COOPERATION AGREEMENT between the European Economic Community and the Republic of Slovenia

THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called the 'Community`,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA, hereinafter called 'Slovenia`,

of the other part,

RESOLVED to strengthen economic cooperation between the Community and Slovenia;

RESOLVED to promote the development and diversification of economic, financial and trade cooperation in order to foster a better balance and an improvement in the structure of their trade and expand its volume and to improve the welfare of their populations;

RESOLVED to provide a sounder basis for cooperation in conformity with their international obligations;

RECALLING the objectives of the Agreements signed at Osimo on 10 November 1975 by the Italian Republic and the Socialist Federal Republic of Yugoslavia, and in particular of the Agreement on the promotion of economic cooperation between the two countries;

CONSCIOUS of the need to bring about harmonious economic and trade relations between the Community and Slovenia;

AWARE of the importance of giving full effect to all the provisions and principles of the Conference on Security and Cooperation in Europe process (CSCE), and in particular those set out in the Helsinki Final Act, the concluding documents of the Madrid, Vienna and Copenhagen meetings and the Charter of Paris for a New Europe, particularly with regard to the rule of law, democracy and human rights, as well as those of the Bonn CSCE Conference on Economic Cooperation;

RECOGNIZING the importance of guaranteeing the rights of ethnic and national groups and minorities, in accordance with the undertakings made within the CSCE;

AWARE of the importance of strengthening their democratic institutions and of supporting the process of economic reform in Slovenia;

CONSCIOUS that this Cooperation Agreement constitutes a first stage in the organization of relations between the Contracting Parties and that in due time it may be replaced by a 'Europe Agreement`, establishing an association;

HAVE DECIDED to conclude this Agreement and to this end have designated as their Plenipotentiaries:

THE EUROPEAN ECONOMIC COMMUNITY:

Niels HELVEG PETERSEN,

Minister for Foreign Affairs of the Kingdom of Denmark,

President-in-Office of the Council of the European Communities,

Sir Leon BRITTAN,

Member of the Commission of the European Communities,

THE REPUBLIC SLOVENIA:

Janez DRNOVSEK,

Head of the Government,

Lojze PETERLE,

Minister for Foreign Affairs,

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

The object of this Agreement between the Community and Slovenia is to promote overall cooperation between the Contracting Parties with a view to contributing to the economic and social development of Slovenia and helping to strengthen relations between the Parties. To this end, provisions and measures will be adopted and implemented in the fields of economic, technical and financial cooperation and trade.

Respect for the democratic principles and human rights established by the Helsinki Final Act and the Charter of Paris for a New Europe shall inspire the domestic and international policies of the Community and Slovenia, and shall constitute an essential element of this Agreement.

TITLE I Economic, technical and financial cooperation

Article 2

The Community and Slovenia shall institute cooperation with the aim of contributing to the development of Slovenia by efforts complementary to those made by Slovenia itself and of strengthening existing economic links between Slovenia and the Community on as broad a basis as possible, for the mutual benefit of the Contracting Parties.

Article 3

In order to achieve the cooperation referred to in Article 2, account shall be taken, in particular, of Slovenia's development objectives and priorities.

Article 4

1. The purpose of cooperation between the Community and Slovenia in the field of industry shall be to promote in particular:

- Community involvement in the efforts made by Slovenia to modernize and restructure its industry with a view to encouraging the transition to a market economy,

- market surveys and trade promotion by both Contracting Parties on their respective markets and on the markets of third countries,

- encouragement of the transfer and development of technology in Slovenia,

- the encouragement and fostering of cooperation in long-term production between economic operators of the two Parties in order to establish more stable and balanced links between the respective economies,

- efforts to find appropriate ways and means of removing non-tariff and non-quota barriers on both sides which are likely to impede access to either market,

- the putting up for tender of goods and services contracts,

- the organization of contacts and meetings between industrial policy-makers, promoters and economic operators in order to encourage the establishment of new relations in the field of industry, in accordance with the objectives of this Agreement,

- the exchange of available information on short- and medium-term prospects and forecasts for production, consumption and trade.

2. The Contracting Parties shall encourage the development and strengthening of small and medium-sized enterprises (SMEs) and cooperation between Community and Slovenian SMEs.

To this end they shall encourage the exchange of information and the transfer of technology, in particular by establishing appropriate links (Business Cooperation Centre, Business Cooperation Network, Euro-Info, conferences and so on).

3. The Contracting Parties shall take steps to promote and protect each other's investments in their respective territories and in this regard shall endeavour to conclude reciprocal investment promotion and protection agreements to their mutual advantage.

4. The aim of cooperation in the field of energy between the Community and Slovenia shall be to encourage in particular the participation of the Contracting Parties' economic operators in research, production and processing programmes in connection with Slovenia's energy resources and any other projects of mutual interest.

Article 5

1. The Community and Slovenia shall endeavour to continue to develop and strengthen scientific and technological cooperation under the programme of European cooperation in the field of scientific and technical research (COST).

2. In addition, the Contracting Parties are prepared to consider cooperation in certain areas of research where the Community is carrying out scientific and technical programmes.

Article 6

1. The main aims of cooperation in agriculture between the Community and Slovenia shall be:

- to encourage scientific and technical cooperation on projects of mutual interest, including projects in third countries,

- in particular, to promote mutually advantageous investment projects and in that connection encourage efforts to find points of complementarity.

2. To this end the Community and Slovenia shall:

- step up the exchange of information on their agricultural policy guidelines, including short and medium-term production, consumption and tradeforecasts,

- facilitate and encourage the study of practical schemes for cooperation in the mutual interest of both Contracting Parties,

- encourage the improvement and broadening of contacts between economic operators.

Article 7

1. In the field of transport, the Community and Slovenia shall examine the scope:

- for improving and developing internal transport services, including combined transport, notably in order to achieve complementarity, and

- for implementing specific schemes of mutual interest in this field.

2. Cooperation shall also aim to encourage the improvement and development of infrastructure, to the mutual benefit of the Contracting Parties.

To this end the Community and Slovenia shall exchange information on projects of mutual interest to build trunk roads, and encourage cooperation in their execution.

3. In addition, the Community and Slovenia shall:

- hold exchanges of views and information on the development of their respective transport policies,

- encourage cooperation between Adriatic ports on the basis of mutual interest.

Article 8

The Community and Slovenia shall encourage exchanges of information on tourism and participation in joint studies on possible ways of developing this sector, and shall promote contacts between their competent bodies and tourist trade associations, with a view to increasing tourist traffic.

Article 9

With the aim of improving the quality and circumstances of life, the environment and living conditions of both Contracting Parties, pooling technical know-how on environmental matters and encouraging cooperation on ecological problems, the Community and Slovenia shall exchange information on developments in their respective policies and shall encourage the joint implementation of specific priority schemes.

Article 10

The Community and Slovenia shall encourage exchanges of information on developments in their respective fisheries policies and the implementation of projects of mutual interest, with the aim of promoting and strengthening cooperation in this sector.

Article 11

1. In the context of financial cooperation, the Community and Slovenia shall exchange information on and undertake joint analyses of their medium-term economic policies, balance-of-payments trends and the policies which determine them, and capital market trends operators in European centres, with the aim of promoting the activities of economic operators.

They shall exchange information in the Cooperation Council set up in Article 38 on general conditions capable of having an influence on capital flows earmarked for financing investment projects in various sectors of mutual interest.

