Avis juridique important

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31983D0516

83/516/EEC: Council Decision of 17 October 1983 on the tasks of the European Social Fund

Official Journal L 289 , 22/10/1983 P. 0038 - 0041 Finnish special edition: Chapter 5 Volume 4 P. 0011  Spanish special edition: Chapter 05 Volume 4 P. 0026  Swedish special edition: Chapter 5 Volume 4 P. 0011  Portuguese special edition Chapter 05 Volume 4 P. 0026

*****COUNCIL  DECISION  of 17 October 1983  on the tasks of the European Social Fund  (83/516/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 126 thereof,  Having regard to the draft submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Decision 71/66/EEC of 1 February 1971 on the reform of the European Social Fund (4), as amended by Decision 77/801/EEC (5), has, pursuant to an opinion of the Commission based on Article 126 of the Treaty, been the subject of a review, as provided for in Article 11 of that Decision; whereas it would be appropriate to replace it by a new Council Decision establishing rules for the Fund;  Whereas the task of the Fund is to participate in particular in the financing of vocational training, the promotion of employment and geographical mobility;  Whereas the Fund must become a more active instrument to promote employment policies; whereas to achieve this the range of people eligible for assistance should be enlarged so as to extend in particular the possibility of assistance to those working as trainers, vocational guidance or placement experts, and development agents;  Whereas the Fund must make a special effort to develop employment, particularly in small and medium-sized undertakings, with a view to modernizing management or production or applying new technologies;  Whereas the Fund, as an instrument of employment policy must, taking due account of the principle of Community solidarity, contribute as effectively and as consistently as possible to the solution of the most serious problems and in particular the fight against unemployment, including structural underemployment and the promotion of employment among the groups most affected;  Whereas, in this connection and without prejudice to the assistance which the categories of persons who are particularly vulnerable on the labour market (in particular women, the handicapped and migrants) must continue to receive, a significant part of the Fund resources must be allocated to measures in favour of youth employment, in particular those who have few employment opportunities or who have been unemployed over a long period;  Whereas it is desirable, in the light of experience, that procedures for granting Fund assistance should be rendered more flexible and simplified in particular by fixing flat rate amounts;  Whereas the Commission shall be responsible for drawing up the guidelines for the management of the Fund so as to ensure a more effective concentration on operations in accordance with Community priorities and with related action programmes in the area of employment or vocational training;  Whereas this Decision should be reviewed within a fixed period,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Fund shall assist in the implementation of policies designed to equip the workforce with the skills required for stable employment and to generate employment opportunities. It shall in particular contribute to the socio-vocational insertion and integration of young people and disadvantaged workers, to the adaptation of the workforce to labour-market developments and to technological change and to the reduction of regional imbalances in the labour market.  2. The Fund shall participate in the financing of operations concerning:  (a) vocational training and guidance;  (b) recruitment and wage subsidies;  (c) resettlement and socio-vocational integration in connection with geographical mobility;  (d) services and technical advice concerned with job creation.  Article 2  1. Fund assistance shall be given for operations carried out both by bodies governed by public law and bodies governed by private law.  2. The relevant Member States shall guarantee the successful completion of the operations. However, this provision shall not apply to operations for which Fund assistance covers all eligible expenditure.  Article 3  1. Fund assistance may be granted for operations carried out within the framework of Member States' labour-market policies. These operations shall include in particular those intended to improve employment opportunities for young people, notably by means of vocational training measures after completion of full-time compulsory schooling.  2. Fund assistance may also be granted for specific operations carried out with a view to:  - encouraging the implementation of innovatory projects, as a general rule within the framework of a programme of action adopted by the Council, or  - examining the effectiveness of projects for which Fund assistance is granted and facilitating an exchange of experience.  Article 4  1. Fund assistance may be granted in the first place, in order to promote employment for young people under the age of 25, in particular those whose chances of employment are especially poor, in particular because of a lack of vocational training or inadequate training and those who are long-term unemployed.  2. Fund assistance may also be granted to promote employment for the following persons over the age of 25:  (a) unemployed people, who are threatened with unemployment or who are underemployed and in particular the long-term unemployed;  (b) women who wish to return to work;  (c) handicapped people who are capable of working in the open labour market;  (d) migrant workers who move or have moved within the Community or become residents in the Community to take up work, together with the members of their families;  (e) people who are employed particularly in small or medium-sized undertakings and who require retraining with a view to the introduction of new technology or the improvement of management techniques in those undertakings.  3. Fund assistance may also be granted for people to be engaged as instructors, vocational-guidance or placement experts or development agents.  Article 5  1. Without prejudice to the following paragraphs, Fund assistance shall be granted at the rate of 50 % of eligible expenditure without, however, exceeding the amount of the financial contribution of the public authorities of the Member State concerned.  2. In the case of operations to further employment in regions where there is an especially serious and prolonged imbalance in employment, such regions to be defined by the Council acting by a qualified majority on a proposal from the Commission, Fund assistance shall be increased by 10 %.  3. In the case of operations under Article 3 (2), the purpose of which is to examine the effectiveness of projects for which Fund assistance has been granted and which are carried out on the initiative of the Commission, assistance shall cover the total eligible expenditure. 4. For the tyres of expenditure determined by the Council, acting by a qualified majority on a proposal from the Commission, Fund assistance shall be granted on the basis of a flat rate.  5. Fund assistance may not result in over-financing of eligible expenditure.  Article 6  1. The Commission shall adopt, before 1 May of each year and for the three following financial years, in accordance with this Decision, and taking into account the need to promote the harmonious development of the Community, the Fund-management guidelines for determining those operations which reflect Community priorities as defined by the Council and in particular the action programmes in the area of employment and vocational training.  2. The Commission shall forward to the European Parliament and the Council the guidelines drawn up in close consultation with the Member States, taking account of any views expressed by the European Parliament and shall publish them in the Official Journal of the European Communities.  Article 7  1. The appropriations intended for Fund assistance to projects of all kinds aimed at the young people mentioned in Article 4 (1) must not be lower in any one year than 75 % of all credits available.  2. The appropriations intended for Fund assistance in respect of specific projects mentioned in Article 3 (2) must not be higher in any one year than 5 % of all appropriations available.  3. Of the overall appropriations available for operations referred to in Article 3 (1), 40 % shall be available for eligible operations complying with the guidelines for the management of the Fund and aimed at promoting employment in Greenland, Greece, the French overseas departments, Ireland, the Mezzogiorno and Northern Ireland. The remaining appropriations shall be concentrated on operations in respect of employment in other areas of high and long-term unemployment and/or industrial and sectoral restructuring.  Article 8  The assistance provided for in Article 125 of the Treaty shall no longer be granted.  Article 9  1. This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.  2. Decision 71/66/EEC is hereby repealed. However, that Decision and the Decisions taken pursuant to Article 4 thereof shall remain applicable to operations for which applications are submitted before 1 October 1983.  3. The Commission shall adopt the Fund-management guidelines for the first time before 1 December 1983.  Article 10  The Council shall review this Decision by 31 December 1988 at the latest. If appropriate, this Decision shall be amended in the light of a new Commission opinion.  Done at Luxembourg, 17 October 1983.  For the Council  The President  G. VARFIS  (1) OJ No C 308, 25. 11. 1982, p. 4.  (2) OJ No C 161, 20. 6. 1983, p. 51.  (3) OJ No C 124, 9. 5. 1983, p. 4.  (4) OJ No L 28, 4. 2. 1971, p. 15.  (5) OJ No L 337, 27. 12. 1977, p. 8.  ANNEX  STATEMENTS TO BE ENTERED IN THE MINUTES  Statement ad Article 3 (2)  'The Commission states that it will continue as at present to promote measures on the reorganization and reduction of working time which could also be included in the operations provided for in Article 3 (2).  The Commission will examine the possibility of utilizing Article 3 (2) for the purpose of maintaining the earnings of workers affected by restructuring or conversion operations and will report back to a future meeting of the Council.'  Council statement ad first indent of Article 3 (2)  'Projects arising from Council resolutions on matters within the province of the Fund may only benefit from Fund assistance in so far as they comply with the eligibility criteria as defined by the rules governing the tasks and operation of the Fund.'  Statement ad Article 4  'Noting that the number of nationals of third countries benefiting from the Fund's assistance is relatively small, the Commission points out that countries receiving migrant workers should make a significant effort to integrate them.'  Statement ad Article 4 (3)  'The Commission states that Fund assistance, restricted to the training of placement experts, excluding any contribution towards the remuneration of public agents will be granted when the functioning of the management of the labour market is in need of improvement.'  Statement ad Article 5 (1)  'The Council states that bodies constituted as profit-making organizations must bear at least 10 % of the eligible expenditure on operations for which they receive Fund aid. Compliance with this principle must be verified when the final payment is made.'  Statement ad Article 6  'The Council and the Commission state that special attention should be given to projects to promote employment in areas in which the unemployment rate is exceptionally high compared with the national average.'  Statements ad Article 7  'The Council asks the Commission to continue its studies with a view to achieving reliable statistical machinery, taking account inter alia of the criterion of GDP per capita, and to present suitable proposals on the subject before 1 July 1984 to enable the Council to act before 31 December 1984.'  'The Commission declares that it considers that the appropriations referred to in this Article are commitment appropriations.'


