(e) extraction by means of selective solvents; (f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (ij) isomerisation; (k) in respect of heavy oils of 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 of heading No 2710 only, deparaffining by a process other than filtering; (m) in respect of heavy oils of 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 desulphurization, 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 decolourisation), 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 of 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 of heading No ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
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7.3. For the purposes of headings Nos ex 2707, 2713 to 2715, ex 2901, ex 2902 and ex 3403, simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin.
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(1)See Additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.
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(2)See Additional Explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.
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ANNEX 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 MOVEMENT CERTIFICATE EUR.1 AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1 1. Each form shall measure 210 × 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighting not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
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2.The competent authorities of the parties may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified. >PIC FILE= \"L_2001330EN.019301.TIF\"> >PIC FILE= \"L_2001330EN.019401.TIF\"> >PIC FILE= \"L_2001330EN.019501.TIF\"> >PIC FILE= \"L_2001330EN.019601.TIF\"> ANNEX IV INVOICE DECLARATION The invoice declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.
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Spanish Version El exportador de los productos incluidos en el presente documento (autorizaciėn aduanera n°.(1)) declara que, salvo indicaciėn en sentido contrario, estos productos gozan de un origen preferencial ...(2).
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Danish Version EksportŲren af varer, der er omfattet af nörvörende dokument (toldmyndighedernes tilladelse nr. ...(3)), erklörer, at varerne, medmindre andet tydeligt er angivet, har pröferenceoprindelse i ...(4).
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German Version Der AusfŽhrer (Ermōchtigter AusfŽhrer; Bewilligungs-Nr. ...(5)) der Waren, auf die sich dieses Handelspapier bezieht, erklōrt, dass diese Waren, soweit nicht anderes angegeben, prōferenzbegŽnstigte ...(6) Ursprungswaren sind.
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Greek Version >ISO_7>Ļ õžńóųóąńĖ Įųż Ęę˙ŪŽżĮųż Ę˙į śńūžĘĮ˙żĮńł ńĘŽ Į˙ Ęńꎿ ąóóęńŠ˙ (Ąōõłń Įõūųżõč˙į įĘ'ńęłų. ...(7)) ō÷ūžżõł ŽĮł, õśĮŽĖ õĄż ō÷ūžżõĮńł ėńŠžĖ ĄūūųĖ, Įń Ęę˙ŪŽżĮń ńįĮĄ õčżńł Ęę˙Įłü÷ėłńśČĖ śńĮńóųóČĖ ...(8). >ISO_1>English Version The exporter of the products covered by this document (customs authorisation No ...(9)) declares that, except where otherwise clearly indicated, these products are of ...(10) preferential origin.
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French Version L'exportateur des produits couverts par le prłsent document (autorisation douaniųre n° ...(11)) dłclare que, sauf indication claire du contraire, ces produits ont l'origine prłfłrentielle ...(12).
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Italian Version L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ...(13)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ...(14).
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Dutch Version De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. ...(15)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiūle ... oorsprong zijn(16).
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Portuguese Version O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autoriza÷óo aduaneira n°. ...(17)), declara que, salvo expressamente indicado em contrńrio, estes produtos sóo de origem preferencial ...(18).
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Finnish Version Tōssō asiakirjassa mainittujen tuotteiden viejō (tullin lupa n:o ...(19)) ilmoittaa, ettō nōmō tuotteet ovat, ellei toisin ole selvōsti merkitty, etuuskohteluun oikeutettuja ... alkuperōtuotteita(20).
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Swedish Version ExportŠren av de varor som omfattas av detta dokument (tullmyndighetens tillstõnd nr. ...(21)) fŠrsōkrar att dessa varor, om inte annat tydligt markerats, har fŠrmõnsberōttigande ...(22)ursprung.
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Croatian version Izvoznik proizvoda obuhvaöenih ovom ispravom (carinsko ovlastenje br ...(23)izjavljuje da su, osim ako je to drukųije izriųito navedeno, ovi proizvodi ...(24)) preferencijalnog podrijetla. ...(25) (Place and date) ...(26) (Signature of the exporter, in addition the name of the person signing the declaration has to be indicated in clear script)
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(1)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(2)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(3)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(4)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(5)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(6)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(7)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(8)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(9)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(10)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(11)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(12)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(13)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(14)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(15)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(16)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(17)When the invoice declaration is made out by an approval exporter, the authorization number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(18)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(19)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(20)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(21)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(22)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(23)When the invoice declaration is made out by an approval exporter, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approval exporter, the words in brackets shall be omitted or the space left blank.
