CELEX: 22011A1210(01)
Language: en
Date: 2011-04-13 00:00:00
Title: Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other

10.12.2011          EN                            Official Journal of the European Union                                     L 328/5
                                                               AGREEMENT
           in the form of an Exchange of Letters between the European Union, of the one part, and the
           Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further
           liberalisation of agricultural products, processed agricultural products and fish and fishery products
           and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation
           between the European Community, of the one part, and the Palestine Liberation Organization (PLO)
             for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other
                                                    A. Letter from the European Union
           Sir,
           I have the honour of referring to the negotiations which took place in accordance with the spirit of 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 7,
           12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between
           the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit
           of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to as ‘Palestinian
           Authority’), of the other part (hereinafter referred to as the ‘Interim Association Agreement’), in force since
           1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish
           greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.
           A. The Parties have agreed on the following temporary amendment to the Interim Association Agreement:
                1. Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an
                   Exchange of Letters, subject to the provisions of point C thereof.
           B. The Parties have also agreed on the following permanent amendments to the Interim Association
                Agreement:
                1. Article 4 shall be replaced by the following:
                   ‘The provisions of this Chapter shall apply to products originating in the European Union and in the
                   West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined
                   Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in
                   Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall
                   continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and glucose
                   syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex 1702 30 50
                   and ex 1702 30 90.’.
                2. The title of Chapter 2 shall be replaced by the following:
                   ‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND FISHERY
                   PRODUCTS’.
                3. Article 11 shall be replaced by the following:
                   ‘The provisions of this Chapter shall apply to products originating in the European Union and in the
                   West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of
                   the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on
                   Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of
                   glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN
                   codes ex 1702 30 50 and ex 1702 30 90, for which duty free market access was already granted
                   within Chapter 1.’.
                4. Article 12 shall be replaced by the following:
                   ‘The European Union and the Palestinian Authority shall progressively establish greater liberalisation
                   of their trade in agricultural products, processed agricultural products and fish and fishery products of
                   interest to both Parties.’.
 ---pagebreak--- L 328/6     EN                            Official Journal of the European Union                                      10.12.2011
        5. Article 13 shall be replaced by the following:
           ‘1.     Agricultural products, processed agricultural products and fish and fishery products originating
           in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union
           shall be subject to the arrangements set out in that Protocol.
           2.     Agricultural products, processed agricultural products and fish and fishery products originating
           in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip
           shall be subject to the arrangements set out in that Protocol.’.
        6. Article 23bis shall be added:
           ‘Temporary Withdrawal of Preferences
           1.     The Parties agree that administrative cooperation and assistance are essential for the implemen­
           tation and the control of the preferential treatment granted under this Agreement and underline their
           commitment to combat irregularities and fraud in customs and related matters.
           2.     Where a Party has made a finding, on the basis of objective information, of a failure to provide
           administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party
           concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in
           accordance with this Article.
           3.     For the purpose of this Article a failure to provide administrative cooperation/assistance shall
           mean, inter alia:
           (a) a repeated failure to respect the obligations to verify the originating status of the product(s)
                concerned;
           (b) a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent
                verification of the proof of origin;
           (c) a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to
                determine the authenticity of documents or accuracy of information relevant to the granting
                of the preferential treatment in question.
           4.     For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where
           there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual
           level of production and export capacity of the other Party that is linked to objective information
           concerning irregularities or fraud.
           5.     The application of a temporary suspension shall be subject to the following conditions:
           (a) The Party which has made a finding, on the basis of objective information, of a failure to provide
                administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay
                notify the Joint Committee of its finding together with the objective information and enter into
                consultations within the Joint Committee, on the basis of all relevant information and objective
                findings, with a view to reaching a solution acceptable to both Parties.
           (b) Where the Parties have entered into consultations within the Joint Committee and have failed to
                agree on an acceptable solution within 3 months following the notification, the Party concerned
                may temporarily suspend the relevant preferential treatment of the product(s) concerned. A
                temporary suspension shall be notified to the Joint Committee without undue delay.