title: Council Decision (EU) 2016/269 of 12 February 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver

text:
               27.2.2016

               EN

               Official Journal of the European Union

               L 52/5

         COUNCIL DECISION (EU) 2016/269
   of 12 February 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an agreement with the Commonwealth of Dominica on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2015/1032 (2), the Agreement has been signed and is applied on a provisional basis as from 28 May 2015.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Consent given on 15 December 2015 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/1032 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver (OJ L 173, 3.7.2015, p. 19).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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32002D0312(01)

Council Decision of 1 March 2002 replacing four members of the Scientific and Technical Committee who have resigned

Official Journal C 063 , 12/03/2002 P. 0001 - 0001

Council Decisionof 1 March 2002replacing four members of the Scientific and Technical Committee who have resigned(2002/C 63/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,Having regard to the Council Decision of 13 October 1998 on the renewal of the members of the Scientific and Technical Committee(1),Having regard to the opinion of the Commission,Whereas the seats of four members of the abovementioned Committee have fallen vacant following the resignation of Mr David Anderson, Mr Louis Patarin, Mr Paul Caseau and Mr Hans Bjerrum Møller, brought to the Council's attention by letters from the United Kingdom Government dated 15 May 2001, from the French Government dated 27 June 2001 and from the Danish Government dated 1 June 2001,HAS DECIDED AS FOLLOWS:Article 1Mr Andrew Spurr, Mr Yves Vandenboomgaerde, Mr Bernard Tinturier and Mr Jørgen Kjems are hereby appointed members of the Scientific and Technical Committee to replace, respectively, Mr David Anderson, Mr Louis Patarin, Mr Paul Caseau and Mr Hans Bjerrum Møller for the remainder of their term of office, which runs until 31 March 2003.Article 2Each of these appointments shall take effect on the date on which the Council receives acceptance of that person's appointment.Done at Brussels on 1 March 2002.For the CouncilThe PresidentR. de Miguel(1) OJ C 324, 22.10.1998, p. 1.


title: 2011/824/EU: Council Decision of 20 October 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part

text:
               10.12.2011

               EN

               Official Journal of the European Union

               L 328/2

         COUNCIL DECISION
   of 20 October 2011
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
   (2011/824/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The relationship between the Union and the Palestinian Authority of the West Bank and the Gaza Strip (‘the Palestinian Authority’) builds on the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (2) (‘Interim Agreement’), which was signed in February 1997 and whose trade provisions entered into force on 1 July 1997. Its main objective is to promote trade and investment and harmonious economic relations between the Parties thereby fostering their sustainable economic development.

