CELEX: 31970D0545
Language: en
Date: 1970-09-29 00:00:00
Title: Council Decision of 29 September 1970 on the conclusion of the Agreement establishing an Association between the European Economic Community and the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya

Official Journal of the European Communities                           93
No L 282/54                            Official Journal of the European Communities                      28.12.70
                                                   COUNCIL DECISION
                                                    of 29 September 1970
              on the conclusion of the Agreement establishing an Association between the European Econ­
              omic Community and the United Republic of Tanzania, the Republic of Uganda and the
                                                      Republic of Kenya
                                                        ( 70/545/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community , and in parti­
            cular Article 228 thereof;
            Having regard to the Agreement establishing an Association between the European
            Economic Community and the United Republic of Tanzania, the Republic of Uganda and
            the Republic of Kenya, signed at Arusha on 24 September 1969 ;
            Having consulted the European Parliament 1,
            HAS DECIDED AS FOLLOWS :
                                                           Article 1
            The Agreement establishing an Association between the European Economic Community
            and the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya,
            the five Protocols attached thereto and the Annexes to the Final Act, signed at Arusha on 24
            September 1969, are concluded, approved and confirmed on behalf of the Community.
                                                           Article 2
            The President of the Council shall notify this Decision in accordance with Article 33 of the
            Agreement.
            Done at Brussels, 29 September 1970.
                                                                            For the Council
                                                                             The President
                                                                             S. von BRAUN
             1 OJ No C 2, 8.1.1970, p.6.
 ---pagebreak--- 94                           Official Journal of the European Communities
   Agreement establishing an Association between the European Economic Community and the
            United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya
                                               ( 70/546/EEC)
                                                CONTENTS
   TEXT OF THE AGREEMENT
   PREAMBLE                                                                                           Page
   Title   I :         Trade                                                                            96
   Title II :          Right of establishment and services                        /                     99
   Title III :         Payments and capital                                                            100
   Title IV :          Institutional provisions                                                        100
   Title V :           General and final provisions                                                    101
   PROTOCOLS
   Protocol No 1      concerning the implementation of Article 2 (2) of the Association Agreement      104
   Protocol No 2      concerning unroasted coffee, cloves and tinned pineapple                         104
   Protocol No 3      concerning the implementation of Article 3 of the Association Agreement . .      105
   Protocol No 4      concerning the concept of 'originating products' for the purpose of imple­
                      menting the Association Agreement                                                Ill
   Protocol No 5      concerning the implementation of the Association Agreement and the estab­
                      lishment of international agreements on the granting of generalized preferences  111
 ---pagebreak---                           Official Journal of the European Communities                          95
                                            PREAMBLE
His Majesty the King of the Belgians,
The President of the Federal Republic of Germany ,
The President of the French Republic,
The President of the Italian Republic,
His Royal Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the Netherlands,
Contracting Parties to the Treaty establishing the European Economic Community signed at
Rome on 25 March 1957, hereinafter referred to^as 'the Treaty', whose States are hereinafter
referred to as the 'Member States', and
The Council of the European Communities
on the one hand, and
The President of the United Republic of Tanzania.
The President of the Republic of Uganda,
The President of the Republic of Kenya,
Contracting Parties to the Treaty for East African Cooperation establishing the East Afri­
can Community , signed at Kampala on 6 June 1967, whose States are hereinafter referred to
as the ' Partner States of the East African Community',
on the other hand.
Having regard to the Treaty establishing the European Economic Community ;
Taking into consideration the Association Agreement signed at Arusha on 26 July 1968 :
Wishing to demonstrate their common desire to maintain and strengthen their friendly rela­
tions, observing the principles of the Charter of the United Nations;
Resolved to develop economic relations between the Partner States of the East African
 Community and the Europeah Economic Community;
 Conscious of the importance of the development of cooperation and trade and of intra-Afri­
 can international economic relations ;
 Taking into consideration the Treaty for East African cooperation, establishing the East Afri­
 can Community;
 Have decided to conclude an Agreement establishing an Association between the European
 Economic Community and the Partner States of the East African Community, in accordance
with Article 238 of the Treaty establishing the European Economic Community:
and to this end have designated as Plenipotentiaries :
HIS MAJESTY THE KING OF THE BELGIANS :
Mr Joseph Van der Meulen,
Ambassador Extraordinary and Plenipotentiary ;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :
Mr Gunther Harkort,
State Secretary at the Ministry of Foreign Affairs :
 ---pagebreak--- 96                                       Official Journal of the European Communities
              THE PRESIDENT OF THE FRENCH REPUBLIC :
              Mr Yvon Bourges,
              State Secretary at the Ministry of Foreign Affairs;
              THE PRESIDENT OF THE ITALIAN REPUBLIC :
              Mr Mano Pedini ,
              Deputy State Secretary at the Ministry of Foreign Affairs :
              HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG;
              Mr Georges Dupong,
              Minister of Education, Labour and Social Security ;
              HER MAJESTY THE QUEEN OF THE NETHERLANDS :
              Mr H. J. de Koster,
               State Secretary at the Ministry of Foreign Affairs ;
              THE COUNCIL OF THE EUROPEAN COMMUNITIES :
              Mr H. J. De Koster,
               President in Office of the Council of the European Communities;
              Mr Henri Rochereau,
              Minister of the Commission of the European Communities;
              THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA :
               Hon Abdulraman Mohamed Babu,
               Minister for Commerce and Industry :
              THE PRESIDENT OF THE REPUBLIC OF UGANDA :
              Hon William Wilberforce Kalema,
              Minister for Commerce and Industry :
              THE PRESIDENT OF THE REPUBLIC OF KENYA :
               Hon Mwai Kibaki ,
               Minister for Commerce and Industry ;
              Who, having exchanged their Full Powers, found in good and due form,
              HAVE AGREED UPON THE FOLLOWING PROVISIONS :
                                                              Article 1
               1 . By this Agreement an Association is established between the European Economic Com­
              munity and the Partner States of the East African Community.
              2. The aim of the Association Agreement is to promote an increase of trade between the
              European Economic Community and the Partner States of the East African Community and
              thus contribute to the development of international trade.
                                                               TITLE I
                                                               TRADE
                          Articled                                       . such products listed in Annex II of the Treaty as come
                                                                           under a common organization of the market within
1 . Products originating in the Partner States of the East
                                                                           the meaning of Article 40 of the Treaty :
African Community shall on importation into the Euro­
pean Economic Community, be admitted free of customs                       products subject, on importation into the European
duties and charges having equivalent effect, but the treat­                Economic Community , to specific rules as a conse­
ment applied to these products may not be more favour­                     quence of the implementation of the common agricul­
able than that applied by the Member States among                          tural policy .
themselves.
                                                                       The provisions of Protocol No 1 to this Agreement stipu­
2. The provisions of paragraph 1 above shall not. how­                 late the conditions under which the European Economic
ever, prejudice the import treatment applied to :                      Community shall determine the treatment to be applied.
 ---pagebreak---                                         Official Journal of the European Communities                                          97
notwithstanding the general treatment in force vis-a-vis            2. The provisions of paragraph 1 above, however, shall
third countries, to the products referred to above, when            not prejudice the import treatment accorded to the prod­
such products originate in the Partner States of the East           ucts referred to in Article 2 (2a).
African Community .
                                                                    3 . At the request of one or more Partner States of the
With regard to unroasted coffee, cloves (whole fruit,               East African Community , there shall be consultations
cloves and stems) and tinned pineapple, the special                 within the Association Council regarding the conditions
provisions laid down in Protocol No 2 to this Agreement             of application of this Article.
shall apply .
3 . At the request of one or more Partner States of the                                       Article 6
East African Community , there shall be consultations                1 . The Partner States of the East African Community
within the Association Council regarding the conditions             shall not apply any quantitative restrictions or measures
of application of this Article.                                     having equivalent effect to the importation of products
                                                                    originating in Member States.
