Information relating to the entry into force of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States and the Hashemite Kingdom of Jordan
L 129/166 EN Official Journal of the European Communities 15. 5. 2002 FINAL ACT The plenipotentiaries of: THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY and the Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ‘the Member States’, and of the EUROPEAN COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY, hereinafter referred to as ‘the Community’, of the one part, and the plenipotentiaries of the HASHEMITE KINGDOM OF JORDAN, hereinafter referred to as ‘Jordan’, of the other part, 15. 5. 2002 EN Official Journal of the European Communities L 129/167 meeting at Brussels on 24 november 1997 for the signature of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, hereinafter referred to as the ‘Euro-Mediterranean Agreement’, have adopted the following texts: the Euro-Mediterranean Agreement, the Annexes thereto and the following Protocols: Protocol 1 concerning the arrangements applicable to the importation into the Community of agricultural products originating in Jordan Protocol 2 concerning the arrangements applicable to imports into Jordan of agricultural products originating in the Community Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation Protocol 4 on mutual assistance between administrative authorities in customs matters. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Jordan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act: Joint Declaration relating to Article 28 of the Agreement Joint Declaration relating to Articles 51 and 52 of the Agreement Joint Declaration on intellectual, industrial and commercial property (Article 56 and Annex VII) Joint Declaration relating to Article 62 of the Agreement Joint Declaration on decentralised cooperation Joint Declaration relating to Title VII of the Agreement Joint Declaration relating to Article 101 of the Agreement Joint Declaration on workers Joint Declaration on cooperation for the prevention and control of illegal immigration Joint Declaration on the protection of data Joint Declaration concerning the Principality of Andorra Joint Declaration concerning the Republic of San Marino. The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Jordan have also taken note of the Agreement in the form of an Exchange of Letters mentioned below and attached to this Final Act: Agreement in the form of an Exchange of Letters between the Community and Jordan concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff. L 129/168 EN Official Journal of the European Communities 15. 5. 2002 Hecho en Bruselas, el veinticuatro de noviembre de mil novecientos noventa y siete. Udfærdiget i Bruxelles, den fireogtyvende november nitten hundrede og sygoghalvfems. Geschehen zu Brüssel am vierundzwanzigsten November neunzehnhundertsiebenundneunzig. ’¯ªØíå ó Øò ´æıîå·ººåò, ó Øò Ø·Œï Ø ôå·óóåæØò ˝ïåìâæØ·ïı ÷Ø·ºØÆ åí ØÆŒï· ØÆ åíåíç·í Æ åð Æ·. Done at Brussels on the twenty-fourth day of November in the year one thousand nine hundred and ninety-seven. Fait à Bruxelles, le vingt-quatre novembre mil neuf cent quatre-vingt-dix-sept. Fatto a Bruxelles, addı` ventiquattro novembre millenovecentonovantasette. Gedaan te Brussel, de vierentwintigste november negentienhonderd zevenennegentig. Feito em Bruxelas, em vinte e quatro de Novembro de mil novecentos e noventa e sete. Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä marraskuuta vuonna tuhatyhdeksänsataayhdeksän- kymmentäseitsemän. Som skedde i Bryssel den tjugofjärde november nittonhundranittiosju. Pour le Royaume de Belgique Voor het Koninkrijk België Für das Königreich Belgien Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale. Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest. Diese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt. På Kongeriget Danmarks vegne 15. 5. 2002 EN Official Journal of the European Communities L 129/169 Für die Bundesrepublik Deutschland ˆØÆ ôçí ¯ººç ØŒç· ˜çì ŒæÆ Ø·Æ Por el Reino de Espan˜ a Pour la République française Thar cheann Na hE´ ireann For Ireland L 129/170 EN Official Journal of the European Communities 15. 5. 2002 Per la Repubblica italiana Pour le Grand-Duché de Luxembourg Voor het Koninkrijk der Nederlanden Für die Republik O¨ sterreich 15. 5. 2002 EN Official Journal of the European Communities L 129/171 Pela Repu´ blica Portuguesa Suomen tasavallan puolesta För Konungariket Sverige For the United Kingdom of Great Britain and Northern Ireland L 129/172 EN Official Journal of the European Communities 15. 5. 2002 Por las Comunidades Europeas For De Europæiske Fællesskaber Für die Europäischen Gemeinschaften ˆØÆ Øò ¯ıæøðÆØ¤Œå·ò ˚ Øíï·ôçôåò For the European Communities Pour les Communautés européennes Per le Comunità europee Voor de Europese Gemeenschappen Pelas Comunidades Europeias Euroopan yhteisöjen puolesta På Europeiska gemenskapernas vägnar 15. 5. 