 ---pagebreak--- 10.12.2011         EN                            Official Journal of the European Union                                     L 328/7
                  (c) Temporary suspensions under this Article shall be limited to that necessary to protect the
                      financial interests of the Party concerned. They shall not exceed a period of 6 months, which
                      may be renewed if at the date of expiry nothing has changed with respect to the conditions that
                      gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint
                      Committee, in particular with a view to their termination as soon as the conditions for their
                      application no longer apply.
                  Each Party shall publish according to its internal procedures, in the case of the European Union in the
                  Official Journal of the European Union, notices to importers concerning any: notification referred to in
                  paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in
                  paragraph 5 (c).’.
               7. Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement in the
                  form of an Exchange of Letters.
               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 Interim
                  Association Agreement.
           C. The Parties have agreed on the following additional provisions:
               1. (a) The temporary amendments provided for under point A shall apply for a period of 10 years from
                      the entry into force of this Agreement in the form of an Exchange of Letters. However, depending
                      on the future economic development of the West Bank and Gaza Strip, a possible extension for
                      an additional period of those amendments could be considered by the Joint Committee. Such a
                      decision shall be taken by the Joint Committee at the latest 1 year before the expiration of the 10
                      years period as provided by this Agreement in the form of an Exchange of Letters.
                  (b) The European Union and the Palestinian Authority shall meet 5 years from the date of entry into
                      force of this Agreement in the form of an Exchange of Letters, to consider the possibility of
                      granting each other further permanent concessions of trade in agricultural products, processed
                      agricultural products and fish and fishery products with the objective laid down in Article 12 of
                      the Interim Association Agreement.
                  (c) The starting point for future reciprocal negotiations will be the consolidated concessions of the
                      Interim Association Agreement, which are listed in Annexes II and IV of this Agreement in the
                      form of an Exchange of Letters.
                  (d) It is understood that the trade conditions to be granted by the European Union as a result of
                      these future negotiations may be less favourable than those granted under the this Agreement in
                      the form of an Exchange of Letters.
               2. Article 7(1) of the Interim Association Agreement shall not apply pending the application of the
                  temporary amendments provided for under point A of this Agreement in the form of an Exchange of
                  Letters.
           This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third
           month following the date of the deposit of the last instrument of approval.
           I have the honour to confirm that the European Union is in agreement with the content of this letter.
           I would be grateful if you could confirm the agreement of your Government to the above.
           Please accept, Sir, the assurance of my highest consideration.
 ---pagebreak--- L 328/8          EN                 Official Journal of the European Union 10.12.2011
        Съставено в Брюксел на
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        V Bruselu dne
        Udfærdiget i Bruxelles, den
        Geschehen zu Brüssel am
        Brüssel,
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        Done at Brussels,
        Fait à Bruxelles, le
        Fatto a Bruxelles, addì
        Briselē,
        Priimta Briuselyje,
        Kelt Brüsszelben,
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        Feito em Bruxelas,
        Întocmit la Bruxelles,
        V Bruseli
        V Bruslju,
        Tehty Brysselissä
        Utfärdat i Bryssel den
        За Европейския съюз
        Por la Unión Europea
        Za Evropskou unii
        For Den Europæiske Union
        Für die Europäische Union
        Euroopa Liidu nimel
        Гια την Ευρωπαϊκή Ένωση
        For the European Union
        Pour l’Union européenne
        Per l’Unione europea
        Eiropas Savienības vārdā –
        Europos Sąjungos vardu
        Az Európai Unió részéről
        Għall-Unjoni Ewropea
        Voor de Europese Unie
        W imieniu Unii Europejskiej
        Pela União Europeia
        Pentru Uniunea Europeană
        Za Európsku úniu
        Za Evropsko unijo
        Euroopan unionin puolesta
        För Europeiska unionen
 ---pagebreak--- 10.12.2011           EN                             Official Journal of the European Union                                              L 328/9
                                                                     ANNEX I
                                                                  PROTOCOL 1
           concerning the provisional arrangements applicable to imports into the European Union of agricultural
           products, processed agricultural products and fish and fishery products originating in the West Bank and the
                                                                    Gaza Strip
           1. Customs duties and charges having equivalent effect (including their agricultural component), which are applicable on
               the import into the European Union of products originating in the West Bank and the Gaza Strip and listed in
               chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those
               listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN
               code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of
               CN codes ex 1702 30 50 and ex 1702 30 90 covered by Chapter 1, shall be temporarily eliminated in accordance
               with the provisions of point C.1(a) of the Agreement in the form of Exchange of Letters between the European Union
               and the Palestinian Authority providing further liberalisation of agricultural products, processed agricultural products
               and fish and fishery products and amending this Agreement, signed in 2011.