                          A rticle 3
 1 . Products originating in Member States shall , when
                                                                    2. Notwithstanding the provisions of paragraph 1
                                                                    above, the Partner States of the East African Com­
imported into Partner States of the East African Com­
                                                                    munity may retain or introduce new quantitative res­
munity . benefit, under the terms of Protocol No 3 to this
                                                                    trictions on the importation of products originating in
Agreement, from the elimination of any customs duties
                                                                    Member States in order to meet their development needs
and charges having equivalent effect which the Partner
                                                                    or in the event of difficulties in their balance of payments
States of the East African Community apply to imports
                                                                    or, where agricultural products are concerned, in connec­
of these products into their territories.
                                                                    tion with the development of the East African Common
                                                                    Market as provided for in the Treaty for East African
2 . The Partner States of the East African Community
                                                                    Cooperation. Development needs are those listed in Arti­
may, however, retain or introduce, under the terms of
                                                                    cle 2 of Protocol No 3 to this Agreement.
Protocol No 3 to this Agreement, customs duties and
charges having equivalent effect which are necessary to
meet their development needs or which are intended to              Application of such restrictions may not give rise, de
contribute to their budgets.                                       jure or defacto, to discrimination against Member States
                                                                    vis-a-vis third countries.
3 . The customs duties and charges having equivalent
effect levied by the Partner States of the East African             3 . Application of the measures referred to in paragraph
                                                                    2 above shall be subject to the proviso that the Partner
Community in accordance with paragraph 2 above may
                                                                    States of the East African Community keep opportuni­
not give rise, dejure or defacto, to any direct or indirect
discrimination between Member States .
                                                                    ties of importation open, without discrimination, to
                                                                    products originating in the European Economic Com­
                                                                    munity .
4. At the request of the European Economic Communi­
ty . there shall be consultations within the Association
                                                                    Nevertheless, where sales of a specific product meet with
Council regarding the conditions of application of this             difficulties on the domestic market of the Partner States
Article.
                                                                    of the East African Community, those States may, not­
                          Article 4
                                                                    withstanding the preceding subparagraph and subject
                                                                    to prior consultation within the Association Council,
 1 . In so far as the Partner States of the East African            suspend imports of that product for a limited period, to
Community levy duties on exports of their products to               be fixed case by case, on condition that they produce
 Member States, these duties may not give rise, de jure or          evidence of the existence of such difficulties and provide
 defacto, to any direct or indirect discrimination between          any explanations necessary for an assessment of the need
 Member States.                                                     to prohibit imports.
 2. Without prejudice to the application of Article 14 (2).         4. On the coming into force of this Agreement, the Part­
there shall be consultations within         the Association         ner States of the East African Community shall submit
Council if the application of such duties leads to serious          to the Association Council a list of the products subject
disturbances in the conditions of competition.                      to quantitative restrictions on imports applied in accord­
                                                                    ance with the provisions of paragraph 2 above, and any
                                                                    information they possess that may allow the Member
                          Article 5
                                                                    States to know what opportunities there are for import­
 1 . The European Economic Community shall not apply                 ing into the Partner States of the East African Commu­
to imports of products originating in the Partner States             nity products subject to quantitative restrictions.
of the East African Community any quantitative restric­
 tions or measures having equivalent effect other than              At the request of the European Economic Community ,
 those that the Member States apply among themselves.               there shall be consultations within the Association
 ---pagebreak---  98                                    Official Journal of the European Communities
Council regarding the conditions of application of these           The Association Council shall be kept informed by the
restrictions .                                                     Partner States of the East African Community.
5 . The Partner States of the East African Community               2. At the request of the European Economic Communi­
shall, upon the introduction of any new quantitative res­          ty , there shall be consultations within the Association
trictions in accordance with the provisions of paragraph           Council .
2 above, immediately notify the Association Council . As
soon as the notification has been given, there shall be            3. If these consultations reveal any incompatibility be­
consultations within the Association Council , at the re­          tween the undertakings given by the Partner States of the
quest of the European Economic Community .                         East African Community and the principles or provi­
                                                                   sions of this Agreement, the Association Council shall,
6. On the coming into force of this Agreement, the Part­           in case of need, take any measures necessary for the
ner States of the East African Community shall notify              smooth functioning of the Association. It may also make
the Association Council of the foreign trade regulations           any recommendations deemed useful.
applicable to Member States.
The Association Council shall be notified of any change                                    Article 11
in these regulations.
                                                                  The Partner States of the East African Community may
                                                                   likewise maintain or establish customs unions or free
                          Article 7
                                                                   trade areas or conclude economic cooperation agree­
The provisions of Articles 5 and 6 shall not prejudice the         ments with one or more other third countries, provided
treatment that any Contracting Party signatory to a               that such customs unions, free trade areas or economic
world agreement accords to any product under such an              cooperation agreements neither are nor prove to be in­
agreement .                                                       compatible with the principles or provisions of this
                                                                  Agreement.
                          Articles
Without prejudice to special provisions for border trade          The Association Council shall be kept informed by the
or to Articles 9 and 10 :                                         Partner States of the East African Community .
(a) the treatment that the Partner States of the East Afri­       At the request of the European Economic Community ,
      can Community apply by virtue of this Title to prod­        there shall be consultations within       the Association
      ucts originating in Member States shall not be less         Council .
      favourable than that applied to products originating
      in the most favoured third country ;
(b) the treatment that the Partner States of the East Afri­                                Article 12
      can Community apply by virtue of this Title to their
      products on exportation to the European Economic            The provisions of Articles 5 and 6 shall not preclude
      Community shall not be less favourable than that            prohibitions or restrictions on imports, exports or transit
      applied to products exported to the most favoured           justified on grounds of public morality , public policy ,
      third country.
                                                                  public security, the protection of human or animal life or
                                                                  health, or plant preservation, the protection of national
                                                                  treasures possessing artistic, historic or archaeological
                          Article 9                               value, or the protection of industrial or commercial pro­
                                                                  perty .
The Partner States of the East African Community may
maintain or establish among themselves customs unions             However, such prohibitions or restrictions shall not con­
or free trade areas or conclude among themselves econ­            stitute a means of arbitrary discrimination or a disguised
                                                                  restriction on trade.
omic cooperation agreements.
The Association Council shall be kept informed by the
Partner States of the East African Community.                                              Article 13
                                                                   1 . On matters of trade policy the Contracting Parties
                                                                  shall keep each other informed and. should one of them
                          Article 10
                                                                  so request, shall consult within the Association Council
 1 . The Partner States of the East African Community             for the purpose of the proper implementation of this
may maintain or establish customs unions or free trade            Agreement.
areas or conclude economic cooperation agreements
with one or more African third countries at a compara­            2. The information given and the consultations held
ble stage of development, provided that this does not             shall bear on measures concerning trade with third coun­
lead to any change in the provisions concerning origin            tries if these measures are likely to harm the interests of
for the purpose of implementing this Agreement.                   any Contracting Party .
 ---pagebreak---                                           Official Journal of the European Communities                                          99
                             Article 14                                3. For the purpose of implementing paragraphs 1 and 2
 1 . If serious disturbances occur in a sector of the econo­          above, priority shall be given to such measures as would
my of one or more Partner States of the East African                   least disturb the functioning of the Association . These
Community or jeopardize their external financial stabili­             measures shall not exceed the limits of what is strictly
ty , or if difficulties arise which result in a deterioration in      necessary to remedy the difficulties that have arisen.
the economic situation of a region in the East African
                                                                      4. There shall be consultations within the Association
Community, the Partner State or States concerned may .
notwithstanding the provisions of Article 3 and 6. take               Council regarding measures taken in implementation of
the necessary protective measures.                                     paragraphs 1 or 2 above. Such consultations shall be
                                                                      held at the request of the European Economic Communi­
These measures and the methods of applying them shall                 ty in respect of measures under paragraph 1 . and at the
be notified immediately to the Association Council .                  request of the Partner States of the East African Com­
                                                                      munity in respect of those under paragraph 2.