2. The Community shall participate in the financing of capital projects of mutual interest which take account of the objectives of this Agreement, under the conditions laid down in the Protocol on financial cooperation.

Article 12

1. Within the limits of their powers, the Contracting Parties shall make efforts to encourage and promote cooperation in the following fields:

- information,

- development of human resources, education and training,

- statistics and customs,

- telecommunications,

- standardization.

2. The Community shall help to approximate Slovenia's laws with those of the Community by providing appropriate technical assistance.

3. The administrative authorities of the Contracting Parties shall assist each other in the customs field, in accordance with the provisions of the Protocol on the definition of the concept of originating products and on methods of administrative cooperation.

Article 13

1. The Cooperation Council shall periodically define the general guidelines of cooperation for the purpose of attaining the aims set out in this Agreement.

2. The Cooperation Council shall be responsible for seeking ways and means of establishing cooperation in the areas defined by this Agreement.

TITLE II Trade

Article 14

In the field of trade, the object of this Agreement is to promote trade between the Contracting Parties, taking account of their respective levels of development and of the need to ensure a better balance in their trade, with a view to improving the conditions for access for Slovenian products to the Community market.

Article 15

Subject to the special provisions laid down in respect of certain products in Articles 16 and 17, products originating in Slovenia other than those listed in Annex II to the Treaty establishing the European Economic Community and in Annex A to this Agreement shall be imported into the Community free of quantitative restrictions and measures having equivalent effect, and of customs duties and charges having equivalent effect.

Article 16

1. The Community shall establish the tariff arrangements for imports of the products originating in Slovenia listed in Annexes C I, C II, C III, C IV, D and E, subject to the conditions and within the limits of the ceilings or quotas which it shall set annually.

2. The Community shall set quantitative import quotas for the textile products listed in Annex F. If necessary, these products will be covered by a separate agreement concluded between the Community and Slovenia.

Article 17

Import duties, namely customs duties and levies (variable components) applied to imports into the Community of the products listed in Annex B shall be those indicated for each of them in that Annex.

Article 18

1. For certain products, referred to in Article 15, which it considers to be sensitive, the Community reserves the right to call upon the Cooperation Council to determine such special conditions for access to its market as may prove necessary.

The Cooperation Council shall determine the conditions in question within a period not exceeding three months from the date of notification. Failing a decision by the Cooperation Council within that period, the Community may take the necessary measures. However, such measures may not be wider in scope than those applicable, in respect of the products in question, pursuant to the provisions of Article 16 (1) under the conditions laid down by it.

2. For the purposes of implementing paragraph 1, the Contracting Parties shall hold periodic exchanges of information in the Cooperation Council before determining, if appropriate, special conditions for access by the products concerned to the markets of each of the Contracting Parties. The Contracting Parties shall notably exchange information on trade flows and medium and long-term production and export forecasts.

3. The Cooperation Council shall examine periodically the measures taken under paragraph 1 to ascertain whether they are compatible with the objectives of the Agreement.

Article 19

The products referred to in the Agreement originating in Slovenia may not be given more favourable treatment when imported into the Community than that given by the Member States among themselves.

Article 20

In the field of trade, Slovenia shall grant the Community treatment no less favourable than most-favoured-nation treatment.

Article 21

This Agreement shall not affect the implementation of the specific arrangements governing the movement of goods laid down in frontier agreements previously concluded between one or more Member States and the Socialist Federal Republic of Yugoslavia.

Article 22

1. The Contracting Parties shall inform each other when this Agreement is signed of the provisions relating to the trade arrangements they apply.

2. Slovenia shall be entitled to introduce into its trade arrangements with the Community new customs duties and charges having equivalent effect or new quantitative restrictions and measures having equivalent effect, and to increase the duties and charges or the quantitative restrictions and measures having equivalent effect applied to products originating in or intended for the Community, in so far as such measures are necessitated by Slovenia's industrialization and development. In accordance with the objectives of this Agreement, the measures selected by Slovenia shall be those which least harm the trade and economic interests of the Community.

3. Slovenia shall inform the Community of the measures in question so that appropriate discussions may be held on them at a suitable time.

4. The Cooperation Council shall examine periodically the measures taken by Slovenia under paragraph 2.

Article 23

The concept of originating products for the purposes of implementing Titles II and III and the methods of administrative cooperation relating thereto are laid down in the Protocol on originating products.

Article 24

In the event of modifications to the nomenclature of the customs tariffs of the Contracting Parties affecting products referred to in this Agreement, the Cooperation Council may adapt the tariff nomenclature of these products to conform with such modifications, provided the real advantages resulting from this Agreement are maintained.

Article 25

The Contracting Parties shall refrain from any internal tax establishing, whether directly or indirectly, discrimination between the products of one Contracting Party and like products originating in the territory of the other Contracting Party.

Products exported to the territory of one of the Contracting Parties may not benefit from repayment of internal taxes in excess of the amount of direct or indirect taxes imposed upon them.

Article 26

Payments relating to commercial transactions carried out in accordance with foreign trade and exchange regulations and the transfer of such payments to the Member State of the Community in which the creditor is resident or to Slovenia shall be free from any restrictions.

Article 27

Slovenia shall take measures guaranteeing effective and appropriate protection of intellectual, industrial and commercial policy, at a level similar to that which exists in the Community, and shall accede to international conventions on intellectual, industrial and commercial property.

Article 28

The Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; the protection of intellectual, industrial and commercial property, or rules relating to gold or silver. Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

Article 29

1. If one of the Contracting Parties finds that dumping is taking place in trade with the other Contracting Party, it may, pursuant to the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade (GATT), taking appropriate measures against this practice in accordance with the procedures laid down in Article 32.

2. In the event of measures being taken against subsidies, the Contracting Parties undertake to observe the provisions of the Agreement on the interpretation and application of Articles VI, XVI and XXIII of GATT.

Article 30

If serious disturbances arise in any sector of the economy or if difficulties arise which might bring about a serious deterioration in the economic situation of a region, the Contracting Party concerned may take the necessary safeguard measures under the conditions and in accordance with the procedures laid down in Article 32.

Article 31

In the event of a Contracting Party subjecting imports of products liable to give rise to the difficulties referred to in Article 30 to an administrative procedure aimed at providing rapid information on the trend of trade flows, it shall inform the other Contracting Party.

Article 32

1. With regard to Article 29 (1), the Cooperation Council must be informed of a case of dumping as soon as the authorities of the importing Contracting Party have started the investigation. If the dumping has not ceased or if no other satisfactory solution has been found within 30 days following notification of the matter to the Cooperation Council, the importing Contracting Party may adopt appropriate measures.

2. In the cases specified in Article 30, before taking the measures provided for therein or, in cases to which paragraph 3 applies, as soon as possible, the Contracting Party in question shall supply the Cooperation Council with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Contracting Parties. Consultations shall take place in the Cooperation Council before the Contracting Party concerned takes the appropriate measures, should the other Contracting Party so request.

3. Where exceptional circumstances require immediate action making prior examination impossible, the Contracting Party concerned may, in the situations specified in Articles 29 and 30, apply forthwith such precautionary measures as are strictly necessary to remedy the situation.

4. In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. Such measures must not exceed the limits of what is strictly necessary to counteract the difficulties which have arisen.