           2. Notwithstanding the conditions under point 1 of this Protocol, for the products to which an entry price applies in
               accordance with Article 140a of Council Regulation (EC) No 1234/2007 (1), 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.
           ___________
           (1) OJ L 299, 16.11.2007, p. 1.
                                                                     ANNEX II
                                                                  PROTOCOL 2
           on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products,
                    processed agricultural products and fish and fishery products originating in the European Union
           1. The products listed in the Annexes originating in the European Union shall be admitted for importation into the West
               Bank and the Gaza Strip according to the conditions contained herein and in the Annexes.
           2. Import duties on imports are either eliminated or reduced to the level indicated in column ‘a’, within the limit of the
               annual tariff quota listed in column ‘b’, and subject to the specific provisions indicated in column ‘c’.
           3. For the quantities imported in excess of the tariff quotas, the general customs duties applied to third countries shall
               apply, subject to the specific provisions indicated in column ‘c’.
           4. For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a
               pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this
               Protocol.
 ---pagebreak--- L 328/10        EN                        Official Journal of the European Union                                          10.12.2011
                                                  ANNEX 1 TO PROTOCOL 2
                                                                                      Tariff quota
             CN Code                   Description                     Duty (%)  (t, unless otherwise Specific provisions
                                                                                       indicated)
                                                                          a                 b                  c
         0102 90 71  Live bovine animals, of a weight exceeding           0               300
                     300 kg, for slaughter, ther than heifers and
                     cows
         0202 30 90  Meat of bovine animals, boneless excluding           0               200
                     fore-quarters, ‘compensated’ quarters, crop,
                     chuck and blade and brisket cuts, frozen
         0206 22 00  Edible livers of bovine animals frozen               0               100
         0406        Cheese and curd                                      0               200
         0407 00 19  Poultry eggs for hatching, other than those          0       120 000 pieces
                     of turkeys or geese
         1101 00 15  Flour of common wheat and spelt                      0             13 000
         2309 90 99  Other preparations of a kind used in animal          2               100
                     feeding
 ---pagebreak--- 10.12.2011         EN                            Official Journal of the European Union                                              L 328/11
                                                       ANNEX 2 TO PROTOCOL 2
           PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION
                                                              AGREEMENT
                CN code                                                    Description
              1902            Pasta and couscous:
                           A  — of durum wheat,
                           B  — other,
              1905 10         Crisp bread
              1905 20 90      Gingerbread and the like, not especially for diabetics:
                           A  — containing over 15 % by weight of flour from cereals other than wheat in relation to the total
                                  flour content,
                           B  — other,
           ex 1905 32 A       Waffles and wafers
                          Al  — not filled, whether or not coated,
                         Ala  — containing over 15 % by weight of flour from cereals other than wheat in relation to the total
                                  flour content,
                         Alb  — other,
                         A2   — other,
                        A2a   — containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins,
                        A2b   — other,
              1905 40 10      Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or
                              similar:
                           A  — containing over 15 % by weight of flour from cereals other than wheat in relation to the total
                                  flour content,
                           B  — other,
              1905            Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit,
           ex 31) B + ex 90)  cocoa or similar:
                           Bl — containing added eggs, not less than 2,5 % by weight,
                          B2  — containing added dried fruits or nuts:
                        B2a   — containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V,
                        B2b   — other,
                          ВЗ  — containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits
                                  or nuts,
 ---pagebreak--- L 328/12          EN                               Official Journal of the European Union                                               10.12.2011
                                                                   ANNEX III
                                                         COMMON DECLARATION
          COOPERATION 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 relevant Sub-committees and to the Joint 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 and with WTO, OIE, IPPC and
         Codex Alimentarius standards.