2. If serious disturbances occur in a sector of the econo­
my of the European Economic Community or of one or
more of its Member States or jeopardize their external
financial stability, or if difficulties arise which result in a
deterioration in the economic situation of a region in the
                                                                                               Article 15
European Economic Community, that Community may
take, or may authorize the Member State or States con­                Without prejudice to the special provisions laid down in
cerned to take, the necessary protective measures,                    this Agreement, each Contracting Party shall refrain
notwithstanding the provisions of Articles 2 and 5 .                  from any measure or practice of an internal fiscal nature
                                                                      that directly or indirectly leads to discrimination be­
These measures and the methods of applying them shall                 tween its own products and like products originating in
be notified immediately to the Association Council.                   the territory of the other Contracting Parties.
                                                               TITLE II
                                           RIGHT OF ESTABLISHMENT AND SERVICES
                             Article 16                                                        Article 18
The Partner States of the East African Community shall                Without prejudice to the provisions relating to move­
ensure that, in the matter of the right of establishment              ments of capital, the right of establishment withih the
and the provision of services, there shall be no discrimi­            meaning of this Agreement shall include the right to en­
natory treatment, de jure or de facto, between nationals              gage in and to exercise self-employed activities: to set up
or between companies of Member States.                                and manage undertakings and. in particular, companies :
                                                                      and to set up agencies, branches or subsidiaries.
                             Article 17
Should one or more Partner States of the East African
Community grant nationals or companies of a non­                                               Article 19
Member State more favourable treatment as regards the
right of establishment or provision of services, such                 Services within the meaning of this Agreement shall be
treatment shall be extended by the Partner State or                 ^ deemed to be services normally provided against remu­
States oncemed to nationals or companies of the Mem­                  neration, provided that they are not governed by the
ber States, except where it arises out of regional agree­             provisions relating to trade, the right of establishment or
ments .                                                               movements of capital . Services shall include in particular
                                                                      activities of an industrial character, activities of a com­
Nevertheless, nationals or companies of a Member State                mercial character, artisan activities and' activities of the
may not, for a specific activity, benefit in a Partner State          liberal professions, excluding activities of employed per­
                                                                      sons .
of the East African Community from the provisions of
this Article if the Member state to which they belong
does not grant the nationals or companies of the Partner
                                                                                               A rticle 20
State of the East African Community concerned, as re­
gards the right of establishment or provision of services,             1 . Companies within the meaning of this Agreement
the same advantages for the activity in question as those             shall be deemed to be companies under civil or commer­
obtained by the Partner State of the East African Com­                cial law, including cooperative societies and other legal
munity through an agreement with a non-Member State                   persons under public or private law. but not including
referred to in the preceding paragraph.                               non-profit-making bodies.
 ---pagebreak---  100                                    Official Journal of the European Communities
 2 . ' Company of a Member State or of a Partner State of            Partner State of the East African Community; neverthe­
 the East African Community' shall mean any company                  less, should it have only its registered office in a Member
 constituted in accordance with the law of a Member                  State or in a Partner State of the East African Communi­
 State or of a Partner State of the East African Commu­              ty, its business must have an effective and continuous
 nity and havingjts registered office, central administra­           link with the' economy of that Member State or of that
 tion or main establishment in a Member State or in a                Partner State of the East African Community.
                                                           TITLE III
                                                  PAYMENTS AND CAPITAL
                          Article 21                                                          Article 22
 The Member States and the Partner States of the East               The Partner States of the East African Community shall
 African Community shall authorize payments relating to             treat nationals and companies of Member States on an
 trade in goods and in services , and also the transfer of          equal footing in respect of investments made by them, of
 such payments to the Partner State of the East African             capital movements and of current payments resulting
 Community or to the Member State in which the creditor             therefrom , and also of transfers connected with such
 or the beneficiary is resident, in so far as the movement        ' operations .
 of goods and services has been liberalized in pursuance
 of this Agreement.
                                                           TITLE IV
                                                INSTITUTIONAL PROVISIONS
                          Article 23                                down in its rules of procedure. The Association Council
                                                                    shall meet either at the level of ministers or at the level of
  1 . For the purpose of attaining the aims set out in this
 Agreement , there shall be established an Association              their representatives.
 Council . It shall have the power to take decisions in the
 cases provided for in this Agreement : such decisions              2. In the case of meetings at ministerial level , decisions
 shall be binding on the Contracting Parties, who must              of the Association Council may be validly made only if,
 take such measures as are required to implement these              for the European Economic Community , a member of
 decisions .                                                        the Council and a member of the Commission of the
                                                                    European Communities, and, for the Partner States of
 The Association Council may examine all matters relat­             the East African Community , a member of the Govern­
                                                                    ment of each Partner State of the East African Commu­
 ing to the implementation of this Agreement; it may
 formulate appropriate recommendations, and it shall                nity , are present.
 undertake the consultations provided for by this Agree­
 ment .                                                             3 . The Association Council shall act by mutual agree­
                                                                    ment between the European Economic Community on
                                                                   the one hand and the Partner States of the East African
 2 . The Association Council shall periodically review the
 results of the Association arrangements, taking into ac­          Community on the other.
 count the objectives of this Association .
                                                                                             Article 25
 3 . The Association Council shall lay down its rules of
                                                                   The office of President of the Association Council shall
 procedure.
                                                                  be held alternately by a member of the Council of the
                                                                   European Communities and a member of the Govern­
                         Article 24                                ment of a Partner State of the East African Community .
1 . The Association Council shall be composed , on the
one hand, of the members of the Council and of members
                                                                                             A rticle 26
of the Commission of the European Communities and.
on the other hand, of members of the Government of                 Meetings of the Association Council shall be called once
each Partner State of the East African Community and               a year by its President.
of representatives of the East African Community .
                                                                   The Association Council shall , in addition , meet when­
Any member of the Association Council may send a                   ever necessary , in accordance with the conditions to be
representative in accordance with conditions to be laid            laid down in its rules of procedure.
 ---pagebreak---                                       Official Journal of the European Communities                                       101
                        Article 27                               other of the appointment of an arbitrator; the other Party
The Association Council may decide to set up a commit­           must then appoint a second arbitrator within two
tee to assist the Council in the performance of its task         months. For the application of this procedure, the Euro­
and, in particular, to ensure the continuity of coopera­         pean Economic Community and the Member States
tion necessary for the smooth functioning of the Associa­        shall be deemed to be one Party to the dispute.
tion.
                                                                 The Association Council shall appoint a third arbitrator.
In its rules of procedure the Association Council shall
 determine the composition and duties of the committee
and how it shall function.
                                                                 The decisions of the arbitrators shall be taken by majo­
                                                                 rity vote.
The Association Council may delegate to the committee
                                                                 3. Each Party to the dispute must take the measures
the exercise of the powers entrusted to it by this Agree­
ment, under the terms and within the limits laid down by
                                                                 required for the implementation of the arbitrators' deci­
                                                                 sion.
the Association Council .
                                                                                           Article 29
                         Article 28
                                                                 A Parliamentary Committee of the Association shall
 1 . Any dispute concerning the interpretation or the ap­        meet once a year to discuss matters concerning the Asso­
 plication of this Agreement which arises between one or         ciation .
 more Member States or the European Economic Com­
 munity on the one hand, and one or more Partner States          It shall be composed, on a basis of parity , of members of
 of the East African Community on the other, may be              the European Parliament and of members of the Parlia­
brought before the Association Council.                          ments of the Partner States of the East African Commu­
                                                                 nity.
 2. If the Association Council fails to settle the dispute
 at its subsequent meeting, either Party may notify the          It shall lay down its rules of procedure.
