📄 Įstatymo tekstas
22000A0621(01)
22000A0621(01)
Euro-Mediterranean Agreement establishing an association between the
European Communities and their Member States, of the one part, and
the State of Israel, of the other part - Protocol 1 concerning the
arrangements applicable to the importation into the Community of
agricultural products originating in Israel - Protocol 2 concerning
the arrangements applicable to the importation into Israel of
agricultural products originating in the Community - Protocol 3
concerning plant protection matters - Protocol 4 concerning the
definition of 'originating products' and methods of administrative
cooperation - Protocol 5 on mutual assistance between administrative
authorities in customs matters - Joint Declarations - Agreement in
the form of an Exchange of Letters concerning outstanding bilateral
issues - Agreement in the form of an Exchange of letters relating to
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 - Agreement in the form of an Exchange of
Letters regarding the implementation of the Uruguay Round Agreements
- Declarations by the European Community - Declaration by Israel
Official Journal L 147 , 21/06/2000 P. 0003 - 0171
Dates:
of document: 20/11/1995
of effect: 01/06/2000; Entry into force See Art 85 And OJ L
147/2000 P. 172
of signature: 20/11/1995; Brussels
end of validity: 99/99/9999
Authentic language: The official languages ; German ; English ;
Danish ; Spanish ; Finnish ; French ; Greek ; Italian ; Dutch ;
Portuguese ; Swedish ; Other than Community language ; Hebrew
Author:
The 15 Member States ; Belgium ; Denmark ; Federal Republic of
Germany ; Greece ; Spain ; France ; Ireland ; Italy ; Luxembourg ;
Netherlands ; Austria ; Portugal ; Finland ; Sweden ; United Kingdom
; European Community ; European Coal and Steel Community ; Israel
Subject matter: Association ; External relations
Directory code: 11402000
EUROVOC descriptor: association agreement ; European Association
Agreement ; EU country ; Israel
Legal basis:
151K095................... Adoption
197E300-P2L1F2............ Adoption
197E310-P3L2.............. Adoption
197E310................... Adoption
Instruments cited:
157EN02...................
279A0412(06)..............
391R1911..................
294A1223(01)..............
294A1223(03)..............
294A1223(09)..............
294A1223(16)..............
294A1223(21)..............
Amendment to:
275A0511(01)...... Replacement... from 01/06/2000
275A0511(02)...... Replacement... from 01/06/2000
Amended by:
Adopted by.... 300D0384.......... from 19/04/2000
Amended by.... 203A1231(06)...... Replacement PROT 1 from 01/01/2004
Amended by.... 203A1231(06)...... Replacement PROT 2 from 01/01/2004
Euro-Mediterranean Agreement
establishing an association between the European Communities and
their Member States, of the one part, and the State of Israel, of
the other part
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European
Community and the Treaty establishing the European Coal and Steel
Community, hereinafter referred to as the "Member States", and
THE EUROPEAN COMMUNITY,
THE EUROPEAN COAL AND STEEL COMMUNITY,
hereinafter referred to as "the Community", of the one part, and
THE STATE OF ISRAEL,
hereinafter referred to as "Israel", of the other part,
CONSIDERING the importance of the existing traditional links between
the Community, its Member States and Israel, and the common values
that they share;
CONSIDERING that the Community, its Member States and Israel wish to
strengthen those links and to establish lasting relations, based on
reciprocity and partnership, and promote a further integration of
Israel's economy into the European economy;
CONSIDERING the importance which the Parties attach to the principle
of economic freedom and to the principles of the United Nations
Charter, particularly the observance of human rights and democracy,
which form the very basis of the Association;
CONSCIOUS of the need to associate their efforts to strengthen
political stability and economic development through the
encouragement of regional cooperation;
DESIROUS of establishing and developing regular political dialogue
on bilateral and international issues of mutual interest;
DESIROUS of maintaining and intensifying a dialogue on economic,
scientific, technological, cultural, audiovisual and social matters
to the benefit of the Parties;
CONSIDERING the respective commitments of the Community and Israel
to free trade, and in particular to compliance with the rights and
obligations arising out of the General Agreement on Tariffs and
Trade (GATT) as it results from the negotiations of the Uruguay
Round;
CONVINCED that the Association Agreement will create a new climate
for their economic relations and in particular for the development
of trade, investment and economic and technological cooperation,
HAVE AGREED AS FOLLOWS:
Article 1
1. An association is hereby established between the Community and
its Member States, of the one part, and Israel, of the other part.
2. The aims of this Agreement are:
- to provide an appropriate framework for political dialogue,
allowing the development of close political relations between the
Parties,
- through the expansion, inter alia, of trade in goods and services,
the reciprocal liberalisation of the right of establishment, the
further progressive liberalisation of public procurement, the free
movement of capital and the intensification of cooperation in
science and technology to promote the harmonious development of
economic relations between the Community and Israel and thus to
foster in the Community and in Israel the advance of economic
activity, the improvement of living and employment conditions, and
increased productivity and financial stability,
- to encourage regional cooperation with a view to the consolidation
of peaceful coexistence and economic and political stability,
- to promote cooperation in other areas which are of reciprocal
interest.
Article 2
Relations between the Parties, as well as all the provisions of the
Agreement itself, shall be based on respect for human rights and
democratic principles, which guides their internal and international
policy and constitutes an essential element of this Agreement.
TITLE I
POLITICAL DIALOGUE
Article 3
1. A regular political dialogue shall be established between the
Parties. It shall strengthen their relations, contribute to the
development of a lasting partnership and increase mutual
understanding and solidarity.