                                                                   ANNEX IV
         A: CONSOLIDATED LIST OF CONCESSIONS APPLIED TO IMPORTS INTO THE EUROPEAN UNION OF
         AGRICULTURAL PRODUCTS AND FISHERY PRODUCTS ORIGINATING IN THE WEST BANK AND THE
         GAZA STRIP BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE
                                                                 OF LETTERS
         1. The products listed in the Annex, originating in the West Bank and the Gaza Strip shall be admitted for importation
            into the European Union, according to the conditions contained hereafter and in the Annex.
            (a) Customs duties are eliminated or reduced as indicated in column ‘a’.
            (b) For certain products, for which the Common Customs Tariff provides the application of an ad valorem duty and a
                specific duty, the rates of reduction, indicated in columns ‘a’ and ‘c’, only apply to the ad valorem duty. However,
                for the product corresponding to the subheading 1509 10, the duty reduction applies to the specific duty.
            (c) For certain products, customs duties are eliminated within the limit of the tariff quotas listed in column ‘b’ for each
                of them; the tariff quotas shall apply on an annual basis from 1 January to 31 December, unless otherwise
                specified.
            (d) For the quantities imported in excess of the quotas, the common customs duties are, according to the product
                concerned, applied in full or reduced, as indicated in column ‘c’.
         2. For certain products, the exemption of customs duties is granted in the framework of reference quantities as indicated
            in column ‘d’.
            Should the volume of imports of one of these products exceed the reference quantity, the European Union, having
            regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a tariff
            quota of the Union, the volume of which shall be equal to the reference quantity. In that case, for quantities imported
            in excess of the quota, the common customs duty is, according to the product concerned, applied in full or reduced as
            indicated in column ‘c’.
         3. For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a
            pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this
            Protocol.
         4. For some products listed in the Annex, the volume of the tariff quota is increased twice, on the basis of the volume
            indicated in column ‘e’. The first increase takes place on the date when each tariff quota is opened for the second time.
 ---pagebreak--- 10.12.2011        EN                             Official Journal of the European Union                                            L 328/13
                                                                                                Reduction
                                                                                                  of the
                                                                          Reduction                MFN
                                                                                       Tariff               Reference
                                                                            of the               customs
                                                                                       quota                 quantity
                                                                             MFN                   duty                  Specific
                                                                                    (t, unless              (t, unless
                                                                           customs               beyond                provisions
              CN Code (1)                  Description (2)                          otherwise               otherwise
                                                                             duty               current or
                                                                                    indicated)              indicated)
                                                                            (%) (3)              possible
                                                                                               tariff quota
                                                                                                  (%) (3)
                                                                              a          b           c           d          e
              0409 00 00  Natural honey                                      100       500           0                 point 4 —
                                                                                                                          yearly
                                                                                                                       increase of
                                                                                                                          250 t
              0603 11 00  Cut flowers and flower buds, fresh, of a           100      2 000          0                 point 4 —
              0603 12 00  kind suitable for bouquets or for orna­                                                         yearly
              0603 13 00  mental purposes                                                                              increase of
              0603 14 00                                                                                                  250 t
              0603 19 10
              0603 19 90
              0702 00 00  Tomatoes, fresh or chilled,          from     1    100                    60        2 000
                          December to 31 March
              0703 10 11  Onions, fresh or chilled, from 15 February         100                    60
              0703 10 19  to 15 May
              0709 30 00  Aubergines (eggplants), fresh or chilled,          100                    60        3 000
                          from 15 January to 30 April
           ex 0709 60     Fruits of the genus Capsicum or of the
                          genus Pimenta, fresh or chilled:
              0709 60 10  Sweet peppers                                      100                    40        1 000
              0709 60 99  Other                                              100                    80
              0709 90 70  Courgettes, fresh or chilled, from 1               100                    60         300
                          December to end of February
           ex 0709 90 90  Wild onions of the species Muscari                 100                    60
                          comosum, fresh or chilled, from 15
                          February to 15 May
