CELEX: 51987PC0007(02)
Language: en
Date: 1987-01-14 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF THE FOURTH ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE STATE OF ISRAEL

No C 104/8                              Official Journal of the European Communities                                        21. 4. 87
                Recommendation for a Council Decision on the conclusion of the Fourth Additional Protocol
                   to the Agreement between the European Economic Community and the State of Israel
                                                        COM(87) 7 final
                              Submitted  by the Commission    to the Council on 14 January 1987
                                                         (87/C 104/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           State of Israel is hereby approved on behalf of the
                                                                   Community. The text of the Protocol is attached to this
Having regard to the Treaty establishing the European              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 the Fourth                      provided for in Article 8 of the Protocol (2).
Additional Protocol to the Agreement between the
European Economic Community and the State of Isra-
e l ^ ) , signed in Brussels on 11 May 1975,
HAS DECIDED AS FOLLOWS:                                                                         Article 3
                            Article 1
                                                                   This Decision shall take effect on the day following its
The Fourth Additional Protocol to the 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 265, 27. 9. 1978.                                          General Secretariat of the Council.
 ---pagebreak--- 21. 4. 87                              Official Journal of the European Communities                                       No C 104/9
                                                   ADDITIONAL P R O T O C O L
            adapting the Agreement between the European Economic Community and the State of Israel
            THE EUROPEAN ECONOMIC COMMUNITY,
            of the one part,
            and
            THE STATE OF ISRAEL,
            of the other part,
            HAVING REGARD to the Agreement between the European Economic Community and the State of Israel
            signed at Brussels on 11 May 1975, hereinafter referred to as the 'Agreement', and to the Additional Protocol
            signed at Brussels on 8 February 1977,
            WHEREAS the Community and Israel 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; whereas Article 22 of the Agreement provides for the possibility of improvements in its
            terms;
            WHEREAS certain rules should be laid down to enable Israel's traditional export trade to the Community
            to be maintained,
            HAVE 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 STATE OF ISRAEL,
            Who having exchanged their Full Powers, found in good and due form,
            HAVE AGREED AS FOLLOWS:
                          Article 1                                    4.     Customs duties on imports of products listed in
                                                                       Annex A and originating in Israel in respect of which
1.    Customs duties applicable under the Agreement                    Community tariff quotas are indicated in the said
to imports into the Community of products listed in                    Annex shall be dismantled within the limits of such
Annex A to this Protocol and originating in Israel shall               quotas.
be dismantled over the same periods and at the same                    Once the volume of imports of such products exceeds
rates as provided in the Act of Accession of Spain and                 the quotas, the Community shall apply the customs
Portugal in respect of imports into the Community as                   duties resulting from the Agreement.
constituted on 31 December 1985 of the same products
originating in Spain or Portugal. This provision shall                 5.     For the purposes of dismantling customs duties
be applied in accordance with the rules hereinafter set                for certain products listed in Annex A and originating
out in this Article.                                                   in Israel, the reference quantities indicated in the said
                                                                       Annex are hereby established.
                                                                       Should the volume of imports of one of these products
In the course of such dismantling, where the level of                  exceed the reference quantity, the Community, having
customs duties applied to imports into the Community                   regard to an annual review of trade flows which it shall
as constituted on 31 December 1985 originating in                      carry out, may make the product in question subject to
Spain differs from that applied to imports originating in              a Community tariff quota as provided for in
Portugal, products originating in Israel shall be subject              paragraph 4, the volume of which shall be equal to the
to the higher of the two rates.                                        reference quantity.
                                                                       6.     Should the Community discover, in the light of
                                                                       an annual review of trade flows which it shall carry
2.    Where the customs duty on a product listed in                    out, that the volume of imports of a product or products
Annex A is lower for Israel than for Spain, Portugal or                listed in Annex A, other than those referred to in
both, elimination of the duty shall commence once the                  paragraphs 4 and 5, threatens to cause difficulties on
duty on that product from both Spain and Portugal has                  the Community market, it may establish a reference
fallen below that applied to imports originating in                    quantity as provided for in paragraph 5.
Israel.