2. The political dialogue and cooperation shall in particular:
- develop better mutual understanding and an increasing convergence
of positions on international issues, and in particular on those
issues likely to have substantial effects on one or the other Party,
- enable each Party to consider the position and interests of the
other,
- enhance regional security and stability.
Article 4
The political dialogue shall cover all subjects of common interest,
and shall aim to open the way to new forms of cooperation with a
view to common goals, in particular peace, security and democracy.
Article 5
1. The political dialogue shall facilitate the pursuit of joint
initiatives and shall take place in particular:
(a) at ministerial level;
(b) at senior official level (political directors) between
representatives of Israel, of the one part, and of the Council
Presidency and the Commission, of the other;
(c) by taking full advantage of all diplomatic channels including
regular briefings by officials, consultations on the occasion of
international meetings and contacts between diplomatic
representatives in third countries;
(d) by providing regular information to Israel on issues relating to
the common foreign and security policy, which shall be reciprocated;
(e) by any other means which would make a useful contribution to
consolidating, developing and stepping up this dialogue.
2. There shall be a political dialogue between the European
Parliament and the Israeli Knesset.
TITLE II
FREE MOVEMENT OF GOODS
CHAPTER 1
BASIC PRINCIPLES
Article 6
1. The free trade area between the Community and Israel shall be
reinforced according to the modalities set out in this Agreement and
in conformity with the provisions of the General Agreement on
Tariffs and Trade of 1994 and of other multilateral agreements on
trade in goods annexed to the Agreement establishing the World Trade
Organisation (WTO), hereinafter referred to as the "GATT".
2. The Combined Nomenclature and the Israeli customs tariff shall be
used for the classification of goods in trade between the Parties.
CHAPTER 2
INDUSTRIAL PRODUCTS
Article 7
The provisions of this Chapter shall apply to products originating
in the Community and in Israel other than those listed in Annex II
to the Treaty establishing the European Community and, as far as
products originating in Israel are concerned, other than those
listed in Annex I to this Agreement.
Article 8
Customs duties on imports and exports, and any charges having
equivalent effect, shall be prohibited between the Community and
Israel. This shall also apply to customs duties of a fiscal nature.
Article 9
1. (a) The provisions of this chapter shall not preclude the
retention by the Community of an agricultural component in respect
of goods originating in Israel and listed in Annex II to this
Agreement, with the exception of those listed in Annex III.
(b) This agricultural component shall be calculated on the basis of
the difference between the prices on the Community market of the
agricultural products considered to have been used in the production
of the goods and the prices of imports from third countries, where
the total cost of the basic products in question is higher in the
Community. The agricultural component may take the form of a
flat-rate amount or an ad valorem duty. In cases where this
agricultural component has been subject to tarification it will be
replaced by the respective specific duty.
2. (a) The provisions of this chapter shall not preclude the
retention by Israel of an agricultural component in respect of goods
originating in the Community and listed in Annex IV, with the
exception of those listed in Annex V.
(b) This agricultural component shall be calculated mutatis mutandis
on the basis of the criteria referred to in paragraph 1(b). It may
take the form of a flat-rate amount or an ad valorem duty.
(c) Israel may enlarge the list of goods to which this agricultural
component applies, provided the goods are other than those listed in
Annex V and are included in Annex II to this Agreement. Before its
adoption, this agricultural component shall be notified for
examination to the Association Committee which may take any decision
needed.
3. By way of derogation from Article 8, the Community and Israel may
apply to the goods listed respectively in Annexes III and V the
duties indicated in respect of each of the goods.
4. Where, in trade between the Community and Israel, the charge
applicable to a basic agricultural product is reduced, or as a
result of mutual concessions for processed agricultural products,
the agricultural components applied in accordance with paragraphs 1
and 2 may be reduced.
5. The reduction referred to in paragraph 4, the list of goods
concerned and, where applicable, the tariff quotas to which the
reduction refers, shall be established by the Association Council.
6. The list of goods which are subject to a concession in form of a
reduced agricultural component in trade between the Community and
Israel as well as the extent of these concessions are set out in
Annex VI.
CHAPTER 3
AGRICULTURAL PRODUCTS
Article 10
The provisions of this Chapter shall apply to products originating
in the Community and Israel and listed in Annex II to the Treaty
establishing the European Community.
Article 11
The Community and Israel shall progressively establish a greater
liberalisation of their trade in agricultural products of interest
to both Parties. From 1 January 2000 the Community and Israel shall
examine the situation in order to determine the measures to be
applied by the Community and Israel from 1 January 2001 in
accordance with this objective.
Article 12
Agricultural products originating in Israel listed in Protocols 1
and 3 on importation into the Community shall be subject to the
arrangements set out in those Protocols.
Article 13
Agricultural products originating in the Community listed in
Protocols 2 and 3 on importation into Israel shall be subject to the
arrangements set out in those Protocols.
Article 14
Without prejudice to Article 11 and taking account of the volume of
trade in agricultural products between them and of their particular
sensitivity, the Community and Israel shall examine in the
Association Council, product by product and on an orderly and
reciprocal basis, the possibility of granting each other further
concessions.
Article 15
The Community and Israel agree to examine, at the latest three years
after entry into force of the Agreement, the possibility of granting
each other, on the basis of reciprocity and mutual interest,
concessions in trade in fisheries products.
CHAPTER 4
COMMON PROVISIONS
Article 16
Quantitative restrictions on imports and all measures having
equivalent effect shall be prohibited between the Community and
Israel.