The safeguard measures shall be notified immediately to the Cooperation Council, which shall hold periodic consultations on them, particularly with a view to their abolition as soon as circumstances permit.

Article 33

In the event of a sudden and very substantial worsening of a trade imbalance which is liable to jeopardize the smooth functioning of this Agreement, the Contracting Parties shall hold special consultations within the Cooperation Council to examine the difficulties that have arisen with a view to keeping this Agreement functioning as normally as possible.

Article 34

Where one or more Member States of the Community or Slovenia is in serious difficulties or is seriously threatened with difficulties as regards its balance of payments, the Contracting Party concerned may take the necessary safeguard measures. In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. They shall be notified immediately to the other Contracting Party and shall be the subject of periodic consultations within the Cooperation Council, particularly with a view to their abolition as soon as circumstances permit.

TITLE III Provisions relating to the Osimo Agreements and concerning economic cooperation between Slovenia and Italy

Article 35

In order to promote regional cooperation, the Community and Slovenia shall give particular attention, as part of the implementation of their cooperation, to activities which come within the scope of the Agreements signed at Osimo on 10 November 1975 by the Italian Republic and the Socialist Federal Republic of Yugoslavia and to the transfrontier cooperation initiatives which form part of the general framework of economic cooperation between Italy and Slovenia.

In particular, the Contracting Parties shall take account of their mutual interest in attaining the objectives referred to in the first subparagraph in the selection of projects that are to receive financial assistance in the context of cooperation.

Article 36

1. Without prejudice to the possible use of the safeguard clause, the Community, within the framework of Community provisions governing free zones, and Slovenia shall grant free access to their markets to products that have obtained originating status, within the meaning of Protocol on originating products, in the free frontier zones zones which could be created by agreement between the Italian Republic and Republic of Slovenia within the meaning of the Agreement on the promotion of economic cooperation, signed in Osimo in 1975.

2. They shall, as far as possible, avoid applying to those products measures they might take pursuant to Article 18 or 22 or the provisions referred to in Article 16 for the products listed in Annexes C I, C II, C III and C IV.

Article 37

For the purposes of the implementation of Articles 35 and 36, the Community and Slovenia shall cooperate in accordance with the cooperation objectives referred to in Article 35.

TITLE IV General and final provisions

Article 38

1. A Cooperation Council is hereby established. It shall have the power, for the purpose of attaining the objectives set out in this Agreement, to take decisions in the cases provided for in the Agreement.

The decisions taken shall be binding on the Contracting Parties, which shall take such measures as are required to implement them.

2. The Cooperation Council may also formulate any resolutions, recommendations or opinions which it considers desirable for the attainment of the common objectives and the smooth functioning of this Agreement.

3. The Cooperation Council shall adopt its own rules of procedure.

Article 39

1. The Cooperation Council shall be composed of representatives of the Community on the one hand, and of representatives of Slovenia, on the other.

The European Investment Bank shall participate in the work of the Cooperation Council where matters falling within its competence arise.

2. Members of the Cooperation Council may be represented as laid down in its rules of procedure.

3. The Cooperation Council shall act by mutual agreement between the Community, on the one hand, and Slovenia, on the other.

Article 40

1. The office of Chairman of the Cooperation Council shall be held alternately by each of the Contracting Parties in accordance with the conditions to be laid down in the rules of procedure.

2. Meetings of the Cooperation Council shall be called once a year by its Chairman.

The Cooperation Council shall hold whatever additional meetings may be necessary, at the request of either Contracting Party, as laid down in its rules of procedure.

Article 41

1. The Cooperation Council shall be assisted in the performance of its duties by a Cooperation Committee.

2. It may decide to set up any other committee that can assist it in carrying out its duties.

3. In its rules of procedure, the Cooperation Council shall determine the composition and duties of such committees and how they shall function.

Article 42

Where, in the course of the exchanges of information provided for in this Agreement, problems arise or seem likely to arise in the general functioning of the Agreement, particularly in the field of trade, consultations shall take place between the Contracting Parties in the Cooperation Council with a view to avoiding market disturbances as far as possible.

Article 43

Either Contracting Party shall provide, if so requested by the other Contracting Party, all relevant information on any agreements it concludes containing tariff or trade provisions, and on any amendments to its customs tariff or external trade arrangements.

Where such amendments or agreements have a direct and specific impact on the functioning of this Agreement, appropriate consultations shall be held within the Cooperation Council at the request of the other Contracting Party so that the interests of the Contracting Parties may be taken into consideration.

Article 44

When the Community concludes an association or cooperation agreement having a direct and specific impact on the functioning of this Agreement, appropriate consultations shall be held within the Cooperation Council so that the Community may take into consideration the interests of the Contracting Parties as defined by this Agreement.

In the event of a third country acceding to the Community, appropriate consultations shall be held within the Cooperation Council so that the interests of the Contracting Parties as defined by this Agreement may be taken into consideration.

Article 45

1. The Contracting Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives of this Agreement are attained.

2. If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before doing so, it shall supply the Cooperation Council with all relevant information required for a thorough examination of the situation, with a view to seeking a solution acceptable to the Contracting Parties.

3. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the Cooperation Council, which shall hold consultations on them if the other Contracting Party so requests.

Article 46

1. Any dispute which arises between the Contracting Parties concerning the interpretation of this Agreement may be placed before the Cooperation Council.

2. If the Cooperation Council fails to settle the dispute at its next meeting, either Contracting Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months.

The Cooperation Council shall appoint a third arbitrator.

The decisions of the arbitrators shall be taken by majority vote.

Each Party to the dispute must take the measures required for the implementation of the arbitrators' decision.

Article 47

In the fields covered by this Agreement:

- the arrangements applied by Slovenia in respect of the Community shall not give rise to any discrimination between the Member States and their nationals, whether natural or legal persons,

- the arrangements applied by the Community in respect of Slovenia shall not give rise to any discrimination between Slovenian nationals, whether natural or legal persons.

Article 48

Annexes A, B, C I, C II, C III, C IV, D, E and F, the Protocol on originating products and the declarations and Exchanges of Letters which appear in the Final Act shall form an integral part of this Agreement.

Article 49

This Agreement is concluded for an unlimited period.

Either Contracting Party may denounce this Agreement by notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.

The Parties reserve the right to suspend this Agreement in whole or in part, with immediately effect, if a serious breach of its essential provisions occurs.

Article 50

The Contracting Parties shall examine, at the earliest opportunity, the possibility of concluding a 'Europe Agreement` establishing an association, with the particular aim of achieving a gradual and reciprocal removal of barriers to the bulk of their trade.

Article 51

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Slovenia.

Article 52

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Slovenian languages, each of these texts being equally authentic.

Article 53

This Agreement shall be approved by the Contracting Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following notification that the procedures referred to in the first paragraph have been completed.

En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne aftale.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt.

Åéò ðßóôùóç ôùí áíùôÝñù, ïé õðïãåãñáììÝíïé ðëçñåîïýóéïé Ýèåóáí ôéò õðïãñáöÝò ôïõò óôçí ðáñïýóá óõìöùíßá.

In witness whereof the undersigned Plenipotentiaries have signed this Agreement.

En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord.

In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente accordo.

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst hebben gesteld.

Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do presente Acordo.

V dokaz tega so poobla Os Ocenci podpisali ta sporazum.

