CELEX: 51990PC0242
Language: en
Date: 1990-06-08
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE PROTOCOL OF ACCESSION OF TUNISIA TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE

No C 187/30                            Official Journal of the European Communities                               27. 7. 90
                                          DRAFT LEGISLATIVE RESOLUTION
          embodying the opinion of the European Parliament on the proposal from the Commission to the
          Council for a Regulation amending Regulation (EEC) No 1056/72 on notifying the Commission of
          investment projects of interest to the Community in the petroleum, natural gas and electricity
                                                            sectors
           The European Parliament,
          — Having regard to the proposal from the Commission to the Council,
          — Having been consulted by the Council pursuant to Article 213 of the EEC Treaty (Document
               C3-155/89),
          — Having regard to the report of the Committee on Energy, Research and Technology and the
               opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the
               Committee on Legal Affairs and Citizens' Rights (Document A3-44/90),
          1.   Approves the Commission proposal subject to Parliament's amendments and in accordance with
               the vote thereon;
          2.   Calls on the Council to notify Parliament should it intend to depart from the text approved by the
               Parliament;
          3.   Asks to be consulted again should the Council intend to make substantial modifications to the
               Commission's proposal;
          4.   Instructs its President to forward this opinion to the Council and Commission.
          Proposal for a Council Decision concerning the conclusion of the Protocol for the Accession of Tunisia
                                      to the General Agreement on Tariffs and Trade
                                                     COM(90) 242 final
                                     (Submitted by the Commission on 15 June 1990)
                                                       (90/C 187/06)
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European Economic Community, and in particular
          Article 113 thereof,
          Whereas Tunisia entered into negotiations with the European Economic Community and the other
          Contracting Parties to the General Agreement on Tariffs and Trade with a view to its accession to the
          General Agreement;
          Whereas the results of these negotiations are acceptable to the Community,
          HAS DECIDED AS FOLLOWS:
                                                           Article 1
          The Protocol of Accession of Tunisia to the General Agreement on Tariffs and Trade is hereby
          approved on behalf of the European Economic Community. The text of the Protocol is attached to
          this Decision.
 ---pagebreak--- 27. 7. 90                              Official Journal of the European Communities                              No C 187/31
                                                           Article 2
          The President of the Council is hereby authorized to designate the person empowered to sign the
          Protocol in order to bind the Community.
          PROTOCOL FOR THE ACCESSION OF TUNISIA T O THE GENERAL AGREEMENT ON
                                                   TARIFFS AND TRADE
          The governments which are Contracting Parties to the General Agreement on Tariffs and Trade
          (hereinafter referred to as 'Contracting Parties' and 'the General Agreement', respectively), the
          European Economic Community and the Government of Tunisia (hereinafter referred to as
          'Tunisia'),
          HAVING REGARD to the results of the negotiations directed towards the accession of Tunisia to the
          General Agreement,
          HAVE through their representatives agreed as follows:
                                                            PARTI
                                                           General
            1. Tunisia shall, upon entry into force of this Protocol pursuant to paragraph 6, become a
               Contracting Party to the General Agreement, as defined in Article XXXII thereof, and shall
               apply to Contracting Parties provisionally and subject to this Protocol:
               (a) Parts I, III and IV of the General Agreement; and
               (b) Part II of the General Agreement to the fullest extent not inconsistent with its legislation
                      existing on the date of this Protocol.
               The obligations incorporated in paragraph 1 of Article I by reference to Article III and those
               incorporated in paragraph 2 (b) of Article II by reference to Article VI of the General Agreement
               shall be considered as falling within Part II for the purpose of this paragraph.
           2. (a) The provisions of the General Agreement to be applied to contracting Parties by Tunisia
                     shall, except as otherwise provided in this Protocol, be the provisions contained in the text
                     annexed to the Final Act of the second session of the Preparatory Committee of the United
                     Nations Conference on Trade and Employment, as rectified, amended or otherwise
                     modified by such instruments as may have become effective on the day on which Tunisia
                     becomes a Contracting Party.
               (b) In each case in which paragraph 6 of Article V, subparagraph 4 (d) of Article VII, and
                     subparagraph 3 (c) of Article X of the General Agreement refer to the date of that
                     Agreement, the applicable date in respect of Tunisia shall be the date of this Protocol.
 ---pagebreak--- No C 187/32                            Official Journal of the European Communities                                 27. 7. 90
                                                            PART II
                                                           Schedule
            3. The schedule in the Annex shall, upon the entry into force of this Protocol, become a Schedule to
                the General Agreement relating to Tunisia.
            4. (a) In each case in which paragraph 1 of Article II of the General Agreement refers to the date of
                      the Agreement, the applicable date in respect of each product which is the subject of a
                      concession provided for in the Schedule annexed to this Protocol shall be the date of this
                      Protocol.
                b)    For the purpose of the reference in paragraph 6 (a) of Article II of the General Agreement to
                      the date of that Agreement, the applicable date in respect of the Schedule annexed to this
                      Protocol shall be the date of this Protocol.
                                                           PART III
                                                       Final provisions
            5. This Protocol shall be deposited with the Director-General to the Contracting Parties. It shall be
                open for signature by Tunisia until 30 March 1990. It shall also be open for signature by
                Contracting Parties and by the European Economic Community.
            6. This Protocol shall enter into force on the 30th day following the day upon which it shall have
                been signed by Tunisia.
            7. Tunisia having become a Contracting Party to the General Agreement pursuant to paragraph 1
                of the Protocol, may accede to the General Agreement under the applicable terms of this Protocol
                by the deposit of an instrument of accession with the Director-General. Such accession shall take
                effect on the day on which the General Agreement enters into force pursuant to Article XXVI or
                on the 30th day following the day of the deposit of the instrument of accession, whichever is the
                later. Accession to the General Agreement pursuant to this paragraph shall, for the purposes of
                paragraph 2 of Article XXXII of that Agreement, be regarded as acceptance of that Agreement
                pursuant to paragraph 4 of Article XXVI thereof.
            8. Tunisia may withdraw its provisional application of the General Agreement prior to its accession
                thereto pursuant to paragraph 7 and such withdrawal shall take effect on the 60th day following
                the day on which written notice thereof is received by the Director-General.
            9. The Director-General shall promptly furnish a certified copy of this Protocol and a notification
                of each signature thereto, pursuant to paragraph 5, to each Contracting Party, to the European
                Economic Community, to Tunisia and to each government which shall have acceded
                provisionally to the General Agreement.
           10. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter
                of the United Nations.
           Done at Geneva this twelfth day of March, one thousand nine hundred and ninety in a single copy, in
          the English, French and Spanish languages, except as otherwise specified with respect to the Schedule
           annexed hereto, each text being authentic.
                                                           ANNEX
                                               SCHEDULE LXXXIII — TUNISIA
                               (The schedule may be consulted in the GATT Secretariat in Geneva)