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(24)Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products originating in Ceuta and Mellila, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol \"CM\".
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(25)These indications may be omitted if the information is contained on the document itself.
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(26)In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.
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PROTOCOL 5 on mutual administrative assistance in customs matters
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Article 1Definitions
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For the purposes of this Protocol: (a) \"customs legislation\" shall mean any legal or regulatory provisions applicable in the territories of the Contracting Parties, governing the import, export and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control; (b) \"applicant authority\" shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which makes a request for assistance on the basis of this Protocol; (c) \"requested authority\" shall mean a competent administrative authority which has been designated by a Contracting Party for this purpose and which receives a request for assistance on the basis of this Protocol; (d) \"personal data\" shall mean all information relating to an identified or identifiable individual; (e) \"operation in breach of customs legislation\" shall mean any violation or attempted violation of customs legislation.
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Article 2Scope
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1.The Contracting Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Protocol, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.
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2.Assistance in customs matters, as provided for in this Protocol, shall apply to any administrative authority of the Contracting Parties which is competent for the application of this Protocol. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority, except where communication of such information is authorised by that authority.
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3.Assistance to recover duties, taxes or fines is not covered by this Protocol.
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Article 3Assistance on request
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1.At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities noted or planned which are or could be operations in breach of customs legislation.
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2.At the request of the applicant authority, the requested authority shall inform it: (a) whether goods exported from the territory of one of the Contracting Parties have been properly imported into the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods; (b) whether goods imported into the territory of one of the Contracting Parties have been properly exported from the territory of the other Party, specifying, where appropriate, the customs procedure applied to the goods.
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3.At the request of the applicant authority, the requested authority shall, within the framework of its legal or regulatory provisions, take the necessary steps to ensure special surveillance of: (a) natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation; (b) places where stocks of goods have been or may be assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation; (c) goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation; (d) means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.
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Article 4Spontaneous assistance
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The Contracting Parties shall assist each other, at their own initiative and in accordance with their legal or regulatory provisions, if they consider that to be necessary for the correct application of customs legislation, particularly by providing information obtained pertaining to:
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-activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party,
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-new means or methods employed in carrying out operations in breach of customs legislation,
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-goods known to be subject to operations in breach of customs legislation,
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-natural or legal persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation,
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-means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.
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Article 5Delivery, notification
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At the request of the applicant authority, the requested authority shall, in accordance with legal or regulatory provisions applicable to the latter, take all necessary measures in order to:
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-deliver any documents, or
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-notify any decisions, emanating from the applicant authority and falling within the scope of this Protocol, to an addressee residing or established in the territory of the requested authority.
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Requests for delivery of documents or notification of decisions shall be made in writing in an official language of the requested authority or in a language acceptable to that authority.
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Article 6Form and substance of requests for assistance
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1.Requests pursuant to this Protocol shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but must be confirmed in writing immediately.
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2.Requests pursuant to paragraph 1 shall include the following information: (a) the applicant authority; (b) the measure requested; (c) the object of and the reason for the request; (d) the legal or regulatory provisions and other legal elements involved; (e) indications as exact and comprehensive as possible on the natural or legal persons who are the target of the investigations; (f) a summary of the relevant facts and of the enquiries already carried out.
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3.Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority.
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This requirement shall not apply to any documents that accompany the request under paragraph 1.
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4.If a request does not meet the formal requirements set out above, its correction or completion may be requested; in the meantime precautionary measures may be ordered.
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Article 7Execution of requests
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1.In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.
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This provision shall also apply to any other authority to which the request has been addressed by the requested authority when the latter cannot act on its own.
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2.Requests for assistance shall be executed in accordance with the legal or regulatory provisions of the requested Contracting Party.
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3.Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority or any other concerned authority in accordance with paragraph 1 information relating to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purposes of this Protocol.
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4.Duly authorised officials of a Contracting Party involved may, with the agreement of the other Contracting Party involved and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's territory.
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Article 8Form in which information is to be communicated
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1.The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.
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2.This information may be in computerised form.
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3.Original documents shall be transmitted only upon request in cases where certified copies would be insufficient. These originals shall be returned at the earliest opportunity.
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Article 9Exceptions to the obligation to provide assistance
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1.Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements in cases where a Party is of the opinion that assistance under this Protocol would: (a) be likely to prejudice the sovereignty of Croatia or that of a Member State which has been requested to provide assistance under this Protocol; or (b) be likely to prejudice public policy, security or other essential interests, in particular in the cases referred to under Article 10(2); or (c) violate an industrial, commercial or professional secret.