                                                          TITLE V
                                           GENERAL AND FINAL PROVISIONS
                        A rticle 30                                                       A rticle 33
 No Treaty , convention, agreement or arrangement of             1 . As regards the European Economic Community, this
 any kind between one or more Member States and one or           Agreement shall be validly concluded by a decision of
 more Partner States of the East African Community               the Council of the European Communities taken in con­
 may impede the implementation of the provisions of this         formity with the provisions of the Treaty and notified to
 Agreement.                                                      the Parties to this Agreement. It shall be ratified by the
                                                                 Signatory States in conformity with their respective con­
                        A rticle 31                              stitutional requirements.
 1 . The Association Council shall be informed of any
request for membership of or association with the Euro­          2. The instruments of ratification of the Signatory States
                                                                 and the act of notification of the conclusion of this
pean Economic Community made by any State.
                                                                 Agreement by the European Economic Community shall
2. Any request for association with the European Econ­           be exchanged in Brussels .
omic Community made by a State whose economic
structure and production are comparable with those of
the Partner States of the East African Community , and                                    A rticle 34
which , after examination by the European Economic
Community , has been referred by the latter to the Asso­         This Agreement shall come into force on the first day of
ciation Council , shall be the subject of consultations          the month following the date on which the instruments of
within the Association Council .                                 ratification and the act of notification have been ex­
                                                                 changed.
                        Article 32
                                                                                          Article 35
This Agreement shall apply to the European territory of
the Member States and to the French overseas depart­              1 . This Agreement shall be concluded for a period of
 ments on the one hand, and to the territory of the Partner      five years from its entry into force and shall expire by 31
States of the East African Community on the other.               January 1975 at the latest.
 ---pagebreak--- 102                                    Official Journal of the European Communities
2. This Agreement may be terminated by the European                  2. The Association Council shall take any transitional
Economic Community in respect of each Partner State                 measures required until a new agreement comes into
of the East African Community, and by each Partner                  force.
State of the East African Community in respect of the
European Economic Community, upon six months' no­                                            Article 37
tice.
                                                                    The Protocols annexed to this Agreement shall form an
                                                                    integral part thereof.
                         Article 36                                                          Ærticle 38
 1 . Eighteen months before the expiry of this Agreement,           This Agreement shall be drawn up in two copies, in the
the Contracting Parties shall examine the provisions that           German , French , Italian, Dutch and English languages ,
might be made for a further period.                                 each of these texts being equally authentic .
              Zu Urkund dessen haben die unterzeichneten Bevollmächtigen ihre Unterschriften unter
              dieses Abkommen gesetzt.
              En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent
              Accord.
              In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente
              Accordo.
              Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Over­
              eenkomst hebben gesteld.
              In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this
              Agreement.
              Geschehun zu Arusha am sechsundzwanzigsten Juli neunzehnhundertachtundsechzig
              Fait a Arusha. le vingt-six juillet mil neuf cent soixante huit
              Fatto a Arusha, il ventisei luglio millenovecentosessantotto
              Gedaan te Arusha, de zesentwintigste juli negentienhonderd acht en zestig
              Done at Arusha on the twenty-sixth day of July in the year one thousand nine hundred and
              sixty-eight
              Pour Sa Majeste le Roi des Belges,
              Voor Zijne Majesteit de Koning der Belgen,
                            Joseph VAN DER MEULEN
              Fur den Präsidenten der Bundesrepublik Deutschland,
                            Hans-Georg SACHS
              Pour le President de la Republique Française,
                            Yvon BOURGES
              Per il Presidente della Repubblica Italiana,
                            Franco Maria MALFATTI
              Pour Son Altesse Royale le Grand-Duc de Luxembourg,
                            Albert BORSCHETTE
              Voor Hare Majesteit de Koningin der Nederlanden,
                            HJ . de KOSTER
              Im Namen des Rates der Europäischen Gemeinschaften,
 ---pagebreak---                            Official Journal of the European Communities                           103
  Pour le Conseil des Communautés Européennes,
  Per il Consiglio delle Comunità Europee,
  Voor de Raad der Europese Gemeenschappen ,
                Franco Maria MALFATTI                     Henri ROCHEREAU
  Mit dem Vorbehalt, dass fur die Europaische Wirtschaftsgemeinschaft erst dann endgültig
  eine Verpflichtung besteht, wenn sie den anderen Vertragsparteien Notifiziert hat, dass die
  durch den Vertrag zur Gründung der Europaischen Wirtschaftsgemeinschaft vorgeschrie­
  benen Verfahren stattgefunden haben.
  Sous réserve que la Communauté Economique Européenne ne sera définitivement engagee­
  qu'après notification aux autres Parties contractantes de l'accomplissement des procédures
- requises par le Traité instituant la Communauté Economique Européenne.
  Con riserva che la Comunità Economica Europea sarà definitivamente vincolata soltanto
  dopo notifica alle altre Parti Contraenti dell'espletamento delle procedure richieste dal Trat­
  tato che istituisce la Comunità Economica Europea.
  Onder voorbehoud dat de Europese Economische Gemeenschap eerst definitief gebonden zal
  zijn na kennisgeving aan de andere Overeenkomstluitende Partijen van de vervulling der door
  het Verdrag tot oprichting van de Europese Economische Gemeenschap vereiste procedures.
  Provided that the Community shall be finally bound only after the other Contracting Parties
  have been notified that the procedures required by the Treaty establishing the European
  Economic Community have been completed.
  For the President of the United Republic of Tanzania,
                Aboud Mohamoud MAALIM
  For the President of the Republic of Uganda,
                 William Wilberforce KALEMA
  For the President of the Republic of Kenya,
                 Mwai KIBAKI
 ---pagebreak--- 104                                      Official Journal of the European Communities
                                                          PROTOCOLS
                                                        PROTOCOL No 1
                          concerning the implementation of Article 2 (2) of the Association Agreement
THE CONTRACTING PARTIES ,                                                                     A rticle 2
                                                                     If the products referred to in Article 2 ( 2a) of the Agree­
HAVE AGREED upon the following provisions, which are                 ment are liable to customs duties at the time of importa­
annexed to the Agreement :                                           tion into the European Economic Community and if no
                                                                     provision concerning trade in those products with third
                                                                     countries is laid down under the common agricultural
                           Article I                                 policy, imports of such products into the European
 1 . After consultation within the Association Council ,             Economic Community shall , notwithstanding the provi­
the European Economic Community shall determine,                     sions of Article 1 above and provided that these products
case by case, what treatment is to be accorded to imports            originate in the Partner States of the East African Com­
of each of the products or groups of products referred to            munity , be governed by the provisions of Article 2 ( 1 ) of
in Article 2(2) of the Agreement, when such products                 the Agreement.
originate in the Partner States of the East African Com­
                                                                                              A rticle 3
munity , where these States have an economic interest in
exporting the said products.                                         1 . The treatment established for the various products on
                                                                     the basis of this Protocol shall be applied until the expiry
                                                                     of the Agreement.
The treatment which the European Economic Communi­
ty applies to these products shall be more favourable                2. However, in the event of a change in the Community
than the general treatment applied to like products ori­            organization of markets, the European Economic Com­
ginating in third countries.                                         munity reserves the right, after consultation within
                                                                     the Association Council, to change the treatment
                                                                     established.
2. However, if, in respect of a specific product, the econ­
omic situation of the European Economic Community                    In such an event, the European Economic Community
so justifies, the latter may, by way of exception, refrain           undertakes , in the framework of the new treatment , to
from according special treatment to imports of that                  maintain advantages for the Partner States of the East
product from the Partner States of the East African                 African Community comparable with those they enjoyed
Community.                                                           previously .
                                                       PROTOCOL No 2
                                     concerning unroasted coffee, cloves and tinned pineapple
THE CONTRACTING PARTIES ,                                           shall be authorized to take, subject to consultation with
                                                                    the Partner States of the East African Community, the
HAVE AGREED upon the following provisions, which are                necessary measures to avoid serious disturbances in tra­
annexed to the Agreement :
                                                                    ditional trade flows.