              0710 80 59  Fruits of the genus Capsicum or Pimenta,           100                    80
                          other than sweet peppers, uncooked or
                          cooked by steaming or boiling in water,
                          frozen
              0711 90 10  Fruits of the genus Capsicum or Pimenta,           100                    80
                          other than sweet peppers, provisionally
                          preserved but unsuitable in that state for
                          immediate consumption
              0712 31 00  Mushrooms, wood ears (Auri-cularia spp.),          100       500           0
              0712 32 00  jelly fungi (Tremella spp.) and truffles, dried
              0712 33 00
              0712 39 00
           ex 0805 10     Oranges, fresh                                     100                    60       25 000
 ---pagebreak--- L 328/14           EN                                   Official Journal of the European Union                                                     10.12.2011
                                                                                                             Reduction
                                                                                                               of the
                                                                                   Reduction                    MFN
                                                                                                    Tariff               Reference
                                                                                     of the                   customs
                                                                                                    quota                 quantity
                                                                                      MFN                       duty                   Specific
                                                                                                 (t, unless              (t, unless
                                                                                    customs                   beyond                 provisions
             CN Code (1)                          Description (2)                               otherwise                otherwise
                                                                                      duty                   current or
                                                                                                indicated)               indicated)
                                                                                     (%) (3)                  possible
                                                                                                            tariff quota
                                                                                                               (%) (3)
                                                                                       a              b           c           d           e
         ex 0805 20            Mandarins (including tangerines               and      100                        60         500
                               satsumas); clementines, wilkings              and
                               similar citrus hybrids, fresh
             0805 40 00        Grapefruit                                             100                        80
         ex 0805 50 10         Lemons (Citrus limon, Citrus limonum), fresh           100                        40         800
             0806 10 10        Fresh table grapes, from 1 February to 14              100          1 000          0                 point 4 —
                               July                                                                                                     yearly
                                                                                                                                     increase of
                                                                                                                                        500 t
             0807 19 00        Melons (excluding water melons), fresh,                100                        50       10 000
                               from 1 November to 31 May
             0810 10 00        Fresh strawberries, from 1 November to 31              100          2 000          0                 point 4 —
                               March                                                                                                    yearly
                                                                                                                                     increase of
                                                                                                                                        500 t
             0812 90 20        Oranges, provisionally preserved, but                  100                        80
                               unsuitable in that state for immediate
                               consumption
             0904 20 30        Fruits of the genus Capscium or of the                 100                        80
                               genus Pimenta, other than sweet peppers,
                               dried, neither crushed or ground
             1509 10           Virgin olive oil                                       100          2 000          0                 point 4 —
                                                                                                                                        yearly
                                                                                                                                     increase of
                                                                                                                                        500 t
             2001 90 20        Fruits of the genus Capsicum, other than               100                        80
                               sweet peppers or pimentos, prepared or
                               preserved by vinegar or acetic acid
             2005 99 10        Fruits of the genus Capsicum, other than               100                        80
                               sweet peppers or pimentos, prepared or
                               preserved otherwise than by vinegar or
                               acetic acid, not frozen
         (1) CN codes corresponding to Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009, p. 1).
         (2) Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be
             indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex
             CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken
             together.
         (3) Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10, the
             duty reduction applies to the specific duty.