               (2)

               The Interim Agreement provides for duty-free access to the Union markets for Palestinian industrial goods, and a phasing-out of duties on the Union exports to the occupied Palestinian territory over 5 years. The possibility of granting the Palestinian Authority additional trade preferences is envisaged in the Interim Agreement. Article 12 of the Interim Agreement provides that the Community and the Palestinian Authority shall progressively establish a greater liberalisation of their trade in agricultural and fishery products of interest to both Parties. Article 14(2) of the Interim Agreement provides that the Community and the Palestinian Authority shall examine, in the Joint Committee, the possibility of granting each other further concessions.

               (3)

               The European Neighbourhood Policy Action Plan (‘ENP Action Plan’) for the Palestinian Authority, which was approved in May 2005 and subsequently extended, also contains provisions concerning the gradual liberalisation of trade in agriculture and fishery products.

               (4)

                  The Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005 provides that a high degree of trade liberalisation for agricultural products, processed agricultural products and fish and fishery products is desirable; the objective is full liberalisation of such trade by 2010, possibly excluding a very limited number of sensitive products.

               (5)

               At the last Trade Euro-Mediterranean Ministerial meeting in December 2009, Ministers of Trade of the Euro-Mediterranean region committed themselves to facilitate the trade of Palestinian products, as stated in the document The Euromed Trade Roadmap beyond 2010. In addition, a comprehensive package of measures to facilitate trade of Palestinian products with other Euro-Mediterranean partners on a bilateral and regional basis has been agreed by Ministers of Trade in 2010.

               (6)

               Negotiations with the Palestinian Authority concerning greater liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products were successfully concluded by signing the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), in accordance with Council Decision 2011/248/EU (3).

               (7)

               The occupied Palestinian territory governed by the Palestinian Authority is a state in the making. It is therefore not listed under any United Nations classification and therefore cannot benefit from the Union’s Generalised System of Preferences (4).

               (8)

               The Palestinian Authority is the smallest trading partner for the Union in the Euro-Mediterranean region and almost worldwide, with total trade amounting to EUR 56,6 million in 2009 where the vast majority of it is accounted for by EU exports (EUR 50,5 million). Union imports from the Palestinian Authority amount to just EUR 6,1 million in 2009 and consist mainly of agricultural products and processed agricultural products (approximately 70,1 % of total Union imports). In 2009, the Union exported EUR 1,7 million of agricultural goods, EUR 3,3 million of processed agricultural products and EUR 0,1 million of fish and fishery products. Further market opening is expected to support the development of the economy of the West Bank and the Gaza Strip through increased export performance while not creating negative effects for the Union. It is therefore appropriate to grant additional trade preferences to the Palestinian Authority by improving access to the Union market for agricultural products.

               (9)

               In accordance with the ENP Action Plan, the level of ambition of the Union-Palestinian Authority relationship will depend on the degree of the Palestinian Authority’s commitment to common values as well as its capacity to implement jointly agreed priorities. The Union is planning to complement the granting of additional trade preferences with a package of trade related technical assistance which will further help the Palestinian Authority to prepare for a future Palestinian State.

               (10)

               In addition, entitlement to benefit from the additional trade preferences granted by the Union is conditional upon the Palestinian Authority’s compliance with the relevant rules of origin and the procedures related thereto as well as the provision of effective administrative cooperation and assistance to the European Union. Any serious and systematic violations of these conditions, or other findings of fraud or irregularity, may lead to the adoption of measures by the Union following the relevant procedures in Article 23 bis of the Interim Agreement.

               (11)

               For the purposes of defining the concept of originating products, certification of origin and administrative cooperation procedures, Protocol 3 to the Interim Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation applies.

               (12)

               If the imports of agricultural products, processed agricultural products and fish and fishery products originating in the territory of the Palestinian Authority significantly increase and thereby cause serious distortion to the Union internal market, the Union should be able to adopt, if appropriate, safeguard measures in accordance with this Decision.

               (13)

               The import arrangements adopted by the Agreement should be renewed on the basis of the conditions established by the Council and in the light of the experience gained in granting them. It is therefore appropriate to limit their duration to 10 years. However, taking into account the economic situation of the West Bank and Gaza Strip, the Parties should prolong the application of duty-free quota-free treatment should they consider that the Palestinian economy needs an additional transitional period in order to be ready to enter into negotiations leading to further reciprocal concessions.

               (14)

               The Union and the Palestinian Authority should meet 5 years from the date of entry into force of the Agreement to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products, fish and fishery products in accordance with the objective laid down in Article 12 of the Interim Agreement. If this will be considered as not appropriate due to the limited future economic developments of the occupied Palestinian territory, such discussions should take place at later stage.

               (15)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (‘the Agreement’), is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   Where the Union needs to take a safeguard measure concerning agricultural products and fish and fishery products, as provided for in the Article 23 of the Interim Association Agreement, that measure shall be adopted in accordance with the procedures provided for in Article 159(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (5), or by Article 30 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (6). For processed agricultural products, such safeguard measures shall be adopted in accordance with the procedures provided for, as appropriate, in Article 7(2) of Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (7), or in Article 11(4) of Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (8).
   Article 3
   The President of the Council shall designate the person empowered to proceed, on behalf of the Union, with the deposit of the instrument of approval provided in the Agreement, in order to express the consent of the Union to be bound by it (9).
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 20 October 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  Consent of 5 September 2011 (not yet published in the Official Journal).

      (2)  OJ L 187, 16.7.1997, p. 3.

      (3)  OJ L 104, 20.4.2011, p. 2.

      (4)  OJ L 169, 30.6.2005, p. 1.

      (5)  OJ L 299, 16.11.2007, p. 1.

      (6)  OJ L 17, 21.1.2000, p. 22.

      (7)  OJ L 181, 14.7.2009, p. 8.

      (8)  OJ L 328, 15.12.2009, p. 10.