Should imports into the European Community of un­
roasted coffee of heading No 09.01 A I of the Common                The annual quantities referred to in the first subpara­
Customs Tariff of the European Communities, of cloves               graph of this Protocol shall be :
(whole fruit, cloves and stems) of heading No 09.07 or
of tinned pineapple of heading No 20.06 B II, originat­             (a) Unroasted coffee                    56 000 metric tons
ing in the Partner States of the East African Community ,
                                                                    (b) Cloves                                 120 metric tons
exceed the quantities stipulated below in the course of
any given year, the European Economic Community                     (c) Tinned pineapple                        860 metric tons.
 ---pagebreak---                                        Official Journal of the European Communities                                        105
                                                     PROTOCOL No 3
                           concerning the implementation of Article 3 ofthe Association Agreement
THE CONTRACTING PARTIES ,                                         communicate to the Association Council their customs
                                                                  tariff as it stands after application of the foregoing provi­
HAVE AGREED upon the following provisions, which are              sions. At the request of the European Economic Com­
annexed to the Agreement :
                                                                  munity, there shall be consultations within the Associa­
                                                                  tion Council on this tariff.
                           Article 1
For the purpose of implementing the provisions of Arti­
                                                                                             Article 5
cle 3 of the Agreement, the Partner States of the East
African Community shall, on the date of coming into               The Partner States of the East African Community shall
force of the Agreement, eliminate all customs duties and          notify the Association Council of any amendment to the
charges having equivalent effect other than those which           tariff so established, in particular of any increase in cus­
are necessary to meet their development needs or which            toms duties or charges having equivalent effect made to
are intended to contribute to their budgets.                      meet their development needs or which- is intended to
                                                                  contribute to their budgets. At the request of the Euro­
                                                                  pean Economic Community, there shall be consultations
                           Article 2                              within the Association Council on these amendments.
The development needs of the Partner States of the East
African Community referred to in Article 1 above are
those arising from :                                                                         Article 6
- the implementation of economic development pro­                  1 . The advantages accorded to Member States vis-a-vis
   grammes aimed at raising the general standard of               third countries in respect of the products listed in the
   living in the country in question;                             Schedule annexed to this Protocol shall not be reduced
                                                                  during the life of the Agreement.
- the needs of their economic development, in particular
   where necessary to encourage the setting-up of
                                                                  2. The Partner States of the East African Community
   branches of production for the purpose of raising the
                                                                  may, however, make any adjustments in the Schedule of
   country's general standard of living;
                                                                  products annexed to this Protocol that are necessary to
                                                                  meet their development needs or are intended to contri­
- the need to achieve equilibrium in their balance of
                                                                  bute to their budgets, subject to prior consultation within
   payments and to alleviate such difficulties as arise in
   the main from their efforts to expand their domestic           the Association Council and provided that the overall
                                                                  volume of concessions and the balance of concessions
   markets and from the instability of their terms of
   trade:
                                                                  among the Member States are maintained.
                                                                  3. The Partner States of the East African Community
- the necessity to achieve a rapid and sustained growth           shall inform the Association Council in due time of any
   of their country's receipts from exports.                      changes which they contemplate making.
                                                                  This notification shall be accompanied by information of
                           Article 3
                                                                  an economic and/or financial nature whereby the neces­
The Contracting Parties shall take note of the customs            sity to make the contemplated changes in the Schedule
duties to be eliminated in accordance with the provisions         can be assessed.
of Article 1 above in respect of the products listed in the
Schedule annexed to this Protocol.
                                                                                             Article 7
                                                                  At the request of the Partner States of the East African
                           Article 4
                                                                  Community, there shall be consultations within the As­
On the date of coming into force of the Agreement, the            sociation Council regarding the conditions of applica­
Partner States of the East African Community shall                tion of this Protocol.
 ---pagebreak--- 106                                     Official Journal of the European Communities
                                                              ANNEX
                       Schedule ofthe products to which Article 3 of Protocol No 3 to the Agreement applies
                                                                                                         Charges
   East
 African                               Description of goods
  Tariff                                                                                                         Customs duty
                                                                                            Fiscal
    No
                                                                                             entry
                                                                                                             Full            EEC
   11.07    Malt, roasted or not                                                            22%             8%                Free
   12.06    Hop cones and lupulin                                                            10%            5%               Free
   1 5.07 B Olive oil                                                                       48%             2%               Free
   16.04    Prepared or preserved fish, including caviar and caviar substitutes             47 % %          2 Y2 %           Free
   17.04    Sugar confectionery, not containing cocoa                                       47%             3%               Free
   18.06    Chocolate and other food preparations containing cocoa                          42%             8%               Free
  21 .06 A  Bakers' yeast and household yeast                                               26%             4%               Free
  22.05     Wine of fresh grapes ; grape must with fermentation arrested by the
            addition of alcohol :
            A. Still wine and grape must :
                ( 1 ) Not in bottle                                                       per gallon        Free             Free
                                                                                         Sh 16/- or
                                                                                           66% %
                (2) In bottle                                                             per gallon     per gallon          Free
                                                                                         Sh 19/50 or    Cbnts 50 (*)
                                                                                           66%%
            B. Sparkling wine :
                ( 1 ) Champagne                                                           per gallon     per gallon          Free
                                                                                         Sh 31 /30 or    Sh2/-(*)
                                                                                           66 2/3 %
                (2) Other                                                                 per gallon     per gallon          Free
                                                                                         Sh 21 /90 or   Sh 1 /50 (**)
                                                                                           66%%
  22.06     Vermouths, and other wines of fresh grapes flavoured with aro­
            matic extracts :
            A. Not in bottle                                                              per gallon        Free             Free
                                                                                         Sh 16/- or
                                                                                           66%%
            B. In bottle                                                                  per gallon     per gallon          Free
                                                                                         Sh 19/- or      Sh 1 /- (*)
                                                                                           66%%
  22.09     Spirits (other than those of heading No 22.08); liqueurs and other
            spirituous beverages ; compound alcoholic preparations (known                             -
            as 'concentrated extracts*) for the manufacture of beverages :
            B. Brandy                                                                     per proof      per proof           Free
                                                                                            gallon        gallon
                                                                                          Sh 195/-       Sh 5M *)
  30.03     Medicaments (including veterinary medicaments):
            A. Prepared according to the British Pharmacopoeia, the National
                Pharmacopoeia of any Member State of the EEC, the British
                Pharmaceutical Codex, the US National Formula or the British
                Veterinary Codex, but not including any proprietary drugs or
                medicinal preparations                                                        Free          Free             Free
  32.04     Colouring matter of vegetable origin (including dyewood extract
            and other vegetable dyeing extracts, but excluding indigo) or                      •
            of animal origin :
 ---pagebreak---                                    Official Journal of the European Communities                                       107
                                                                                            Charges
 East
African
                                  Description of goods                                              Customs duty
Tariff                                                                          Fiscal
  No
                                                                                entry
                                                                                                Full            EEC
        A. For colouring foodstuffs, beverages, cosmetics or toilet pre­
            parations                                                           30 y2 %        7%                Free
 32.12  Glaziers' putty ; grafting putty ; painters' fillings, and stopping,
        sealing and similar mastics, including resin mastics and cements        21%            9%                Free
 33.01  Essential oils (terpeneless or not); concretes and absolutes ; resi­
        noids :
        A. For use in the manufacture of perfumery, cosmetics or toilet
            preparations                                                        68%            7%                Free
        B. Other                                                                 23%      *     7%               Free
 35Λ3   Gelatin (including gelatin in rectangles, whether or not coloured or
        surface-worked) and gelatin derivatives ; glues derived from bones,
        hides, nerves, tendons or from similar products, and fish glues ;
        isinglass :
        A. Gelatin                                                               22%            8%               Free
 37.02  Film in rolls, sensitized, unexposed, perforated or not                 27 %            3%               Free
 37.07  Other cinematograph film, exposed and developed, whether or not
        incorporating sound track, negative or positive :
        C. Other :
            (3) Of a width exceeding 16 mm                                     per linear   per linear           Free
                                                                                  foot         foot
                                                                               Cents 23     Cents 2 (*)