Hecho en Luxemburgo, el cinco de abril de mil novecientos noventa y tres.

Udfærdiget i Luxembourg, den femte april nitten hundrede og treoghalvfems.

Geschehen zu Luxemburg am fünften April neunzehnhundertdreiundneunzig.

¸ãéíå Ëïõîåìâïýñãï, óôéò ðÝíôå Áðñéëßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Luxembourg on the fifth day of April in the year one thousand nine hundred and ninety-three.

Fait à Luxembourg, le cinq avril mil neuf cent quatre-vingt-treize.

Fatto a Lussemburgo, addì cinque aprile millenovecentonovantatré.

Gedaan te Luxemburg, de vijfde april negentienhonderd drieënnegentig.

Feito em Luxemburgo, em cinco de Abril de mil novecentos e noventa e três.

V Luksemburgu, petega aprila tiso Ocdevetstotriindevetdeset.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Za Svet Evropskih skupnosti

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Por la República de Eslovenia

For Republikken Slovenien

Für die Republik Slowenien

Ãéá ôç Äçìïêñáôßá ôçò Óëïâåíßáò

For the Republic of Slovenia

Pour la République de Slovénie

Per la Repubblica di Slovenia

Voor de Republiek Slovenië

Pela República da Eslovénia

Za Republiko Slovenijo

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ANNEX A concerning the products referred to in Article 15

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ANNEX B concerning the tariff arrangements and rules applicable to certain goods resulting from the processing of agricultural products referred to in Article 17

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ANNEX C I (1a) (2b)

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(1a) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the designation of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the application of the CN code. Where CN code compositions are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(2b) See Taric codes in Annex C V.

ANNEX C II (1a) (2b)

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(1a) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the designation of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the application of the CN code. Where ex CN code positions are indicated, the preferential scheme is to be determined by application of CN code and corresponding description taken together.

(2b) See Taric codes in Annex C V.

ANNEX C III

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ANNEX C IV (1a) (2b)

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(1a) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the designation of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the application of the CN code. Where ex CN code positions are indicated, the preferential scheme is to be determined by application of CN code and corresponding description taken together.

(2b) See Taric codes in Annex C V.

ANNEX C V

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ANNEX D

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ANNEX E (1)

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(1) Entry under this subheading is subject to conditions laid down in the relevant Community provisions.

ANNEX F

Products referred to in Article 16 (2)

1. When the constitutive material of the products of categories 1 to 114 is not specifically mentioned, these products are to be taken to be made exclusively of wool or of fine hair, of cotton or of man-made fibres.

2. Garments which are not recognizable as being garments for men or boys or as being garments for women or girls are classified with the latter.

3. Where the expression 'babies' garments` is used, this is meant to cover garments up to and including commercial size 86.

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PROTOCOL on the definition of the concept of originating products and on methods of administrative cooperation

TITLE I DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS

Article 1

Origin criteria

For the purpose of implementing the Agreement, the following products shall be considered as:

1. products originating in Slovenia:

(a) products wholly obtained in Slovenia;

(b) products obtained in Slovenia, in the manufacture of which products other than those referred to in subparagraph (a) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 3. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in the Community, providing those products have undergone working or processing in Slovenia which exceeds the insufficient working or processing listed in Article 3 (3);

2. products originating in the Community:

(a) products wholly obtained in the Community;

(b) products obtained in the Community, in the manufacture of which products other than those wholly obtained in the Community are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 3. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in Slovenia, providing those products have undergone working or processing in the Community which exceeds the insufficient working or processing listed in Article 3 (3).

Article 2

Wholly obtained products

1. The following shall be considered as wholly obtained either in Slovenia or in the Community.

(a) mineral products extracted from their soil or from their seabed;

(b) vegetable products harvested there;

(c) live animals born and raised there;

(d) products from live animals raised there;

(e) products obtained by hunting or fishing conducted there;

(f) products of sea fishing and other products taken from the sea by their vessels;

(g) products made aboard their factory ships exclusively from products referred to in subparagraph (f);

(h) used articles collected there fit only for the recovery of raw materials;

(i) waste and scrap resulting from manufacturing operations conducted there;

(j) goods produced there exclusively from the products specified in subparagraphs (a) to (i).

2. The term 'their vessels` in paragraph 1 (f) shall apply only to vessels:

- which are registered or recorded in a Member State or in Slovenia,

- which sail under the flag of a Member State or of Slovenia,

- which are owned to an extent of at least 50 % by nationals of the Member State and Slovenia or by a company with its head office in a Member State or in Slovenia, of which the manager, managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such a board, are nationals of the Member States or Slovenia and of which, in addition in the case of partnerships or limited companies, at least half the capital belongs to the Member States or Slovenia or to public bodies or nationals of the Member States or of Slovenia,

- of which the captain and officers are all nationals of the Member States or of Slovenia,

- of which at least 75 % of the crew are nationals of the Member States or of Slovenia.

3. The terms 'the Community` and 'Slovenia` shall also cover the territorial waters of Slovenia and of the Member States.

Sea-going vessels, including factory ships, on which the fish caught is worked or processed, shall be considered as part of the territory of a Member States or of Slovenia provided that they satisfy the conditions set out in paragraph 2.

Article 3

Sufficiently processed products

1. For the purposes of Article 1, non-originating materials are considered to be sufficiently worked or processed when the product obtained is classified in a heading which is different from those in which all the non-originating materials used in its manufacture are classified, subject to the provisions of paragraphs 2 and 3.

The expressions 'chapters` and 'headings` used in this Protocol shall mean the chapters and the headings (four-digit codes) used in the nomenclature which makes up the Harmonized Commodity Description and Coding System (hereinafter referred to as the 'Harmonized System` or 'HS`).

The expression 'classified` shall refer to the classification of a product or material under a particular heading.

2. For a product mentioned in columns 1 and 2 of the list in Annex II, the conditions set out in column 3 for the product concerned must be fulfilled instead of the rule in paragraph 1.

(a) Where, in the list in Annex II, a percentage rule is applied in determining the originating status of a product obtained in the Community or Slovenia, the value added by the working or processing shall correspond to the ex works price of the product obtained, less the value of third-country materials imported into the territory concerned.

(b) The term 'value` in the list in Annex II shall mean the customs value at the time of import of the non-originating materials used or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the territory concerned.

Where the value of the originating materials used needs to be established, the first subparagraph of (b) shall be applied mutatis mutandis.

(c) The term 'ex work price` in the list in Annex II shall mean the price paid for the product obtained to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used in manufacture, minus any internal taxes which are, or may be, repaid when the product obtained is exported.

(d) 'Customs value` shall be understood as meaning the value determined in accordance with the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade, signed in Geneva on 12 April 1979.

3. For the purpose of implementing paragraphs 1 and 2, the following shall be considered as insufficient working or processing to confer the status of originating products, whether or not there is a change of heading:

(a) operations to ensure the preservation of products in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations);

(b) simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making-up of sets of articles), washing, painting, cutting-up;

(c) (i) changes of packaging and breaking-up and assembly of consignments;

(ii) simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc., and all other simple packaging operations;

(d) affixing marks, labels and other like distinguishing signs on products or their packaging;

(e) simple mixing of products, whether or not of different kinds, where one or more components of the mixture do not meet the conditions laid down in this Regulation to enable them to be considered as originating either in the Community or in Slovenia;

(f) simple assembly of parts of articles to constitute a complete article;

(g) a combination of two or more operations specified in subparagraphs (a) to (f);

(h) slaughter of animals.

