equipment, machine, apparatus or vehicle, which are part of the normal equipment and included in the price thereof or which are not separately invoiced, shall be regarded as forming a whole with the piece of equipment, machine, apparatus or vehicle in question.
\nSets, as defined in General Rule 3 of the Harmonised System, shall be regarded as originating when all component products are originating. Nevertheless, when a set is composed of originating and non-originating products, the set as a whole shall be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.
\nIn order to determine whether a product originates in the Community or in Morocco it shall not be necessary to establish whether the electrical energy, fuel, plant and equipment as well as machines and tools used to obtain such product, or whether any goods, used in the course of production which do not enter and which were not intended to enter into the final composition of the product, are originating or not.
\nTERRITORIAL REQUIREMENTS
\nThe conditions set out in Title II relative to the acquisition of originating status must be fulfilled without interruption in the Community or in Morocco without prejudice to the provisions of Articles 4 and 5.
\nIf originating products exported from the Community or Morocco to another country are returned, except in so far as provided for in Article 4 or 5 they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that: (a) the goods returned are the same goods as those exported; and (b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
\nProducts originating in Morocco or in the Community may be transported by pipeline across territory other than that of the Community or that of Morocco.
\nPROOF OF ORIGIN
\nEvidence of originating status of products, within the meaning of this Protocol, shall be given by an EUR.1 movement certificate, a specimen of which appears in Annex 3 to this Protocol.
\nThese forms shall be completed in one of the languages in which the Agreement is drawn up, in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled a horizontal line must be drawn below the last line of the description, the empty space being crossed through.
\nIn these cases EUR.1 movement certificates shall be issued subject to the presentation of the proof of origin previously issued or made out. This proof of origin must be kept for at least three years by the customs authorities of the exporting State.
\nThe issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions.
\nSuch stamp may be pre-printed on the forms.
\nEUR.1 movement certificates shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of an EUR.1 movement certificate or an invoice declaration. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the goods meet the conditions required for the implementation of the Agreement.
\nWhere, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Chapters 84 and 85 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.
\nWhen the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country or in the currency of one of the other countries referred to in Article 4 of this Protocol.
\nIf the goods are invoiced in the currency of another Member State of the Community the importing State shall recognise the amount notified by the country concerned.
\nFor each successive period of five years, the amounts expressed in ecu and their equivalents in the national currencies of the States shall be reviewed by the Association Council on the basis of the exchange rates of the ecu on the first working day of October in the year immediately preceding that five-year period.
\nWhen carrying out this review, the Association Council shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in ecu.
\nARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
\nThe customs authorities of the Member States and of Morocco shall provide each other, through the Commission of the European Communities, with specimen impressions of stamps used in their customs offices for the issue of EUR.1 certificates and with the addresses of the customs authorities responsible for issuing EUR.1 movement certificates and for verifying those certificates and invoice declarations.
\nand information certificates 1. Subsequent verification of EUR.1 movement certificates and invoice declarations shall be carried out randomly or whenever the customs authorities of the importing State have reason to doubt the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Protocol.
\nIn order to assist the verification, the customs authorities shall provide all the necessary documents and any information collected which indicate that the information on the EUR.1 certificate or the invoice declaration is incorrect.
\nWhere disputes arise in relation to the verification procedures of Article 33 which cannot be settled between the customs authorities requesting a verification and the customs authorities responsible for carrying out this verification or where they raise a question as to the interpretation of this Protocol, they shall be submitted to the Customs Cooperation Committee.
\nIn all cases the settlement of disputes between the importer and the customs authorities of the importing State shall be under the legislation of the said State.
\nPenalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.
\nCEUTA AND MELILLA
\nFINAL PROVISIONS
\nThe Association Council may decide to amend the provisions of this Protocol at the request of one of the Contracting Parties or of the Customs Cooperation Committee.
\nThe Annexes to this Protocol shall form an integral part thereof.