                                                                                                   Article 2
3.    The provisions of paragraphs 1 and 2 shall apply                  1.    Customs duties on imports into the Community
within the limits and in accordance with the special                   of products listed in Annex B to this Protocol and
conditions concerning tariff reductions laid down in                   originating in Israel shall be dismantled in the same
Articles 9 and 10 of Protocol 1 to the Agreement.                      way as indicated in Article 1 (1), (4), (5) and (6).
 ---pagebreak---  No C 104/10                            Official Journal of the European Communities                                21. 4. 87
 However, once the volume of imports of such products
                                                                            CCT
 exceeds the Community tariff quotas, within the mean-                   heading No
                                                                                                        Description
 ing of Article 1(4), the Community shall apply the
 customs duties of the Common Customs Tariff.
                                                                          ex 02.01        Meat of bovine animals, other than
                                                                                          frozen
 2.     Elimination of customs duties for cut flowers and                 ex 04.02        Milk powder
 flower buds, fresh, falling within subheading 06.03 A
 of the Common Customs Tariff, shall be subject to
 certain conditions agreed by exchange of letters.
                                                                                              Article 5
                                                                    1.    A Trade and Economic Cooperation Committee
                          Article 3                                 shall be set up for the purpose of improving the oper-
                                                                    ation of the institutional mechanisms of the Agreement.
 1.     For 1990 and for each successive marketing year,           The Committee shall facilitate:
 the Community shall decide, on the basis of the statisti-
 cal review and analysis referred to in paragraph 2                — the regular exchange of information on trade and
 below, and taking into account factors relevant to the                 production data and forecasts,
 objective of maintaining traditional trade flows in the
                                                                   — the regular exchange of information on the oppor-
 context of enlargement, whether to adjust the entry
                                                                        tunities for cooperation in areas covered by the
 price, referred to in Regulation (EEC) No 1035/72, for
                                                                        Agreement.
 the following products originating in Israel within the
 quantitative limits set out below:
                                                                   The Committee shall be chaired alternately by a rep-
                                                                   resentative of the Commission of the European Com-
          CCT                                       Quantity       munities and a representative of Israel.
       heading No          Description
                                                   (in tonnes)
                                                                   2.     The Cooperation Council shall decide as soon as
     08.02 ex A        Oranges                  293 000 tonnes     possible on the composition of this Committee and how
     08.02 ex B        Small citrus fruits       14 200 tonnes     it shall function, in accordance with Article 12 (2) of
     08.02 ex C        Lemons                     6 400 tonnes     the Additional Protocol to the Agreement signed on
                                                                   8 February 1977. It may also decide, where appropriate,
                                                                   that the Committee should submit a report.
 2.     From 1987 onwards and at the end of each market-
 ing year, the Community shall carry out, on the basis
 of a statistical review, an analysis of the situation for                                   Article 6
 the said products originating in Israel and exported to
 the Community.                                                    From 1995 onwards the Community and Israel shall
                                                                  examine the results of cooperation between the Con-
                                                                  tracting Parties in order to appraise the situation and
For these same products, from 1989 onwards and for
                                                                  the future development of their relations in the light of
each subsequent year, the Community shall draw up,
                                                                  the objectives defined in the Agreement.
together with Israel, a forecast of production and deliv-
eries.
                                                                                             Article 7
3.      The possible adjustment provided for in
paragraph 1 refers to the sum to be deducted, in respect
of customs duty, from the representative prices recorded          This Protocol shall form an integral part of the Agree-
in the Community for the purpose of calculating the               ment between the European Economic Community and
entry price of each of these products, within the limits          the State of Israel.
set out in Article 152 (2) (c) of the Act of Accession of
Spain and Portugal.
                                                                                             Article 8
                                                                  1.     This Protocol shall be ratified, accepted or
                         Article 4
                                                                  approved by the Contracting Parties in accordance with
                                                                  their own procedures; the Contracting Parties shall
Customs duties on imports into Israel of the products             notify each other of the completion of the procedures
listed below and originating in the Community shall be            necessary to that end.
dismantled between 1 January 1990 and 31 December
1995. The necessary arrangements shall be agreed by              2.      This Protocol shall enter into force on the first
exchange of letters before 1 January 1990.                       day of the month following such notification.