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2.Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
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3.Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
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4.For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without delay.
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Article 10Information exchange and confidentiality
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1.Any information communicated in whatsoever form pursuant to this Protocol shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.
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2.Personal data may be exchanged only where the Contracting Party which may receive them undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply them. To that end, contracting parties shall communicate to each other information on their applicable rules, including, where appropriate, legal provisions in force in the Member States of the Community.
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3.The use, in judicial or administrative proceedings instituted in respect of operations in breach of customs legislation, of information obtained under this Protocol, is considered to be for the purposes of this Protocol. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in proceedings and charges brought before the courts, use as evidence information obtained and documents consulted in accordance with the provisions of this Protocol. The competent authority which supplied that information or gave access to those documents shall be notified of such use.
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4.Information obtained shall be used solely for the purposes of this Protocol. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information.
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Such use shall then be subject to any restrictions laid down by that authority.
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Article 11Experts and witnesses
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An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which judicial or administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.
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Article 12Assistance expenses
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The 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 and witnesses, and those to interpreters and translators who are not public service employees.
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Article 13Implementation
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1.The implementation of this Protocol shall be entrusted, on the one hand, to the customs authorities of Croatia and, on the other hand, to the competent services of the Commission of the European Communities and the customs authorities of the Member States of the European Union as appropriate. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Protocol.
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2.The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Protocol.
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Article 14Other agreements
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1.Taking into account the respective competencies of the European Community and the Member States, the provisions of this Protocol shall:
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-not affect the obligations of the Contracting Parties under any other international agreement or convention,
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-be deemed complementary to agreements on mutual assistance which have been or may be concluded between individual Member States and Croatia, and shall
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-not affect the Community provisions governing the communication between the competent services of the Commission of the European Communities and the customs authorities of the Member States of any information obtained under this Protocol which could be of interest to the Community.
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2.Notwithstanding the provisions of paragraph 1, the provisions of this Protocol shall take precedence over the provisions of any bilateral agreement on mutual assistance which has been or may be concluded between individual Member States and Croatia in so far as the provisions of the latter are incompatible with those of this Protocol.
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3.In respect of questions relating to the applicability of this Protocol, the Contracting Parties shall consult each other to resolve the matter in the framework of the Interim Committee set up under Article 38 of this Agreement.
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PROTOCOL 6 on road transit traffic
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Article 1(SAA Protocol 6, Article 3(a) and (b))
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Definitions For the purpose of this Protocol, the following definitions shall apply: (a) Community transit traffic: the carriage, by a carrier established in the Community, of goods in transit through Croatian territory en route to or from a Member State of the Community; (b) Croatian transit traffic: the carriage, by a carrier established in Croatia, of goods in transit from Croatia through Community territory and destined for a third country or of goods from a third country destined for Croatia.
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Article 2(SAA Protocol 6, Article 11(2) (3) and (6))
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General provisions 1. The Parties hereby agree to grant unrestricted access to Community transit traffic through Croatia and to Croatian transit traffic through the Community with effect from the date of entry into force of this Agreement.
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2.By way of derogation from paragraph 1 the following provisions will apply to Croatian transit traffic through Austria: (a) until 31 December 2002 a regime for Croatian transit identical to that applied under the bilateral Agreement between Austria and Croatia, signed on 6 June 1995, will be maintained. No later than 30 June 2002 the Parties will examine the functioning of the regime applied between Austria and Croatia in the light of the principle of non-discrimination which must apply to heavy goods vehicles from the European Community and such vehicles from Croatia in transit through Austria. Appropriate measures will be taken in order to ensure, if necessary, effective non-discrimination; (b) with effect from 1 January 2003 a system of ecopoints similar to that laid down by Article 11 of Protocol 9 to the 1994 Act of Accession of Austria to the European Union will apply until 31 December 2003. The method of calculation and the detailed rules and procedures for the management and control of the ecopoints will be agreed in good time by means of an exchange of letters between the Contracting Parties and will be in line with the provisions of Articles 11 and 14 of the abovementioned Protocol 9.
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3.The Parties shall refrain from taking any unilateral action that might lead to discrimination between Community and Croatian carriers or vehicles. Each Contracting Party shall take all steps necessary to facilitate road transport to or through the territory of the other Contracting Party.
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Article 3(SAA Protocol 6, Article 18)
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Simplification of formalities 1. The Parties agree to simplify the flow of goods by rail and road, whether bilateral or in transit.
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2.The Parties agree to begin negotiations with a view to concluding an agreement on the facilitation of controls and formalities relating to the carriage of goods.