\nThe Community and Morocco shall each take the steps necessary to implement this Protocol.
\nThe Contracting Parties shall take any measures necessary for the conclusion of arrangements with Algeria and Tunisia enabling this Protocol to be applied. The Contracting Parties shall notify each other of measures taken to this effect.
\nThe provisions of the Agreement may be applied to goods which comply with the provisions of this Protocol and which on the date of entry into force of the Agreement are either in transit or are in the Community or in Morocco or, in so far as the provisions of Articles 3, 4 and 5 are applicable, in Algeria or Tunisia in temporary storage in bonded warehouses or in free zones, subject to the submission to the customs authorities of the importing State, within four months of that date, of an EUR.1 certificate endorsed retrospectively by the competent authorities of the exporting State together with the documents showing that the goods have been transported directly.
\nANNEX I INTRODUCTORY NOTES FOREWORD These notes shall apply, where appropriate, to all manufactured products using non-originating materials, even if they are not subject to specific conditions contained in the list in Annex II but are subject instead to the change of heading rule set out in Article 7(1).
\nNote 1 1.1. The first two columns in the list describe the product obtained. The first column gives the heading number, or the chapter number, used in the Harmonised System and the second column gives the description of goods used in that system for that heading or chapter. For each entry in the first two columns a rule is specified in Columns 3 or 4. Where, in some cases, the entry in the first column is preceded by an \"ex\", this signifies that the rule in Columns 3 or 4 only applies to the part of that heading or chapter as described in Column 2.
\n1.2. Where several heading numbers are grouped together in Column 1 or a chapter number is given and the description of product in Column 2 is therefore given in general terms, the adjacent rule in Columns 3 or 4 applies to all products which, under the Harmonised System, are calssified within headings of the chapter or within any of the headings grouped together in Column 1.
\nNote 2 2.1. In the case of any heading not in the list or any part of a heading that is not in the list, the \"change of heading\" rule set out in Article 7(1) applies. If a \"change of heading\" condition applies to any entry in the list, then it is contained in the rule in Column 3.
\n2.2. The working or processing required by a rule in Column 3 has to be carried out only in relation to the non-originating materials used. The restrictions contained in a rule in Column 3 likewise apply only to the non-originating materials used.
\n2.3. Where a rule states that \"materials of any heading\" may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression \"manufacture from materials of any heading, including other materials of heading No ...\" means that only materials classified in the same heading as the product of a different description than that of the product as given in Column 2 of the list may be used.
\n2.4. If a product made from non-originating materials which has acquired originating status during manufacture by virtue of the change of heading rule or its own list rule is used as a material in the process of manufacture of another product, then the rule applicable to the product in which it is incorporated does not apply to it.
\nFor example:
\nAn engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex-works price, is made from \"other alloy steel roughly shaped by forging\" of heading No 7224.
\nIf this forging has been forged in the country concerned from a non-originating ingot then the forging has already acquired origin by virtue of the rule for heading No ex 7224 in the list. It can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or another. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.
\n2.5. Even if the change of heading rule or the other rules contained in the list are satisfied, a product shall not acquire originating status if the processing carried out, taken as a whole, is insufficient within the meaning of Article 6.
\nNote 3 3.1. The rule in the list represents the minimum amount of working or processing required and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer origin.
\nThus if a rule says that non-originating material at a certain level of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.
\n3.2. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.
\nFor example:
\nThe rule for fabrics say that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; one can use one or the other or both.
\nIf, however, a restriction applies to one material and other restrictions apply to other materials in the same rule, then the restrictions only apply to the materials actually used.
\nFor example:
\nThe rule for sewing machines specifies that both the thread tension mechanism used and the zigzag mechanism used must originate; these two restrictions only apply if the mechanisms concerned are actually incorporated into the sewing machine.
\n3.3. When a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule.
\nFor example:
\nThe rule for heading No 1904 which specifically excludes the use of cereals or their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not produced from cereals.
