CELEX: 21973A1003(01)
Language: en
Date: 1973-06-30 00:00:00
Title: Interim Agreement between the European Economic Community and Turkey consequent on the Accession of new Member States to the Community - Final Act - Joint Declarations

Avis juridique important

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21973A1003(01)

Interim Agreement between the European Economic Community and Turkey consequent on the Accession of new Member States to the Community - Final Act - Joint Declarations  

Official Journal L 277 , 03/10/1973 P. 0002 - 0023

INTERIM AGREEMENT  between the European Economic Community and Turkey consequent on the Accession of new Member States to the Community  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  of the one part,  and  THE GOVERNMENT OF THE REPUBLIC OF TURKEY,  of the other part,  Whereas the adjustments to the Agreement establishing an Association between the European Economic Community and Turkey, hereinafter called the "Association Agreement", including those to the Additional Protocol and the Financial Protocol, which are necessary consequent on the Accession to the Community of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, hereinafter called the "new Member States", were laid down in a Supplementary Protocol signed at Ankara on 30 June 1973;  Whereas, pending the entry into force of this latter Protocol, certain of its provisions relating to trade should be put into force as soon as possible by means of an interim agreement;  HAVE DECIDED to conclude this Agreement and to this end have designed as their Plenipotentiaries:  THE COUNCIL OF THE EUROPEAN COMMUNITIES  Mr Renaat VAN ELSLANDE, President of the Council of the European Communities;  Sir Christopher SOAMES, Vice-President of the Commission of the European Communities;  THE GOVERNMENT OF THE REPUBLIC OF TURKEY  Mr Ümit Halûk BAYÜLKEN, Minister for Foreign Affairs;  WHO, having exchanged their Full Powers, found in good and due form,  HAVE AGREED AS FOLLOWS:    Article 1 The provisions of the Association Agreement as well as those of Title I, of Chapter I, Chapter II Article 50 (2), and Chapter III of Title III, of Articles 58, 59 and 60 of Title IV and Annexes 1 to 6 of the Additional Protocol, together with the declarations, annexed to the Final Act signed on 23 November 1970, relating to the said provisions of the Additional Protocol, shall, in so far as they relate to trade, apply to the new Member States and Turkey, save as otherwise provided in Articles 2 to 10 of this Agreement.   Article 2 1. The reductions in customs duties and charges having equivalent effect which are provided for pursuant to the Association Agreement shall be applicable in the new Member States, in accordance with the percentages and timetable laid down, upon the entry into force of this Agreement. The rates resulting from application of these reductions as regards Annex 2 and Annex 6 of the Additional Protocol may, however, in no case, be lower than those applied by the new Member States to the Community as originally constituted.   2. Notwithstanding paragraph 1, customs duties equal to the duties applied to Member States other than the United Kingdom may be applied by Ireland in respect of the products listed in Annex I in relation to Turkey until 31 December 1975.  3. The rates of the reductions which the new Member States shall, in accordance with paragraph 1, apply to Turkey, shall be those which they apply at any given moment to non-Member States.  4. Notwithstanding the preceding paragraphs, should the application of these provisions temporarily result in tariff movements away from alignment on the final duty, the new Member States may maintain their duties until the level of those duties has been reached within the framework of alignment on a final duty, or they may apply the duty resulting from a subsequent alignment as soon as this alignment reaches or passes the said level.   Article 3 The new Member States shall align their customs duties of a fiscal nature or the fiscal element of these duties, relating to the products listed in Annex II, on the duties provided for pursuant to the Association Agreement by applying to Turkey the same treatment as that applied to other Member States.  Article 2 shall apply to the protective element of these duties.   Article 4 1. Turkey shall, as regards the new Member States, reduce the difference between the customs duties and charges having equivalent effect which it applies to third countries and those which it applies under the Association Agreement to the Community as originally constituted by instalments of 20 %.  The first two alignments shall be carried out at the time of the entry into force of this Agreement, and on 1 January 1974, respectively.  Should this Agreement be extended pursuant to Article 13 thereof, in that event subsequent alignments shall take effect on 1 January 1975, 1 January 1976 and 1 July 1977.  2. In the event of any change in the timetable or in the rate of reduction laid down for the abolition of the customs duties and charges having equivalent effect applied by the new Member States to the Community as originally constituted, the Association Council shall take the measures necessary to take account of such a change.  