Article 17
Quantitative restrictions on exports and all measures having
equivalent effect shall be prohibited between the Community and
Israel.
Article 18
1. Products originating in Israel shall not on importation into the
Community be accorded a treatment more favourable than that which
the Member States apply among themselves.
2. Application of the provisions of this Agreement shall be without
prejudice to Council Regulation (EEC) No 1911/91 of 26 June 1991 on
the application of the provisions of Community law to the Canary
Islands.
Article 19
1. The Parties shall refrain from any measure or practice of an
internal fiscal nature establishing, whether directly or indirectly,
discrimination between the products of one Party and like products
originating in the territory of the other Party.
2. Products exported to the territory of one of the Parties may not
benefit from repayment of indirect internal taxation in excess of
the amount of indirect taxation imposed on them directly or
indirectly.
Article 20
1. In the event of specific rules being established as a result of
the implementation of its agricultural policy or of any alteration
of the current rules or in the event of any alteration or extension
of the provisions relating to the implementation of the agricultural
policy, the Party in question may amend the arrangements resulting
from the Agreement in respect of the products which are the subject
of those rules or alterations.
2. In such cases the Party in question shall take due account of the
interests of the other Party. To this end the Parties may consult
each other within the Association Council.
Article 21
1. The Agreement shall not preclude the maintenance or establishment
of customs unions, free trade areas or arrangements for frontier
trade, except in so far as they alter the trade arrangements
provided for in the Agreement.
2. Consultation between the Community and Israel shall take place
within the Association Council concerning agreements establishing
customs unions or free trade areas and, where required, on other
major issues related to their respective trade policy with third
countries. In particular, in the event of a third country acceding
to the European Union, such consultation shall take place so as to
ensure that account can be taken of the mutual interests of the
Community and Israel.
Article 22
If one of the Parties finds that dumping is taking place in trade
with the other Party within the meaning of Article VI of the GATT,
it may take appropriate measures against this practice in accordance
with the Agreement on implementation of Article VI of the GATT and
with its relevant internal legislation, under the conditions and in
accordance with the procedures laid down in Article 25.
Article 23
Where any product is being imported in such increased quantities and
under such conditions as to cause or threaten to cause:
- serious injury to domestic producers of like or directly
competitive products in the territory of one of the Parties, or
- serious disturbances in any sector of the economy, or
- difficulties which could bring about serious deterioration in the
economic situation of a region,
the Community or Israel may take appropriate measures under the
conditions and in accordance with the procedures laid down in
Article 25.
Article 24
Where compliance with the provisions of Article 17 leads to:
(i) re-export towards a third country against which the exporting
Party maintains, for the product concerned, quantitative export
restrictions, export duties, or measures having equivalent effect,
or
(ii) a serious shortage, or threat thereof, of a product essential
to the exporting Party,
and where the situations referred to above give rise, or are likely
to give rise, to major difficulties for the exporting Party, that
Party may take appropriate measures under the conditions and in
accordance with the procedures laid down in Article 25. The measures
shall be non-discriminatory and be eliminated when conditions no
longer justify their maintenance.
Article 25
1. In the event of the Community or Israel subjecting imports of
products liable to give rise to the difficulties referred to in
Article 23, to an administrative procedure, the purpose of which is
to provide rapid information on the trend of trade flows, it shall
inform the other Party.
2. In the cases specified in Articles 22, 23 and 24, before taking
the measures provided for therein or, as soon as possible in cases
to which paragraph 3(d) applies, the Party in question shall supply
the Association Committee with all 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 appropriate measures, priority shall be given to
those which least disturb the functioning of the Agreement.
The safeguard measures shall be notified immediately to the
Association Committee and shall be the subject of periodical
consultations within the Committee, particularly with a view to
their abolition as soon as circumstances permit.
3. For the implementation of paragraph 2, the following provisions
shall apply:
(a) as regards Article 22, the Association Committee shall be
informed of the dumping case as soon as the authorities of the
importing Party have initiated an investigation. If no end has been
put to the dumping or no other satisfactory solution has been
reached within 30 days of the notification being made, the importing
Party may adopt the appropriate measures;
(b) as regards Article 23, the difficulties arising from the
situation referred to in that Article shall be referred for
examination to the Association Committee, which may take any
decision needed to put an end to such difficulties.
If the Association Committee or the exporting Party has not taken a
decision putting an end to the difficulties or no other satisfactory
solution has been reached within 30 days of the matter being
referred, the importing Party may adopt the appropriate measures to
remedy the problem. These measures must not exceed the scope of what
is necessary to remedy the difficulties which have arisen;
(c) as regards Article 24, the difficulties arising from the
situations referred to in that Article shall be referred for
examination to the Association Committee.
The Association Committee may take any decision needed to put an end
to the difficulties. If it has not taken such a decision within 30
days of the matter being referred to it, the exporting Party may
apply appropriate measures on the exportation of the product
concerned;
(d) where exceptional circumstances requiring immediate action make
prior information or examination, as the case may be, impossible,
the Party concerned may, in the situations specified in Articles 22,
23 and 24 apply forthwith such precautionary measures as are
strictly necessary to remedy the situation, and shall inform the
other Party immediately.