 ---pagebreak--- 21. 4. 87                         Official Journal of the European Communities                      No C 104/11
                        Article 9                            In witness whereof, the undersigned Plenipotentiaries
                                                             have hereunto set their hands.
This Protocol shall be drawn up in duplicate in the
Danish, Dutch, English, French, German, Greek, Portu-
guese, Spanish and Hebrew languages, each of these
texts being equally authentic.                               Done at Brussels
                                  For the Council of the European      Communities
                                               For the State of Israel
 ---pagebreak--- No C 104/12            Official Journal of the European Communities                                          21. 4. 87
                                               ANNEX A
               CCT                                          Description
            heading No
                07.01    Vegetables, fresh or chilled:
                             G. Carrots, turnips, salad beetroot, salsify, celerias, radishes and similar
                                 edible roots:
                                 ex II. Carrots and turnips:
                                         — Carrots, from 1 January to 31 March (!)
                         ex H. Onions, shallots and garlic:
                                 — Onions, from 15 February to 15 May( 2 )
                             S. Sweet peppers (3)
                         ex T. Other:
                                 — Aubergines, from 15 January to 30 April (4)
                                 — Sticks of celery, from 1 January to 30 April (5)
                                 — Courgettes, from 1 December to the end of February
                08.01    Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, man-
                         goes, guavas and mangosteens, fresh or dried, shelled or not:
                         D. Avocados (6)
                         H. Other
                08.02    Citrus fruit, fresh or dried:
                         ex A. Oranges:
                                 — Fresh (7)
                         ex B. Mandarins, including tangerines and satsumas; Clementines, wilkings or
                                 other similar citrus hybrids:
                                 — Fresh (8)
                         ex C. Lemons:
                                 — Fresh (9)
                             D. Grapefruit
                08.08    Berries, fresh:
                         A. Strawberries:
                             ex II. from 1 August to 30 April:
                                     — from 1 November to 31 March (10)
             ex 08.09    Other fruit, fresh:
                         — Melons, from 1 November to 31 M a y ( n )
                         — Water melons, from 1 April to 15 June( 12 )
                 08.10   Fruit (whether or not cooked), preserved by freezing, not containing added
                         sugar:
                         ex B. Other:
                                 — Grapefruit segments
                 08.11   Fruit 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 B. Oranges:
                                 — Finely ground (13)
                         ex E. Other:
                                 — Citrus fruits, finely ground (14)
                 09.04    Pepper of the genus Piper; pimento of the genus Capsicum or the genus Pimenta:
                          A. Neither crushed nor ground:
                             II. Pimento:
                                  ex c) Other:
                                          — from 15 November to 30 April
                          B. Crushed or ground
 ---pagebreak--- 21. 4. 87            Official Journal of the European Communities                                   No C 104/13.
             CCT
          heading No                                     Description
               13.03   Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-
                       agar and other mucilages and thickeners, derived from vegetable products:
                       ex B. Pectic substances, pectinates and pectates
                               — Pectic substances and pectinates
               20.02   Vegetables prepared or preserved otherwise than by vinegar or acetic acid:
                       ex C. Tomatoes:
                               — Peeled tomatoes (,5)
                               — Tomato concentrate (16)
                       ex H. Other, including mixtures:
                               — Celeriac, other than in mixtures
                               — Cabbages, other than in mixtures
                               — Gumbos, other than in mixtures
               20.06
                       Fruit otherwise prepared or preserved, whether or not containing added sugar
                       or spirit:
                       B. Other:
                           II. Not containing added spirit:
                               a) Containing added sugar, in immediate packings of a net capacity of
                                  more than 1 kg:
                                      2. Grapefruit segments (17)
                                  ex 3. Mandarins (including tangerines and satsumas); Clementines,
                                         wilkings and other similar citrus hybrids;
                                         — Finely ground
                                      7. Peaches and apricots:
                                         ex aa) With a sugar content exceeding 13 % by weight:
                                                   — Apricots
                                         ex bb) Other:
                                                   — Apricots
                                  ex 8. Other fruits:
                                         — Grapefruit
                                         — Oranges and lemons, finely ground
                                  ex 9. Mixtures of fruit:
                                         — Fruit salad (18)
                               b) Not containing added sugar, in immediate packings of a net capacity
                                  of 1 kg or less:
                                      2. Grapefruit segments (17)
                                  ex 3. Mandarins (including tangerines and satsumas); Clementines,
                                          wilkings and other similar citrus hybrids:
                                         — Finely ground
                                  ex 8. Other fruits:
                                          — Grapefruit (19)
                                          — Oranges and lemons, finely ground (,9)
                                  ex 9. Mixtures of fruits:
                                          — Fruit salad (18)
                               c) Not containing added sugar, in immediate packings of a net capacity:
                                   1. Of 4,5 kg or more:
                                          ex aa) Apricots:
                                                   — Apricot halves
                                                   — Apricot pulp( 20 )
                                          ex dd) Other fruits:
                                                   — Grapefruit segments (21)
                                                   — Grapefruit (21)
                                                   — Citrus pulp (21)
                                                   — Citrus fruit, finely ground (21)
 ---pagebreak--- No C 104/14                              Official Journal of the European Communities                                          21. 4. 87
                        CCT
                    heading No                                                   Description
                     ex 20.07               Fruit juices (including grape must) and vegetables juices, whether or not contain-
                                            ing added sugar, but unfermented and not containing spirit:
                                            A. Of a density exceeding 1,33 g/cm 3 at + 15° C:
                                                III. Other:
                                                     ex a) Of a value exceeding 30 ECU per 100 kg net weight:
                                                            — Orange juice (22)
                                                            — Grapefruit juice (23)
                                                     ex b) Other:
                                                            — Orange juice (22)
                                                            — Grapefruit juice (23)
                                                            — Other citrus fruit juices
                                           B. Of a density of 1,33 g/cm 3 or less at + 15° C:
                                                II. Other:
                                                     a) Of a value exceeding 30 ECU per 100 kg net weight:
                                                        1. Orange juice (22)
                                                        2. Grapefruit juice (23)
                                                        ex 3. Lemon juice and other citrus fruit juices:
                                                            — Other citrus fruit juices, excluding lemon juice
                                                        5. Tomato juice (24)
                                                    b) Of a value of 30 ECU or less per 100 kg net weight:
                                                        1. Orange juice (22)
                                                        6. Tomato juice (24)
                Within the limit of a Community tariff quota of 3 100 tonnes.
           (2   Within the limit of a Community tariff quota of 11 200 tonnes.
           (3   Within the limit of a Community tariff quota of 7 400 tonnes.
           (4   Reference quantity 1 200 tonnes.
           (5   Within the limit of a Community tariff quota of 10 800 tonnes.
           (6   Reference quantity 31 000 tonnes.
           (7   Within the limit of a Community tariff quota of 293 000 tonnes.
           (8   Within the limit of a Community tariff quota of 14 200 tonnes.
           (9:  Within the limit of a Community tariff quota of 6 400 tonnes.
          (10 Within the limit of a Community tariff quota of 2 200 tonnes.
         <": Within the limit of a Community tariff quota of 9 500 tonnes.
         ( 12 : Within the limit of a Community tariff quota of 7 800 tonnes.
         (13 Within the limit of a Community tariff quota of 5 900 tonnes.
         (14 Reference quantity 1 100 tonnes.
         ( 1 5 Within the limit of a Community tariff quota of 2 800 tonnes.
         (16 In accordance with the conditions referred to in Article 9 of Protocol 1 to the Agreement.
                Reference quantity 13 700 tonnes (overall quantity for the two subheadings referring to grapefruit
                segments).
                In accordance with the conditions referred to in Article 9 of Protocol 1 to the Agreement.
                Reference quantity 2 000 tonnes.
                Within the limit of the Community tariff quota referred to in Article 10 of Protocol 1 to the Agreement.
                Reference quantity 2 900 tonnes.
                Within the limit of a Community tariff quota of 82 700 tonnes (overall quantity for the four subpositions
                referring to orange juice), of which not more than 20 000 tonnes may be imported in packings of a
                capacity of 2 litres or less.