3. The Association Council may adopt suitable measures to ensure that the reductions to be applied by Turkey to the new Member States coincide with the deadlines provided for pursuant to the Additional Protocol.   Article 5 The preferential treatment provided for in the Additional Protocol shall also apply to goods obtained in Turkey using products from one of the original Member States or from a new Member State that were not in free circulation in Turkey.  The application of such preferential treatment to the said goods in a new Member State or in one of the original Member States may, however, be subject to the imposition in Turkey of a compensatory levy as long as the duties and charges having equivalent effect applied in respect of trade between the Member States and Turkey are different from those applied in respect of trade between the original Member States and the new Member States.  Article 3 of the Additional Protocol shall be applicable.   Article 6 The annual tariff quotas laid down in the Sole Article (1) of Annex I and in Article 1 (2) of Annex II of the Additional Protocol shall be increased to:  Refined petroleum products (headings and subheadings Nos 27.10, 27.11, 27.12, ex 27.13 B, 27.14 C of the Common Customs Tariff):  340 000 metric tons.  Cotton yarn, not put up for retail sale (heading No 55.05 of the Common Customs Tariff):  390 metric tons, allocated as follows:    - Community as originally constituted : 300 metric tons,       - Denmark : 40 metric tons,       - Ireland : 10 metric tons,       - United Kingdom : 40 metric tons.          Other woven fabrics of cotton (heading No 55.09 of the Common Customs Tariff):  1 390 metric tons, allocated as follows:    - Community as originally constituted : 1 000 metric tons,       - Denmark : 20 metric tons,       - Ireland : 10 metric tons,       - United Kingdom : 360 metric tons.          Article 7 1. The import arrangements applied by Ireland in respect of products listed in Annex III shall be eliminated with regard to Turkey in accordance with procedures to be determined by the Association Council.  2. Until 31 December 1974 imports into the United Kingdom from Turkey of the products listed in Annex IV may be limited to the following annual quotas:    - 1973 quota : 306 metric tons,       - 1974 quota : 368 metric tons.          Article 8 For the purposes of Article 12, Article 22 (5) and Article 25 of the Additional Protocol, the level of imports to be taken into consideration from the Community shall, when being calculated, include, among imports from the Community in its original composition, Turkish imports from the new Member States during the period under consideration.   Article 9 1. The minimum price referred to in Article 4 (3) of Annex 6 to the Additional Protocol shall, in the new Member States, be calculated by reference to the incidence of the duties Member States apply at any given moment with regard to third countries.  However, in 1973 Article 4 of the said Annex shall not apply to trade between the new Member States and Turkey.  2. The levies and variable and fixed components referred to in Annex 6 to the Additional Protocol shall, in the new Member States, be calculated by reference to the rates Member States apply at any given moment with regard to third countries.   Article 10 The successive examinations provided for in Article 35 (3) of the Additional Protocol shall be brought forward by one year.   Article 11 1. This Agreement shall apply to the European territories of the Kingdom of Belgium, of the Kingdom of Denmark, of the Federal Republic of Germany, of the French Republic, of Ireland, of the Italian Republic, of the Grand Duchy of Luxembourg, of the Kingdom of the Netherlands and of the United Kingdom of Great Britain and Northern Ireland and to the European territories in respect of which a Member State assumes responsibility for external affairs, in accordance with the conditions laid down by the Treaty establishing the European Economic Community, on the one hand, and to the territory of the Republic of Turkey, on the other.  2. This Agreement shall also apply to the French Overseas Departments in so far as concerns those of the fields covered by it which correspond to those listed in the first subparagraph of Article 227 (2) of the Treaty establishing the European Economic Community.  The conditions for applying to those territories the provisions of this Agreement relating to other fields shall be decided at a later date by agreement between the Contracting Parties.   Article 12 Annexes I to IV shall form an integral part of this Agreement.   Article 13 This Agreement shall enter into force on the first day of the month following the day on which the Contracting Parties notify each other that the procedures necessary to this end have been completed.  It shall be applicable until the entry into force of the Supplementary Protocol or until 31 December 1974, whichever is the earlier.  