Article 26
When one or more Member States of the Community or Israel is in
serious balance of payments difficulties or under threat thereof,
the Community or Israel, as the case may be, may, in accordance with
the conditions laid down within the framework of the GATT and with
Articles VIII and XIV of the Articles of Agreement of the
International Monetary Fund, adopt restrictive measures which shall
be of limited duration and may not go beyond what is necessary to
remedy the balance of payments situation. The Community or Israel,
as the case may be, shall inform the other Party forthwith and
present to the other Party, as soon as possible, a time schedule for
their removal.
Article 27
Nothing in this Agreement shall preclude prohibitions or
restrictions on imports, exports or goods in transit justified on
grounds of public morality, public policy or public security; the
protection of health and life of humans, animals or plants; the
protection of national treasures possessing artistic, historic or
archaeological value; the protection of intellectual, industrial and
commercial property or rules concerning gold and silver. Such
prohibitions or restrictions shall not, however, constitute a means
of arbitrary discrimination or a disguised restriction on trade
between the Parties.
Article 28
The concept of "originating products" for the application of this
title and the methods of administrative cooperation relating to them
are set out in Protocol 4.
TITLE III
RIGHT OF ESTABLISHMENT AND SUPPLY OF SERVICES
Article 29
1. The Parties agree to widen the scope of the Agreement to cover
the right of establishment of firms of one Party in the territory of
another Party and the liberalisation of the provision of services by
one Party's firms to consumers of services in the other.
2. The Association Council shall make the necessary recommendations
for the implementation of the objective described in paragraph 1.
In making such recommendations, the Association Council shall take
account of past experience of implementation of the reciprocal
most-favoured-nation treatment and of the obligations of each Party
under the General Agreement on Trade in Services, hereinafter
referred to as the "GATS", particularly those in Article V of the
latter.
3. The Association Council shall make a first assessment of the
achievement of this objective no later than three years after the
Agreement enters into force.
Article 30
1. At the outset, each of the Parties reaffirms its obligations
under the GATS, particularly the obligation to grant reciprocal
most-favoured-nation treatment in the services sectors covered by
that obligation.
2. In accordance with the GATS, this treatment shall not apply to:
(a) advantages accorded by either Party under the terms of an
agreement of the type defined in Article V of the GATS nor to
measures taken on the basis of such an agreement;
(b) other advantages granted in accordance with the list of
most-favoured-nation exemptions annexed by either Party to the GATS.
TITLE IV
CAPITAL MOVEMENTS, PAYMENTS, PUBLIC PROCUREMENT, COMPETITION AND
INTELLECTUAL PROPERTY
CHAPTER 1
CAPITAL MOVEMENTS AND PAYMENTS
Article 31
Within the framework of the provisions of this Agreement, and
subject to the provisions of Articles 33 and 34, there shall be no
restrictions between the Community of the one part, and Israel of
the other part, on the movement of capital and no discrimination
based on the nationality or on the place of residence of their
nationals or on the place where such capital is invested.
Article 32
Current payments connected with the movement of goods, persons,
services or capital within the framework of this Agreement shall be
free of all restrictions.
Article 33
Subject to other provisions in this Agreement and other
international obligations of the Community and Israel, the
provisions of Articles 31 and 32 shall be without prejudice to the
application of any restriction which exists between them on the date
of entry into force of this Agreement, in respect of the movement of
capital between them involving direct investment, including in real
estate, establishment, the provision of financial services or the
admission of securities to capital markets.
However, the transfer abroad of investments made in Israel by
Community residents or in the Community by Israeli residents and of
any profit stemming therefrom shall not be affected.
Article 34
Where, in exceptional circumstances, movements of capital between
the Community and Israel cause, or threaten to cause, serious
difficulties for the operation of exchange rate policy or monetary
policy in the Community or Israel, the Community or Israel
respectively may, in conformity within the conditions laid down
within the framework of the GATS and with Articles VIII and XIV of
the Articles of Agreement of the International Monetary Fund, take
safeguard measures with regard to movements of capital between the
Community and Israel for a period not exceeding six months if such
measures are strictly necessary.
CHAPTER 2
PUBLIC PROCUREMENT
Article 35
The Parties shall take measures with a view to a mutual opening of
their respective government procurement markets and the procurement
markets of undertakings operating in the utilities sectors for
purchase of goods, works and services beyond the scope of what has
been mutually and reciprocally covered under the Government
Procurement Agreement concluded in the framework of the WTO.
CHAPTER 3
COMPETITION
Article 36
1. The following are incompatible with the proper functioning of the
Agreement, in so far as they may affect trade between the Community
and Israel:
(i) all agreements between undertakings, decisions by associations
of undertakings and concerted practices between undertakings which
have as their object or effect the prevention, restriction or
distortion of competition;
(ii) abuse by one or more undertakings of a dominant position in the
territories of the Community or Israel as a whole or in a
substantial part thereof;
(iii) any public aid which distorts or threatens to distort
competition by favouring certain undertakings or the production of
certain goods.
2. The Association Council shall, within three years of the entry
into force of the Agreement, adopt by decision the necessary rules
for the implementation of paragraph 1.
Until these rules are adopted, the provisions of the Agreement on
interpretation and application of Articles VI, XVI and XXIII of the
GATT shall be applied as the rules for the implementation of
paragraph 1(iii).
3. Each Party shall ensure transparency in the area of public aid,
inter alia, by reporting annually to the other Party on the total
amount and the distribution of the aid given and by providing, upon
request, information on aid schemes. Upon request by one Party, the
other Party shall provide information on particular individual cases
of public aid.
4. With regard to agricultural products referred to in Title II,
Chapter 3, paragraph 1(iii) does not apply.
