                                 
                                    of fowls of the species Gallus domesticus:
                                 
                              
                  
                        0207 11
                     
                     
                        
                                    – –
                                 
                                 
                                    Not cut in pieces, fresh or chilled
                                 
                              
                  
                        0207 12
                     
                     
                        
                                    – –
                                 
                                 
                                    Not cut in pieces, frozen
                                 
                              
                  
                        ex ex 0406 10
                     
                     
                        Fresh (unripened or uncured) cheese, including whey cheese, and curd (less than 20 kg)
                     
                     
                        50 %
                     
                     
                        1 000
                     
                  
                        1704
                     
                     
                        Sugar confectionery (including white chocolate), not containing cocoa
                     
                     
                        50 %
                     
                     
                        unlimited
                     
                  
                        1806
                     
                     
                        Chocolate and other food preparations containing cocoa
                     
                     
                        50 %
                     
                     
                        unlimited
                     
                  
                        1902
                     
                     
                        Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
                     
                     
                        50 %
                     
                     
                        unlimited
                     
                  
                        1905
                     
                     
                        Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products
                     
                     
                        50 %
                     
                     
                        unlimited
                     
                  
                        2004
                     
                     
                        Other vegetables prepared or preserved otherwise than by vinegar or ascetic acid, frozen, other than products of heading 2006
                     
                     
                        50 %
                     
                     
                        unlimited
                     
                  
                        ex ex 3302
                     
                     
                        Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with bases of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:
                     
                     
                        35 %
                     
                     
                        unlimited
                     
                  
                        3302 10 10
                     
                     
                        of a kind used in the food or drink industry:
                     
                  
                        
                                    – – –
                                 
                                 
                                    compound alcoholic preparations of a kind used for manufacture of beverages
                                 
                              
                  
      
      
         ANNEX III
         
            COMMON DECLARATION ON SANITARY AND PHYTOSANITARY OR TECHNICAL BARRIERS TO TRADE ISSUES
            The Parties shall solve any problems, in particular sanitary, phytosanitary or technical barriers to trade, hindering the implementation of this Agreement, by means of existing administrative arrangements. The results shall then be reported to the Subcommittee for agriculture and fisheries, as well as to the Subcommittee of industry, trade, services and investment and to the Association Committee. The Parties commit to examine and solve such cases with the shortest possible delay in a friendly manner, in line with their respective applicable laws.
         
      
      Sir/Madam,
      I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:
      ‘I have the honour of referring to the negotiations which took place in accordance with the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005 for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products and under Articles 13 and 15 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (13) (“the Association Agreement”), in force since 1 June 2004, of which the trade and trade-related provisions entered into force since 1 January 2004, which provides that the Community and the Arab Republic of Egypt shall gradually establish a greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products.
      On the conclusion of the negotiations, the two Parties agreed upon the following amendments to the Association Agreement:
      
                  1.
               
               
                  The title of Chapter 2 shall be replaced by the following:
               
            
                  2.
               
               
                  Article 14(1) shall be replaced by the following:
                  “1.   Agricultural products, processed agricultural products and fish and fishery products originating in Egypt and listed in Protocol 1, on importation into the Community, shall be subject to the arrangements set out in that Protocol.”
               
            
                  3.
               
               
                  Article 14(2) shall be replaced by the following:
                  “2.   Agricultural products, processed agricultural products and fish and fishery products originating in the Community and listed in Protocol 2, on importation into Egypt, shall be subject to the arrangements set out in that Protocol.”
               
            
                  4.
               
               
                  Article 14(3) shall be deleted.
               
            
                  5.
               
               
                  The following paragraph shall be added to Article 15:
                  “3.   The Contracting Parties shall meet two years from the date of entry into force of the Agreement in the form of an Exchange of Letters signed at Brussels on 28 October 2009 to consider the possibility of granting each other further concessions of trade in agricultural products, processed agricultural products and fish and fishery products in accordance with Article 13 of this Agreement. Such meeting shall thereafter be held regularly every two years.”
               
            
                  6.
               
               
                  Protocols 1 and 2 and their Annexes shall be replaced by those appearing in Annexes I and II to this Agreement in the form of an Exchange of Letters.
               
            
                  7.
               
               
                  Protocol 3 shall be deleted.
               
            
                  8.
               
               
                  A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Association Agreement.
               
            This Agreement in the Form of an Exchange of Letters shall enter into force on the first day of the second month following the date of deposit of the last instrument of approval.’
      The Arab Republic of Egypt has the honour of confirming its agreement with the content of this letter.
      Please accept, Sir/Madam, the assurance of my highest consideration.
      
         Съставено в Брюксел на
         Hecho en Bruselas, el
         V Bruselu dne
         Udfærdiget i Bruxelles, den
         Geschehen zu Brüssel am
         Brüssel,
         Έγινε στις Βρυξέλλες, στις
         Done at Brussels,
         Fait à Bruxelles, le
         Fatto a Bruxelles, addì
         Briselē,
         Priimta Briuselyje
         Kelt Brüsszelben,
         Magħmula fi Brussell,
         Gedaan te Brussel,
         Sporządzono w Brukseli dnia
         Feito em Bruxelas,
         Încheiat la Bruxelles,
         V Bruseli
         V Bruslju,
         Tehty Brysselissä
         Utfärdat i Bryssel den
         
            
         
            
         
            За Арабска република Египет
            Por la República Arabe de Egipto
            Za Egyptskou arabskou republiku
            For Den Arabiske Republik Egypten
            Für die Arabische Republik Ägypten
            Egiptuse Araabia Vabariigi nimel
            Για την Αραβική Δημοκρατία της Αιγύπτου
            For the Arab Republic of Egypt
            Pour la République arabe d'Égypte
            Per la Repubblica araba d'Egitto
            Eğiptes Arābu Republikas vārdā
            Egipto Arabų Respublikos vardu
            Az Egyiptomi Arab Köztársaság részéről
            Għar-Repubblika Għarbija tal-Eġittu
            Voor de Arabische Republiek Egypte
            W imieniu Arabskiej Republiki Egiptu
            Pela República Árabe do Egipto
            Pentru Republica Arabă Egipt
            Za Egyptskú arabskú republiku
            Za Arabsko republiko Egipt
            Egyptin arabitasavallan puolesta
            På Arabrepubliken Egyptens vägnar
            
               
            
               
         
      
      
          
      
      
         (1)  OJ L 304, 30.9.2004, p. 39.
      
         (2)  OJ L 299, 16.11.2007, p. 1.
      
         (3)  CN code corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).
      
         (4)  CN codes corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).
      
         (5)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ‘ex’ CN codes are indicated, the preferential scheme is to be determined by the application of the CN codes and corresponding description taken together.
      
         (6)  CN codes corresponding to Regulation (EC) No 1214/2007 (OJ L 286, 31.10.2007, p. 1).
      
         (7)  Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ‘ex’ CN codes are indicated, the preferential scheme is to be determined by the application of the CN codes and corresponding description taken together.
      
         (8)  EA: agricultural component as referred to in Regulation (EEC) No 3448/93, as amended.
      
         (9)  Egyptian codes corresponding to the Egyptian Customs Tariff, published on 5 February 2007.
      
         (10)  Notwithstanding the rules for the interpretation of the Harmonised System (HS) or of the Egyptian tariff nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value.
      
         (11)  Egyptian codes corresponding to the Egyptian Customs Tariff, published on 5 February 2007.
      
         (12)  Notwithstanding the rules for the interpretation of the Harmonised System (HS) or of the Egyptian tariff nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value.
      
         (13)  OJ L 304, 30.9.2004, p. 39.