\nFor example:
\nIn the case of an article made from non-woven materials, if the use of only non-originating yarn is allowed for this class of article, it is not possible to start from non-woven cloth even if non-woven cloths cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn that is the fibre stage.
\nSee also Note 6.3 in relation to textiles.
\n3.4. If in a rule in the list two or more percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. The maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.
\nNote 4 4.1. The term \"natural fibres\" is used in the list to refer to fibres other than artificial or synthetic fibres and is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, the term \"natural fibres\" includes fibres that have been carded, combed or otherwise processed but not spun.
\n4.2. The term \"natural fibres\" includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.
\n4.3. The terms \"textile pulp\", \"chemical materials\" and \"paper-making materials\" are used in the list to describe the materials not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.
\n4.4. The term \"man-made staple fibres\" is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings Nos 5501 to 5507.
\nNote 5 5.1. In the case of the products classified within those headings in the list to which a reference is made to this note, the conditions set out in Column 3 of the list shall not be applied to any basic textile materials used in their manufacture which, taken together, represent 10 % or less of the total weight of all the basic textile materials used (but see also Notes 5.3 and 5.4 below).
\n5.2. However, this tolerance may only be applied to mixed products which have been made from two or more basic textile materials.
\nThe following are the basic textile materials:
\nFor example:
\nA yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn.
\nTherefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.
\nFor example:
\nA woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used up to a weight of 10 % of the fabric.
\nFor example:
\nTufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.
\nFor example:
\nIf the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.
\nFor example:
\nA carpet with tufts made from both artificial yarns and cotton yarns and with a jute backing is a mixed product because three basic textile materials are used. Thus, any non-originating materials that are at a later stage of manufacture than the rule allows may be used, provided their total weight taken together does not exceed 10 % of the weight of the textile materials in the carpet. Thus, both the jute backing and/or the artificial yarns could be imported at that stage of manufacture, provided the weight conditions are met.
\n5.3. In the case of fabrics incorporating \"yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped\" this tolerance is 20 % in respect of this yarn.
\n5.4. In the case of fabrics incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two films of plastic film, this tolerance is 30 % in respect of this strip.
\nNote 6 6.1. In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials with the exception of linings and interlinings which do not satisfy the rule set out in the list in Column 3 for the made-up products concerned may be used provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.
\n6.2. Materials which are not classified within Chapters 50 to 63 may be used freely, whether or not they contain textiles.
\nFor example:
\nIf a rule in the list provides that for a particular textile item, such as trousers, yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners even though slide-fasteners normally contain textiles.
\n6.3. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.
\nNote 7 7.1. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, the \"specific processes\" are the following: (a) vacuum distillation; (b) redistillation by a very thorough fractionation process(1); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (i) isomerisation.
\n7.2. For the purposes of heading Nos 2710, 2711 and 2712, the \"specific processes\" are the following: (a) vacuum distillation; (b) redistillation by a very thorough fractionation process; (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolorisation and purification with naturally active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (ij) isomerisation; (k) (in respect of heavy oils falling within heading No ex 2710 only) desulphurisation with hydrogen resulting in a reduction of at least 85 % of the sulphur content of the products processed (ASTM D 1266-59 T method); (l) (in respect of products falling within heading No 2710 only) deparaffining by a process other than filtering; (m) (in respect of heavy oils falling within heading No ex 2710 only) treatment with hydrogen at a pressure of more than 20 bar and a temperature of more than 250 °C with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment with hydrogen of lubricating oils of heading No ex 2710 (e.g. hydrofinishing or decolorisation) in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process; (n) (in respect of fuel oils falling within heading No ex 2710 only) atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C by the ASTM D 86 method; (o) (in respect of heavy oils other than gas oils and fuel oils falling within heading No ex 2710 only) treatment by means of a high-frequency electrical brush-discharge.