5. If the Community or Israel considers that a particular practice
is incompatible with the terms of paragraph 1 and:
- is not adequately dealt with under the implementing rules referred
to in paragraph 2, or
- in the absence of such rules, and if such practice causes or
threatens to cause serious prejudice to the interest of the other
Party or material injury to its domestic industry, including its
services industry,
it may take appropriate measures after consultation within the
Association Committee or after 30 working days following referral
for such consultation.
With reference to practices incompatible with paragraph 1(iii), such
appropriate measures, when the GATT is applicable to them, may only
be adopted in accordance with the procedures and under the
conditions laid down by the GATT or by any other relevant instrument
negotiated under its auspices and applicable to the Parties.
6. Notwithstanding any provisions to the contrary adopted in
accordance with paragraph 2, the Parties shall exchange information
taking into account the limitations imposed by the requirements of
professional and business secrecy.
Article 37
1. The Member States and Israel shall progressively adjust 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 Israel.
2. The Association Committee shall be informed about the measures
adopted to implement this objective.
Article 38
With regard to public undertakings and undertakings to which special
or exclusive rights have been granted, the Association Council shall
ensure that as from the fifth year following the date of entry into
force of this Agreement there is neither enacted nor maintained any
measure distorting trade between the Community and Israel to an
extent contrary to the Parties' interests. This provision should not
obstruct the performance in law or in fact of the particular tasks
assigned to those undertakings.
CHAPTER 4
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY
Article 39
1. Pursuant to the provisions of this Article and of Annex VII, the
Parties shall grant and ensure adequate and effective protection of
intellectual, industrial and commercial property rights in
accordance with the highest international standards, including
effective means of enforcing such rights.
2. The implementation of this Article and of Annex VII shall be
regularly reviewed by the Parties. If problems in the area of
intellectual, industrial and commercial property affecting trading
conditions were to occur, urgent consultation within the Association
Committee shall be undertaken, at the request of either Party, with
a view to reaching mutually satisfactory solutions.
TITLE V
SCIENTIFIC AND TECHNOLOGICAL COOPERATION
Article 40
The Parties undertake to intensify scientific and technological
cooperation. Detailed arrangements for the implementation of this
objective shall be set out in separate agreements concluded for this
purpose.
TITLE VI
ECONOMIC COOPERATION
Article 41
Objectives
The Community and Israel undertake to promote economic cooperation
to their mutual benefit and on the basis of reciprocity in
accordance with the overall objectives of the Agreement.
Article 42
Scope
1. Cooperation shall focus principally on sectors relevant to the
rapprochement of the economies of the Community and Israel or
producing growth or employment. The main sectors of cooperation are
set out in Articles 44 to 57, without prejudice to the possibility
of including cooperation in other sectors of interest to the
Parties.
2. Conservation of the environment and ecological balance shall be
taken into account in the implementation of the various sectors of
economic cooperation to which it is relevant.
Article 43
Methods and Modalities
Economic cooperation shall be implemented in particular by:
(a) a regular economic dialogue between the Parties, which covers
all areas of economic policy and, in particular, fiscal policy,
balance of payments and monetary policy, and which shall enhance
close collaboration between the authorities concerned with economic
policy, each in their respective areas of competence within the
Association Council or any other forum designated by the Association
Council;
(b) a regular exchange of information and ideas in every sector of
cooperation including meetings of officials and experts;
(c) transfer of advice, expertise and training;
(d) implementation of joint actions such as seminars and workshops;
(e) technical, administrative and regulatory assistance;
(f) the dissemination of information on cooperation.
Article 44
Regional cooperation
The Parties shall encourage operations designed to promote regional
cooperation.
Article 45
Industrial cooperation
The Parties shall promote cooperation in particular in the following
areas:
- industrial cooperation between economic operators in the Community
and in Israel, including access for Israel to Community networks for
the rapprochement of businesses and decentralised cooperation,
- diversification of industrial output in Israel,
- cooperation between small and medium-sized enterprises in the
Community and Israel,
- easier access to investment finance,
- information and support services,
- stimulation of innovation.
Article 46
Agriculture
The Parties shall focus cooperation in particular on:
- support for policies implemented by them to diversify production,
- promotion of environment-friendly agriculture,
- closer relations between businesses, groups and organisations
representing trades and professions in Israel and in the Community
on a voluntary basis,
- technical assistance and training,
- harmonisation of phytosanitary and veterinary standards,
- integrated rural development, including improvement in basic
services and development of associated economic activities,
- cooperation among rural regions, exchange of experience and
know-how concerning rural development.
Article 47
Standards
The Parties shall aim to reduce differences in standardisation and
conformity assessment. To this end the Parties shall conclude where
appropriate agreements on mutual recognition in the field of
conformity assessment.
Article 48
Financial services
The Parties shall cooperate, where appropriate through the
conclusion of agreements, on the adoption of common rules and
standards, inter alia, for accounting and for supervisory and
regulatory systems of banking, insurance and other financial
sectors.
Article 49
Customs
1. The Parties commit themselves to developing customs cooperation
to ensure that the provisions on trade are observed. For this
purpose they shall establish a dialogue on customs matters.
2. Cooperation shall focus on the simplification and computerisation
of customs procedures, which shall, in particular, take the form of
exchange of information among experts and vocational training.
3. Without prejudice to other forms of cooperation envisaged in this
agreement, notably for the fight against drugs and money laundering,
the Parties' administrations shall provide mutual assistance in
accordance with the provisions of Protocol 5.