 ---pagebreak--- 10.12.2011         EN                     Official Journal of the European Union                                               L 328/15
           B: CONSOLIDATED LIST OF CONCESSIONS APPLYING TO IMPORTS INTO THE EUROPEAN UNION OF
           PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE WEST BANK AND THE GAZA STRIP
           REFERRED TO IN ARTICLE 7(1) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT
           BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
                     CN code                                             Description
              0403              Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk
                                and cream, whether or not concentrated or containing added sugar or other sweetening
                                matter or flavoured or containing added fruit, nuts or cocoa:
              0403 10 51 to     Yoghurt, flavoured or containing added fruit, nuts or cocoa
              0403 10 99
              0403 90 71 to     Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and
              0403 90 99        cream, flavoured or containing added fruit, nuts or cocoa
              0710 40 00        Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen
              0711 90 30        Sweetcorn provisionally preserved (for example, by sulphur dioxide gas, in brine, in
                                sulphur water or in other preservative solutions), but unsuitable in that state for
                                immediate consumption
           ex 1517              Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of
                                fractions of different fats or oils of this Chapter, other than edible fats or oils or their
                                fractions of No 1516:
              1517 10 10        Margarine, excluding liquid margarine, containing more than 10 % but not more than
                                15 % by weight of milk fats
              1517 90 10        Other, containing more than 10 % but not more than 15 % by weight of milk fats
           ex 1704              Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice
                                extract containing more than 10 % by weight of sucrose but not containing other added
                                substances, falling within CN code 1704 90 10
              1806              Chocolate and other food preparations containing cocoa
           ex 1901              Malt extract; 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, excluding preparations falling
                                within CN code 1901 90 91
           ex 1902              Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30;
                                couscous, whether or not prepared
              1903              Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls,
                                siftings or similar forms
              1904              Prepared foods obtained by the swelling or roasting of cereals or cereal products (for
                                example cornflakes); cereals (other than maize (corn)) in grain form or in the form of
                                flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise
                                prepared, not elsewhere specified or included
 ---pagebreak--- L 328/16         EN                  Official Journal of the European Union                                             10.12.2011
                   CN code                                         Description
            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
            2001 90 30     Sweetcorn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid
            2001 90 40     Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight
                           of starch, prepared or preserved by vinegar or acetic acid
            2004 10 91     Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by
                           vinegar or acetic acid, frozen
            2004 90 10     Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or
                           acetic acid, frozen
            2005 20 10     Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by
                           vinegar or acetic acid, not frozen
            2005 80 00     Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or
                           acetic acid, not frozen
            1904 20 10     Preparation of the Müsli type based on unroasted cereal flakes
            2008 99 85     Maize (corn), other than sweetcorn (Zea mays var. saccharata) otherwise prepared or
                           preserved, not containing added spirit or added sugar
            2008 99 91     Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight
                           of starch, otherwise prepared or preserved, not containing added spirit or added sugar
            2101 12 98     Preparations with a basis of coffee
            2101 20 98     Preparations with a basis of tea or mate
            2101 30 19     Roasted coffee substitutes excluding roasted chicory
            2101 30 99     Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted
                           chicory
            2102 10 31     Bakers’ yeasts
            2102 10 39
         ex 2103 90 90     Sauces and preparations therefor:
                           — Mayonnaise
            2105 00        Ice cream and other edible ice, whether or not containing cocoa
         ex 2106           Food preparations not elsewhere specified or included other than those falling within CN
                           codes 2106 10 20 and 2106 90 92 and other than flavoured or coloured sugar syrups of
                           CN codes 2106 90 30 to 2106 90 59
            2202 90 91     Non-alcoholic beverages, not including fruit or vegetable juices of heading 2009,
            2202 90 95     containing products of headings 0401 to 0404 or fat obtained from products of
            2202 90 99     headings 0401 to 0404
 ---pagebreak--- 10.12.2011        EN                  Official Journal of the European Union                                                 L 328/17
                    CN code                                             Description
              2905 43 00    Mannitol
              2905 44       D-Glucitol (sorbitol)
           ex 3505 10       Dextrins and other modified starches, excluding esterified and etherified starches of CN
                            code 3505 10 50
              3505 20       Glues based on starches or on dextrins or other modified starches
              3809 10       Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other
                            products and preparations (for example, dressings and mordants), of a kind used in the
                            textile, paper, leather or like industries, not elsewhere specified or included, with a basis of
                            amylaceous substances
              3824 60       Sorbitol other than that of subheading 2905 44
 ---pagebreak--- L 328/18         EN                           Official Journal of the European Union                                      10.12.2011
                                               B. Letter from the Palestinian Authority
         Sir/Madam,
         I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:
              ‘I have the honour of referring to the negotiations which took place in accordance with the spirit of
              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
              7, 12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation
              between the European Community, of the one part, and the Palestine Liberation Organization (PLO)
              for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to
              as ‘Palestinian Authority’), of the other part (hereinafter referred to as the ‘Interim Association
              Agreement’), in force since 1 July 1997, which states that the Community and the Palestinian
              Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural
              products of interest to both Parties.