Article 4

Neutral elements

In order to determine whether goods originate in the Community or Slovenia it shall not be necessary to establish whether the electrical power, fuel, plant and equipment, and machines and tools used to obtain such goods or whether any materials or products used in the course of production which do not enter and which were not intended to enter into the final composition of the goods originate in third countries or not.

Article 5

Accessories, spare parts and tools

Accessories, spare parts and tools, dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the price thereof or are not separately invoiced are regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 6

Sets

Sets, as defined in General Rule 3 of the Harmonized System, shall be regarded as originating when all component articles are originating products. Nevertheless, when a set is composed of originating and non-originating articles the set as a whole shall be regarded as originating provided that the value of the non-originating articles does not exceed 15 % of the ex works price of the set.

Article 7

Direct transport

1. The preferential treatment provided for in the Agreement applies only to originating products or materials which are transported between the territory of the Community and that of Slovenia without entering any other territory. However, goods originating in Slovenia or in the Community and constituting one single consignment which is not split up may be transported through territory other than that of the Community or Slovenia with, should the occasion arise, transhipment or temporary warehousing in such a territory, provided that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing, and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

2. Evidence that the conditions referred to in paragraph 1 have been fulfilled shall be supplied to the responsible customs authorities by the production of:

(a) a through bill of lading issued in the exporting country covering the passage through the country of transit; or

(b) a certificate issued by the customs authorities of the country of transit;

- giving an exact description of the goods,

- stating the dates of unloading or reloading of the goods or of their embarkation or disembarkation, identifying the ships or other transportation used,

- certifying the conditions under which the goods remained in the transit country;

(c) or failing these, any substantiating documents.

Article 8

Territorial continuity

The conditions set out in this Title for the acquisition of originating status must be fulfilled without interruption in the Community or Slovenia.

If originating goods exported to a country outside the Community or Slovenia are returned, they must be considered as non-originating unless it can be demonstrated to the satisfaction of the customs authorities that:

- the goods returned are the same goods as those exported, and

- they have not undergone any operation beyond that necessary to preserve them in good condition while they were in that country.

TITLE II PROOF OF ORIGIN

Article 9

Movement certificate EUR.1

Evidence of originating status of products, within the meaning of this Protocol, shall be given by a movement certificate EUR.1, a specimen of which appears in Annex III.

Article 10

Usual procedure for the issue of certificates

1. A movement certificate EUR.1 shall be issued only in response to an application made in writing by the exporter or, under the exporter's responsibility, his authorized representative. Such an application shall be made on a form, a specimen of which appears in Annex III to this Protocol, which shall be completed in accordance with this Protocol.

Applications for movement certificates EUR.1 must be kept for at least two years by the customs authorities of the exporting country.

2. The exporter or his representative shall submit with his request any appropriate supporting document proving that the products to be exported are such as to qualify for the issue of a movement certificate EUR.1.

He shall undertake to submit, at the request of the appropriate authorities, any supplementary evidence they may require for the purpose of establishing the correctness of the originating status of the products eligible for preferential treatment, and shall undertake to agree to any inspection of his accounts and to any check on the processes of the obtaining of the above products carried out by the said authorities.

Exporters must keep for at least two years the supporting documents referred to in this paragraph.

3. A movement certificate EUR.1 may be issued only where it can serve as the documentary evidence required for the purpose of implementing the tariff preferences.

4. The movement certificate EUR.1 shall be issued by the customs authorities, of the exporting country if the goods can be considered originating products within the meaning of this Protocol.

5. In cases where the goods are considered originating products within the meaning of Article 1 (1) (b), last sentence, or (2) (b), last sentence, the movement certificates EUR.1 shall be issued subject to presentation of the proof of origin previously issued or made out. This proof of origin must be kept for at least two years by the customs authorities of the exporting country.

6. Since the movement certificate EUR.1 constitutes the documentary evidence for the application of the tariff and quota preferences provided for in the Agreement, it shall be the responsibility of the customs authorities of the exporting country to take any steps necessary to verify the origin of the goods and to check the other statements on the certificate.

7. For the purpose of verifying whether the conditions stated in paragraphs 4 and 5 have been met, the customs authorities of the exporting country shall have the right to call for any documentary evidence or to carry out any check which they consider appropriate.

8. It shall be the responsibility of the customs authorities of the exporting country to ensure that the forms referred to in Article 9 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions. To this end, the description of the products must be indicated without leaving any blank lines. Where the space is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

9. The date of issue of the movement certificate must be indicated in the part of the certificate reserved for the customs authorities.

10. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting country when the products to which it relates are exported. It shall be made available to the exporter as soon as actual export has been effected or ensured.

Article 11

Long-term EUR.1 certificates

1. Notwithstanding the provisions of Article 10 (10), a movement certificate EUR.1 may be issued by the customs authorities of the exporting country when only part of the goods to which it relates are exported, in the case of a certificate covering a series of exportations of the same products from the same exporter to the same importer, over a maximum period of one year from the date of issue, hereinafter referred to as an 'LT certificate`.

2. LT certificate shall be issued, in accordance with the provisions of Article 10 and when the customs authorities of the exporting country consider such procedure necessary, only where the originating status of the goods to be exported is expected to remain unchanged for the period of validity of the LT certificate. If any goods are no longer covered by the LT certificate, the exporter shall immediately inform the customs authorities who issued the certificate.

3. Where the LT certificate procedure applies, the customs authorities of the exporting country may prescribe the use of EUR.1 certificates bearing a distinctive sign by which they may be identified.

4. Box 11 'Customs Endorsement` of the EUR.1 certificate must be endorsed as usual by the customs authorities of the exporting country.

5. One of the following phrases shall be entered in box 7 of the EUR.1 certificate.

'CERTIFICADO LT VÁLIDO HASTA EL . . .`

'LT-CERTIFIKAT GYLDIGT INDTIL . . .`

'LT-CERTIFICATE GÜLTIG BIS . . .`

'ÐÉÓÔÏÐÏÉÇÔÉÊÏ LT ÉÓ×ÕÏÍ ÌÅ×ÑÉ . . .`

'LT-CERTIFICATE VALID UNTIL . . .`

'CERTIFICAT LT VALABLE JUSQU'AU . . .`

'CERTIFICATO LT VALIDO FINO AL . . .`

'LT-CERTIFICAAT GELDIG TOT EN MET . . .`

'LT-CERTIFICADO VALIDO ATÉ . . .`

'POTRDILO LT VELJA DO . . .`

(date indicated in Arabic numerals).

6. Reference is not required in box 8 and box 9 of the LT certificate to the marks, numbers and number and kind of packages or to gross weight (kg) or other measures (litres, m³, etc.). Box 8 must, however, contain a description and designation of the goods which is sufficiently precise to allow their identification.

7. Notwithstanding Article 17, the LT certificate must be submitted to the customs office of import by the time the first importation of any goods to which it relates takes place. When the importer carries out customs clearance at several customs offices in the country of importation, the customs authorities may require him to provide all of those offices with a copy of the LT certificate.

