22000A0318(01)
In short
This law establishes an association agreement between the European Communities and their Member States, and the Kingdom of Morocco. It aims to strengthen ties, promote political dialogue, and gradually liberalize trade between them.
What it regulates
- The establishment of an association between the European Communities and Morocco.
- Political dialogue and cooperation on various issues, including security and stability in the Mediterranean region.
- The gradual creation of a free trade area for goods, services, and capital.
- Arrangements for imports of agricultural and fishery products between the Community and Morocco.
Who it concerns
- The European Community and its 15 Member States (Belgium, Denmark, Federal Republic of Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, Netherlands, Austria, Portugal, Finland, Sweden, United Kingdom).
- The Kingdom of Morocco.
Key points
- An association is established between the Community and its Member States, and Morocco.
- The agreement aims to establish a free trade area over a transitional period of a maximum of 12 years.
- No new customs duties or equivalent charges shall be introduced in trade between the Community and Morocco.
- Products originating in Morocco shall be imported into the Community free of customs duties and equivalent charges.
Įstatymo tekstas
22000A0318(01) 22000A0318(01) Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the oth
any provisions to the contrary adopted in accordance with paragraph 3, the Parties shall exchange information taking into account the limitations imposed by the requirements of professional and business secrecy. Article 37 The Member States and Morocco shall progressively adjust, without affecting commitments made under the GATT, any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Morocco. The Association Committee will be informed about the measures adopted to implement this objective. Article 38 With regard to public enterprises and enterprises which have been granted special or exclusive rights, the Association Council shall ensure, from the fifth year following the entry into force of this Agreement, that no measure which disturbs trade between the Community and Morocco in a manner which runs counter to the interests of the Parties is adopted or maintained. This provision shall not impede the performance in fact or in law of the specific functions assigned to those enterprises. Article 39 1. The Parties shall provide suitable and effective protection of intellectual, industrial and commercial property rights, in line with the highest international standards. This shall encompass effective means of enforcing such rights. 2. Implementation of this Article and of Annex 7 shall be regularly assessed by the Parties. If difficulties which affect trade arise in connection with intellectual, industrial and commercial property rights, either Party may request urgent consultations to find mutually satisfactory solutions. Article 40 1. The Parties shall take appropriate steps to promote the use by Morocco of Community technical rules and European standards for industrial and agri-food products and certification procedures. 2. Using the principles set out in paragraph 1 as a basis, the Parties shall, when the circumstances are right, conclude agreements for the mutual recognition of certifications. Article 41 1. The Parties shall set as their objective a reciprocal and gradual liberalisation of public procurement contracts. 2. The Association Council shall take the steps necessary to implement paragraph 1. TITLE V ECONOMIC COOPERATION Article 42 Objectives 1. The Parties undertake to step up economic cooperation in their mutual interest and in the spirit of partnership which is at the root of this Agreement. 2. The objective of economic cooperation shall be to support Morocco's own efforts to achieve sustainable economic and social development. Article 43 Scope 1. Cooperation will be targeted first and foremost at areas of activity suffering the effects of internal constraints and difficulties or affected by the process of liberalising Morocco's economy as a whole, and more particularly by the liberalisation of trade between Morocco and the Community. 2. Similarly, cooperation shall focus on areas likely to bring the economies of the Community and Morocco closer together, particularly those which will generate growth and employment. 3. Cooperation shall foster economic integration within the Maghreb using any measures likely to further such relations within the region. 4. Preservation of the environment and ecological balances shall constitute a central component of the various fields of economic cooperation. 5. Where appropriate, the Parties shall determine by agreement other fields of economic cooperation. Article 44 Methods Economic cooperation shall involve methods including: (
- a)regular economic dialogue between the two Parties covering all aspects of macroeconomic policy; (
- b)communication and exchanges of information; (
- c)advice, use of the services of experts and training; (
- d)joint ventures; (
- e)assistance with technical, administrative and regulatory matters. Article 45 Regional cooperation In order to make the most of this Agreement, the Parties shall foster all activities which have a regional impact or involve third countries, notably: (
- a)intra-regional trade within the Maghreb; (
- b)environmental matters; (
- c)the development of economic infrastructure; (
- d)research in science and technology; (
- e)cultural matters; (
- f)customs matters; (
- g)regional institutions and the establishment of common or harmonised programmes and policies. Article 46 Education and training The aim of cooperation shall be to: (
- a)find ways to bring about a significant improvement in education and training, including vocational training; (
- b)place special emphasis on giving the female population access to education, including technical training, higher education and vocational training; (
- c)encourage the establishment of lasting links between specialist bodies on the Parties' territories in order to pool and exchange experience and methods. Article 47 Scientific, technical and technological cooperation The aim of cooperation shall be to: (