      (9)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               10.12.2011

               EN

               Official Journal of the European Union

               L 328/5

         AGREEMENT
   in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other
   Sir,
   I have the honour of referring to the negotiations which took place in accordance with the spirit of the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap), adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005, for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products, and under Articles 7, 12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to as ‘Palestinian Authority’), of the other part (hereinafter referred to as the ‘Interim Association Agreement’), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.

               A.

               The Parties have agreed on the following temporary amendment to the Interim Association Agreement:

                           1.

                           Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an Exchange of Letters, subject to the provisions of point C thereof.

               B.

               The Parties have also agreed on the following permanent amendments to the Interim Association Agreement:

                           1.

                           Article 4 shall be replaced by the following:
                           ‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex17023050 and ex17023090.’.

                           2.

                           The title of Chapter 2 shall be replaced by the following:

                           3.

                           Article 11 shall be replaced by the following:
                           ‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex17023050 and ex17023090, for which duty free market access was already granted within Chapter 1.’.

                           4.

                           Article 12 shall be replaced by the following:
                           ‘The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.’.

                           5.

                           Article 13 shall be replaced by the following:
                           ‘1.   Agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union shall be subject to the arrangements set out in that Protocol.
                           2.   Agricultural products, processed agricultural products and fish and fishery products originating in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip shall be subject to the arrangements set out in that Protocol.’.

                           6.

                           Article 23bis shall be added:
                           ‘Temporary Withdrawal of Preferences
                           1.   The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Agreement and underline their commitment to combat irregularities and fraud in customs and related matters.
                           2.   Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.
                           3.   For the purpose of this Article a failure to provide administrative cooperation/assistance shall mean, inter alia:

                                       (a)

                                       a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;

                                       (b)

                                       a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

                                       (c)

                                       a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

                                 4.   For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
                           5.   The application of a temporary suspension shall be subject to the following conditions:

                                       (a)

                                       The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.

                                       (b)

                                       Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.

                                       (c)

                                       Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.

                                 Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).’.

                           7.

                           Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement in the form of an Exchange of Letters.

                           8.

                           A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Interim Association Agreement.

               C.

               The Parties have agreed on the following additional provisions:

                           1.

                                       (a)

                                       The temporary amendments provided for under point A shall apply for a period of 10 years from the entry into force of this Agreement in the form of an Exchange of Letters. However, depending on the future economic development of the West Bank and Gaza Strip, a possible extension for an additional period of those amendments could be considered by the Joint Committee. Such a decision shall be taken by the Joint Committee at the latest 1 year before the expiration of the 10 years period as provided by this Agreement in the form of an Exchange of Letters.

                                       (b)

                                       The European Union and the Palestinian Authority shall meet 5 years from the date of entry into force of this Agreement in the form of an Exchange of Letters, to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products and fish and fishery products with the objective laid down in Article 12 of the Interim Association Agreement.

                                       (c)

                                       The starting point for future reciprocal negotiations will be the consolidated concessions of the Interim Association Agreement, which are listed in Annexes II and IV of this Agreement in the form of an Exchange of Letters.

                                       (d)

                                       It is understood that the trade conditions to be granted by the European Union as a result of these future negotiations may be less favourable than those granted under the this Agreement in the form of an Exchange of Letters.

                           2.

                           Article 7(1) of the Interim Association Agreement shall not apply pending the application of the temporary amendments provided for under point A of this Agreement in the form of an Exchange of Letters.

         This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third month following the date of the deposit of the last instrument of approval.
   I have the honour to confirm that the European Union is in agreement with the content of this letter.
   I would be grateful if you could confirm the agreement of your Government to the above.
   Please accept, Sir, the assurance of my highest consideration.
   Съставено в Брюксел на
   Hecho en Bruselas, el
   V Bruselu dne
   Udfærdiget i Bruxelles, den
   Geschehen zu Brüssel am
   Brüssel,
   Έγινε στις Βρυξέλλες, στις
   Done at Brussels,
   Fait à Bruxelles, le
   Fatto a Bruxelles, addì
   Briselē,
   Priimta Briuselyje,
   Kelt Brüsszelben,
   Magħmul fi Brussell,
   Gedaan te Brussel,
   Sporządzono w Brukseli dnia
   Feito em Bruxelas,
   Întocmit la Bruxelles,
   V Bruseli
   V Bruslju,
   Tehty Brysselissä
   Utfärdat i Bryssel den

      За Европейския съюз
      Por la Unión Europea
      Za Evropskou unii
      For Den Europæiske Union
      Für die Europäische Union
      Euroopa Liidu nimel
      Гια την Ευρωπαϊκή Ένωση
      For the European Union
      Pour l’Union européenne
      Per l’Unione europea
      Eiropas Savienības vārdā –
      Europos Sąjungos vardu
      Az Európai Unió részéről
      Għall-Unjoni Ewropea
      Voor de Europese Unie
      W imieniu Unii Europejskiej
      Pela União Europeia
      Pentru Uniunea Europeană
      Za Európsku úniu
      Za Evropsko unijo
      Euroopan unionin puolesta
      För Europeiska unionen

      ANNEX I

         PROTOCOL 1
         concerning the provisional arrangements applicable to imports into the European Union of agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip

                     1.

                     Customs duties and charges having equivalent effect (including their agricultural component), which are applicable on the import into the European Union of products originating in the West Bank and the Gaza Strip and listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex17023050 and ex17023090 covered by Chapter 1, shall be temporarily eliminated in accordance with the provisions of point C.1(a) of the Agreement in the form of Exchange of Letters between the European Union and the Palestinian Authority providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending this Agreement, signed in 2011.

                     2.

                     Notwithstanding the conditions under point 1 of this Protocol, for the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007 (1), and for which the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty, the elimination applies only to the ad valorem part of the duty.

      ANNEX II

         PROTOCOL 2
         on the arrangements applying to imports into the West Bank and the Gaza Strip of agricultural products, processed agricultural products and fish and fishery products originating in the European Union

                     1.