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3.The Parties agree, to the extent necessary, to take joint action on, and to encourage, the adoption of further simplification measures.
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Article 4(SAA Protocol 6, Article 20.1)
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Implementation Cooperation between the Parties in the implementation of this Protocol shall be carried out within the framework of a special subcommittee to be set up in accordance with Article 41 of this Agreement.
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Final Act The plenipotentiaries of the EUROPEAN COMMUNITY, hereinafter referred to as \"the Community\", of the one part, and the plenipotentiary of the REPUBLIC OF CROATIA, hereinafter referred to as \"Croatia\", of the other part, meeting at Luxembourg on the twenty-ninth day of October in the year two thousand and one for the signature of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Croatia, of the other part, hereinafter referred to as \"the Agreement\"; have at the time of signature adopted the following texts: the Agreement, its Annexes I to VI, namely:
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Annex I: Croatian tariff concession for Community industrial products referred to in Article 5(2);
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Annex II: Croatian tariff concession for Community industrial products referred to in Article 5(3);
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Annex III: definition of \"baby beef\" products referred to in Article 14(2);
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Annex IV(a): Croatian tariff concession for agricultural products (duty-free for unlimited quantities at the date of entering into force of the Agreement) referred to in Article 14(3)(a)(i);
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Annex IV(b): Croatian tariff concession for agricultural products (duty-free within quota at the entering into force of the Agreement) referred to in Article 14(3)(a)(ii);
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Annex IV(c): Croatian tariff concession for agricultural products (duty-free for unlimited quantities one year after entering into force of the Agreement) referred to in Article 14(3)(b)(i);
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Annex IV(d): Croatian tariff concession for agricultural products (progressive elimination of most-favoured nation treatment (MFN) duties within tariff quotas) referred to in Article 14(3)(c)(i);
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Annex IV(e): Croatian tariff concession for agricultural products (progressive reduction of most-favoured nation treatment (MFN) duties for unlimited quantities) referred to in Article 14(3)(c)(ii);
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Annex IV(f): Croatian tariff concession for agricultural products (progressive reduction of MFN duties within quotas) referred to in Article 14(3)(c)(iii);
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Annex V(a): products referred to in Article 15(1);
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Annex V(b): products referred to in Article 15(2);
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Annex VI: intellectual, industrial and commercial property rights referred to in Article 36, and the following Protocols:
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Protocol 1 on textile and clothing products;
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Protocol 2 on steel products;
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Protocol 3 on trade between the Community and Croatia in processed agricultural products;
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Protocol 4 concerning the definition of the concept of \"originating products\" and methods of administrative cooperation;
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Protocol 5 on mutual assistance between administrative authorities in customs matters;
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Protocol 6 on road transit traffic.
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The plenipotentiaries of the Community and the plenipotentiaries of Croatia have also adopted the following declarations attached to this Final Act:
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Joint Declaration concerning Articles 8 and 16 of the Agreement;
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Joint Declaration concerning Article 28 of the Agreement;
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Joint Declaration concerning the implementation of trade concessions;
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Joint Declaration concerning Article 36 of the Agreement;
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Joint Declaration concerning Article 46 of the Agreement;
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Joint Declaration concerning Protocol 4 with regard to the Principality of Andorra;
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Joint Declaration concerning Protocol 4 with regard to the Republic of San Marino.
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The plenipotentiaries of Croatia have taken note of the Unilateral Declaration by the Community and its Member States concerning Article 17 of the Agreement, annexed to this Final Act.
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Hecho en Luxemburgo, el veintinueve de octubre del dos mil uno.
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Udfördiget i Luxembourg den niogtyvende oktober to tusind og en.
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Geschehen zu Luxemburg am neunundzwanzigsten Oktober zweitausendundeins. >ISO_7>øółżõ ėĮ˙ Ė˙įžõüņ˙žęó˙, ėĮłĖ õčś˙ėł õżżąń ĻśĮųņęč˙į ōž˙ šłūłĄōõĖ ążń. >ISO_1>Done at Luxembourg on the twenty-ninth day of October in the year two thousand and one.
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Fait š Luxembourg, le vingt-neuf octobre deux mille un.
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Fatto a Lussemburgo, addü ventinove ottobre duemilauno.
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Gedaan te Luxemburg, de negenentwintigste oktober tweeduizendeneen.
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Feito em Luxemburgo, em vinte e nove de Outubro de dois mil e um.
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Tehty Luxemburgissa kahdentenakymmenentenōyhdeksōntenō pōivōnō lokakuuta vuonna kaksituhattayksi.
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Som skedde i Luxemburg den tjugonionde oktober tjugohundraett.