- a)encourage the establishment of permanent links between the Parties' scientific communities, notably by means of: - providing Morocco with access to Community research and technological development programmes in accordance with Community rules governing non-Community countries' involvement in such programmes, - Moroccan participation in networks of decentralised cooperation, - promoting synergy in training and research;
- b)improve Morocco's research capabilities;
- c)stimulate technological innovation and the transfer of new technology and know-how;
- d)encourage all activities aimed at establishing synergy at regional level. Article 48 Environment The aim of cooperation shall be to prevent deterioration of the environment, to improve the quality of the environment, to protect human health and to achieve rational use of natural resources for sustainable development. The Parties undertake to cooperate in areas including: (
- a)soil and water quality; (
- b)the consequences of development, particularly industrial development (especially safety of installations and waste); (
- c)monitoring and preventing pollution of the sea. Article 49 Industrial cooperation The aim of cooperation shall be to: (
- a)encourage cooperation between the Parties' economic operators, including cooperation in the context of access for Morocco to Community business networks and decentralised cooperation networks; (
- b)back the effort to modernise and restructure Morocco's public and private sector industry (including the agri-food industry); (
- c)foster an environment which favours private initiative, with the aim of stimulating and diversifying output for the domestic and export markets; (
- d)make the most of Morocco's human resources and industrial potential through better use of policy in the fields of innovation and research and technological development; (
- e)facilitate access to credit to finance investment. Article 50 Promotion and protection of investment The aim of cooperation shall be to create a favourable climate for flows of investment, and to use the following in particular: (
- a)the establishment of harmonised and simplified procedures, co-investment machinery (especially to link small and medium-sized enterprises) and methods of identifying and providing information on investment opportunities; (
- b)the establishment, where appropriate, of a legal framework to promote investment, chiefly through the conclusion by Morocco and the Member States of investment protection agreements and agreements preventing double taxation. Article 51 Cooperation in standardisation and conformity assessment The Parties shall cooperate in developing: (
- a)the use of Community rules in standardisation, metrology, quality control and conformity assessment; (
- b)the updating of Moroccan laboratories, leading eventually to the conclusion of mutual recognition agreements for conformity assessment; (
- c)the bodies responsible for intellectual, industrial and commercial property and for standardisation and quality in Morocco. Article 52 Approximation of legislation Cooperation shall be aimed at helping Morocco to bring its legislation closer to that of the Community in the areas covered by this Agreement. Article 53 Financial services The aim of cooperation shall be to achieve closer common rules and standards in areas including the following: (
- a)bolstering and restructuring Morocco's financial sectors; (
- b)improving accounting, auditing, supervision and regulation of financial services and financial monitoring in Morocco. Article 54 Agriculture and fisheries The aim of cooperation shall be to: (
- a)modernise and restructure agriculture and fisheries through methods including the modernisation of infrastructure and equipment, the development of packaging and storage techniques and the improvement of private distribution and marketing chains; (
- b)diversify output and external markets; (
- c)achieve cooperation in health, plant health and growing techniques. Article 55 Transport The aim of cooperation shall be to: (
- a)achieve the restructuring and modernisation of road, rail, port and airport infrastructure of common interest, in correlation with major trans-European communication routes; (
- b)define and apply operating standards comparable to those found in the Community; (
- c)bring equipment up to Community standards, particularly where multimodal transport, containerisation and transhipment are concerned; (
- d)gradually improve road, maritime and multimodal transit and the management of ports, airports, sea and air traffic and railways. Article 56 Telecommunications and information technology Cooperation shall focus on: (
- a)telecommunications in general; (
- b)standardisation, conformity testing and certification for information technology and telecommunications; (
- c)dissemination of new information technologies, particularly in relation to networks and the interconnection of networks (ISDN - integrated services digital networks - and EDI - electronic data interchange); (
- d)stimulating research on and development of new communication and information technology facilities to develop the market in equipment, services and applications related to information technology and to communications, services and installations. Article 57 Energy Cooperation shall focus on: (
- a)renewable energy; (
- b)promoting the saving of energy; (
- c)applied research relating to networks of databases linking the two Parties' economic and social operators; (
- d)backing efforts to modernise and develop energy networks and the interconnection of such networks with Community networks. Article 58 Tourism The aim of cooperation shall be to develop tourism, particularly with regard to: (
- a)catering management and quality of service in the various fields connected with catering; (
- b)development of marketing; (
- c)promotion of tourism for young people. Article 59 Cooperation in customs matters 1. The aim of cooperation shall be to ensure fair trade and compliance with trade rules. It shall focus on: (
- a)simplifying customs checks and procedures; (