                     The products listed in the Annexes originating in the European Union shall be admitted for importation into the West Bank and the Gaza Strip according to the conditions contained herein and in the Annexes.

                     2.

                     Import duties on imports are either eliminated or reduced to the level indicated in column ‘a’, within the limit of the annual tariff quota listed in column ‘b’, and subject to the specific provisions indicated in column ‘c’.

                     3.

                     For the quantities imported in excess of the tariff quotas, the general customs duties applied to third countries shall apply, subject to the specific provisions indicated in column ‘c’.

                     4.

                     For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.

         ANNEX 1 TO PROTOCOL 2

                     CN Code

                     Description

                     Duty (%)

                     Tariff quota
                     (t, unless otherwise indicated)

                     Specific provisions

                     a

                     b

                     c

                     0102 90 71

                     Live bovine animals, of a weight exceeding 300 kg, for slaughter, ther than heifers and cows

                     0

                     300

                     0202 30 90

                     Meat of bovine animals, boneless excluding fore-quarters, ‘compensated’ quarters, crop, chuck and blade and brisket cuts, frozen

                     0

                     200

                     0206 22 00

                     Edible livers of bovine animals frozen

                     0

                     100

                     0406

                     Cheese and curd

                     0

                     200

                     0407 00 19

                     Poultry eggs for hatching, other than those of turkeys or geese

                     0

                     120 000 pieces

                     1101 00 15

                     Flour of common wheat and spelt

                     0

                     13 000

                     2309 90 99

                     Other preparations of a kind used in animal feeding

                     2

                     100

         ANNEX 2 TO PROTOCOL 2

            PRODUCTS REFERRED TO IN ARTICLE 7(2) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT

                     CN code

                     Description

                     1902

                     Pasta and couscous:

                     A

                                 —

                                 of durum wheat,

                     B

                                 —

                                 other,

                     1905 10

                     Crisp bread

                     1905 20 90

                     Gingerbread and the like, not especially for diabetics:

                     A

                                 —

                                 containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

                     B

                                 —

                                 other,

                     ex19 05 32 A

                     Waffles and wafers

                     Al

                                 —

                                 not filled, whether or not coated,

                     Ala

                                 —

                                 containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

                     Alb

                                 —

                                 other,

                     A2

                                 —

                                 other,

                     A2a

                                 —

                                 containing not less than 1,5 % milk fats or not less than 2,5 % of milk proteins,

                     A2b

                                 —

                                 other,

                     1905 40 10

                     Rusk, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

                     A

                                 —

                                 containing over 15 % by weight of flour from cereals other than wheat in relation to the total flour content,

                     B

                                 —

                                 other,

                     1905
                     ex 31) B + ex 90)

                     Other bakers’ wares, containing added sugar, honey, other sweetening matter, eggs, fat, cheese, fruit, cocoa or similar:

                     Bl

                                 —

                                 containing added eggs, not less than 2,5 % by weight,

                     B2

                                 —

                                 containing added dried fruits or nuts:

                     B2a

                                 —

                                 containing not less than 1,5 % milk fats and not less than 2,5 % milk proteins; see Annex V,

                     B2b

                                 —

                                 other,

                     ВЗ

                                 —

                                 containing less than 10 % by weight of added sugar and not containing added eggs, dried fruits or nuts,

      ANNEX III

         COMMON DECLARATION
         COOPERATION ON SANITARY AND PHYTOSANITARY OR TECHNICAL BARRIERS TO TRADE ISSUES
         The Parties shall solve any problems, in particular sanitary, phytosanitary or technical barriers to trade, hindering the implementation of this Agreement, by means of existing administrative arrangements. The results shall then be reported to the relevant Sub-committees and to the Joint Committee. The Parties commit to examine and solve such cases with the shortest possible delay in a friendly manner, in line with their respective applicable laws and with WTO, OIE, IPPC and Codex Alimentarius standards.

      ANNEX IV

         A:   CONSOLIDATED LIST OF CONCESSIONS APPLIED TO IMPORTS INTO THE EUROPEAN UNION OF AGRICULTURAL PRODUCTS AND FISHERY PRODUCTS ORIGINATING IN THE WEST BANK AND THE GAZA STRIP BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

                  1.

                  The products listed in the Annex, originating in the West Bank and the Gaza Strip shall be admitted for importation into the European Union, according to the conditions contained hereafter and in the Annex.

                              (a)

                              Customs duties are eliminated or reduced as indicated in column ‘a’.

                              (b)

                              For certain products, for which the Common Customs Tariff provides the application of an ad valorem duty and a specific duty, the rates of reduction, indicated in columns ‘a’ and ‘c’, only apply to the ad valorem duty. However, for the product corresponding to the subheading 1509 10, the duty reduction applies to the specific duty.

                              (c)

                              For certain products, customs duties are eliminated within the limit of the tariff quotas listed in column ‘b’ for each of them; the tariff quotas shall apply on an annual basis from 1 January to 31 December, unless otherwise specified.

                              (d)

                              For the quantities imported in excess of the quotas, the common customs duties are, according to the product concerned, applied in full or reduced, as indicated in column ‘c’.

                  2.

                  For certain products, the exemption of customs duties is granted in the framework of reference quantities as indicated in column ‘d’.
                  Should the volume of imports of one of these products exceed the reference quantity, the European Union, having regard to an annual review of trade flows which it shall carry out, may make the product in question subject to a tariff quota of the Union, the volume of which shall be equal to the reference quantity. In that case, for quantities imported in excess of the quota, the common customs duty is, according to the product concerned, applied in full or reduced as indicated in column ‘c’.

                  3.

                  For the first year of application, the volumes of the tariff quotas and the reference quantities shall be calculated as a pro rata of the basic volumes, taking into account the period elapsed before the date of entry into force of this Protocol.

                  4.

                  For some products listed in the Annex, the volume of the tariff quota is increased twice, on the basis of the volume indicated in column ‘e’. The first increase takes place on the date when each tariff quota is opened for the second time.