2002 EN Official Journal of the European Communities L 129/173 JOINT DECLARATIONS JOINT DECLARATION ON ARTICLE 28 In order to encourage the progressive establishment of a comprehensive Euro-Mediterranean free trade area, in line with the conclusions of the Cannes European Council and those of the Barcelona Conference, the Parties: — agree to provide in Protocol 3 on the definition of ‘originating products’ for the implementation of diagonal cumulation, before the conclusion and entry into force of free trade agreements between Mediterranean countries, — reaffirm their commitment to the harmonisation of rules of origin across the Euro-Mediterranean free trade area. The Association Council shall take, where necessary, measures to revise the Protocol with a view to respecting this objective. JOINT DECLARATION RELATING TO ARTICLES 51 AND 52 If, during the progressive implementation of the Agreement, Jordan experiences serious balance-of- payments difficulties, Jordan and the Community may hold consultations to work out the best ways and means of helping Jordan cope with these difficulties. Such consultations will take place in conjunction with the International Monetary Fund. JOINT DECLARATION ON INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY (ARTICLE 56 AND ANNEX VII) For the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, patents, industrial designs, geographical including appellations of origin, trademarks and service marks, topographies of integrated circuits, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and protection of undisclosed information on ‘know-how’. indications, JOINT DECLARATION ON ARTICLE 62 The Parties reaffirm their commitment to the Middle East peace process and their belief that peace should be consolidated through regional cooperation. The Community is prepared to support joint development projects submitted by Jordan and other regional parties, subject to relevant Community technical and budgetary procedures. L 129/174 EN Official Journal of the European Communities 15. 5. 2002 JOINT DECLARATION ON DECENTRALISED COOPERATION The Parties reaffirm the importance they attach to decentralised cooperation programs as a means of encouraging exchanges of experience and transfer of knowledge in the Mediterranean region and between the European Community and its Mediterranean partners. JOINT DECLARATION RELATING TO TITLE VII The Community and Jordan will take appropriate action to encourage and assist Jordanian business, through technical and financial support, in modernising existing and setting up new facilities. JOINT DECLARATION RELATING TO ARTICLE 101 1. The Parties agree, for the purposes of the correct interpretation and practical application of the Agreement, that the cases of special urgency referred to in Article 101 of the Agreement mean cases of substantial violation of the Agreement by one of the Parties. A substantial violation of the Agreement consists of: — the repudiation of the Agreement not authorised by the general rules of international law, — the violation of the essential elements of the Agreement set out in Article 2. 2. The Parties agree that the appropriate measures referred to in Article 101 are measures taken in accordance with international law. If one Party takes a measure in a case of special urgency in application of Article 101, the other Party may invoke the dispute settlement procedure. JOINT DECLARATION ON WORKERS The Parties reaffirm the importance they attach to fair treatment of foreign workers legally resident and employed on their territory. The Member States agree that, if Jordan so requests, they are each prepared to consider negotiating bilateral reciprocal agreements relating to working conditions and social security rights of Jordanian and Member States’ workers legally resident and employed in their respective territory. 15. 5. 2002 EN Official Journal of the European Communities L 129/175 JOINT DECLARATION ON COOPERATION FOR THE PREVENTION AND CONTROL OF ILLEGAL IMMIGRATION 1. The Parties agree to cooperate in order to prevent and control illegal immigration. To this end either Party agrees to permit the return of its nationals illegally present on the territory of the other Party upon request by the latter and without further formalities. The Parties will also provide their nationals with appropriate identity documents for such purposes. In respect of the Member States of the European Union, this obligation applies only in respect of those persons who are to be considered their nationals for Community purposes in accordance with Declaration No 2 to the Treaty on European Union. 