8. Where an LT certificate has been submitted to the customs authorities, evidence of the originating status of the imported goods shall, during the validity of the LT certificate, be provided by invoices which satisfy the following conditions:

(a) when an invoice includes goods originating in the Community or Slovenia and non-originating goods, the exporter shall distinguish clearly between the two categories;

(b) the exporter shall state on each invoice the number of the LT certificate which covers the goods, its expiry date and the country or countries in which the goods originate.

By recording on the invoice the number of the LT certificate and the country of origin, the exporter shall be considered to be declaring that the goods fulfil the conditions laid down in this Protocol for the acquisition of preferential origin status in trade between the Community and Slovenia.

The customs authorities of the exporting country may require that the entries which, under the above provisions, must appear on the invoice, be supported by a manuscript signature followed by the name of the signatory in clear script;

(c) the description and designation of the goods on the invoice shall be sufficiently detailed to show clearly that the goods are also listed on the LT certificate to which the invoice refers;

(d) the invoices can be made out only for goods exported during the period of validity of the relevant LT certificate. They may, however, be produced at the customs office of importation within four months of their being made out by the exporter.

9. In the framework of the LT certificate procedure, invoices which satisfy the conditions of this Article may be made out and/or transmitted using telecommunications or electronic data-processing methods. Such invoices shall be accepted by customs in the importing countries as evidence of the originating status of the goods imported, in accordance with the procedures laid down by the customs authorities there.

10. Should the customs authorities of the exporting country discover that a certificate and/or invoice issued under the provisions of this Article is invalid in relation to any goods supplied, they shall immediately notify the customs authorities of the importing country.

11. The provisions of this Article shall not affect the implementation of rules of the Community, the Member States of the Community and Slovenia on customs formalities and the use of customs documents.

Article 12

Issue of EUR.1 retrospectively

1. In exceptional circumstances a movement certificate EUR.1 may also be issued after exportation of the products to which it relates if it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances.

2. For the implementation of paragraph 1, the exporter's written application must:

- indicate the place and date of export of the products to which the certificate relates,

- certify that no movement certificate EUR.1 was issued at the time of export of the products in question, and state the reasons.

3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter's application agrees with that in the corresponding file.

Certificates issued retrospectively must be endorsed with one of the following phrases:

'EXPEDIDO A POSTERIORI`,

'UDSTEDT EFTERFØLGENDE`,

'NACHTRÄGLICH AUSGESTELLT`,

'ÅÊÄÏÈÅÍ ÅÊ ÔÙÍ ÕÓÔÅÑÙÍ`,

'ISSUED RETROSPECTIVELY`,

'DÉLIVRÉ A POSTERIORI`,

'RILASCIATO A POSTERIORI`,

'AFGEGEVEN A POSTERIORI`,

'EMITIDO A POSTERIORI`,

'IZDANO NAKNADNO`.

4. The endorsement referred to in paragraph 3 shall be inserted in the 'Remarks` box on the movement certificate EUR.1.

Article 13

Issue of a duplicate EUR.1

1. In the event of the theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession.

2. The duplicate issued in this way must be endorsed with one of the following words:

'DUPLICADO`,

'DUPLIKAT`,

'DUPLIKAT`,

'ÁÍÔÉÃÑÁÖÏ`,

'DUPLICATE`,

'DUPLICATA`,

'DUPLICATO`,

'DUPLICAAT`,

'SEGUNDA VIA`,

'DVOJNIK`.

3. The endorsement referred to in paragraph 2 shall be inserted in the 'Remarks` box on the movement certificate EUR.1.

4. The duplicate, which must bear the date of issue of the original EUR.1 certificate, shall take effect as from that date.

Article 14

Replacement of certificates

It shall at any time be possible to replace one or more movement certificates EUR.1 with one or more other movement certificates EUR.1 provided that this is done by the customs office at which the goods are located.

Article 15

Validity of movement certificates EUR.1

1. A movement certificate EUR.1 must be submitted within five months of the date of issue by customs in the exporting country to the customs office in the importing country at which the goods are presented.

2. A movement certificate EUR.1 which is submitted to the customs authorities of the importing country after the deadline for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment where the failure to meet the deadline is due to reasons of force majeure or exceptional circumstances.

3. In other cases of late presentation, the customs authorities of the importing country may accept certificates where the goods have been submitted to them before the deadline.

Article 16

Exhibitions

1. Products sent from the Community or from Slovenia for display at an exhibition outside the Community or Slovenia and sold after the exhibition for importation into Slovenia or into the Community shall be covered on importation by the terms of the Agreement provided that they meet the requirements of this Protocol with regard to being recognized as originating in the Community or in Slovenia and provided that it is shown to the satisfaction of the customs authorities that:

(a) an exporter has consigned these products from the Community or from Slovenia to the country in which the exhibition is held and has exhibited them there;

(b) the products have been sold or otherwise disposed of by that exporter to someone in the Community or Slovenia;

(c) the products have been consigned during the exhibition or immediately thereafter to the Community or to Slovenia in the state in which they were sent for exhibition;

(d) the products have not, since they were consigned for exhibition, been used for any purpose other than display at the exhibition.

2. A movement certificate EUR.1 must be produced for the customs authorities in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the products and the conditions under which they have been exhibited may be required.

3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.

Article 17

Submission of certificates

Movement certificates EUR.1 shall be submitted to the customs authorities in the importing country in accordance with the procedures laid down in that country's rules and regulations. The authorities in question may require a translation of a certificate. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for coverage by the Agreement.

Article 18

Importation by instalments

Without prejudice to Article 3 (3) of this Protocol, where, at the request of the customs declarant, a dismantled or unassembled article falling within Chapter 84 or 85 of the Harmonized System is imported by instalments under the conditions laid down by the competent authorities, it shall be considered to be a single article and a movement certificate may be submitted for the whole article upon import of the first instalment.

Article 19

Retention of certificates

Movement certificates EUR.1 shall be kept by the customs authorities of the importing country in accordance with the rules in force in that country.

Article 20

Form EUR.2

1. Notwithstanding Article 9, evidence of originating status, within the meaning of this Protocol, for consignments containing only originating products and not exceeding ECU 5 110 in value per consignment, shall be provided by a form EUR.2, a specimen of which appears in Annex IV to this Protocol.

2. The form EUR.2 shall be completed and signed by the exporter or, under the exporter's responsibility, by his authorized representative, in accordance with this Protocol.

3. A form EUR.2 shall be completed for each consignment.

4. The exporter completing the form EUR.2 shall submit at the request of the customs authorities of the exporting country all supporting documents concerning the use of that form.

5. Articles 16, 18 and 20 shall apply mutatis mutandis to forms EUR.2.

Article 21

Discrepancies

The discovery of slight discrepancies between the statements made in the movement certificate EUR.1 or in the form EUR.2 and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the goods shall not ipso facto render the document null and void if it is duly established that the movement certificate EUR.1 or the form EUR.2 does correspond to the goods submitted.

Article 22

Exemptions from proof of origin

1. On import into the Community, the following shall be considered originating products within the meaning of this Protocol without it being necessary to produce the documents referred to in Article 9 or 20:

(a) products sent as small packages from private persons to private persons, provided that the value of the products does not exceed ECU 215;

(b) products forming part of travellers' personal luggage, provided that the value of the products does not exceed ECU 600.

These provisions shall be applied only when such products are not imported by way of trade and have been declared as meeting the conditions required for coverage by the Agreement, and where there is no doubt as to the veracity of such a declaration.