\n7.3. For the purposes of heading Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations such as cleaning, decanting, desalting, water separation, filtering, colouring, marketing obtaining a sulphur content as a result of mixing products with different sulphur contents, any combination of these operations or like operations do not confer origin.
\nANNEX II LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS >TABLE POSITION> ANNEX III EUR.1 MOVEMENT CERTIFICATES 1. EUR.1 movement certificates shall be made out on the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up.
\nCertificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink and in capital letters.
\nJOINT DECLARATION ON ARTICLES 19 AND 33 OF THE PROTOCOL The Parties agree to the necessity to establish Explanatory Notes to the provisions of Article 19(1)(b) and Article 33(1) and (2) of the Protocol.
\nJOINT DECLARATION ON ARTICLE 39 OF THE PROTOCOL For the implementation of Article 39 of this Protocol, the Community is prepared to examine any request from Morocco for derogations from the rules of origin after signature of the Agreement.
\nPROTOCOL 5 on mutual assistance in customs matters between the administrative authorities
\nFor the purposes of this Protocol: (a) \"customs legislation\" shall mean any statutory or regulatory provision applicable in the territory of the Contracting Parties governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control adopted by the Parties concerned; (b) \"applicant authority\" shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which makes a request for assistance in customs matters; (c) \"requested authority\" shall mean a competent administrative authority which has been appointed by a Contracting Party for this purpose and which receives a request for assistance in customs matters; (d) \"personal data\" shall mean any data relating to an identified or identifiable natural person.
\nThe Contracting Parties shall provide each other, in accordance with their laws, rules and other legal instruments, with assistance if they consider that to be necessary for the correct application of customs legislation, particularly when they obtain information pertaining to:
\nAt the request of the applicant authority, the requested authority shall in accordance with its legislation take all necessary measures in order:
\nDocuments deemed useful to help respond to such requests shall accompany the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
\nSuch information may be communicated to other authorities directly involved in combating illicit drug traffic, within the limits of
\njudicial or administrative proceedings subsequently instituted for failure to comply with customs legislation. The competent authority which provided the information shall be informed immediately of such use.
\nThe request for an appearance must indicate specifically on what matters and by virtue of what title or qualification the official will be questioned.
\nThe Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Protocol, except, as appropriate, for expenses to experts, witnesses, interpreters and translators who are not dependent upon public services.
\nANNEX FUNDAMENTAL PRINCIPLES APPLICABLE TO DATA PROTECTION 1. Personal data undergoing computer processing must be: (a) obtained and processed fairly and lawfully; (b) kept for explicit and legitimate purposes and not further used in a way incompatible with those purposes; (c) appropriate, relevant and not excessive in relation to the purposes for which they are collected; (d) accurate and, where necessary, kept up to date; (e) kept in a form which permits identification of the person concerned for no longer than is necessary for the procedure for which the data were collected.
\n5.1. Derogations from the provisions of paragraphs 1, 2 and 4 of this Annex are allowed only in the cases below.
\n5.2. Derogations from the provisions of paragraphs 1, 2 and 4 of this Annex may be allowed where provided for in the legislation of the Contracting Party and where such derogation constitutes a necessary measure in a democratic society and is intended to: (a) safeguard national security, public order or a State's financial interests or prevent criminal offences; (b) protect the data subjects or the rights and freedoms of others.
\n5.3. In the case of computerised filing systems containing personal data used for statistical purposes or scientific research, the rights referred to in paragraphs 4(b), (c) and (d) of this Annex may be restricted by law where such use is clearly unlikely to constitute an invasion of privacy of the data subjects.