              A. The Parties have agreed on the following temporary amendments to the Interim Association
                  Agreement:
                  1. Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an
                     Exchange of Letters, subject to the provisions of point C thereof.
              B. The Parties have also agreed on the following permanent amendments to the Interim Association
                  Agreement:
                  1. Article 4 shall be replaced by the following:
                     ‘The provisions of this Chapter shall apply to products originating in the European Union and in
                     the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined
                     Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in
                     Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall
                     continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and
                     glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes
                     ex 1702 30 50 and ex 1702 30 90.’.
                  2. The title of Chapter 2 shall be replaced by the following:
                     ‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS AND FISH AND
                     FISHERY PRODUCTS’.
                  3. Article 11 shall be replaced by the following:
                     ‘The provisions of this Chapter shall apply to products originating in the European Union and in
                     the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature
                     (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of
                     the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN
                     code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more
                     by weight of glucose of CN codes ex 1702 30 50 and ex 1702 30 90, for which duty free
                     market access was already granted within Chapter 1.’.
                  4. Article 12 shall be replaced by the following:
                     ‘The European Union and the Palestinian Authority shall progressively establish greater liberali­
                     sation of their trade in agricultural products, processed agricultural products and fish and fishery
                     products of interest to both Parties.’.
 ---pagebreak--- 10.12.2011 EN                           Official Journal of the European Union                                      L 328/19
            5. Article 13 shall be replaced by the following:
               ‘1.    Agricultural products, processed agricultural products and fish and fishery products orig­
               inating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the
               European Union shall be subject to the arrangements set out in that Protocol.
               2.    Agricultural products, processed agricultural products and fish and fishery products orig­
               inating in the European Union listed in Protocol 2, on importation into the West Bank and the
               Gaza Strip shall be subject to the arrangements set out in that Protocol.’.
            6. Article 23bis shall be added:
               ‘Temporary Withdrawal of Preferences
               1.    The Parties agree that administrative cooperation and assistance are essential for the
               implementation and the control of the preferential treatment granted under this Agreement
               and underline their commitment to combat irregularities and fraud in customs and related
               matters.
               2.    Where a Party has made a finding, on the basis of objective information, of a failure to
               provide administrative cooperation/assistance and/or of irregularities or fraud under this
               Agreement, the Party concerned may temporarily suspend the relevant preferential treatment
               of the product(s) concerned in accordance with this Article.
               3.    For the purpose of this Article a failure to provide administrative cooperation/assistance
               shall mean, inter alia:
               (a) a repeated failure to respect the obligations to verify the originating status of the product(s)
                   concerned;
               (b) a repeated refusal or undue delay in carrying out and/or communicating the results of
                   subsequent verification of the proof of origin;
               (c) a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to
                   determine the authenticity of documents or accuracy of information relevant to the granting
                   of the preferential treatment in question.
               4.    For the purpose of this Article a finding of irregularities or fraud may be made, inter alia,
               where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding
               the usual level of production and export capacity of the other Party that is linked to objective
               information concerning irregularities or fraud.
               5.    The application of a temporary suspension shall be subject to the following conditions:
               (a) The Party which has made a finding, on the basis of objective information, of a failure to
                   provide administrative cooperation/assistance and/or of irregularities or fraud shall without
                   undue delay notify the Joint Committee of its finding together with the objective
                   information and enter into consultations within the Joint Committee, on the basis of all
                   relevant information and objective findings, with a view to reaching a solution acceptable to
                   both Parties.
 ---pagebreak--- L 328/20         EN                           Official Journal of the European Union                                      10.12.2011
                     (b) Where the Parties have entered into consultations within the Joint Committee and have
                         failed to agree on an acceptable solution within 3 months following the notification, the
                         Party concerned may temporarily suspend the relevant preferential treatment of the
                         product(s) concerned. A temporary suspension shall be notified to the Joint Committee
                         without undue delay.