2. Importations which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as importations by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view.

TITLE III METHODS OF ADMINISTRATIVE COOPERATION

Article 23

Communication of stamps and addresses

Slovenia shall send to the Commission of the European Communities specimens of the stamps used together with the addresses of the customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of these certificates. The Commission of the European Communities shall forward this information to the customs authorities of the Member States.

Movement certificates EUR.1 shall be accepted for the purpose of applying preferential treatment from the date on which the information is received by the Commission of the European Communities.

Movement certificates EUR.1 presented to the customs authorities of the importing Member State before this date shall be accepted in conformity with Community legislation.

Article 24

Verification of movement certificates EUR.1 and of forms EUR.2

1. Subsequent verification of certificates EUR.1 and of forms EUR.2 shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of the document or the accuracy of the information regarding the true origin of the goods in question.

2. In order to ensure proper implementation of this Protocol, the Member States of the Community and Slovenia shall assist each other, through their respective customs administrations, in checking the authenticity of movement certificates EUR.1 and forms EUR.2 and the accuracy of the information concerning the true origin of the products concerned.

3. For the purposes of implementing paragraph 1, the customs authorities of the importing country shall return the certificate EUR.1 or form EUR.2 or a copy thereof to the customs authorities of the exporting country, giving, where appropriate, the reasons of substance or form for an inquiry.

The customs authorities of the importing country shall attach to the certificate EUR.1 or form EUR.2 the invoice or a copy of the invoice, if supplied, and shall furnish any available evidence which gives grounds for belief that the information on the certificate EUR.1 or the form EUR.2 is inaccurate.

If the customs authorities of the importing country decide to suspend implementation of the terms of the Agreement while awaiting the results of the verification, they shall offer to release the goods to the importer, subject to any precautionary measures judged necessary.

4. The customs authorities of the importing country shall be informed of the results of the verification as soon as possible. These results must be such as to enable it to be determined whether the disputed certificates EUR.1 or forms EUR.2 relate to the products concerned, and whether these products were indeed eligible for the preferential arrangements.

If in cases of reasonable doubt there is no reply within 10 months of the date of the verification request, or if the reply does not contain sufficient information to determine the authenticity of the document in question or the true origin of the products, the requesting authorities shall refuse preferential treatment, except in the case of force majeure or exceptional circumstances.

5. For the purpose of the subsequent verification of EUR.1 certificates, the customs authorities of the exporting country must keep copies of the certificates, as well as any export documents referring to them, for at least two years.

TITLE IV CEUTA AND MELILLA

Article 25

Implementation of the Protocol

1. The term 'Community` used in this Protocol does not cover Ceuta or Melilla. The phrase 'products originating in the Community` does not cover products originating in Ceuta and Melilla.

2. This Protocol shall apply mutatis mutandis to products originating in Ceuta and Melilla, subject to the special conditions set our in Article 26.

Article 26

Special conditions

1. The following provisions shall apply instead of Article 1, and references to that Article shall apply mutatis mutandis to this Article.

2. Providing they have been transported directly in accordance with Article 7, the following shall be considered as:

(a) products originating in Ceuta and Melilla:

(i) products wholly obtained in Ceuta and Melilla;

(ii) products obtained in Ceuta and Melilla in the manufacture of which products other than those referred to in (i) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 3. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in the Community, provided they undergo working or processing in Ceuta and Melilla which exceeds the insufficient working or processing set out in Article 3 (3);

(b) products originating in Slovenia:

(i) products wholly obtained in Slovenia;

(ii) products obtained in Slovenia in the manufacture of which products other than those referred to in (i) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 3. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in Ceuta and Melilla or the Community provided they undergo working or processing in Slovenia which exceeds the insufficient working or processing set out in Article 3 (3).

3. Ceuta and Melilla shall be considered as a single territory.

4. The exporter or his authorized representative shall enter 'the Republic of Slovenia` and 'Ceuta and Melilla` in box 2 of the movement certificate EUR.1. In addition, in the case of products originating in Ceuta and Melilla, this shall be indicated in box 4 of the certificate EUR.1.

5. The Spanish customs authorities shall be responsible for the implementation of this Protocol in Ceuta and Melilla.

TITLE V FINAL PROVISIONS

Article 27

Amendments to the Protocol

The Cooperation Council shall examine at two-yearly intervals, or whenever Slovenia or the Community so requests, the implementation of the provisions of this Protocol, with a view to making any necessary amendments or adjustments.

Such examination shall take into account in particular the participation of the Contracting Parties in free-trade zones or customs unions with third countries.

Article 28

Customs Cooperation Committee

TEXT CONTINUED UNDER DOC.NUM: 293A0729(01).1

1. A Customs Cooperation Committee shall be established. It shall be responsible for administrative cooperation in the interests of a correct and uniform implementation of this Protocol, and for carrying out any other function in relation to customs matters with which it is entrusted.

2. The Committee shall be composed, on the one hand, of customs experts of the Member States and of officials of the department of the Commission of the European Communities who are responsible for customs questions, and, on the other hand, of customs experts from Slovenia.

Article 29

Petroleum products

The products listed in Annex V shall be temporarily excluded from the scope of this Protocol. Nevertheless, the provisions concerning administrative cooperation shall apply, mutatis mutandis, to these products.

Article 30

Annexes

The Annexes to this Protocol shall form an integral part thereof.

Article 31

Implementation of the Protocol

The Community and Slovenia shall each take the steps necessary to implement this Protocol.

ANNEX I

NOTES

Foreword

These notes shall apply, where appropriate, to all products manufactured using non-originating materials, even if they are not subject to specific conditions contained in the list in Annex II but are subject instead to the change of heading rule set out in Article 3 (1).

Note 1

1.1. The list in Annex II contains some products which are not eligible for tariff preferences but which may be used in the manufacture of products which are eligible.

1.2. The first two columns in the list describe the product obtained. The first column gives the heading number or chapter number used in the Harmonized System and the second column gives the description of goods used in the System for that heading or chapter. For each entry in the first two columns a rule is specified in column 3. Where, in some cases, the entry in the first column is preceded by an 'ex`, this signifies that the rule in column 3 applies only to the part of that heading or chapter as described in column 2.

1.3. Where several heading numbers are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the rule in column 3 applies to all products which, under the Harmonized System, are classified in headings of the chapter or in any of the headings grouped together in column 1.

1.4. Where this list contains different rules for products within a single heading, each indent contains the description of that part of the heading covered by the rule in column 3.

Note 2

2.1. The term 'manufacture` covers any kind of working or processing including 'assembly` or specific operations. However, see Note 3.5 below.

2.2. The term 'material` covers any ingredient, raw material, component or part, etc., used in the manufacture of the product.

2.3. The term 'product` refers to the product being manufactured, even if it is intended for later use in another manufacturing operation.

2.4. The term 'goods` covers both materials and products.

Note 3

3.1. In the case of any heading not in the list or any part of a heading that is not in the list, the 'change of heading` rule set out in Article 3 (1) applies. If a 'change of heading` condition applies to any entry in the list, then it is contained in the rule in column 3.

3.2. The working or processing required by a rule in column 3 has to be carried out only in relation to the non-originating materials used. The restriction contained in a rule in column 3 likewise apply only to the non-originating materials used.