- b)the use of the single administrative document and creating a link between the Community and Moroccan transit systems. 2. Without prejudice to other forms of cooperation provided for in this Agreement, and particularly those provided for in Articles 61 and 62, the Contracting Parties' administrative authorities shall provide mutual assistance in accordance with the terms of Protocol 5. Article 60 Cooperation in statistics The aim of cooperation shall be to bring the methods used by the Parties closer together and to put to use data on all areas covered by this Agreement for which statistics can be collected. Article 61 Money laundering 1. The Parties agree on the need to work towards and cooperate on preventing the use of their financial systems to launder the proceeds of criminal activities in general and drug trafficking in particular. 2. Cooperation in this area shall include administrative and technical assistance with the purpose of establishing suitable standards against money laundering equivalent to those adopted by the Community and international fora in this field, including the Financial Action Task Force (FATF). Article 62 Combating drug use and trafficking 1. The aim of cooperation shall be to: (
- a)improve the effectiveness of policies and measures to prevent and combat the production and supply of and trafficking in narcotics and psychotropic substances; (
- b)eliminate illicit consumption of such products. 2. The Parties shall together set out appropriate strategies and methods of cooperation, in accordance with their own legislation, to attain those objectives. For any action which is not conducted jointly, there shall be consultations and close coordination. Such action may involve the appropriate public and private sector institutions and international organisations, in collaboration with the Government of the Kingdom of Morocco and the relevant authorities in the Community and the Member States. 3. Cooperation shall take the following forms in particular: (
- a)the establishment or expansion of clinics/hostels and information centres for the treatment and rehabilitation of drug addicts; (
- b)the implementation of prevention, information, training and epidemiological research projects; (
- c)the establishment of standards for preventing diversion of precursors and other essential ingredients for the illicit manufacture of narcotics and psychotropic substances, which are equivalent to those adopted by the Community and the appropriate international authorities, particularly the Chemicals Action Task Force (CATF); (
- d)the planning and implementation of programmes providing alternatives to the illicit cultivation of narcotic plants in areas where such cultivation occurs. Article 63 The two Parties shall together establish the procedures needed to achieve cooperation in the fields covered by this title. TITLE VI COOPERATION IN SOCIAL AND CULTURAL MATTERS CHAPTER I WORKERS Article 64 1. The treatment accorded by each Member State to workers of Moroccan nationality employed in its territory shall be free from any discrimination based on nationality, as regards working conditions, remuneration and dismissal, relative to its own nationals. 2. All Moroccan workers allowed to undertake paid employment in the territory of a Member State on a temporary basis shall be covered by the provisions of paragraph 1 with regard to working conditions and remuneration. 3. Morocco shall accord the same treatment to workers who are nationals of a Member State and employed in its territory. Article 65 1. Subject to the provisions of the following paragraphs, workers of Moroccan nationality and any members of their families living with them shall enjoy, in the field of social security, treatment free from any discrimination based on nationality relative to nationals of the Member States in which they are employed. The concept of social security shall cover the branches of social security dealing with sickness and maternity benefits, invalidity, old-age and survivors' benefits, industrial accident and occupational disease benefits and death, unemployment and family benefits. These provisions shall not, however, cause the other coordination rules provided for in Community legislation based on Article 51 of the EC Treaty to apply, except under the conditions set out in Article 67 of this Agreement. 2. All periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old-age, invalidity and survivors' benefits and family, sickness and maternity benefits and also for that of medical care for the workers and for members of their families resident in the Community. 3. The workers in question shall receive family allowances for members of their families who are resident in the Community. 4. The workers in question shall be able to transfer freely to Morocco, at the rates applied by virtue of the legislation of the debtor Member State or States, any pensions or annuities in respect of old age, survivor status, industrial accident or occupational disease, or of invalidity resulting from industrial accident or occupational disease, except in the case of special non-contributory benefits. 5. Morocco shall accord to workers who are nationals of a Member State and employed in its territory, and to the members of their families, treatment similar to that specified in paragraphs 1, 3 and 4. Article 66 The provisions of this chapter shall not apply to nationals of the Parties residing or working illegally in the territory of their host countries. Article 67 1. Before the end of the first year following the entry into force of this Agreement, the Association Council shall adopt provisions to implement the principles set out in Article 65. 2. The Association Council shall adopt detailed rules for administrative cooperation providing the necessary management and monitoring guarantees for the application of the provisions referred to in paragraph 1. Article 68 The provisions adopted by the Association Council in accordance with Article 67 shall not affect any rights or obligations arising from bilateral agreements linking Morocco and the Member States where those agreements provide for more favourable treatment of nationals of Morocco or of the Member States. CHAPTER II DIALOGUE IN SOCIAL MATTERS Article 69 1. The Parties shall conduct regular dialogue on any social matter which is of interest to them. 2. Such dialogue shall be used to find ways to achieve progress in the field of movement of workers and equal treatment and social integration for Moroccan and Community nationals residing legally in the territories of their host countries. 3. Dialogue shall cover in particular all issues connected with: (
