CELEX: 51987PC0007(01)
Language: en
Date: 1987-01-14 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF AN ADDITIONAL PROTOCOL TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARAB REPUBLIC OF EGYPT

21.4.87                               Official Journal of the European Communities                                     No C 104/1
                                                              II
                                                     (Preparatory    Acts)
                                                COMMISSION
             Recommendation for a Council Decision on the conclusion of an Additional Protocol to the
             Cooperation Agreement between the European Economic Community and the Arab Republic
                                                          of Egypt
                                                      COM(87) 7 final
                            Submitted   by the Commission    to the Council on 14 January 1987
                                                        (87/C 104/01)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Arab Republic of Egypt is hereby approved on behalf
                                                                  of the Community. The text of the Protocol is attached
Having regard to the Treaty establishing the European             to this Decision (2).
Economic Community, and in particular Article 238
thereof,
Having regard to the recommendation from the Com-
mission,
                                                                                              Article 2
Having regard to the opinion of the European Parlia-
ment,
                                                                  The President of the Council shall give the notification
Whereas it is necessary to approve an Additional Proto-           provided for in Article 8 of the Protocol.
col to the Cooperation Agreement between the Euro-
pean Economic Community and the Arab Republic of
Egypt ('), signed in Brussels on 18 January 1977,
HAS DECIDED AS FOLLOWS:
                                                                                              Article 3
                          Article 1
                                                                  This Decision shall take effect on the day following its
The Additional Protocol to the Cooperation Agreement              publication in the Official Journal of the European
between the European Economic Community and the                   Communities.
                                                                  (2) The date of entry into force of the Protocol will be published
                                                                      in the Official Journal of the European Communities by the
(') OJ No L 266, 27. 9. 1978, p. 1.                                   General Secretariat of the Council.
 ---pagebreak---   No C 104/2                            Official Journal of the European Communities                                        21. 4. 87
                                                  ADDITIONAL             PROTOCOL
              adapting the Cooperation Agreement between the European Economic Community and the
                                                       Arab Republic of Egypt
              THE EUROPEAN ECONOMIC COMMUNITY,
              of the one part,
              and
              THE ARAB REPUBLIC OF EGYPT,
             of the other part,
             HAVING REGARD TO the Cooperation Agreement between the European Economic Community and the
             Arab Republic of Egypt, signed at Brussels on 18 January 1977, hereinafter referred to as the 'Agreement',
             CONSIDERING that the Community and Egypt wish to strengthen still further their relations in order to
             take account of the new dimension created by the accession to the European Communities of Spain and
             Portugal, on 1 January 1986, and that Article 46 of the Agreement provides for the possibility of improvements
             in its terms;
             CONSIDERING that certain rules should be foreseen to enable the traditional export trade of Egypt with
             the Community to be maintained;
             HAVE ACCORDINGLY DECIDED to conclude a Protocol adapting certain provisions of the Agreement,
             and to this end have designated as their Plenipotentiaries:
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT,
             Who, having exchanged their Full Powers, found in good and due form,
             HAVE AGREED AS FOLLOWS:
                           Article 1                                    munity tariff quotas are indicated in the said Annex
                                                                        shall be eliminated progressively within the limits of
 1.   Customs duties applicable under the Agreement                     such quotas.
 to imports into the Community of products originating                  Once the volume of imports of these products exceeds
 in Egypt covered by the Agreement and listed in Annex                  the quotas, the Community shall apply the customs
 A to this Protocol shall be phased out progressively                   duties prevailing under the Agreement.
over the same periods and at the same rates as provided
in the Act of Accession of Spain and Portugal in respect                4.    For the purposes of eliminating customs duties,
of imports into the Community as constituted on 31                      reference quantities are established in Annex A for
December 1985 of the same products from Spain and                       certain products originating in Egypt.
Portugal. This provision shall be applied in accordance                 Should the volume of imports of one of these products
with the rules hereinafter set out in this Article.                     exceed the reference quantity, the Community, having
                                                                        regard to an annual review of trade flows which it shall
                                                                       carry out, may make the product in question subject to
In the course of this progressive elimination of customs                a Community tariff quota as provided for in
duties and where the level of customs duty in force                    paragraph 3, the volume of which shall be equal to the
for imports into the Community as constituted on 31                     reference quantity.
December 1985 from Spain differs from that for Portu-
gal, products originating in Egypt shall be subject to                 5.     For the products listed in Annex A for which
the higher of the two rates.                                           reference quantities are not therein fixed, the Com-
                                                                       munity may establish a reference quantity as provided
                                                                       for in paragraph 4 if it discovers, in the light of the
                                                                       annual review of trade flows which it shall carry out,
2.    Where the customs duty on a product, listed in                   that the volume of imports threatens to cause difficult-
Annex A, is lower for Egypt than for Spain, Portugal                   ies on the Community market.
or both, elimination of the duty shall commence once
the duty on the same product from both Spain and
Portugal has fallen below that applying to imports                                               Article 2
originating in Egypt.