\nFINAL ACT The plenipotentiaries of:
\nTHE 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 KINGDOM OF MOROCCO, hereinafter referred to as \"Morocco\", of the other part, meeting at Brussels on the twentieth day of February in the year one thousand nine hundred and ninety-six 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 Kingdom of Morocco, of the other part, hereinafter referred to as \"Euro-Mediterranean Agreement\", have adopted the following texts: the Euro-Mediterranean Agreement, the Annexes thereto and the following Protocols: >TABLE POSITION> The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Morocco have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:
\nJoint Declaration relating to Article 5 of the Agreement Joint Declaration relating to Article 10 of the Agreement Joint Declaration relating to Article 12 of the Agreement Joint Declaration relating to Article 33 of the Agreement Joint Declaration relating to Article 39 of the Agreement Joint Declaration relating to Article 42 of the Agreement Joint Declaration relating to Article 43 of the Agreement Joint Declaration relating to Article 49 of the Agreement Joint Declaration relating to Article 50 of the Agreement Joint Declaration relating to Article 51 of the Agreement Joint Declaration relating to Article 64 of the Agreement Joint Declaration relating to Article 65 of the Agreement Joint Declaration relating to Articles 34, 35, 76 and 77 of the Agreement Joint Declaration relating to Article 90 of the Agreement Joint Declaration relating to Article 96 of the Agreement Joint Declaration relating to textiles Joint Declaration relating to readmission.
\nThe plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Morocco have also taken note of the Agreements in the form of an Exchange of Letters mentioned below and attached to this Final Act:
\nAgreement in the form of an Exchange of Letters between the Community and the Kingdom of Morocco under Article 12(1) concerning elimination of the reference prices applied by Morocco to imports of certain textile and clothing products.
\nAgreement in the form of an Exchange of Letters between the Community and the Kingdom of Morocco relating to Article 1 of Protocol 1 and concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 060310 of the Common Customs Tariff.
\nThe plenipotentiaries of Morocco have taken note of the Declaration by the European Community mentioned below and annexed to this Final Act:
\nDeclaration relating to Article 29 of the Agreement.
\nThe plenipotentiaries of the Member States and of the Community have taken note of the Declarations by Morocco mentioned below and annexed to this Final Act:
\nHecho en Bruselas, el veintiseis de febrero de mil novecientos noventa y seis.
\nUdfördiget i Bruxelles, den seksogtyvende februar nitten hundrede og seks og halvfems.
\nGeschehen zu BrŽssel am sechsundzwanzigsten Februar neunzehnhundertsechsundneunzig. >ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł ąžł Öõņę˙įńęč˙į ščūłń õżżłńśŽėłń õżõżČżĮń ąžł Įąėėõęń. >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.
\nFait š Bruxelles, le vingt-six fłvrier mil neuf cent quatre-vingt-seize.
\nFatto a Bruxelles, addü ventisei febbraio millenovecentonovantasei.
\nGedaan te Brussel, de zesentwintigste februari negentienhonderd zesennegentig.
\nFeito em Bruxelas, em vinte e seis de Fevereiro de mil novecentos e noventa e seis.
\nTehty Brysselissō kahdentenakymmenentenōkuudentena pōivōnō helmikuuta vuonna tuhatyhdeksōnsataayhdeksōnkymmentōkuusi.
\nSom skedde i Bryssel den tjugosjōtte februari nittonhundranittiosex. >PIC FILE= \"L_2000070EN.019301.TIF\"> Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das KŠnigreich Belgien >PIC FILE= \"L_2000070EN.019302.TIF\"> Cette signature engage łgalement la Communautł fran÷aise, la Communautł flamande, la Communautł germanophone, la Rłgion wallonne, la Rłgion flamande et la Rłgion de Bruxelles-Capitale.
\nDeze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
\nDiese Unterschrift verbindet zugleich die Deutschsprachige Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische Gemeinschaft, die Wallonische Region, die Flōmische Region und die Region BrŽssel-Hauptstadt.