- a)the living and working conditions of the migrant communities; (
- b)migration; (
- c)illegal immigration and the conditions governing the return of individuals who are in breach of the legislation dealing with the right to stay and the right of establishment in their host countries; (
- d)schemes and programmes to encourage equal treatment between Moroccan and Community nationals, mutual knowledge of cultures and civilisations, the furthering of tolerance and the removal of discrimination. Article 70 Dialogue on social matters shall be conducted at the same levels and in accordance with the same procedures as provided for in Title I of this Agreement, which can itself provide a framework for that dialogue. CHAPTER III COOPERATION IN THE SOCIAL FIELD Article 71 1. With a view to consolidating cooperation between the Parties in the social field, projects and programmes shall be carried out in any area of interest to them. Priority will be afforded to the following projects: (
- a)reducing migratory pressure, in particular by improving living conditions, creating jobs and developing training in areas from which emigrants come; (
- b)resettling those repatriated because of their illegal status under the legislation of the state in question; (
- c)promoting the role of women in the economic and social development process through education and the media in step with Moroccan policy on the matter; (
- d)bolstering and developing Morocco's family planning and mother and child protection programmes; (
- e)improving the social protection system; (
- f)enhancing the health cover system; (
- g)implementing and financing exchange and leisure programmes for mixed groups of Moroccan and European young people residing in the Member States, with a view to promoting mutual knowledge of their respective cultures and fostering tolerance. Article 72 Cooperation schemes may be carried out in coordination with Member States and relevant international organisations. Article 73 A working party shall be set up by the Association Council by the end of the first year following the entry into force of this Agreement. It shall be responsible for the continuous and regular evaluation of the implementation of Chapters I to III. CHAPTER IV COOPERATION ON CULTURAL MATTERS Article 74 1. In order to boost mutual knowledge and understanding, taking account of activities already carried out, the Parties shall undertake - while respecting each other's culture - to provide a firmer footing for lasting cultural dialogue and to promote continuous cultural cooperation between them, without ruling out a priori any field of activity. 2. In putting together cooperation projects and programmes and carrying out joint activities, the Parties shall place special emphasis on young people, on written and audio-visual means of expression and communication, and on the protection of their heritage and the dissemination of culture. 3. The Parties agree that cultural cooperation programmes already under way in the Community or in one or more of its Member States may be extended to Morocco. TITLE VII FINANCIAL COOPERATION Article 75 With a view to full attainment of this Agreement's objectives, financial cooperation shall be implemented for Morocco in line with the appropriate financial procedures and resources. These procedures shall be adopted by mutual agreement between the Parties by means of the most suitable instruments once this Agreement enters into force. In addition to the areas covered by the Titles V and VI of this Agreement, cooperation shall entail: - facilitating reforms aimed at modernising the economy, - updating economic infrastructure, - promoting private investment and job creation activities, - taking into account the effects on the Moroccan economy of the progressive introduction of a free trade area, in particular where the updating and restructuring of industry is concerned, - flanking measures for policies implemented in the social sectors. Article 76 Within the framework of Community instruments intended to buttress structural adjustment programmes in the Mediterranean countries - and in close coordination with the Moroccan authorities and other contributors, in particular the international financial institutions - the Community will examine suitable ways of supporting structural policies carried out by Morocco to restore financial equilibrium in all its key aspects and create an economic environment conducive to boosting growth, while at the same time enhancing social welfare. Article 77 In order to ensure a coordinated approach to dealing with exceptional macroeconomic and financial problems which could stem from the progressive implementation of this Agreement, the Parties shall closely monitor the development of trade and financial relations between the Community and Morocco as part of the regular economic dialogue established under Title V. TITLE VIII INSTITUTIONAL, GENERAL AND FINAL PROVISIONS Article 78 An Association Council is hereby established which shall meet at ministerial level once a year and when circumstances require, on the initiative of its Chairman and in accordance with the conditions laid down in its Rules of Procedure. It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest. Article 79 1. The Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and of members of the Government of the Kingdom of Morocco, on the other. 2. Members of the Association Council may arrange to be represented, in accordance with the provisions laid down in its Rules of Procedure. 3. The Association Council shall establish its Rules of Procedure. 4. The Association Council shall be chaired in turn by a member of the Council of the European Union and a member of the Government of the Kingdom of Morocco in accordance with the provisions laid down in its Rules of Procedure. Article 80 The Association Council shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in the cases provided for therein. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Association Council may also make appropriate recommendations. It shall draw up its decisions and recommendations by agreement between the two Parties. Article 81 1. Subject to the powers of the Council, an Association Committee is hereby established which shall be responsible for the implementation of the Agreement. 