                Reference quantity 28 700 tonnes (overall quantity for the three subheadings referring to grapefruit juice).
                Within the limit of a Community tariff quota of 8 500 tonnes (overall quantity for the two subheadings
                referring to tomato juice).
 ---pagebreak--- 21. 4. 87             Official Journal of the European Communities                                    No C 104/15
                                             ANNEX B
             CCT                                          Description
          heading No
               06.03    Cut flowers and flower buds of a kind suitable for bouquets or for ornamental
                        purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared:
                        A. Fresh (')
               06.04    Foliage, branches and other parts (other than flowers or buds) of trees, shrubs,
                        bushes and other plants, and mosses, lichens and grasses, being goods of a kind
                        suitable for bouquets or ornamental purposes, fresh, dried, dyed, bleached,
                        impregnated or otherwise prepared:
                        B. Other:
                            I.  Fresh
               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 (2)
                        B. Cabbages, cauliflowers and Brussels sprouts:
                            ex III. Other:
                                — 'Chinese cabbage', from 1 November to 31 December (3)
                        D. Salad vegetables, including endive and chicory:
                            ex II. Other:
                                — 'Iceberg lettuce', from 1 November to 31 December (4)
               07.04    Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in
                        powder, but not further prepared:
                        ex B. Other:
                                — Sweet peppers
               08.01    Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, man-
                        goes, guavas and mangosteens, fresh or dried, shelled or not:
                        A. Dates
               08.02    Citrus fruit, fresh or dried:
                        ex E. Other:
                                — Cumquats
               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( 5 )
               08.09     Other fruit, fresh:
                         — Kiwi fruit, from 1 January to 30 April (6)
                         — Pomegranates
                         — Persimmons, from 1 December to 31 July
                08.10    Fruit (whether or not cooked), preserved by freezing, not containing added
                         sugar:
                         ex D. Other:
                                 — Dates
 ---pagebreak--- No C 104/16                          Official Journal of the European Communities                                      21. 4. 87
                     CCT                                                     Description
                  heading N o
                       20.01            Vegetables and fruit, prepared or preserved by vinegar or acetic acid, with or
                                        without sugar, whether or not containing salt, spices or mustard:
                                        ex C. Other:
                                                — Gumbos and 'pearl onions'
                       20.06            Fruit otherwise prepared or preserved, whether or not containing added sugar
                                        or spirit:
                                        A. Nuts (including groundnuts), roasted, in immediate packings of a net
                                            capacity:
                                        ex I. Of more than 1 kg:
                                                — Groundnuts
          (') Within the limit of a Community      tariff quota of 17 000 tonnes.
          (2) Within the limit of a Community      tariff quota of 450 tonnes.
          (3) Within the limit of a Community      tariff quota of 250 tonnes.
          (4) Within the limit of a Community      tariff quota of 200 tonnes.
          (5) Reference quantity  1 900 tonnes.
          (6) Reference quantity  200 tonnes.
 ---pagebreak--- 21. 4. 87                          Official Journal of the European Communities                           No C 104/17
               Joint Declaration by the Contracting Parties on Articles 1, 2, and 3 of the Protocol
                                     (to be annexed to the Additional Protocol)
          The Contracting Parties agree that should the entry into force of the Protocol not coincide
          with the start of the calendar or seasonal year, as the case may be, the quantitative limits
          referred to in Articles 1, 2 and 3 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 Israel which are subject to such limits under the
          Protocol shall begin on 1 January of each year, except in respect of the following products,
          for which the dates set out below shall apply:
               CCT heading No                              Description                          Date
                 08.02 ex A          Oranges                                               ljuly
                 08.02 ex B          Small citrus fruits                                   ljuly
                 06.03 A             Cut flowers and flower buds, fresh                    1 November
          Joint Declaration by the Contracting Parties concerning new potatoes falling within subhead-
                                ing 07.01 A II ex a) of the Common Customs Tariff
                                     (to be annexed to the Additional 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). 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 purpose could be to draw up
          indicative export timetables designed to prevent deliveries being concentrated around sensitive
          periods for the Community market.