 48.01  Paper and paperboard (including cellulose wadding), machine­
        made, in rolls or sheets :
        A. Paper :
            ( 1) Cigarette                                                       43%            2%               Free
 48.10  Cigarette paper, cut to size, whether or not in the form of booklets
        or tubes                                                                 40%            5%               Free
 58.02  Other carpets, carpeting, rugs, mats and matting, and 'Kelem',
        'Schumacks' and 'Karamanie* rugs and the like (made up or not)           25%            5%               Free
 70.08  Safety glass consisting of toughened or laminated glass, shaped
        or not                                                                   25%            5%               Free
 70.09  Glass mirrors (including rear-view mirrors), unframed, framed or
        backed                                                                   27%            3%               Free
 70.13  Glassware (other than artides falling in heading No 70.19) of a
        kind commonly used for table, kitchen, toilet or office purposes,
        for indoor decoration, or for similar uses                               30%            3 y3 %           Free
  73.13  Sheets and plates, of iron or steel, hot-rolled or cold-rolled :
         C. Flat, uncoated :
            (1) Of a thickness of 0*014 inches or less                          per ft2         3%               Free
                                                                               Cents 3 or
                                                                                 12%
  73.27  Gauze, cloth, grill, netting, fencing, reinforcing fabric and similar
         materials, of iron or steel wire :
         A. Wire grill                                                           25%            5%               Free
 ---pagebreak--- 108                                        Official Journal of the European Communities
                                                                                                    Charges
   East
  African                                 Description of goods
  Tariff
                                                                                                            Customs duty
                                                                                         Fiscal
    No                                                                                    entry
                                                                                                        Full            EEC
   73.36     Stoves ( including stoves with subsidiary boilers for central heating),
              ranges,cookers, grates, fires and other space heaters, gas rings, plate
             warmers with burners, wash boilers with grates or other heating                      >
          ' elements, and similar equipment, of a kind used for domestic pur­
              poses, not electrically operated, and parts thereof, of iron or steel :
              B. Other                                                                   25%           5%               Free
   74.17     Cooking and heating apparatus of a kind used for domestic pur­
              poses, not electrically operated , and parts thereof, of copper :
              B. Other                                                                   25%           5%               Free
   84.17      Machinery, plant and similar laboratory equipment, whether or
              not electrically heated , for thé treatment of materials by a process
             involving a change of temperature such as heating, cooking, roast­
              ing, distilling, rectifying, sterilizing, pasteurizing, steaming, drying,
              evaporating, vaporizing, condensing or cooling, not being ma­
              chinery or plant of a kind used for domestic purposes; instan­
              taneous or storage water heaters, non-electrical :
              A. Instantaneous and storage water heaters                                  12%          3%               Free
   84.20     Weighing machinery (excluding balances of a sensitivity of 5 centi­
           . grammes or better), including weight-operated counting and                         /
             checking machines ; weighing machine weights of all kinds :
              A. Weighing machine weights of all kinds                                    30 %         Free             Free
              B. Other                                                                   25%           5%               Free
  84.51      Typewriters, other than typewriters incorporating calculating
             mechanisms ; cheque-writing machines                                        26%           4%               Free
  84.52      Calculating machines ; accounting machines, cash registers, post­
             age-franking machines, ticket-issuing machines and similar ma­
             chines and similar machines incorporating a calculating device              28 %          2%               Free
  84.54      Other office machines ( for example, hectograph or stencil dupli­
             cating machines, addressing machines, coin-sorting machines, coin­
             counting and wrapping machines, pencil-sharpening machines,
             perforating and stapling machines)                                          23%           7%               Free
  84.55      Parts and accessories (other than covers, carrying cases and the
             like) suitable for use solely or principally with machines of a kind
             falling within heading No 84.51 , 84.52, 84.53 or 84.54                     21%           9%               Free
  85.06      Electro-mechanical domestic appliances, with self-contained elec­
             tric motor :
             A. Electric fans                                                            25%           5%               Free
  85.15      Radiotélégraphie and radiotéléphonie transmission and reception
             apparatus ; ^dio-broadcasting and television transmission and re­
             ception apparatus (including those incorporating gramophones)
             and television cameras ; radio navigational aid apparatus, radar
             apparatus and radio remote control apparatus :
             A. Radio and television receiving sets and radiograms                        each         3%               Free
                                                                                        Sh 50/-
                                                                                        or 47 %
  87.06      Parts and accessories of the motor vehicles falling within heading
             No 87.01,87.02, or 87.03 :
             C. Other                                                                    28 y3 %       5%               Free
 ---pagebreak---                                   Official Journal of the European Communities                                 109
                                                                                     Charges
 East
African                          Description of goods
Tariff                                                                                       Customs duty
                                                                             Fiscal
  No
                                                                              entry
                                                                                         Full            EEC
 90.01  Lenses, prisms, mirrors and other optical elements, of any material,
        unmounted, other than such elements of glass not optically worked ;
        sheets or plates, of polarizing material :
        A. Suitable for use with the articles of subheading No 90.05,
            90.07 B or 90.09 B                                               23 % .     7%                Free
 90.02  Lenses, prisms, mirrors and other optical elements, of any material,
        mounted, being parts of or fittings for instruments or apparatus,
        other than such elements of glass not optically worked :
        A. Suitable for use with the articles of subheading No 90.05 ,
            90.07 B or 90.09 B                                                23%       7%               Free
 90.05  Refracting telescopes (monocular and binocular), prismatic or not     23%       7%               Free
 90.07  Photographic cameras ; photographic flashlight apparatus :
        B. Other                                                              25 %      5%                Free
 90.08  Cinematographic cameras, projectors, sound recorders and sound
        reproducers ; any combination of these articles                       25 %       5%               Free
 90.09  Image projectors (other than cinematographic projectors); photo­
        graphic (except cinematographic) enlargers and reducers :
        B. Other                                                              25 %       5%               Free
 90.16  Drawing, marking-out and mathematical calculating instruments,
        drafting machines, pantographs, slide-rules, disc calculators and
        the like ; measuring or checking instruments, appliances and ma­
        chines, not falling within any other heading of this Chapter (for
        example micrometers, callipers, gauges, measuring rods, balancing
        machines); profile projectors :
        A. Measuring rods, tape measures, spring rules and the like           23%        7%               Free
 91.01  Pocket-watches, wrist-watches and other watches, including stop­
        watches                                                               27 % %     2 y2 %           Free
 91.02  Clocks with watch movements (excluding clocks of heading No
        91.03)                                                                25%        5%               Free
 91.04  Other clocks :
        A. Tower clocks                                                        Free      Free             Free
        B. Other                                                              25%       5%                Free
 92.01  Pianos (including automatic pianos, whether or not with key­
        boards); harpsichords and other keyboard stringed instruments ;
        instruments ; harps but not including aeolian harps        '          25%        5%               Free
 92.02  Other string musical instruments                                      25%       5%                Free
 92.03  Pipe and reed organs, including harmoniums and the like               25%       5%                Free
 92.04  Accordions, concertinas and similar musical instruments ; mouth
        organs                                                                25%       5%                Free
 92.05  Other wind musical instruments                                       25%        5%               Free
 92.06  Percussion musical instruments (for example drums, xylophones,
        cymbals, castanets)                                                  25%        5%               Free
 92.07  Electro-magnetic, electrostatic, electronic and similar musical
        instruments (for example, pianos, organs, accordions)                25%        5%                Free
 ---pagebreak--- 110                                             Official Journal of the European Communities
                                                                                                         Charges
    East
  African
                                               Description of goods                                              Customs duty
   Tariff                                                                                      Fiscal
     No
                                                                                               entry
                                                                                                             Full            EEC
    92.08       Musical instruments not falling within any other heading of this
                Chapter (for example, fairground organs , mechanical street organs,
                musical boxes, musical saws); mechanical singing birds ; decoy calls
                and effects of all kinds ; mouth-blown sound signalling instruments
                (for example, whistles and boatswains's pipes)                                 25 %         5%               Free
    92.09        Musical instrument strings                                                    25 %         5%               Free
    92.10       Parts and accessories of musical instruments (other than strings),
                including perforated music rolls and mechanisms for musical
                boxes ; metronomes , tuning forks and pitch pipes of all kinds                 25%          5%               Free
    92.11       Gramophones, dictating machines and other sound recorders and
                reproducers, including record-players and tape decks, with or with­
                out sound heads ; television image and sound recorders and repro­
                ducers, magnetic                                                               30%          7y2 %            Free
    92.12       Gramophone records and other sound or similar recordings ; ma­
                trices for the production of records, prepared record blanks, film
                for mechanical sound recording, prepared tapes, wires, strips and
                like articles of a kind commonly used for sound or similar re­
                cording :
                C. Gramophone records                                                           each
                                                                                             Sh 1 /25 or
                                                                                              32 y2 %       5%               Free
                D. Other                                                                       25%          5%               Free
    92.13       Other parts and accessories of apparatus falling within heading                35%          2 y2 %           Free
                No 92.11
(♦) These concessionary rates will be altered to their metric equivalents on 1 January 1970.