2. The Association Council may delegate to the Association Committee, in full or in part, any of its powers. Article 82 1. The Association Committee, which shall meet at the level of officials, shall consist of representatives of members of the Council of the European Union and of members of the Commission of the European Communities, on the one hand, and of representatives of the Government of the Kingdom of Morocco, on the other. 2. The Association Committee shall establish its Rules of Procedure. 3. The Association Committee shall be chaired in turn by a representative of the Presidency of the Council of the European Union and by a representative of the Government of the Kingdom of Morocco. The Association Committee shall normally meet alternately in the Community and in Morocco. Article 83 The Association Committee shall have the power to take decisions for the management of the Agreement as well as in those areas in which the Council has delegated its powers to it. It shall draw up its decisions by agreement between the Parties. These decisions shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. Article 84 The Association Council may decide to set up any working group or body necessary for the implementation of the Agreement. Article 85 The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the parliamentary institutions of the Kingdom of Morocco, and between the Economic and Social Committee of the Community and its counterpart in the Kingdom of Morocco. Article 86 1. Either Party may refer to the Association Council any dispute relating to the application or interpretation of this Agreement. 2. The Association Council may settle the dispute by means of a decision. 3. Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2. 4. In the event of it not being possible to settle the dispute in accordance with paragraph 2, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute. The Association Council shall appoint a third arbitrator. The arbitrators' decisions shall be taken by majority vote. Each party to the dispute shall take the steps required to implement the decision of the arbitrators. Article 87 Nothing in this Agreement shall prevent a Contracting Party from taking any measures: (
- a)which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (
- b)which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; (
- c)which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security. Article 88 In the fields covered by this Agreement, and without prejudice to any special provisions contained therein: - the arrangements applied by the Kingdom of Morocco in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, or their companies or firms, - the arrangements applied by the Community in respect of the Kingdom of Morocco shall not give rise to any discrimination between Moroccan nationals or its companies or firms. Article 89 Nothing in this Agreement shall have the effect of: - extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound, - preventing the adoption or application by either Party of any measure aimed at preventing fraud or the evasion of taxes, - opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in an identical situation as regards their place of residence. Article 90 1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained. 2. If either Party considers that the other Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests. Article 91 Protocols 1 to 5, Annexes 1 to 7 and the Declarations shall form an integral part of this Agreement. The Declarations and Exchanges of Letters can be found in the Final Act, which shall likewise form an integral part of this Agreement. Article 92 For the purposes of this Agreement, "Parties" shall mean, on the one hand, the Community or the Member States, or the Community and its Member States, in accordance with their respective powers, and, on the other hand, Morocco. Article 93 This Agreement shall be concluded for an unlimited period. Either Party may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply six months after the date of such notification. Article 94 This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community and the European Coal And Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand to the territory of the Kingdom of Morocco. Article 95 This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic. Article 96 1. This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed. 2. Upon its entry into force, this Agreement shall replace the Cooperation Agreement between the European Community and the Kingdom of Morocco and the Agreement between the Member States of the European Coal and Steel Community and the Kingdom of Morocco, signed in Rabat on 25 April 1976. Hecho en Bruselas, el veintisłis de febrero de mil novecientos noventa y seis. Udfördiget i Bruxelles, den seksogtyvende februar nitten hundrede og seksoghalvfems. Geschehen zu BrŽssel am sechsundzwanzigsten Februar neunzehnhundertsechsundneunzig. >ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ąžł Öõņę˙įńęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ąžł. >ISO_1>Done at >ISO_7>Ā>ISO_1>russels on the twenty-sixth day of February in the year one thousand nine hundred and ninety-six. Fait š Bruxelles, le vingt-six fłvrier mil neuf cent quatre-vingt-seize. Fatto a Bruxelles, addü ventisei febbraio millenovecentonovantasei. Gedaan te Brussel, de zesentwintigste februari negentienhonderd zesennegentig. Feito em Bruxelas, em vinte e seis de Fevereiro de mil novecentos e noventa e seis. Tehty Brysselissō kahdentenakymmenentenōkuudentena pōivōnō helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi. 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- By the end of the fourth year after the entry into force of the Agreement, Morocco shall accede to the following multilateral conventions on the protection of intellectual, industrial and commercial property: - International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome, 1961), - Budapest Treaty on the International Recognition of the Deposit of Micro-Oganisms for the Purposes of Patent Procedure (1977, amended in 1980), - Patent Cooperation Treaty (1970, amended in 1979 and modified in 1984), - International Convention for the Protection of the New Varieties of Plants (Act of Geneva, 1991).