                  CN Code (2)

                  Description (3)

                  Reduction of the MFN customs duty
                  (%) (4)

                  Tariff quota
                  (t, unless otherwise indicated)

                  Reduction of the MFN customs duty beyond current or possible tariff quota
                  (%) (4)

                  Reference quantity
                  (t, unless otherwise indicated)

                  Specific provisions

                  a

                  b

                  c

                  d

                  e

                  0409 00 00

                  Natural honey

                  100

                  500

                  0

                  point 4 — yearly increase of 250 t

                  0603 11 00
                  0603 12 00
                  0603 13 00
                  0603 14 00
                  0603 19 10
                  0603 19 90

                  Cut flowers and flower buds, fresh, of a kind suitable for bouquets or for ornamental purposes

                  100

                  2 000

                  0

                  point 4 — yearly increase of 250 t

                  0702 00 00

                  Tomatoes, fresh or chilled, from 1 December to 31 March

                  100

                  60

                  2 000

                  0703 10 11
                  0703 10 19

                  Onions, fresh or chilled, from 15 February to 15 May

                  100

                  60

                  0709 30 00

                  Aubergines (eggplants), fresh or chilled, from 15 January to 30 April

                  100

                  60

                  3 000

                  ex07 09 60

                  Fruits of the genus Capsicum or of the genus Pimenta, fresh or chilled:

                  0709 60 10

                  Sweet peppers

                  100

                  40

                  1 000

                  0709 60 99

                  Other

                  100

                  80

                  0709 90 70

                  Courgettes, fresh or chilled, from 1 December to end of February

                  100

                  60

                  300

                  ex07099090

                  Wild onions of the species Muscari comosum, fresh or chilled, from 15 February to 15 May

                  100

                  60

                  0710 80 59

                  Fruits of the genus Capsicum or Pimenta, other than sweet peppers, uncooked or cooked by steaming or boiling in water, frozen

                  100

                  80

                  0711 90 10

                  Fruits of the genus Capsicum or Pimenta, other than sweet peppers, provisionally preserved but unsuitable in that state for immediate consumption

                  100

                  80

                  0712 31 00
                  0712 32 00
                  0712 33 00
                  0712 39 00

                  Mushrooms, wood ears (Auri-cularia spp.), jelly fungi (Tremella spp.) and truffles, dried

                  100

                  500

                  0

                  ex08 05 10

                  Oranges, fresh

                  100

                  60

                  25 000

                  ex08 05 20

                  Mandarins (including tangerines and satsumas); clementines, wilkings and similar citrus hybrids, fresh

                  100

                  60

                  500

                  0805 40 00

                  Grapefruit

                  100

                  80

                  ex08055010

                  Lemons (Citrus limon, Citrus limonum), fresh

                  100

                  40

                  800

                  0806 10 10

                  Fresh table grapes, from 1 February to 14 July

                  100

                  1 000

                  0

                  point 4 — yearly increase of 500 t

                  0807 19 00

                  Melons (excluding water melons), fresh, from 1 November to 31 May

                  100

                  50

                  10 000

                  0810 10 00

                  Fresh strawberries, from 1 November to 31 March

                  100

                  2 000

                  0

                  point 4 — yearly increase of 500 t

                  0812 90 20

                  Oranges, provisionally preserved, but unsuitable in that state for immediate consumption

                  100

                  80

                  0904 20 30

                  Fruits of the genus Capscium or of the genus Pimenta, other than sweet peppers, dried, neither crushed or ground

                  100

                  80

                  1509 10

                  Virgin olive oil

                  100

                  2 000

                  0

                  point 4 — yearly increase of 500 t

                  2001 90 20

                  Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved by vinegar or acetic acid

                  100

                  80

                  2005 99 10

                  Fruits of the genus Capsicum, other than sweet peppers or pimentos, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

                  100

                  80

         B:   CONSOLIDATED LIST OF CONCESSIONS APPLYING TO IMPORTS INTO THE EUROPEAN UNION OF PROCESSED AGRICULTURAL PRODUCTS ORIGINATING IN THE WEST BANK AND THE GAZA STRIP REFERRED TO IN ARTICLE 7(1) OF THE EURO-MEDITERRANEAN INTERIM ASSOCIATION AGREEMENT BEFORE THE ENTRY INTO FORCE OF THIS AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

                  CN code

                  Description

                  0403

                  Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

                  0403 10 51 to 0403 10 99

                  Yoghurt, flavoured or containing added fruit, nuts or cocoa

                  0403 90 71 to 0403 90 99

                  Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa

                  0710 40 00

                  Sweetcorn (uncooked or cooked by steaming or boiling in water), frozen

                  0711 90 30

                  Sweetcorn provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

                  ex15 17

                  Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of No 1516:

                  1517 10 10

                  Margarine, excluding liquid margarine, containing more than 10 % but not more than 15 % by weight of milk fats

                  1517 90 10

                  Other, containing more than 10 % but not more than 15 % by weight of milk fats

                  ex17 04

                  Sugar confectionery (including white chocolate), not containing cocoa; excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances, falling within CN code 1704 90 10

                  1806

                  Chocolate and other food preparations containing cocoa

                  ex19 01

                  Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, excluding preparations falling within CN code 1901 90 91

                  ex19 02

                  Pasta, excluding stuffed pasta falling within CN codes 1902 20 10 and 1902 20 30; couscous, whether or not prepared

                  1903

                  Tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

                  1904

                  Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example cornflakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

                  1905

                  Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

                  2001 90 30

                  Sweetcorn (Zea mays var. saccharata), prepared or preserved by vinegar or acetic acid

                  2001 90 40

                  Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, prepared or preserved by vinegar or acetic acid

                  2004 10 91

                  Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, frozen

                  2004 90 10

                  Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, frozen

                  2005 20 10

                  Potatoes in the form of flour, meal or flakes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen

                  2005 80 00

                  Sweetcorn (Zea mays var. saccharata), prepared or preserved otherwise than by vinegar or acetic acid, not frozen

                  1904 20 10

                  Preparation of the Müsli type based on unroasted cereal flakes

                  2008 99 85

                  Maize (corn), other than sweetcorn (Zea mays var. saccharata) otherwise prepared or preserved, not containing added spirit or added sugar

                  2008 99 91

                  Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch, otherwise prepared or preserved, not containing added spirit or added sugar

                  2101 12 98

                  Preparations with a basis of coffee

                  2101 20 98

                  Preparations with a basis of tea or mate

                  2101 30 19

                  Roasted coffee substitutes excluding roasted chicory

                  2101 30 99

                  Extracts, essences and concentrates of roasted coffee substitutes excluding those of roasted chicory

                  2102 10 31
                  2102 10 39

                  Bakers’ yeasts

                  ex21039090

                  Sauces and preparations therefor:

                              —

                              Mayonnaise

                  2105 00

                  Ice cream and other edible ice, whether or not containing cocoa

                  ex21 06

                  Food preparations not elsewhere specified or included other than those falling within CN codes 2106 10 20 and 2106 90 92 and other than flavoured or coloured sugar syrups of CN codes 2106 90 30 to 2106 90 59

                  2202 90 91
                  2202 90 95
                  2202 90 99

                  Non-alcoholic beverages, not including fruit or vegetable juices of heading 2009, containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404

                  2905 43 00

                  Mannitol

                  2905 44

                  D-Glucitol (sorbitol)

                  ex35 05 10

                  Dextrins and other modified starches, excluding esterified and etherified starches of CN code 3505 10 50

                  3505 20

                  Glues based on starches or on dextrins or other modified starches

                  3809 10

                  Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances

                  3824 60

                  Sorbitol other than that of subheading 2905 44

   Sir/Madam,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:
   ‘I have the honour of referring to the negotiations which took place in accordance with the spirit of the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap), adopted by the Euro-Mediterranean Ministers of Foreign Affairs on 28 November 2005, for the acceleration of liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products, and under Articles 7, 12 and 14 (2) of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip (hereinafter referred to as ‘Palestinian Authority’), of the other part (hereinafter referred to as the ‘Interim Association Agreement’), in force since 1 July 1997, which states that the Community and the Palestinian Authority shall progressively establish greater liberalisation, inter alia, of their trade in agricultural products of interest to both Parties.

               A.

               The Parties have agreed on the following temporary amendments to the Interim Association Agreement:

                           1.

                           Protocol 1 shall be replaced by that appearing in Annex I to this Agreement in the form of an Exchange of Letters, subject to the provisions of point C thereof.

               B.

               The Parties have also agreed on the following permanent amendments to the Interim Association Agreement:

                           1.

                           Article 4 shall be replaced by the following:
                           ‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip other than those listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT. However, this Chapter shall continue to apply to chemically pure lactose of CN code 1702 11 00 and glucose and glucose syrup, containing in the dry state 99 % or more by weight of glucose of CN codes ex17023050 and ex17023090.’.

                           2.

                           The title of Chapter 2 shall be replaced by the following:

                           3.

                           Article 11 shall be replaced by the following:
                           ‘The provisions of this Chapter shall apply to products originating in the European Union and in the West Bank and the Gaza Strip listed in chapters 1 to 24 of the Combined Nomenclature (CN) and of the customs tariff of the Palestinian Authority, and those listed in Annex 1(1)(ii) of the Agreement on Agriculture of the GATT, with exception of chemically pure lactose of CN code 1702 11 00 and of glucose and glucose syrup, containing in the dry state, 99 % or more by weight of glucose of CN codes ex17023050 and ex17023090, for which duty free market access was already granted within Chapter 1.’.

                           4.

                           Article 12 shall be replaced by the following:
                           ‘The European Union and the Palestinian Authority shall progressively establish greater liberalisation of their trade in agricultural products, processed agricultural products and fish and fishery products of interest to both Parties.’.

                           5.

                           Article 13 shall be replaced by the following:
                           ‘1.   Agricultural products, processed agricultural products and fish and fishery products originating in the West Bank and the Gaza Strip listed in Protocol 1, on importation into the European Union shall be subject to the arrangements set out in that Protocol.
                           2.   Agricultural products, processed agricultural products and fish and fishery products originating in the European Union listed in Protocol 2, on importation into the West Bank and the Gaza Strip shall be subject to the arrangements set out in that Protocol.’.

                           6.

                           Article 23bis shall be added:
                           ‘Temporary Withdrawal of Preferences
                           1.   The Parties agree that administrative cooperation and assistance are essential for the implementation and the control of the preferential treatment granted under this Agreement and underline their commitment to combat irregularities and fraud in customs and related matters.
                           2.   Where a Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud under this Agreement, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Article.
                           3.   For the purpose of this Article a failure to provide administrative cooperation/assistance shall mean, inter alia:

                                       (a)

                                       a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;

                                       (b)

                                       a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

                                       (c)

                                       a repeated refusal or undue delay in obtaining authorisation to conduct enquiry visits to determine the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

                                 4.   For the purpose of this Article a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Party that is linked to objective information concerning irregularities or fraud.
                           5.   The application of a temporary suspension shall be subject to the following conditions:

                                       (a)

                                       The Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation/assistance and/or of irregularities or fraud shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Parties.

                                       (b)

                                       Where the Parties have entered into consultations within the Joint Committee and have failed to agree on an acceptable solution within 3 months following the notification, the Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay.

                                       (c)

                                       Temporary suspensions under this Article shall be limited to that necessary to protect the financial interests of the Party concerned. They shall not exceed a period of 6 months, which may be renewed if at the date of expiry nothing has changed with respect to the conditions that gave rise to the initial suspension. They shall be subject to periodic consultations within the Joint Committee, in particular with a view to their termination as soon as the conditions for their application no longer apply.