Article 50
Environment
1. The Parties shall promote cooperation in the tasks of preventing
deterioration of the environment, controlling pollution and ensuring
the rational use of natural resources, with a view to ensuring
sustainable development and promoting regional environmental
projects.
2. Cooperation shall focus, in particular, on:
- desertification,
- the quality of Mediterranean water and the control and prevention
of marine pollution,
- waste management,
- salinisation,
- environmental management of sensitive coastal areas,
- environmental education and awareness,
- the use of advanced tools of environmental management,
environmental monitoring methods and surveillance, including the use
of environmental information systems (EIS) and environmental impact
assessment,
- the impact of industrial development on the environment in general
and the safety of industrial facilities in particular,
- the impact of agriculture on soil and water quality.
Article 51
Energy
1. The Parties consider that global warming and the depletion of
fossil fuel sources are a serious threat to mankind. The Parties
shall therefore cooperate with a view to developing sources of
renewable energy, to ensure the use of fuels with the purpose of
limiting pollution of the environment and promoting energy
conservation.
2. The Parties shall endeavour to encourage operations designed to
favour regional cooperation on matters such as transit of gas, oil
and electricity.
Article 52
Information infrastructures and telecommunications
The Parties shall promote cooperation in the development of
information infrastructures and telecommunications to their mutual
benefit. Cooperation shall focus primarily on pursuing actions
related to research and technological development, harmonisation of
standards and modernisation of technology.
Article 53
Transport
1. The Parties shall promote cooperation in the field of transport
and related infrastructure, in order to improve the efficiency of
movement of passengers and of goods, both at bilateral and regional
level.
2. Cooperation shall focus, in particular, on:
- achieving high standards of safety and security in maritime and
air transport; for this purpose the Parties shall establish
consultations at expert level to exchange information,
- standardisation of technical equipment, in particular in combined,
multimodal transport and transhipment,
- promotion of joint technological and research programmes.
Article 54
Tourism
The Parties shall exchange information on planned tourism
development and tourism marketing projects, tourism shows,
exhibitions, conventions and publications.
Article 55
Approximation of laws
The Parties shall use their best endeavours to approximate their
respective laws in order to facilitate the implementation of this
Agreement.
Article 56
Drugs and money laundering
1. The Parties shall cooperate with a view in particular to:
- improving the effectiveness of policies and measures to counter
the supply of, and illicit trafficking in, narcotic drugs and
psychotropic substances and the reduction of the abuse of these
products,
- encouraging a joint approach to reducing demand,
- preventing the use of the Parties' financial systems to launder
capital arising from criminal activities in general and drug
trafficking in particular.
2. Cooperation shall take the form of exchange of information and,
where appropriate, joint activities on:
- drafting and implementation of national legislation,
- monitoring trade in precursors,
- establishment of social and health institutions and information
systems and the implementation of projects along these lines,
including training and research projects,
- implementation of the highest possible international standards
relating to the fight against money laundering and the misuse of
chemical precursors, in particular those adopted by the Financial
Action Task Force (FATF) and the Chemical Action Task Force (CATF).
3. The Parties shall determine together, in accordance with their
respective legislation, the strategies and cooperation methods
appropriate for attaining these objectives. Their operations, other
than joint operations, shall form the subject of consultations and
close coordination.
The relevant public and private sector bodies, in accordance with
their own powers, working with the competent bodies of Israel, the
Community and its Member States, may take part in these operations.
Article 57
Migration
The Parties shall cooperate with a view in particular to:
- defining areas of mutual interest concerning policies on
immigration,
- increasing the effectiveness of measures aimed at preventing or
curbing illegal migratory flows.
TITLE VII
COOPERATION ON AUDIOVISUAL AND CULTURAL MATTERS, INFORMATION AND
COMMUNICATION
Article 58
1. The Parties shall undertake to promote cooperation in the
audiovisual sector to their mutual benefit.
2. The Parties shall seek ways of associating Israel with Community
initiatives in this sector, thus enabling cooperation in such areas
as coproduction, training, development and distribution.
Article 59
The Parties shall promote cooperation on education, training and
youth exchange. The areas of cooperation may include in particular:
youth exchanges, cooperation among universities and other
educational/training institutions, language training, translation
and other ways of promoting better mutual understanding of their
respective cultures.
Article 60
The Parties shall promote cultural cooperation. The areas of
cooperation may include in particular translation, exchange of works
of art and artists, conservation and restoration of historic and
cultural monuments and sites, training of persons working in the
cultural field, the organisation of European-oriented cultural
events, raising mutual awareness and contributing to the
dissemination of information on outstanding cultural events.
Article 61
The Parties shall promote activities of mutual interest in the field
of information and communication.
Article 62
Cooperation shall be implemented in particular through:
(a) a regular dialogue between the Parties;
(b) a regular exchange of information and ideas in every sector of
cooperation including meetings of officials and experts;
(c) transfer of advice, expertise and training;
(d) implementation of joint actions such as seminars and workshops;
(e) technical, administrative and regulatory assistance;
(f) the dissemination of information on cooperation initiatives.
TITLE VIII
SOCIAL MATTERS
Article 63
1. The Parties shall conduct a dialogue covering all aspects of
mutual interest. The dialogue shall cover in particular questions
relating to social problems of post-industrial societies, such as
unemployment, rehabilitation of disabled people, equal treatment for
men and women, labour relations, vocational training, work safety
and hygiene, etc.
2. Cooperation will take place through experts' meetings, seminars
and workshops.