- The Association Council may decide that paragraph 1 of this Annex applies to other multilateral conventions in this field.
- The Contracting Parties express their attachment to observing the obligations flowing from the following multilateral conventions: - Paris Convention for the Protection of Industrial Property in the 1967 Act of Stockholm (Paris Union), - Madrid Agreement concerning the International Registration of Marks in the 1969 Act of Stockholm (Madrid Union), - Berne Convention for the Protection of Literary and Artistic Works in the Act of Paris of 24 July 1971, - Protocol relating to the Madrid Agreement concerning the International Registration of Marks
- a)and in column (c), as referred to in paragraph 3, shall apply only to the ad valorem customs duty. 3. The customs duties shall be eliminated in respect of certain products within the limits of the tariff quotas shown against them in column (b). The Common Customs Tariff duties in respect of the quantities imported in excess of the quotas shall be reduced by the percentage indicated in column (c). 4. The reference quantities fixed in respect of certain other products exempt from customs duties are shown in column (d). Where imports of a product exceed the reference quantities, the Community may, having regard to an annual review of trade flows which it shall carry out, make the product concerned subject to a Community tariff quota the volume of which shall be equal to the reference quantity. In such a case, for quantities imported in excess of the quota, the Common Customs Tariff duty shall, according to the product concerned, be applied in full or reduced, as indicated in column (c). 5. For some of the products referred to in paragraphs 3 and 4 and indicated in column (e), the quotas or reference quantities shall be increased from 1 January 1997 to 1 January 2000 on the basis of four equal instalments each corresponding to 3 % of these amounts. 6. For some of the products other than those referred to in paragraphs 3 and 4 and indicated in column (e), the Community may fix a reference quantity as provided for in paragraph 4 if, in the light of the annual review of trade which it shall carry out, it establishes that the volume of imports may cause difficulties on the Community market. If, subsequently, the product is subject to a tariff quota under the conditions set out in paragraph 4, the Common Customs Tariff duty shall be applied in full or reduced, depending on the product concerned, by the percentage shown in column (
- c)in respect of the quantities imported in excess of the quota. Article 2 1. In the case of the products originating in Morocco which are referred to in Articles 3 and 4, the entry price levels from which specific duties will be reduced to zero shall be the prices hereinafter referred to as "agreed entry prices", within the limits of the maximum quantities, periods and conditions stipulated in those Articles. 2. These agreed entry prices shall be reduced in the same proportions and at the same pace as the entry prices bound with the WTO. 3. (
- a)If the entry price of a particular lot is 2 %, 4 %, 6 % or 8 % below the agreed entry price, the specific customs duty shall be 2 %, 4 %, 6 % or 8 % of the agreed entry price, as appropriate. (
- b)If the entry price of a particular lot is below 92 % of the agreed entry price, the specific customs duty bound with the WTO shall apply. 4. Morocco hereby undertakes to ensure that total exports to the Community during the periods and under the conditions specified in this Protocol do not exceed the quantities agreed upon in Articles 3 and 4. 5. The aim of the specific arrangements established by this Article shall be to preserve the level of Morocco's traditional exports to the Community and to avoid disturbing Community markets. 6. The two Parties shall consult each other during the second half of every year in order to examine trade for the previous year. Such consultations may also take place at any time if one of the Parties so requests, within three working days of that request. The Parties shall take whatever steps are appropriate to ensure that the objective described in Article 2
- a)>TABLE POSITION> (
- b)From 1 November to 31 March: (
- i)if, in any given month, the quantity specified in subparagraph (
- a)has not been used up, the balance of that quantity, up to 20 %, may be carried over to the next month; (
- ii)the quantity specified may be exceeded by up to 20 % in any given month, provided that the overall limit of 145676 tonnes is not exceeded. (