                                                                       For the products originating in Egypt and listed in
                                                                       Annex B to this Protocol the customs duties applicable
3.    Customs duties on imports of products originating                to imports into the Community are phased out in
in Egypt listed in Annex A in respect of which Com-                    accordance with paragraphs 1, 3 to 5 of Article 1.
 ---pagebreak--- 21. 4. 87                           Official Journal of the European Communities                            No C 104/3
In the event of any of the products in Annex B being           The office of the Chairman of the Committee shall be
made subject to Community tariff quotas, the Com-              held alternately by a representative of the Commission
munity shall apply the Common Customs Tariff to the            of the European Communities and a representative of
volume of imports in excess of such tariff quotas.             Egypt.
                         Article 3                            2.     The Cooperation Council shall determine as soon
                                                               as possible the composition of this Committee and
1.    For 1990 and for each successive marketing year,
                                                               how it shall function, in accordance with Article 40
the Community shall decide, on the basis of the statisti-
                                                              paragraph 2 of the Agreement. It may also decide,
cal review and analysis referred to in paragraph 2
                                                               where appropriate, upon the submission of reports to
below, and taking into account factors relevant to the
                                                              the Council by the Committee.
objective of maintaining traditional trade flows in the
context of enlargement, whether to adjust the entry
price, referred to in Regulation (EEC) No 1035/72,
                                                                                       Article 6
for fresh oranges falling under the Common Customs
Tariff heading number 08.02 ex A originating in Egypt,
within a quantitative limit of 7 000 tonnes.                   The Community and Egypt shall as from 1995 examine
                                                               the results of the cooperation between the Contracting
2.    From 1987 onwards and at the end of each market-        Parties in order to appraise the situation and the future
ing year, the Community shall carry out, on the basis         development of their relations in the light of the objec-
of a statistical review, an analysis of the situation for     tives defined in the Agreement.
oranges originating in Egypt exported to the Com-
munity.
For this same product, from 1989 onwards and for each                                  Article 7
subsequent year, the Community shall draw up together
with Egypt, a forecast of production and deliveries.          This Protocol shall form an integral part of the Cooper-
                                                               ation Agreement between the European Economic
3.    The possible adjustment provided for in para-
                                                               Community and the Arab Republic of Egypt.
graph 1 refers to the sum to be deducted, in respect of
customs duty, from the representative prices recorded
in the Community for the purpose of calculating the
                                                                                       Article 8
entry price of this product, within the limits set out in
Article 152 (2) (c) of the Act of Accession of Spain and
Portugal.                                                      1.    This Protocol shall be ratified, accepted or
                                                               approved by the Contracting Parties in accordance with
                         Article 4                            their own procedures; the Contracting Parties shall
Upon the entry into force of this Protocol, quantitative       notify each other of the completion of the procedures
restrictions shall be removed from imports into the           necessary to that end.
Community of the products originating in Egypt listed
in Annex B of the Agreement and measures having an            2.     This Protocol shall enter into force on the first
effect equivalent to quantitative restrictions on such        day of the month following the said notification.
imports shall be abolished also.
                         Article 5                                                     Article 9
1.    A Trade and Economic Cooperation Committee              This Protocol is drawn up in duplicate in the Arab,
shall be set up for the purpose of improving the oper-        Danish, Dutch, English, French, German, Greek, Ital-
ation of the institutional mechanisms of the Agreement.       ian, Portugese and Spanish languages, each of these
The Committee shall facilitate:                               texts being equally authentic.
— the regular exchange of information on trade and            In witness whereof, the undersigned Plenipotentiaries
    production data and forecasts,                            have hereunto set their hands.
— the regular exchange of information on the possi-
    bilities for cooperation in areas covered by the
    Agreement.                                                Done at Brussels,
                                    For the Council of the        >ean Communities
                                             For the Arab Republic of Egypt
 ---pagebreak--- No C 104/4            Official Journal of the European Communities                                       21. 4. 87
                                             ANNEX A
              CCT                                          Description
           heading No
               03.03   Crustaceans and molluscs, whether in shell or not, fresh (live or dead), chilled,
                       frozen, salted, in brine or dried; crustaceans, in shell, simply boiled in water:
                            A. Crustaceans:
                               ex IV. Shrimps and prawns:
                                   — Fresh or frozen
               07.01   Vegetables, fresh or chilled:
                            A. Potatoes:
                               II. New potatoes:
                                   ex a) From 1 January to 15 May:
                                           — From 1 January to 31 March (')
                            F. Leguminous vegetables, shelled or unshelled:
                               II. Beans (of the species Phaseolus):
                                   ex a) From 1 October to 30 June:
                                           — From 1 November to 30 April (2)
                       ex H. Onions, shallots and garlic:
                               — Onions, from 1 February to 15 May( 3 )
                               — Garlic, from 1 February to 31 May( 4 )
                            M. Tomatoes:
                               ex I.    From 1 November to 14 May.