 ---pagebreak---                            Official Journal of the European Communities                                 111
                                           PROTOCOL No 4
 concerning the concept of 'originating products' for the purpose of implementing the Associa­
                                            tion Agreement
THE CONTRACTING PARTIES,
HAVE AGREED upon the following provisions, which are annexed to the Agreement :
                                                Article 1
On the basis of a draft prepared by the Commission of the European Communities, the Asso­
 ciation Council shall lay down at its first session the definition of the concept of 'originating
 products' for the purpose of implementing Title I of the Agreement. It shall also determine the
 methods of administrative cooperation.
                                                Article 2
The Member States and the Partner States of the East African Community shall apply their
 respective regulations until the provisions referred to in Article 1 become operative.
                                          PROTOCOL No 5
concerning the implementation of the Association Agreement and the establishment of inter­
                      national agreements on the granting of general preferences
THE CONTRACTING PARTIES,
Desirous of stating clearly their position on the compatibility of the preferences granted to the Euro­
pean Economic Community by the Partner States of the East African Community with the generalized
preferences in the framework of the United Nations Conference on Trade and Development,
HAVE AGREED on the following provisions, which shall be annexed to the Agreement :
The provisions of the Agreement, and in particular Article 3 thereof, do not conflict with the
establishment of a general system of preferences and do not prevent the Partner States of the
East African Community from participating therein.
 Zu Urkund dessen haben die Bevollmächtigten der Vertragsparteien die fünf vorstehenden
 Protokolle unterschrieben.
 En foi de quoi, les plénipotentiaires des Parties Contractantes ont signe les cinq Protocoles
 dont le texte précède.
 In fede di che, i plenipotenziari delle Parti Contraenti hanno Armato i cinque Protocolli il cui
 testo precede.
 Ten blijke waarvan de gevolmachtigden van de Overeenkomstsluitende Partijen de vijf
 bovenstaande Protocollen hebben ondertekend.
 In witness whereof, the Plenipotentiaries of the Contracting Parties have signed the five fore­
 going Protocols.
 Geschehen zu Arusha am 24. September neunzehnhundertneunundsechzig.
 Fait a Arusha, le 24 Septembre mil neuf cent soixante-neuf.
 Fatto a Arusha, il 24 settembre millenovecentosessantanove.
 Gedaan te Arusha, 24 September negentienhonderdnegenenzestig.
 ---pagebreak--- 112                            Official Journal of the European Communities
     Done at Arusha on 24 September nineteen hundred and sixty-nine.
     Pour Sa Majeste le Roi des Belges,
    Voor Zijne Majesteit de Konmg der Belgen,
                   Joseph VAN DER MEULEN
     Fur den Präsidenten der Bundesrepublik Deutschland,
                   Gunther HARKORT
    Pour le President de la République Française,
                   Yon BOURGES
    Per il Presidente della Repubblica Italiana,
                   Manus PEDlNI
    Pour Son Altesse Royale le Grand-Duc de Luxembourg,
                   Ganges DUPONG
    Voor Hare Majesteit de Koningin der Nederlanden,
                   H.J. de KOSTER
    Dm Namen des Slate der Europaischen Gemeinschaften,,
    Pour Ee Conseil des Communautés Européennes,
    Per i Consiglio delle Comunità Europee,
    Voor de Raad der Europese Gemeenschappen,
                   Franco Maria MALFATTI                          Henri ROCHEREAU
    Mit dem VoitehaSt,       dass rar die Europäische Wirtschaftsgemeinschaft erst damn endgültig
    eine VefpffieMamg besteht,      wernn sie den anderen Vertragsparteien notifiziert hat, dass die
    durch den Vertrag air Grundung der Europaissbea Wirtschaftsgemeinschaft vorgeschrie­
    benen V<srfsfesa    slattedHaito haben.
    Sous reserve «gaie la Communauté Economique Européenne ne sera définitivement engagée
    qu'après notification aus autres Parties contractantes de l'accomplissement des proceédures
    requises pse Ee Traité instituant la Communauté Economique Européenne.
    Com riserva che Sa Comunità Economica Europea sarà definitivamente vincolata soltanto
    dopo notifica ale altra Parti Contraenti dell'espletamento delle procedure richieste dal Trat­
    tato che istituisce la Comunità Economica Europea.
    Onder voorbehoud dat de Europese Economische Gemeenschap eerst definitief gebonden zal
    zijn na kennisgeving aan de andere Overeenkomstluitende Partijen van de vervulling der door
    Biet Verdrag tel oprichting ma de Europese Economische Gemeenschap vereiste procedures.
    Provided that the Community shall be finally bound only after the other Contracting Parties
    have been notified that the procedures required by the Treaty establishing the European
    Community leave been completed!
    For the President of the United Republic of Tanzania,
                  Aboud Mohamoud MAALIM
    For the President of the Republic of Uganda,
                  William Wilberforce KALEMA
    For tie President of the Republic of Kenya,
                  Mwai KI6AKI
 ---pagebreak---                         Official Journal of the European Communities                          113
                                          FINAL ACT
                                   and Declarations annexed
                                         ( 70/547/EEC)
The Plenipotentiaries of
His Majesty the King of the Belgians,
The President of the Federal Republic of Germany*
The President of the French Republic ,
The President of the Italian Republic,
His Royal Highness the Grand Duke of Luxembourg,
Her Majesty the Queen of the Netherlands, and
The Council of the European Communities,
on the one hand, and of
The President of the United Republic of Tanzania,
The President of the Republic of Uganda,
The President of the Republic of Kenya,
on the other hand,
assembled at Arusha on 24 September nineteen hundred sixty-nine for the purpose of signing
an Agreement establishing an Association between the European Economic Community and
the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya, have
adopted the following instruments :
- The Agreement establishing an Association between the European Economic Community
    and the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya,
- The Protocols listed below :
    Protocol No 1 concerning the implementation of Article 2 (2) of the Association Agree­
                   ment;
    Protocol No 2 concerning unroasted coffee, cloves and tinned pineapple;
    Protocol No 3 concerning the implementation of Article 3 of the Association Agreement :
    Protocol No 4 concerning the concept of 'originating products' for the purpose of imple­
                   menting the Association Agreement;
    Protocol No 5 concerning the implementation of the Association Agreement and the es­
                   tablishment of international agreements on the granting of general prefer­
                   ences .
The Plenipotentiaries have equally adopted the declarations which are enumerated below and
annexed to this Final Act :
1 . Declaration by the Delegation of the European Economic Community concerning nuclear
    products (Annex I);
 ---pagebreak--- 114                          Official Journal of the European Communities
     2. Declaration by the Delegation of the European Economic Community and by the Delega­
         tion of the Partner States of the East African Community concerning Article 2 of the
         Association Agreement (Annex II);
     3 . Declaration by the Delegation of the European Economic Community and by the Delega­
         tion of the Partner States of the East African Community concerning petroleum products
         (Annex III);
     4. Declaration by the Delegation of the European Economic Community and by the Delega­
         tion of the Partner States of the East African Community concerning a good offices
         procedure (Annex IV).