From that date it shall be tacitly extended for periods of one year, unless one of the Contracting Parties expresses its disagreement one month before its expiry date, provided however that it shall cease to be applicable from the time of entry into force of the Supplementary Protocol.   Article 14 This Agreement is drawn up in two parts in the Danish, Dutch, English, French, German, Italian and Turkish languages, each of these texts being authentic.      Til bekræftelse af dette har de undertegnede befuldmægtigede sat deres underskrifter under denne midlertidige aftale.  Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Interimsabkommen gesetzt.  In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Interim Agreement.  En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord intérimaire.  In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente Accordo interinale.  Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Interimsakkoord hebben gesteld.  Bunun belgesi olarak, asagida adlari yazili tam yetkili temsilciler bu Geçici Anlasmanin altina imzalarini atmislardir.  Udfærdiget i Ankara, den tredvte juni nitten hundrede og treoghalvfjerds.  Geschehen zu Ankara am dreißigsten Juni neunzehnhundertdreiundsiebzig.  Done at Ankara on this thirtieth day of June, one thousand nine hundred and seventy-three.  Fait à Ankara, le trente juin mil neuf cent soixante-treize.  Fatto a Ankara, addì trenta giugno millenovecentosettantatré.  Gedaan te Ankara, de dertigste juni negentienhonderd drieënzeventig.  Ankara'da, otuz haziran bin dokuz yüz yetmis üç gününde yapilmistir.   For Rådet for De europæiske Fællesskaber,  Im Namen des Rates der Europäischen Gemeinschaften,  For the Council of the European Communities,  Pour le Conseil des Communautés européennes,  Per il Consiglio delle Comunità europee,  Voor de Raad der Europese Gemeenschappen, >PIC FILE= "T0005394">       ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 2 (2) >PIC FILE= "T0005395">   >PIC FILE= "T0005396">    >PIC FILE= "T0005397">    >PIC FILE= "T0005398">    >PIC FILE= "T0005399">     ANNEX II LIST OF PRODUCTS REFERRED TO IN ARTICLE 3  1. Products in respect of which the United Kingdom applies customs duties of a fiscal nature >PIC FILE= "T0005400">   >PIC FILE= "T0005401">    >PIC FILE= "T0005402">     2. Products in respect of which Ireland applies customs duties of a fiscal nature  >PIC FILE= "T0005403">   >PIC FILE= "T0005404">    >PIC FILE= "T0005405">    >PIC FILE= "T0005406">    >PIC FILE= "T0005407">    >PIC FILE= "T0005408">    >PIC FILE= "T0005409">     ANNEX III LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 (1) >PIC FILE= "T0005410">    ANNEX IV LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 (2) >PIC FILE= "T0005411">     FINAL ACT  The Plenipotentiaries  OF THE COUNCIL OF THE EUROPEAN COMMUNITIES,  of the one part,  and  OF THE GOVERNMENT OF THE REPUBLIC OF TURKEY,  of the other part,  meeting at Ankara, on the thirtieth day of June, one thousand nine hundred and seventy-three, on the occasion of the signing of the Interim Agreement between the European Economic Community and Turkey consequent on the accession of new Member States to the Community,  have adopted the following Joint Declarations of the contracting parties relating to the Interim Agreement:    1. Joint Declaration on Article 10,       2. Joint Declaration on the application of Article 2 (1),       3. Joint Declaration on the transitional measures provided for in Article 7 (2).         These Declarations are annexed to this Final Act.  The Plenipotentiaries have agreed that the Declarations hereto annexed shall, in so far as is necessary, be subjected to such internal procedures as may be necessary to ensure their validity.   Til bekræftelse af dette har de undertegnede befuldmætigede sat deres underskrifter under denne slutakt.  Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.  In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Final Act.  En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.  In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente Atto finale.  Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.  Bunun belgesi olarak, asagida adlari yazili tam yetkili temsilciler bu Son Senedin altina imzalarini atmislardir.  Udfærdiget i Ankara, den tredvte juni nitten hundrede og treoghalvfjerds.  Geschehen zu Ankara am dreißigsten Juni neunzehnhundertdreiundsiebzig.  Done at Ankara on this thirtieth day of June, one thousand nine hundred and seventy-three.  Fait à Ankara, le trente juin mil neuf cent soixante-treize.  Fatto a Ankara, addì trenta giugno millenovecentosettantatré.  Gedaan te Ankara, de dertigste juni negentienhonderd drieënzeventig.  Ankara'da, otuz haziran bin dokuz yüz yetmis üç gününde yapilmistir.   For Rådet for De europæiske Fællesskaber,  Im Namen des Rates der Europäischen Gemeinschaften,  For the Council of the European Communities,  Pour le Conseil des Communautés européennes,  Per il Consiglio delle Comunità europee,  Voor de Raad der Europese Gemeenschappen, >PIC FILE= "T0005412">      Joint Declaration on Article 10  The Contracting Parties agree that, at the time of the first review provided for in Article 10 of this Agreement, account will be taken of the particular objectives and merits of the Association Agreement, on the one hand, and of the characteristics of Turkey's trade with the new Member States, on the other.    