                     (c) Temporary suspensions under this Article shall be limited to that necessary to protect the
                         financial interests of the Party concerned. They shall not exceed a period of 6 months, which
                         may be renewed if at the date of expiry nothing has changed with respect to the conditions
                         that gave rise to the initial suspension. They shall be subject to periodic consultations within
                         the Joint Committee, in particular with a view to their termination as soon as the conditions
                         for their application no longer apply.
                     Each Party shall publish according to its internal procedures, in the case of the European Union
                     in the Official Journal of the European Union, notices to importers concerning any: notification
                     referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or
                     termination referred to in paragraph 5 (c).’.
                  7. Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement
                     in the form of an Exchange of Letters.
                  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 Interim Association Agreement.
              C. The Parties have agreed on the following additional provisions:
                  1. (a) The temporary amendments provided for under point A shall apply for a period of 10 years
                         from the entry into force of this Agreement in the form of an Exchange of Letters. However,
                         depending on the future economic development of the West Bank and Gaza Strip, a possible
                         extension for an additional period of those amendments could be considered by the Joint
                         Committee. Such a decision shall be taken by the Joint Committee at the latest 1 year before
                         the expiration of the 10 years period as provided by this Agreement in the form of an
                         Exchange of Letters.
                     (b) The European Union and the Palestinian Authority shall meet 5 years from the date of entry
                         into force of this Agreement in the form of an Exchange of Letters, to consider the
                         possibility of granting each other further permanent concessions of trade in agricultural
                         products, processed agricultural products and fish and fishery products with the objective
                         laid down in Article 12 of the Interim Association Agreement.
                     (c) The starting point for future reciprocal negotiations will be the consolidated concessions of
                         the Interim Association Agreement, which are listed in Annexes II and IV of this Agreement
                         in the form of an Exchange of Letters.
                     (d) It is understood that the trade conditions to be granted by the European Union as a result of
                         these future negotiations may be less favourable than those granted under the this
                         Agreement in the form of an Exchange of Letters.
                  2. Article 7(1) of the Interim Association Agreement shall not apply pending the application of the
                     temporary amendments provided for under point A of this Agreement in the form of an
                     Exchange of Letters.
         This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third
         month following the date of the deposit of the last instrument of approval.’.
         I have the honour to confirm that the Palestinian Authority is in agreement with the content of your letter.
         Please accept, Sir/Madam, the assurance of my highest consideration.
 ---pagebreak--- 10.12.2011          EN                       Official Journal of the European Union L 328/21
           Done at Brussels,
           Съставено в Брюксел на
           Hecho en Bruselas, el
           V Bruselu dne
           Udfærdiget i Bruxelles, den
           Geschehen zu Brüssel am
           Brüssel,
           Έγινε στις Βρυξέλλες, στις
           Fait à Bruxelles, le
           Fatto a Bruxelles, addì
           Briselē,
           Priimta Briuselyje,
           Kelt Brüsszelben,
           Magħmul fi Brussell,
           Gedaan te Brussel,
           Sporządzono w Brukseli dnia
           Feito em Bruxelas,
           Întocmit la Bruxelles,
           V Bruseli
           V Bruslju,
           Tehty Brysselissä
           Utfärdat i Bryssel den
           For the Palestinian Authority
           За Палестинската администрация
           Por la Autoridad Palestina
           Za palestinskou samosprávu
           For Den Palæstinensiske Myndighed
           Für die Palästinensische Behörde
           Palestiina omavalitsuse nimel
           Για την Παλαιστινιακή Αρχή
           Pour l'Autorité palestinienne
           Per l'Autorità palestinese
           Palestīniešu pašpārvaldes vārdā –
           Palestinos Administracijos vardu
           A Palesztin Hatóság részéről
           Għall-Awtorità Palestinjana
           Voor de Palestijnse Autoriteit
           W imieniu Autonomii Palestyńskiej
           Pela Autoridade Palestiniana
           Pentru Autoritatea Palestiniană
           V mene Palestínskej samosprávy
           Za Palestinsko upravo
           Palestiinalaishallinnon puolesta
           För den palestinska myndigheten