Article 64
1. In order to coordinate the social security regimes of Israeli
workers legally employed on the territory of a Member State and of
their family members legally resident there, the following
provisions should apply, subject to the conditions and modalities
applicable in each Member State:
- all periods of insurance, employment or residence fulfilled by
such workers in the different Member States shall be totalled for
the purposes of the establishment of the right to old age,
invalidity and survivors' pensions and allowances and for the
purposes of medical care for themselves and their families,
- all pensions and allowances for old age, survivors, accident at
work, occupational illness or invalidity, with the exception of
non-contributory payments, shall benefit from free transfer to
Israel at the rate applicable resulting from the legislation of the
liable Member State(s),
- the workers concerned shall receive family allowances for the
members of their family referred to above.
2. Israel shall grant to workers who are nationals of a Member State
legally employed on its territory and to their family members
legally resident there a treatment similar to that referred to in
paragraph 1, second and third indents, subject to the conditions and
modalities applicable in Israel.
Article 65
1. The Association Council shall decide on the provisions for the
implementation of the objectives contained in Article 64.
2. The Association Council shall decide on the modalities of
administrative cooperation to guarantee the management and control
necessary for the implementation of the provisions contained in
paragraph 1.
Article 66
The arrangements decided by the Association Council, in accordance
with Article 65, shall in no way affect the rights and obligations
resulting from bilateral agreements between Israel and the Member
States where these agreements provide for a more favourable
treatment of Israeli nationals or for nationals of the Member
States.
TITLE IX
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 67
An Association Council is hereby established which shall meet at
ministerial level once a year and when circumstances require, at 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 68
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 members of the Government
of the State of Israel, on the other.
2. The Association Council shall establish its Rules of Procedure.
3. Members of the Association Council may arrange to be represented
in accordance with the provisions laid down in 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 State of Israel, in accordance with the provisions laid down in
its Rules of Procedure.
Article 69
1. The Association Council shall, for the purpose of attaining the
objectives of the Agreement, have the power to take decisions in the
cases provided for therein.
These decisions 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.
2. The Association Council shall draw up its decisions and
recommendations by agreement between the Parties.
Article 70
1. Subject to the powers of the Association 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 71
1. The Association Committee, which shall meet at official level,
shall consist of representatives of the 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 State of Israel, 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 State of
Israel.
Article 72
1. 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 Association Council has delegated its powers to it.
These decisions shall be binding on the Parties which shall take the
measures necessary to implement the decisions taken.
2. The Association Committee shall draw up its decisions by
agreement between the Parties.
Article 73
The Association Council may decide to set up any working group or
body necessary for the implementation of the Agreement.
Article 74
The Association Council shall take all appropriate measures to
facilitate cooperation and contacts between the European Parliament
and the Knesset of the State of Israel, and between the Economic and
Social Committee of the Community and the Economic and Social
Council of Israel.
Article 75
1. Each of the Parties 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 must take the steps required to implement
the decision of the arbitrators.
Article 76
Nothing in the Agreement shall prevent a 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 77
In the fields covered by this Agreement, and without prejudice to
any special provisions contained therein:
- the arrangements applied by Israel 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 Israel
shall not give rise to discrimination between Israeli nationals or
its companies or firms.
Article 78
As regards direct taxation, nothing in the 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 the avoidance or the evasion of taxes,
- opposing the right of either Party to apply the relevant
provisions of its tax legislation to taxpayers whose position, as
regards place of residence, is not identical.
Article 79
1. The Parties shall take any general or specific measures required
to fulfil their obligations under the Agreement. They shall see to
it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to
fulfil an obligation under the Agreement, it may take appropriate
measures. Before so doing, except in cases of special urgency, it
shall supply the Association Council with all 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 shall be given to those which
least disturb the functioning of the 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 80
Protocols 1 to 5, Annexes I to VII shall form an integral part of
this Agreement. Declarations and Exchanges of Letters shall appear
in the Final Act, which shall form an integral part of this
Agreement.
Article 81
For the purpose of this Agreement the term "Parties" shall mean the
Community, or the Member States, or the Community and the Member
States, in accordance with their respective powers, of the one part,
and Israel of the other part.
Article 82
The Agreement is concluded for an unlimited period.
Each of the Parties may denounce the Agreement by notifying the
other Party. The Agreement shall cease to apply six months after the
date of such notification.
Article 83
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 State of Israel.
Article 84
This Agreement is drawn up in duplicate in the Danish, Dutch,
English, Finnish, French, German, Greek, Italian, Portuguese,
Spanish, Swedish and Hebrew languages; each of these texts being
equally authentic, shall be deposited with the General Secretariat
of the Council of the European Union.
Article 85
This Agreement shall be approved by the Parties in accordance with
their own procedures.
This Agreement shall enter into force on the first day of the second
month following the date on which the Parties notify each other that
the procedures referred to in the first paragraph have been
completed.
Upon its entry into force this Agreement shall replace the Agreement
between the European Community and the State of Israel, and the
Agreement between the Member States of the European Coal and Steel
Community, of the one part, and the State of Israel, of the other
part, signed in Brussels on 11 May 1975.
Hecho en Bruselas, el veinte de noviembre de mil novecientos noventa
y cinco.
Udfördiget i Bruxelles, den tyvende november nitten hundrede og
femoghalvfems.
Geschehen zu BrŽssel am zwanzigsten November
neunzehnhundertfŽnfundneunzig.
>ISO_7>øółżõ ėĮłĖ ĀęįžąūūõĖ, ėĮłĖ õčś˙ėł Ķ˙õüņęč˙į ščūłń õżżłńśŽėłń
õżõżČżĮń ĘążĮõ.