- c)Morocco shall notify the Commission of weekly exports to the Community within a space of time which allows precise and accurate reporting. That space of time must not exceed 15 days. 2. For fresh courgettes falling within CN code 070990: (
- a)from 1 October to 20 April and for a maximum quantity of 5000 tonnes, the entry price level from which specific duties will be reduced to zero shall be ECU 451 per tonne. (
- b)Morocco shall notify the Commission monthly of the quantities exported during the previous month. Article 4 >TABLE POSITION> ANNEX >TABLE POSITION> PROTOCOL 2 on the arrangements applying to imports into the Community of fishery products originating in Morocco Article 1 The products listed below, originating in Morocco, shall be imported into the Community free of customs duties. >TABLE POSITION> Article 2 Imports into the Community of prepared or preserved sardines of CN codes 16041311, 1604 13 19 and ex 1604 20 50 originating in Morocco shall be covered by the arrangements established by Article 1, subject to the following provisions: From 1 January to 31 December 1996: - tariff exemption up to a Community tariff quota of 19500 tonnes; - for imports beyond the level of the quota, 6 % customs duty. From 1 January to 31 December 1997: - tariff exemption up to a Community tariff quota of 21000 tonnes; - for imports beyond the level of the quota, 5 % customs duty. From 1 January to 31 December 1998: - tariff exemption up to a Community tariff quota of 22500 tonnes; - for imports beyond the level of the quota, 4 % customs duty. PROTOCOL 3 on the arrangements applying to imports into Morocco of agricultural products originating in the Community Sole Article The customs duties on import into Morocco of the products originating in the Community listed in the Annex shall not be higher than those shown in column (
- a)within the limits of the tariff quotas shown in column (b). ANNEX >TABLE POSITION> PROTOCOL 4 concerning the definition of originating products and methods of administrative cooperation TITLE I GENERAL PROVISIONS Article 1 Definitions For the purposes of this Protocol: (
- a)"manufacture" means any kind of working or processing including assembly or specific operations; (
- b)"material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product; (
- c)"product" means the product being manufactured, even if it is intended for later use in another manufacturing operation; (
- d)"goods" means both materials and products; (
- e)"customs value" means the value as determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade of 1994 (WTO Agreement on customs valuation); (
- f)"ex-works price" means the price paid for the product ex-works to the manufacturer in whose undertaking the last working or processing is carried out, including the value of all the materials used, minus all internal taxes which are, or may be, repaid when the product obtained is exported; (
- g)"value of materials" means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the territories concerned; (
- h)"value of originating materials" means the customs value of such materials as defined in point (
- g)applied mutatis mutandis; (
- i)"chapters" and "headings" means the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System, referred to in this Protocol as "the Harmonized System" or "HS"; (
- j)"classified" refers to the classification of a product or material under a particular heading; (
- k)"consignment" means products which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice. TITLE II DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS" Article 2 Origin criteria For the purpose of implementing this Agreement and without prejudice to the provisions of Articles 3, 4 and 5 of this Protocol, the following products shall be considered as:
- a)products wholly obtained in the Community, within the meaning of Article 6 of this Protocol; (
- b)products obtained in the Community which contain materials not wholly obtained there, provided that the said materials have undergone sufficient working and processing in the Community within the meaning of Article 7 of this Protocol;
- a)products wholly obtained in Morocco within the meaning of Article 6 of this Protocol; (
- b)products obtained in Morocco which contain materials not wholly obtained there, provided that the said materials have undergone sufficient working or processing in Morocco within the meaning of Article 7 of this Protocol. Article 3 Bilateral cumulation 1.
Article 2
Article 2
Article 2
Article 2
- The provisions set out in paragraphs 1 and 2 concerning materials originating in Algeria are only applicable to the extent that trade between the Community and Algeria, and between Morocco and Algeria, is governed by identical rules of origin.