Joint Declaration on the application of Article 2 (1)  The Contracting Parties agree that, subject to the effect to be given by the Community to Article 39 (5) of the Act annexed to the Treaty of Accession, as regards the specific duties or the specific part of the mixed duties of the customs tariffs of Ireland and of the United Kingdom, Article 2 (1) shall be applied by rounding to the fourth place of decimals.    Joint Declaration on the transitional measures provided for in Article 7 (2)  At the end of 1974 the Association Council will examine the effect on the development of Turkish exports of the transitional measures provided for in Article 7 (2).   ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 2 (2) >PIC FILE= "T0005395">   >PIC FILE= "T0005396">    >PIC FILE= "T0005397">    >PIC FILE= "T0005398">    >PIC FILE= "T0005399">     ANNEX II LIST OF PRODUCTS REFERRED TO IN ARTICLE 3  1. Products in respect of which the United Kingdom applies customs duties of a fiscal nature >PIC FILE= "T0005400">   >PIC FILE= "T0005401">    >PIC FILE= "T0005402">     2. Products in respect of which Ireland applies customs duties of a fiscal nature  >PIC FILE= "T0005403">   >PIC FILE= "T0005404">    >PIC FILE= "T0005405">    >PIC FILE= "T0005406">    >PIC FILE= "T0005407">    >PIC FILE= "T0005408">    >PIC FILE= "T0005409">     ANNEX III LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 (1) >PIC FILE= "T0005410">    ANNEX IV LIST OF PRODUCTS REFERRED TO IN ARTICLE 7 (2) >PIC FILE= "T0005411">     FINAL ACT  The Plenipotentiaries  OF THE COUNCIL OF THE EUROPEAN COMMUNITIES,  of the one part,  and  OF THE GOVERNMENT OF THE REPUBLIC OF TURKEY,  of the other part,  meeting at Ankara, on the thirtieth day of June, one thousand nine hundred and seventy-three, on the occasion of the signing of the Interim Agreement between the European Economic Community and Turkey consequent on the accession of new Member States to the Community,  have adopted the following Joint Declarations of the contracting parties relating to the Interim Agreement:    1. Joint Declaration on Article 10,       2. Joint Declaration on the application of Article 2 (1),       3. Joint Declaration on the transitional measures provided for in Article 7 (2).         These Declarations are annexed to this Final Act.  The Plenipotentiaries have agreed that the Declarations hereto annexed shall, in so far as is necessary, be subjected to such internal procedures as may be necessary to ensure their validity.   Til bekræftelse af dette har de undertegnede befuldmætigede sat deres underskrifter under denne slutakt.  Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.  In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Final Act.  En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent acte final.  In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente Atto finale.  Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slotakte hebben gesteld.  Bunun belgesi olarak, asagida adlari yazili tam yetkili temsilciler bu Son Senedin altina imzalarini atmislardir.  Udfærdiget i Ankara, den tredvte juni nitten hundrede og treoghalvfjerds.  Geschehen zu Ankara am dreißigsten Juni neunzehnhundertdreiundsiebzig.  Done at Ankara on this thirtieth day of June, one thousand nine hundred and seventy-three.  Fait à Ankara, le trente juin mil neuf cent soixante-treize.  Fatto a Ankara, addì trenta giugno millenovecentosettantatré.  Gedaan te Ankara, de dertigste juni negentienhonderd drieënzeventig.  Ankara'da, otuz haziran bin dokuz yüz yetmis üç gününde yapilmistir.   For Rådet for De europæiske Fællesskaber,  Im Namen des Rates der Europäischen Gemeinschaften,  For the Council of the European Communities,  Pour le Conseil des Communautés européennes,  Per il Consiglio delle Comunità europee,  Voor de Raad der Europese Gemeenschappen, >PIC FILE= "T0005412">      Joint Declaration on Article 10  The Contracting Parties agree that, at the time of the first review provided for in Article 10 of this Agreement, account will be taken of the particular objectives and merits of the Association Agreement, on the one hand, and of the characteristics of Turkey's trade with the new Member States, on the other.    Joint Declaration on the application of Article 2 (1)  The Contracting Parties agree that, subject to the effect to be given by the Community to Article 39 (5) of the Act annexed to the Treaty of Accession, as regards the specific duties or the specific part of the mixed duties of the customs tariffs of Ireland and of the United Kingdom, Article 2 (1) shall be applied by rounding to the fourth place of decimals.    Joint Declaration on the transitional measures provided for in Article 7 (2)  At the end of 1974 the Association Council will examine the effect on the development of Turkish exports of the transitional measures provided for in Article 7 (2).