\nPõ Kongeriget Danmarks vegne >PIC FILE= \"L_2000070EN.019303.TIF\"> FŽr die Bundesrepublik Deutschland >PIC FILE= \"L_2000070EN.019401.TIF\"> >ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń >ISO_1>> PIC FILE= \"L_2000070EN.019402.TIF\"> Por el Reino de Espaęa >PIC FILE= \"L_2000070EN.019403.TIF\"> Pour la Rłpublique fran÷aise >PIC FILE= \"L_2000070EN.019404.TIF\"> Thar cheann Na hÉireann/For Ireland >PIC FILE= \"L_2000070EN.019405.TIF\"> Per la Repubblica italiana >PIC FILE= \"L_2000070EN.019406.TIF\"> Pour le Grand-Duchł de Luxembourg >PIC FILE= \"L_2000070EN.019501.TIF\"> Voor het Koninkrijk der Nederlanden >PIC FILE= \"L_2000070EN.019502.TIF\"> FŽr die Republik Österreich >PIC FILE= \"L_2000070EN.019503.TIF\"> Suomen tasavallan puolesta >PIC FILE= \"L_2000070EN.019504.TIF\"> FŠr Konungariket Sverige >PIC FILE= \"L_2000070EN.019505.TIF\"> Pela RepŪblica Portuguesa >PIC FILE= \"L_2000070EN.019506.TIF\"> For the United Kingdom of Great Britain and Northern Ireland >PIC FILE= \"L_2000070EN.019601.TIF\"> Por las Comunidades Europeas/For De Europöiske Föllesskaber/FŽr die Europōischen Gemeinschaften/>ISO_7>Ćłń ĮłĖ ÅįęųĘńŪśąĖ Ź˙łżŽĮ÷ĮõĖ/>ISO_1>For the European Communities/Pour les Communautłs europłennes/Per le Comunitš europee/Voor de Europese Gemeenschappen/Pelas Comunidades Europeias/Euroopan yhteisŠjen puolesta/Põ Europeiska gemenskapernas vōgnar >PIC FILE= \"L_2000070EN.019602.TIF\"> >PIC FILE= \"L_2000070EN.019603.TIF\"> >PIC FILE= \"L_2000070EN.019604.TIF\"> >PIC FILE= \"L_2000070EN.019605.TIF\"> JOINT DECLARATIONS Joint Declaration relating to Article 5 of the Agreement 1. The Parties hereby agree that political dialogue at Ministerial level should take place at least once a year.
\nJoint Declaration relating to Article 10 of the Agreement The two Parties hereby agree to establish jointly the separate specification by Morocco of an agricultural component in the import duties in force on goods originating in the Community before the entry into force of the Agreement in respect of the products appearing in list 2 in Annex 2 to the Agreement.
\nThis principle will also apply to the products appearing in list 3 in Annex 2 to the Agreement before elimination of the industrial component begins.
\nShould Morocco raise the duties in force on 1 January 1995 for the products mentioned above owing to the agricultural component, it will accord the Community a 25 % reduction on the increase in duties.
\nJoint Declaration relating to Article 12 of the Agreement 1. With regard to textiles and clothing, the Parties hereby agree that the schedule for the elimination of reference prices and the tariff reduction which are referred to in Article 12(1) shall be agreed upon through an Exchange of Letters before the Agreement is signed.
\nJoint Declaration relating to Article 33 of the Agreement It is understood that the concept of convertibility of current payments is to be interpreted in accordance with Article VIII of the Articles of Agreement of the International Monetary Fund.
\nJoint Declaration relating to Article 39 of the Agreement Under the Agreement, the Parties agree that intellectual, industrial and commercial property comprises, in particular, copyright, including copyright in computer programs, and neighbouring rights, commercial trademarks and geographical descriptions including designation of origin, industrial designs and models, patents, configuration plans (topographies) of integrated circuits, protection of undisclosed information and protection against unfair competition in accordance with Article 10(a) of the Paris Convention for the protection of industrial property in the 1967 Act of Stockholm (Paris Union).
\nJoint Declaration relating to Article 42 of the Agreement The Contracting Parties reaffirm the importance they attach to decentralised cooperation programmes as an additional means of promoting the exchange of experience and transfer of knowledge in the Mediterranean region and between the European Community and its partners.