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Sastavljeno u Luksemburgu, dana dvadeset devetoga listopada godine dvije tisuce prve.
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Por la Comunidad Europea/For Det Europöiske Föllesskab/FŽr die Europōische Gemeinschaft/>ISO_7>Ćłń Į÷ż ÅįęųĘńŪśČ Ź˙łżŽĮ÷Įń/>ISO_1>For the European Community/Pour la Communautł europłenne/Per la Comunitš europea/Voor de Europese Gemeenschap/Pela Comunidade Europeia/Euroopan yhteisŠn puolesta/Põ Europeiska gemenskapens vōgnar >PIC FILE= \"L_2001330EN.020601.TIF\"> >PIC FILE= \"L_2001330EN.020602.TIF\"> Za Republiku Hrvatsku >PIC FILE= \"L_2001330EN.020603.TIF\"> JOINT DECLARATION concerning Articles 8 and 16 (SAA Articles 21 and 29) The Parties declare that in the implementation of Articles 8 and 16 they will examine, in the Interim Committee, the impact of any preferential agreements negotiated by Croatia with third countries (excluding the countries covered by the European Union's stabilisation and association process and other adjacent countries which are not European Union's members).
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This examination will allow for an adjustment of Croatian concessions to the European Community if Croatia were to offer significantly better concessions to these countries.
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JOINT DECLARATION Concerning Article 28 (SAA Article 41) 1. The Community declares its readiness to examine, within the Interim Committee, the issue of Croatia's participation in diagonal cumulation of rules of origin once economic and commercial as well as other relevant conditions for granting diagonal cumulation have been established.
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2.With this in mind, Croatia declares its readiness to enter into negotiations as soon as possible in order to start economic and trade cooperation with a view to establishing free trade areas with, in particular, the other countries covered by the European Union's stabilisation and association process.
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JOINT DECLARATION concerning the implementation of trade concessions 1. For the purpose of the implementation of Annexes V(a) and (b) the Parties agree that \"Year 1\" is intended to start from the date of entry into force of the Agreement, \"Year 2\" is intended to start on 1 January 2003 and \"Year 3\" is intended to start on 1 January 2004 respectively.
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2.For the purpose of the implementation of Protocol 3, Annex II, the Parties agree that the concessions agreed for year 2002 will be applied from the date of the entry into force of the Agreement. The concessions agreed for the following years will apply from the 1 January of each respective year.
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JOINT DECLARATION concerning Article 36 (SAA Article 71) The Parties agree that, for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programs, and neighbouring rights, the rights relating to databases, patents, industrial designs, trade marks and service marks, topographies of integrated circuits, geographical indications, including appellation of origins, as well as protection against unfair competition as referred to in Article 10a of the Paris Convention for the Protection of Industrial Property and Protection of Undisclosed Information on Know-how.
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JOINT DECLARATION concerning Article 46 (SAA Article 120) (a) For the purposes of the interpretation and practical application of the Agreement, the Parties agree that the cases of special urgency referred to in Article 46 of the Agreement mean cases of material breach of the Agreement by one of the two Parties. A material breach of the Agreement consists in:
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-repudiation of the Agreement not sanctioned by the general rules of international law,
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-violation of the essential elements of the Agreement set out in Article 1; (b) The Parties agree that the \"appropriate measures\" referred to in Article 46 are measures taken in accordance with international law.
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If a Party takes a measure in a case of special urgency pursuant to Article 46, the other Party may avail itself of the dispute settlement procedure.
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DECLARATIONS CONCERNING PROTOCOL 4 Joint declaration with regard to the Principality of Andorra 1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Croatia as originating in the Community within the meaning of the Agreement.
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2.Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.
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Joint declaration with to the Republic of San Marino 1. Products originating in the Republic of San Marino shall be accepted by Croatia as originating in the Community within the meaning of the Agreement.
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2.Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.
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UNILATERAL DECLARATION Declaration by the Community and its Member States Considering that exceptional trade measures are granted by the European Community to countries participating or linked to the European Union's stabilisation and association process including Croatia on the basis of Council Regulation (EC) No 2007/2000, the European Community and its Member States declare that:
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-pursuant to Article 17 of this Agreement, those of the unilateral autonomous trade measures which are more favourable shall apply in addition to the contractual trade concessions offered by the Community in the Agreement as long as Regulation (EC) No 2007/2000 applies,
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-in particular, for the products covered by Chapters 7 and 8 of the Combined Nomenclature, for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the reduction shall apply also to the specific customs duty in derogation from the relevant provision of Article 14(1).