                                 Each Party shall publish according to its internal procedures, in the case of the European Union in the Official Journal of the European Union, notices to importers concerning any: notification referred to in paragraph 5 (a); decision referred to in paragraph 5 (b); and extension or termination referred to in paragraph 5 (c).’.

                           7.

                           Protocol 2 and its Annexes shall be replaced by those appearing in Annex II to this Agreement in the form of an Exchange of Letters.

                           8.

                           A Common Declaration on sanitary and phytosanitary or technical barriers to trade issues, appearing in Annex III to this Agreement in the form of an Exchange of Letters, shall be added to the Interim Association Agreement.

               C.

               The Parties have agreed on the following additional provisions:

                           1.

                                       (a)

                                       The temporary amendments provided for under point A shall apply for a period of 10 years from the entry into force of this Agreement in the form of an Exchange of Letters. However, depending on the future economic development of the West Bank and Gaza Strip, a possible extension for an additional period of those amendments could be considered by the Joint Committee. Such a decision shall be taken by the Joint Committee at the latest 1 year before the expiration of the 10 years period as provided by this Agreement in the form of an Exchange of Letters.

                                       (b)

                                       The European Union and the Palestinian Authority shall meet 5 years from the date of entry into force of this Agreement in the form of an Exchange of Letters, to consider the possibility of granting each other further permanent concessions of trade in agricultural products, processed agricultural products and fish and fishery products with the objective laid down in Article 12 of the Interim Association Agreement.

                                       (c)

                                       The starting point for future reciprocal negotiations will be the consolidated concessions of the Interim Association Agreement, which are listed in Annexes II and IV of this Agreement in the form of an Exchange of Letters.

                                       (d)

                                       It is understood that the trade conditions to be granted by the European Union as a result of these future negotiations may be less favourable than those granted under the this Agreement in the form of an Exchange of Letters.

                           2.

                           Article 7(1) of the Interim Association Agreement shall not apply pending the application of the temporary amendments provided for under point A of this Agreement in the form of an Exchange of Letters.

         This Agreement in the form of an Exchange of Letters shall enter into force on the first day of the third month following the date of the deposit of the last instrument of approval.’.
   I have the honour to confirm that the Palestinian Authority is in agreement with the content of your letter.
   Please accept, Sir/Madam, the assurance of my highest consideration.
   Done at Brussels,
   Съставено в Брюксел на
   Hecho en Bruselas, el
   V Bruselu dne
   Udfærdiget i Bruxelles, den
   Geschehen zu Brüssel am
   Brüssel,
   Έγινε στις Βρυξέλλες, στις
   Fait à Bruxelles, le
   Fatto a Bruxelles, addì
   Briselē,
   Priimta Briuselyje,
   Kelt Brüsszelben,
   Magħmul fi Brussell,
   Gedaan te Brussel,
   Sporządzono w Brukseli dnia
   Feito em Bruxelas,
   Întocmit la Bruxelles,
   V Bruseli
   V Bruslju,
   Tehty Brysselissä
   Utfärdat i Bryssel den

      For the Palestinian Authority
      За Палестинската администрация
      Por la Autoridad Palestina
      Za palestinskou samosprávu
      For Den Palæstinensiske Myndighed
      Für die Palästinensische Behörde
      Palestiina omavalitsuse nimel
      Για την Παλαιστινιακή Αρχή
      Pour l'Autorité palestinienne
      Per l'Autorità palestinese
      Palestīniešu pašpārvaldes vārdā –
      Palestinos Administracijos vardu
      A Palesztin Hatóság részéről
      Għall-Awtorità Palestinjana
      Voor de Palestijnse Autoriteit
      W imieniu Autonomii Palestyńskiej
      Pela Autoridade Palestiniana
      Pentru Autoritatea Palestiniană
      V mene Palestínskej samosprávy
      Za Palestinsko upravo
      Palestiinalaishallinnon puolesta
      För den palestinska myndigheten

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  CN codes corresponding to Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009, p. 1).

      (3)  Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is deemed to be indicative only, the preferential scheme being determined, for the purposes of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

      (4)  Duty reduction applies only to ad valorem customs duties. However, for the product corresponding to the subheading 1509 10, the duty reduction applies to the specific duty.


title: 2011/415/EU: Commission Decision of 14 July 2011 correcting Directive 2010/19/EU amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council as regards the amendment of the Annexes to Directive 2007/46/EC  Text with EEA relevance

text:
               15.7.2011

               EN

               Official Journal of the European Union

               L 185/76

         COMMISSION DECISION
   of 14 July 2011
   correcting Directive 2010/19/EU amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council as regards the amendment of the Annexes to Directive 2007/46/EC
   (Text with EEA relevance)
   (2011/415/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (1), and in particular Article 39(2) thereof,
   Whereas:

               (1)

               An error has occurred in the adoption of Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC and Directive 2007/46/EC of the European Parliament and of the Council (2). Directive 2010/19/EU introduced harmonised requirements with regard to spray-suppression for all vehicle categories covered by Council Directive 91/226/EEC (3). Accordingly, Annexes IV and XI to Directive 2007/46/EC were also amended in that Directive for the purposes of adaptation to technical progress. As those Annexes have already been replaced by Commission Regulation (EC) No 1060/2008 of 7 October 2008 replacing Annexes I, III, IV, VI, VII, XI and XV to Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (4) and amended by several regulations, their subsequent amendments should also have been done by means of a regulation. It is therefore appropriate, in the interest of legal clarity, to correct Directive 2010/19/EU.

               (2)

               Article 2 of Directive 2010/19/EU should therefore be deleted.

               (3)

               The measures provided for in this decision are in accordance with the opinion of the Technical Committee – Motor Vehicles,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 2 of Directive 2010/19/EU is deleted.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 14 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 263, 9.10.2007, p. 1.

      (2)  OJ L 72, 20.3.2010, p. 17.

      (3)  OJ L 103, 23.4.1991, p. 5.

      (4)  OJ L 292, 31.10.2008, p. 1.