                                        — From 1 December to 31 March
                        ex S. Sweet peppers:
                               — From 15 November to 30 April
                07.04   Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in
                        powder, but not further prepared:
                        A. Onions C)
                        B. Other:
                            — Garlic (6)
                07.05   Dried leguminous vegetables, shelled, whether or not skinned or split:
                        B. Other (than for sowing)
                08.01   Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, man-
                        goes, guavas and mangosteens, fresh or dried, shelled or not:
                        ex A. Dates:
                                — Dried dates
                            H. Other (Mangoes, mangosteens and guavas)
                08.02   Citrus fruit, fresh or dried:
                        ex A. Oranges:
                                — Fresh (7)
                         ex B. Mandarines (including tangerines and satsumas); Clementines, wilkings
                                and other similar citrus hybrids:
                                — Fresh
                         ex C. Lemons:
                                — Fresh
                             D. Grapefruit
                         ex E. Other:
                                — Limes
 ---pagebreak--- 21. 4. 87                              Official Journal of the European Communities                                       No C 104/5
                      CCT                                                   Description
                   heading N.
                       08.04             Grapes, fresh or dried:
                                         A. Fresh:
                                              I. Table grapes:
                                                 ex a) From 1 November to 14 July
                                                        — From 1 February to 30 June
                    ex 08.09             Other fruit, fresh:
                                         — Watermelons, from 1 April to 15 June
                       09.04             Pepper of the genus 'Piper'; pimento of the genus 'Capsicum' or the genus
                                         'Pimenta'
                       09.09.            Seeds of anise, badian, fennel, coriander, cumin, caraway and juniper
                       12.03             Seeds, fruit and spores, of a kind used for sowing:
                                         E. Other (a)
                   ex 12.08              Chicory roots, fresh or dried, whole or cut, unroasted; Locust beans, fresh or
                                         dried, whether or not kibbled or ground, but not further prepared; fruit kernels
                                         and other vegetable products of a kind used primarily for human food, not
                                         falling within any other heading
                                         — except chicory roots
          (')  Within the limit of a Community tariff quota of 98 000 tonnes.
          (2)  Within the limit of a Community tariff quota of 6 400 tonnes.
          (•*) Within the limit of a Community tariff quota of 10 100 tonnes.
          (4)  Reference quantity  of 1 600 tonnes.
          (5)  Within the limit of a Community tariff quota of 4 900 tonnes.
          (6)  Reference quantity  of 1 000 tonnes.
          (7)  Within the limit of a Community tariff quota of 7 000 tonnes.
          (a)  This concession is  solely for seeds complying with the provisions of the Directives in the marketing of
               seeds and plants.
 ---pagebreak--- No C 104/6                                 Official Journal of the European Communities                                 21. 4. 87
                                                                     ANNEX B
                        CCT                                                          Description
                     heading N.
                          07.01               Vegetables, fresh or chilled:
                                              ex K. Asparagus:
                                                      — From 1 November to end February
                                              ex L. Artichokes:
                                                      — From 1 October to 31 December {l)
                                                 P. Cucumbers and gherkins:
                                                 ex I.    Cucumbers:
                                                              — Small cucumbers (a), from 1 January to end February (J)
                                                 T. Other:
                                                      ex I.    Courgettes:
                                                              — From 1 December to 15 March
                      ex 08.09                Other fruit, fresh:
                                              — Small melons: (b), from 1 January to 31 March (])
           (') Reference quantity of 100 tonnes.
           (a) 'Small cucumbers' are cucumbers of a length not exceeding 15 centimeters.
           (b) 'Small melons' are melons weighing 600 grams or less.
 ---pagebreak--- 21.4. 87                         Official Journal of the European Communities                               No C 104/7
                 Joint Declaration by the Contracting Parties on Articles 1 and 2 of the Protocol
                                          (to be annexed to the Protocol)
         The Contracting Parties agree that should the entry into force of the Protocol not coincide
         with the start of the calendar year or, as the case may be, the seasonal year, the quantitative
         limits referred to in Articles 1 and 2 of the said Protocol shall be applied on a pro rata basis.
         The Contracting Parties further agree that the charging against quantitative limits of Com-
         munity imports of products originating in Egypt and subject to such limits under the Protocol
         shall begin on 1 January of each year, except in respect of oranges falling within heading
         No 08.02 ex A of the Common Customs Tariff, for which the date of 1 July shall apply.
         Joint Declaration by the Contracting Parties concerning new potatoes falling within the
                              Common Customs Tariff heading No 07.01 A II ex a)
                                          (to be annexed to the Protocol)
         To avoid disturbance on the Community market, the Contracting Parties agree to meet
         within an advisory working party to examine the situation on the potato markets (state of
         harvests and supply situation) both in the Community importing countries and in the
         Mediterranean exporting countries. The members of this working party will be designated
         by the Governments of the main exporting and importing countries.
         The working party, chaired by the Commission, would meet at least three times a year and
         in particular before sowing takes place in the exporting countries, and at the time of deliveries.
         These meetings would enable the main potato-exporting countries to be informed both about
         the receiving markets and about competing markets, and their purposes would be to draw
         up indicative export timetables designed to prevent deliveries being concentrated around
         sensitive periods for the Community market.