2. Each Party agrees to conclude, upon request of the other Party, bilateral agreements regulating immigration, specific obligations concerning cooperation for the prevention and control of illegal including an obligation for permitting the return of nationals of other countries and stateless persons who have arrived on the territory of one Party from the other Party. The Association Council shall examine what other joint efforts can be made to prevent and control 3. illegal immigration. Nothing in the implementation of this Joint Declaration shall be construed to contravene or 4. diminish the respective obligations of each Party under applicable standards on human rights. JOINT DECLARATION ON THE PROTECTION OF DATA The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged. JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Jordan as originating in the Community within the meaning of this Agreement. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the 2. abovementioned products. L 129/176 EN Official Journal of the European Communities 15. 5. 2002 JOINT DECLARATION CONCERNING THE REPUBLIC OF SAN MARINO Products originating in the Republic of San Marino shall be accepted by Jordan as originating in the 1. Community within the meaning of this Agreement. Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the 2. abovementioned products. 15. 5. 2002 EN Official Journal of the European Communities L 129/177 AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the Community and Jordan concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 060310 of the Common Customs Tariff A. Letter from the Community Sir, The following was agreed between the Community and Jordan: The current arrangements provide for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 060310 of the Common Customs Tariff and originating in Jordan, subject to a limit of 100 tonnes. Jordan undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff: — the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods, — the Jordanian price level shall be determined by recording the prices of the imported products on representative Community import markets, — the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States, — price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Jordanian prices, — for both Community producer prices and the import prices of Jordanian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations, — if the Jordanian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when a Jordanian price level equal to 85 % or more of the Community price level is recorded. I should be obliged if you would confirm that your Government is in agreement with the contents of this letter. Please accept, Sir, the assurance of my highest consideration. On behalf of the Council of the European Union L 129/178 EN Official Journal of the European Communities 15. 5. 2002 B. Letter from Jordan Sir, I have the honour to acknowledge receipt of your letter of today’s date which reads as follows: ‘The following was agreed between the Community and Jordan: The current arrangements provide for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 060310 of the Common Customs Tariff and originating in Jordan, subject to a limit of 100 tonnes. Jordan undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff: — the price level of imports into the Community must be at least equal to 85 % of the Community price level for the same products over the same periods, — the Jordanian price level shall be determined by recording the prices of the imported products on representative Community import markets, — the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States, — price levels will be recorded on a fortnightly basis and weighted by the respective quantities. This provision is valid for Community prices and for Jordanian prices, — for both Community producer prices and the import prices of Jordanian products, a distinction shall be made between large-flowered and small-flowered roses and between unifloral and multifloral carnations, — if the Jordanian price level for any one type of product is below 85 % of the Community price level, the tariff preference shall be suspended. The Community shall reinstate the tariff preference when a Jordanian price level equal to 85 % or more of the Community price level is recorded. I should be obliged if you would confirm that your Government is in agreement with the contents of this letter. ’ I have the honour to confirm that my Government is in agreement with the contents of your letter. Please accept, Sir, the assurance of my highest consideration. For the Government of the Hashemite Kingdom of Jordan 15. 5. 2002 EN Official Journal of the European Communities L 129/179 Information relating to the entry into force of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States and the Hashemite Kingdom of Jordan The exchange of instruments of notification of completion of the procedures necessary for the entry into force of the Euro-Mediterranean Agreement establishing an association between the European Communi- ties and the Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, signed in Brussels on 24 November 1997, having taken place on 27 March 2002, that Agreement consequently entered into force on 1 May 2002 in accordance with Article 107 thereof