\nJoint Declaration relating to Article 43 of the Agreement The Parties hereby agree that within the context of economic cooperation provision shall be made for technical assistance in matters relating to safeguard clauses and anti-dumping checks.
\nJoint Declaration relating to Article 49 of the Agreement The Contracting Parties recognise the need to modernise the Moroccan productive sector in order to adapt it better to the realities of the international and European economy.
\nThe Community will give its support to Morocco in implementing a support programme in the industrial sectors to benefit from restructuring and updating in order to cope with difficulties which may stem from the liberalisation of trade and in particular the dismantling of tariffs.
\nJoint Declaration relating to Article 50 of the Agreement The Contracting Parties attach importance to boosting the flow of direct investment to Morocco.
\nThey agree to expand Morocco's access to Community investment promotion instruments in accordance with the relevant Community provisions.
\nJoint Declaration relating to Article 51 of the Agreement The Parties hereby agree to implement the cooperation referred to in Article 51 as soon as possible and to give it priority.
\nJoint Declaration relating to Article 64 of the Agreement 1. Without prejudice to the conditions and procedures applicable in each Member State, the Parties will examine the matter of access to a Member State's labour market of the spouse and children, legally resident under family reunification arrangements, of Moroccan workers legally employed on the territory of a Member State, except for seasonal workers, those on secondment or on placement, for the duration of the worker's authorised stay.
\nJoint Declaration relating to Article 65 of the Agreement It is understood that the term \"members of their family\" shall be defined according to the national legislation of the host country concerned.
\nJoint Declaration relating to Articles 34, 35, 76 and 77 of the Agreement If, during the progressive implementation of the Agreement, Morocco experiences serious balance of payments difficulties, Morocco and the Community may hold consultations to work out the best ways and means of helping Morocco cope with these difficulties.
\nSuch consultations will take place in conjunction with the International Monetary Fund.
\nJoint Declaration relating to Article 90 of the Agreement 1. The Parties agree, for the purpose of the correct interpretation and practical application of this Agreement, that the term \"cases of special urgency\" in Article 90 means a case of the material breach of the Agreement by one of the Parties. A material breach of the Agreement consists in:
\nArticle 90 of the Agreement are measures taken in accordance with international law. If a Party takes measure in a case of special urgency as provided for under Article 90, the other Party may avail itself of the procedure relating to settlement of disputes.
\nJoint Declaration relating to Article 96 of the Agreement The advantages which Morocco derives from the arrangements granted to it by France under the Protocol on goods originating in and coming from certain countries and enjoying special treatment when imported into a Member State, annexed to the Treaty establishing the European Community, have been taken into account in this Agreement.
\nAs a result, these special arrangements must be considered repealed from the date on which the Agreement enters into force.
\nJoint Declaration relating to textiles It is understood that the arrangements for textile products will be the subject of a special protocol, to be concluded by 31 December 1995, on the basis of the provisions of the arrangement in force in 1995.
\nJoint Declaration relating to readmission The Parties hereby agree to adopt bilaterally the appropriate provisions and measures to cover readmission of their nationals in cases in which the latter have left their countries. For those purposes, in the case of the Member States of the European Union, \"nationals\" shall be taken to mean Member State nationals as defined for Community purposes.
\nAGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the Community and the Kingdom of Morocco under Article 12(1) concerning elimination of the reference prices applied by Morocco to imports of certain textile and clothing products A. Letter from the Community Sir, Under Article 12(1) of the Euro-Mediterranean Association Agreement and the relevant Joint Declaration thereto, the Parties, without prejudice to the other provisions of Article 12(1), have agreed as follows:
\nThe reductions to be applied at the beginning of the second and third years shall be fixed by the Association Council, but shall not be less than the reduction applied for the first year, i.e. 25 %. In fixing the rate of reduction the Association Council shall take, account, inter alia, of progress made in setting up the control and verification machinery which Morocco is to develop with the aid of Community technical assistance in those fields referred to in the Joint Declaration on Article 43 of the Agreement.