- The provisions set out in paragraphs 1 and 2 concerning materials originating in Tunisia are only applicable to the extent that trade between the Community and Tunisia and between Morocco and Tunisia, is governed by identical rules of origin. Article 5 Cumulation of working or processing
- For the purpose of implementing Article 2
- Where pursuant to the provisions of paragraph 1 or 2 the originating products are obtained in two or more of the States referred to in those provisions or in the Community, they shall be considered as originating products of the State or the Community according to where the last working or processing took place, provided that that working or processing went beyond that referred to in Article
- Article 6 Wholly obtained products
- Within the meaning of Article 2
- a)mineral products extracted from their soil or from their seabed; (
- b)vegetable products harvested there; (
- c)live animals born and raised there; (
- d)products from live animals raised there; (
- e)products obtained by hunting or fishing there; (
- f)products of sea fishing and other products taken from the sea by their vessels; (
- g)products made aboard their factory ships exclusively from products referred to in subparagraph (f); (
- h)used articles collected there fit only for the recovery of raw materials, including used tyres fit only for retreading or use as waste; (
- i)waste and scrap resulting from manufacturing operations conducted there; (
- j)products extracted from marine soil or subsoil outside their territorial waters provided that they have sole rights to work that soil or subsoil; (
- k)goods produced exclusively from products specified in subparagraphs (
- a)to (j). 2. The terms "their vessels" and "their factory ships" in paragraph 1(
- f)and (
- g)shall apply only to vessels and factory ships: - which are registered or recorded in a Member State or in Morocco, - which sail under the flag of a Member State or of Morocco, - which are owned to the extent of at least 50 % by nationals of Member States or of Morocco, or by a company with its head office in a Member State or in Morocco, of which the manager or managers, chairman of the board of directors or the supervisory board and the majority of the members of such boards are nationals of Member States or of Morocco and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to Member States or Morocco, to public bodies or to nationals of the Member States or Morocco, - of which the master and officers are nationals of Member States or of Morocco, - of which at least 75 % of the crew are nationals of Member States or of Morocco. 3. In so far as trade between Morocco or the Community and Algeria or Tunisia are covered by identical rules of origin, the terms "their vessels" and "their factory ships" in paragraph 1(
- f)and (
- g)shall also apply to Algerian or Tunisian vessels or factory ships within the meaning of paragraph 2. 4. The terms "Morocco" and the "Community" shall also cover the territorial waters which surround Morocco and the Member States of the Community. Vessels operating on the high seas, including factory ships on which the fish caught is worked or processed, shall be considered as part of the territory of the Community or of Morocco provided that they satisfy the conditions set out in paragraph 2. Article 7 Sufficiently worked or processed products 1. For the purposes of Article 2, non-originating materials are considered to be sufficiently worked or processed when the product obtained is classified in a heading which is different from that in which all the non-originating materials used in its manufacture are classified, subject to paragraph 2 and Article 8. 2. For a product mentioned in Columns 1 and 2 of the list in Annex 2, the conditions set out in Column 3 for the product concerned must be fulfilled instead of the rule set out in paragraph 1. For the products falling under Chapters 84 to 91, as an alternative to satisfying the conditions set out in Column 3, the exporter may opt to apply the conditions set out in Column 4 instead. Where in the list in Annex 2 a percentage rule is applied in determining the originating status of a product obtained in the Community or in Morocco the value added by the working or processing shall correspond to the ex-works price of the product obtained, less the value of third-country materials imported into the Community or Morocco. 3. These conditions indicate, for all products covered by the Agreement, the working or processing which must be carried out on the non-originating materials used in the manufacture of these products, and apply only in relation to such materials. Accordingly, it follows that if a product, which has acquired originating status by fulfilling the conditions set out in the list for that product, is used in the manufacture of another product, the conditions applicable to the product in which it is incorporated do not apply to it, and no account shall be taken of the non-originating materials which may have been used in its manufacture. Article 8 Insufficient working or processing operations For the purpose of implementing Article 7 the following shall be considered as insufficient working or processing to confer the status of originating products, whether or not there is a change of heading: (
- a)operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading-out, drying, chilling, placing in brine, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); (
- b)simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting-up; (
- c)(
- i)changes of packaging and division and assembly of packages; (
- ii)simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations; (
- d)affixing marks, labels and other like distinguishing signs on products or their packaging; (
- e)simple mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down in this Protocol to enable them to be considered as originating in the Community or in Morocco; (
- f)simple assembly of parts to constitute a complete product; (
- g)a combination of two or more operations specified in subparagraphs (
- a)to (f); (
- h)slaughter of animals. Article 9 Unit of qualification 1. The unit of qualification for the application of the provisions of this Protocol shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonised System.Accordingly, it follows that: (
- a)when a product composed of a group or assembly of articles is classified under the terms of the Harmonised System under a single heading, the whole constitutes the unit of qualification; (
- b)when a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each product must be taken individually when applying the provisions of this Protocol. 2. Where, under General Rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be considered to form a whole with the product for the purposes of determining origin. Article 10 Accessories, spare parts and tools Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle, which are part of the