Done at Brussels on the twentieth day of November in the year one
thousand, nine hundred and ninety-five.
Fait š Bruxelles, le vingt novembre mil neuf cent
quatre-vingt-quinze.
Fatto a Bruxelles, addü venti novembre millenovecentonovantacinque.
Gedaan te Brussel, de twintigste november
negentienhonderdvijfennegentig.
Feito em Bruxelas, em vinte de Novembro de mil novecentos e noventa
e cinco.
Tehty Brysselissō kahdentenakymmenentenō pōivōnō marraskuuta vuonna
tuhatyhdeksōnsataayhdeksōnkymmentōviisi.
Som skedde i Bryssel den tjugonde november nittonhundranittiofem.
>PIC FILE= "L_2000147EN.001801.TIF">
Pour le Royaume de Belgique/Voor het Koninkrijk Belgiū/FŽr das
KŠnigreich Belgien
>PIC FILE= "L_2000147EN.001802.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.
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de
Franstalige Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse
Gewest, het Waalse Gewest en het Brusselse Hoofdstedelijke Gewest.
Diese Unterschrift verbindet zugleich die Deutschsprachige
Gemeinschaft, die Flōmische Gemeinschaft, die FranzŠsische
Gemeinschaft, die Wallonische Region, die Flōmische Region und die
Region BrŽssel-Hauptstadt.
Põ Kongeriget Danmarks vegne
>PIC FILE= "L_2000147EN.001803.TIF">
FŽr die Bundesrepublik Deutschland
>PIC FILE= "L_2000147EN.001901.TIF">
>ISO_7>Ćłń Į÷ż Åūū÷żłśČ Ä÷ü˙śęńĮčń
>ISO_1>> PIC FILE= "L_2000147EN.001902.TIF">
Por el Reino de Espaęa
>PIC FILE= "L_2000147EN.001903.TIF">
Pour la Rłpublique fran÷aise
>PIC FILE= "L_2000147EN.001904.TIF">
Thar cheann na hÉireann/For Ireland
>PIC FILE= "L_2000147EN.001905.TIF">
Per la Repubblica italiana
>PIC FILE= "L_2000147EN.001906.TIF">
Pour le Grand-Duchł de Luxembourg
>PIC FILE= "L_2000147EN.002001.TIF">
Voor het Koninkrijk der Nederlanden
>PIC FILE= "L_2000147EN.002002.TIF">
FŽr die Republik Österreich
>PIC FILE= "L_2000147EN.002003.TIF">
Pela RepŪblica Portuguesa
>PIC FILE= "L_2000147EN.002004.TIF">
Suomen tasavallan puolesta
>PIC FILE= "L_2000147EN.002005.TIF">
FŠr Konungariket Sverige
>PIC FILE= "L_2000147EN.002006.TIF">
For the United Kingdom of Great Britain and Northern Ireland
>PIC FILE= "L_2000147EN.002101.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_2000147EN.002102.TIF">
>PIC FILE= "L_2000147EN.002103.TIF">
>PIC FILE= "L_2000147EN.002104.TIF">
LIST OF ANNEXES
>TABLE POSITION>
ANNEX I
LIST OF PRODUCTS REFERRED TO IN ARTICLE 7
>TABLE POSITION>
ANNEX II
LIST OF PRODUCTS REFERRED TO IN ARTICLE 9
>TABLE POSITION>
ANNEX III
LIST OF PRODUCTS REFERRED TO IN ARTICLE 9
>TABLE POSITION>
ANNEX IV
LIST OF PRODUCTS REFERRED TO IN ARTICLE 9(2)
>TABLE POSITION>
ANNEX V
LIST OF PRODUCTS REFERRED TO IN ARTICLE 9
>TABLE POSITION>
ANNEX VI
LIST OF PRODUCTS SUBJECT TO CONCESSIONS REFERRED TO IN ARTICLE 9(6)
Table 1: Imports into the Community of the following goods
originating in Israel shall be subject to the concessions set out
below
>TABLE POSITION>
Table 2: Imports into Israel of the following goods originating in
the Community shall be subject to the concessions set out below
>TABLE POSITION>
ANNEX VII
INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS REFERRED TO
IN ARTICLE 39
1. By the end of the third year after the entry into force of the
Agreement, Israel shall accede to the following multilateral
conventions on intellectual, industrial and commercial property
rights to which Member States are parties or which are de facto
applied by Member States:
- Berne Convention for the Protection of Literary and Artistic Works
(Paris Act, 1971),
- Madrid Agreement concerning the International Registration of
Marks (Stockholm Act, 1967 and amended in 1979),
- Protocol relating to the Madrid Agreement concerning the
International Registration of Marks (Madrid, 1989),
- Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure (1977, modified
in 1980),
- Patent Cooperation Treaty (Washington, 1970, amended in 1979 and
modified in 1984).
The Association Council may decide that this paragraph shall apply
to other multilateral conventions in this field.
2. Israel shall ratify, by the end of the second year after the
entry into force of the Agreement, the International Convention for
the Protection of Performers, Producers of Phonograms and
Broadcasting Organisations (Rome, 1961).
3. The Parties confirm the importance they attach to the obligations
arising from the following multilateral conventions:
- Paris Convention for the Protection of Industrial Property
(Stockholm Act, 1967, and amended in 1979),
- Nice Agreement concerning the International Classification of
Goods and Services for the purposes of the Registr …
DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.