\nThe above elimination procedure shall apply to the list of products subject to Moroccan reference prices erga omnes on the date on which elimination is to take place.
\nI should be obliged if you would confirm that your Government is in agreement with the above.
\nPlease accept, Sir, the assurance of my highest consideration.
\nOn behalf of the Council of the European Union B. Letter from the Kingdom of Morocco Sir, I have the honour to acknowledge receipt of your letter of today's date, which reads as follows: \"Under Article 12(1) of the Euro-Mediterranean Association Agreement and the relevant Joint Declaration thereto, the Parties, without prejudice to the other provisions of Article 12(1), have agreed as follows:
\nThe reductions to be applied at the beginning of the second and third years shall be fixed by the Association Council, but shall not be less than the reduction applied for the first year, i.e. 25 %. In fixing the rate of reduction the Association Council shall take account, inter alia, of progress made in setting up the control and verification machinery which Morocco is to develop with the aid of Community technical assistance in those fields referred to in the Joint Declaration on Article 43 of the Agreement.
\nThe above elimination procedure shall apply to the list of products subject to Moroccan reference prices erga omnes on the date on which elimination is to take place.
\nI should be obliged if you would confirm that your Government is in agreement with the above.\"
\nI have the honour to confirm that my Government is in agreement with the contents of your letter.
\nPlease accept, Sir, the assurance of my highest consideration.
\nFor the Government of the Kingdom of Morocco AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the Community and the Kingdom of Morocco relating to Article 1 of Protocol 1 and concerning imports into the community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff A. Letter from the Community Sir, The following was agreed between the Community and Morocco:
\nArticle 1 of Protocol 1 to the Euro-Mediterranean Association Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Morocco, subject to a limit of 3000 tonnes.
\nMorocco undertakes to abide by the conditions laid down below to imports into the Community of roses and carnations which qualify for the elimination of this tariff:
\nMorocco further undertakes to maintain the traditional breakdown of trade between roses and carnations.
\nShould the Community market be disturbed by a change in this breakdown, the Community reserves the right to determine the proportions in line with traditional trade patterns. In such cases, an exchange of views on the matter will take place.
\nI should be obliged if you would confirm that your Government is in agreement with the contents of this letter.
\nPlease accept, Sir, the assurance of my highest consideration.
\nOn behalf of the Council of the European Union B. Letter from Morocco 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 Morocco:
\nArticle 1 of Protocol 1 to the Euro-Mediterranean Association Agreement provides for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Morocco, subject to a limit of 3000 tonnes.
\nMorocco undertakes to abide by the conditions laid down below to imports into the Community of roses and carnations which qualify for the elimination of this tariff:
\nMorocco further undertakes to maintain the traditional breakdown of trade between roses and carnations.
\nShould the Community market be disturbed by a change in this breakdown, the Community reserves the right to determine the proportions in line with traditional trade patterns. In such cases, an exchange of views on the matter will take place.
\nI should be obliged if you would confirm that your Government is in agreement with the contents of this letter.\"
\nI have the honour to confirm that my Government is in agreement with the contents of this letter.
\nPlease accept, Sir, the assurance of my highest consideration.
\nFor the Government of the Kingdom of Morocco DECLARATION BY THE COMMUNITY Declaration relating to Article 29 of the Agreement 1. If Morocco concludes agreements with other Mediterranean countries with a view to establishing free trade, the European Community is willing to consider cumulation of origin in its trade with those countries.
\nWith that aim in mind, the Community has decided that it will propose to Morocco that there be a harmonisation of rules of origin with those established by the agreements with other Mediterranean countries, which are the same as the rules in the agreements with the countries of central and eastern Europe, once those rules become applicable in a Mediterranean country.
\nDECLARATIONS BY MOROCCO 1. Declaration on cooperation in nuclear energy Morocco, which has signed the non-proliferation treaty, wishes to develop cooperation in nuclear energy with the Community in the future.
\n