     The Plenipotentiaries have furthermore taken note of the declarations which are enumerated
     below and annexed to this Final Act :
     1 . Declaration by the Delegation of the Partner States of the East African Community con­
         cerning the implementation of Article 6 (2) of the Association Agreement (Annex V);
     2. Declaration by the Delegation of the Partner States of the East African Community
         concerning the implementation of Articles 6 and 22 of the Association Agreement (Annex
         VI);
     3 . Declaration by the Delegation of the European Economic Community concerning the
         implementation of Protocol No 4 to the Association Agreement (Annex VII);
     4. Declaration by the Representative of the Government of the Federal Republic of Ger­
         many concerning the definition of German nationals (Annex VIII);
     5 . Declaration by the Representative of the Government of the Federal Republic of Ger­
         many concerning the application of the Association Agreement to Berlin (Annex IX).
    Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter
    diese Schlussakte gesetzt.
    En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent
    Acte final .
    In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente
    Atto finale.
    Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Slo­
    takte heben gesteld.
    In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this
    Final Act.
    Geschehen zu Arusha am 24. September neunzehnhundertneunundsechzig.
    Fait a Arusha, le 24 septembre mil neuf cent soixante-neuf.
    Fatto a Arusha, il 24 settembre millenovecentosessantanove.
    Gedaan te Arusha, 24 september negentienhonderdnegenenzestig.
    Done at Arusha on 24 September nineteen hundred and sixty-nine.
    Pour Sa Majeste le Roi des Belges,
    Voor Zijne Majesteit de Koning der Belgen,
                   Joseph VAN DER MEULEN
    Fur den Präsidenten der Bundesrepublik Dutschland,
                   Gunther HARKORT
    Pour le President de la Republique Française,
                   Yvon BOURGES
 ---pagebreak---                              Official Journal of the European Communities                              115
  Per il Presidente della Repubblica Italiana,
                 Mario PEDINI
  Pour Son Altesse Royale le Grand-Duc de Luxembourg,
                 Georges DUPONG
  Voor Hare Majesteit de Koningin der Nederlanden,
                 HJ . de KOSTER
  Im Namen des Rates der Europaischen Gemeinschaften,
  Pour le Conseil des Communautés Européennes,
  Per il Consiglio delle Comunità Europee,
  Voor de Raad der Europese Gemeenschappen,
                 H.J. de KOSTER                          Henri ROCHEREAU
  Mit dem Vorbehalt, dass für die Europaische Wirtschaftsgemeinschaft erst dann endgültig
  eine Verpflichtung besteht, wenn sie den anderen Vertragsparteien notifiziert hat, dass die
  durch den Vertrag zur Gründung der Europaischen Wirtschaftsgemeinschaft vorgeschrie­
  benen Verfahren stattgefunden haben.
  Sous reserve que la Communauté Economique Européenne ne sera définitivement engagée
  qu'après notification aux autres Parties Contractantes de l'accomplissement des procédures
  requises par le Traité instituant la Communauté Economique Européenne.
- Con riserva che la Comunità Economica Europea sarà definitivamente vincolata soltanto
  dopo notifica alle altre Parti Contraenti dell'espletamento delle procedure richieste dal Trat­
  tato che istituisce la Comunità Economica Europea.
  Onder voorbehoud dat de Europese Economische Gemeenschap eerst definitief gebonden zal
  zijn na kennisgeving aan de andere Overeenkomstsluitende Partijen van de vervulling der
  door het Verdrag tot oprichting van de Europese Economische Gemeenschap vereiste proce­
  dures.
  Provided that the Community shall be finally bound only after the other Contracting Parties
  have been notified that the procedures required by the Treaty establishing the European
  Economic Community have been completed.
  For the President of the United Republic of Tanzania,
                 Abdulraman Mohamed Babu
  For the President of the Republic of Uganda,
                 William Wilberforce KALEMA
  For the President of the Republic of Kenya,
                 Mwai KIBAKI
                                                 ANNEX I
      Declaration by the Delegation of the European Economic Community concerning nuclear products
  It follows from the combined provisions of the Treaty establishing the European Atomic Energy Com­
  munity and the Treaty establishing the European Economic Community that the provisions of Title I of
  the Agreement shall apply to the goods and products covered by Articles 92 onwards of the Treaty
  establishing the European Atomic Energy Community.
 ---pagebreak--- 116                             Official Journal of the European Communities
                                                      ANNEXII
    Declaration by the Delegation of the European Economic Community and by the Delegation of the
         Partner States of the East African Community concerning Article 2 of the Association Agreement
    The Contracting Parties agree to hold consultations within the Association Council as regards any dif­
    ficulties which may arise in respect of goods and products exported from the Partner States of the East
    African Community competing with like products originating in the Associated African and Malagasy
    States or in other Associated States, Countries or Territories whose economic structure and production
    are comparable with those of the Associated African and Malagasy States.
                                                      ANNEX III
     Declaration by the Delegation of the European Economic Community and by the Delegation of the
                   Partner States of the East African Community concerning petroleum products
    In respect of petroleum products, the European Economic Community reserves the right to change the
    arrangements stipulated in Title I of the Agreement when a common policy is established.
    In this event, the European Economic Community shall accord imports of such products originating in
    the Partner States of the East African Community advantages comparable with those stipulated in the
    Agreement.
                                                      ANNEX IV
    Declaration by the Delegate® off the European Economic Community and by the Delegation of the
                Partner States off the Easft African Community concerning a good offices procedure
    Any Contracting Parties that are parties to a dispute within the meaning of Article 28 of the Agreement
    are prepared, if circumstances permit, and subject to the Association Council being informed so that
    any parties concerned may assert their rights, to have recourse, before bringing the dispute before the
    Association Council, to a good offices procedure.
                                                      ANNEX V
    Declaration by the Delegation of the Partner States of the East African Community concerning the
                            implementation of Article 6 (2) of the Association Agreement
    The Partner States of the East African Community undertake not to apply any quantitative restrictions
     in such a way as would diminish the effect of the tariff advantages granted to the European Economic
    Community and set out in the Schedule annexed to Protocol No 3 .
                                                     ANNEX VI
    Declaration by the Delegation of the Partner States of the East African Community concerning the
                         implementation of Articles 6 and 22 of the Association Agreement
    The Partner States of the East African Community have noted the anxieties expressed by the Member
    States of the European Economic Community as regards the implementation of the provisions of Arti­
    cles 6 and 22 of the Agreement, and hereby undertake not to treat the said Member States or their na­
    tionals or companies less favourable than the most favoured third country.
 ---pagebreak---                           Official Journal of the European Communities                                   117
                                                 ANNEX VU
Declaration by the Delegation of the European Economic Community coocenvg the implementation
                              of Protocol No 4 to the Association Agreement
During the negotiations the Delegation ofthe European Economic Community informed the Delegation
of the Partner States of the East African Community that it is important that the definition of the con­
cept of 'originating products' for the purpose of implementing the Agreement should as far as possible
be identical with the definition of the concept of 'originatingproducts' for the purpose of implementing
the Association Convention signed at Yaounde on 29 July 1969.
                                                ANNEX Vm
Declaration by the Representative of the Government of the Federal Republic of Germany concerning
                                     die definition of German nationals
All Germans within the meaning of the Basic Law for the Federal Republic of Germany shall be
deemed to be nationals of the Federal Republic of Germany.
                                                ANNEXIX
Declaration by the Representative of the Government of the Federal Republic of Germany copceniug
                         the application ofthe Association Agreement to Bcxim
The Agreement shall also apply to Land Berlin unless the Government of the Federal Republic of Ger­
many makes a declaration to the contrary to the other Contracting Parties within a period of three
months from the coming into force of the Agreement.