3.3. Where a rule states that 'materials of any heading` may be used, materials of the same heading as the product may also be used, subject, however, to any specific limitations which may also be contained in the rule. However, the expression 'manufacture from materials of any heading, including other materials of heading No . . .` means that only materials classified in the same heading as the product of a different description than that of the product as given in column 2 of the list may be used.

3.4. If a product made from non-originating materials which has acquired originating status during manufacture by virtue of the change of heading rule or the rule attached to in the list is used as a material in the process of manufacture of another product, then the rule applicable to the product in which it is incorporated does not apply to it.

For example:

An engine of heading No 8407, for which the rule states that the value of the non-originating materials which may be incorporated may not exceed 40 % of the ex works price, is made from 'other alloy steel roughly shaped by forging` of heading No 7224.

If this forging has been forged in the country concerned from a non-originating ingot then the forging has already acquired origin by virtue of the rule for heading No ex 7224 in the list. It can then count as originating in the value calculation for the engine regardless of whether it was produced in the same factory or another. The value of the non-originating ingot is thus not taken into account when adding up the value of the non-originating materials used.

3.5. Even if the change of heading rule or the other rules contained in the list are satisfied, a product shall not acquire originating status if the processing carried out, taken as a whole, is insufficient within the meaning of Article 3 (3).

3.6. The unit of qualification for the application of the origin rules shall be the particular product which is considered as the basic unit when determining classification using the nomenclature of the Harmonized System. In the case of sets of products which are classified by virtue of General Rule 3 for the interpretation of the Harmonized System, the unit of qualification shall be determined in respect of each item in the set: this provision is equally applicable to sets of headings Nos 6308, 8206 and 9605.

Accordingly, it follows that:

- when a product composed of a group or assembly of articles is classified under the terms of the Harmonized System in a single heading, the whole constitutes the unit of qualification,

- when a consignment consists of a number of identical products classified under the same heading of the Harmonized System, each product must be taken individually when applying the origin rules,

- where, under General Rule 5 of the Harmonized System, packing is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Note 4

4.1. The rule in the list represents the minimum amount of working or processing required, and the carrying out of more working or processing also confers originating status; conversely, the carrying out of less working or processing cannot confer origin. Thus if a rule says that non-originating material at a certain stage of manufacture may be used, the use of such material at an earlier stage of manufacture is allowed and the use of such material at a later stage is not.

4.2. When a rule in the list specifies that a product may be manufactured from more than one material, this means that any one or more materials may be used. It does not require that all be used.

For example:

The rule for fabrics says that natural fibres may be used and that chemical materials, among other materials, may also be used. This does not mean that both have to be used; one can use one or the other or both.

If, however, a restriction applies to one material and other restrictions apply to other materials in the same rule, then the restrictions only apply to the materials actually used.

For example:

The rule for sewing machines specifies that both the thread tension mechanism used and the zigzag mechanism used must originate; these two restrictions only apply if the mechanisms concerned are actually incorporated into the sewing machine.

4.3. When a rule in the list specifies that a product must be manufactured from a particular material, the condition obviously does not prevent the use of other materials which, because of their inherent nature, cannot satisfy the rule.

For example:

The rule for heading No 1904 which specifically excludes the use of cereals or their derivatives does not prevent the use of mineral salts, chemicals and other additives which are not produced from cereals.

For example:

In the case of an article made from non-woven materials, if the use of non-originating yarn only is allowed for this class of article, it is not possible to start from non-woven cloth, even if non-woven cloth cannot normally be made from yarn. In such cases, the starting material would normally be at the stage before yarn, that is the fibre stage.

See also Note 7.3 in relation to textiles.

4.4. If in a rule in the list two or more percentages are given for the maximum value of non-originating materials that can be used, then these percentages may not be added together. The maximum value of all the non-originating materials used may never exceed the highest of the percentages given. Furthermore, the individual percentages must not be exceeded in relation to the particular materials they apply to.

Note 5

5.1. The term 'natural fibres` is used in the list to refer to fibres other than artificial or synthetic fibres and is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, the term 'natural fibres` includes fibres that have been carded, combed or otherwise processed but not spun.

5.2. The term 'natural fibres` includes horsehair of heading No 0503, silk of heading Nos 5002 and 5003 as well as the wool fibres, fine or coarse animal hair of heading Nos 5101 to 5105, the cotton fibres of heading Nos 5201 to 5203 and the other vegetable fibres of heading Nos 5301 to 5305.

5.3. The terms 'textile pulp`, 'chemical materials` and 'paper-making materials` are used in the list to describe the materials not classified in chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.

5.4. The term 'man-made staple fibres` is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings Nos 5501 to 5507.

Note 6

6.1. In the case of the products classified within those headings in the list to which a reference is made to this Note, the conditions set out in column 3 of the list shall not be applied to any basic textile materials used in their manufacture which, taken together, represent 10 % or less of the total weight of all the basic textile materials used, (see Notes 6.3 and 6.4 below).

6.2. However, this tolerance may only be applied to mixed products which have been made from two or more basic textile materials.

The following are the basic textile materials:

- silk,

- wool,

- coarse animal hair,

- fine animal hair,

- horsehair,

- cotton,

- paper-making materials and paper,

- flax,

- true hemp,

- jute and other textile bast fibres,

- sisal and other textile fibres of the genus Agave,

- coconut, abaca, ramie and other vegetable textile fibres,

- synthetic man-made filaments,

- artificial man-made filaments,

- synthetic man-made staple fibres,

- artificial man-made staple fibres.

For example:

A yarn of heading No 5205 made from cotton fibres of heading No 5203 and synthetic staple fibres of heading No 5506 is a mixed yarn. Therefore, non-originating synthetic staple fibres that do not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) may be used up to a weight of 10 % of the yarn.

For example:

A woollen fabric of heading No 5112 made from woollen yarn of heading No 5107 and synthetic yarn of staple fibres of heading No 5509 is a mixed fabric. Therefore synthetic yarn which does not satisfy the origin rules (which require manufacture from chemical materials or textile pulp) or woollen yarn that does not satisfy the origin rules (which require manufacture from natural fibres, not carded or combed or otherwise prepared for spinning) or a combination of the two may be used up to a weight of 10 % of the fabric.

For example:

Tufted textile fabric of heading No 5802 made from cotton yarn of heading No 5205 and cotton fabric of heading No 5210 is only a mixed product if the cotton fabric is itself a mixed fabric being made from yarns classified in two separate headings or if the cotton yarns used are themselves mixtures.

For example:

If the tufted textile fabric concerned had been made from cotton yarn of heading No 5205 and synthetic fabric of heading No 5407, then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is accordingly a mixed product.

For example:

A carpet with tufts made from both artificial yarns and cotton yarns and with a jute backing is a mixed product because three basic textile materials are used. Thus, any non-originating materials that are involved at a later stage of manufacture than the rule allows may be used, provided their total weight taken together does not exceed 10 % of the weight of the textile materials in the carpet. Thus, both the jute backing and/or the artificial yarns could be imported at that stage of manufacture, provided the weight conditions are met.

6.3. In the case of fabrics incorporating 'yarn made of polyurethane segmented with flexible segments of polyether whether or not gimped` this tolerance is 20 % in respect of this yarn.

6.4. In the case of fabrics incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of an adhesive between two films of plastic film, this tolerance is 30 % in respect of this strip.

Note 7

7.1. In the case of those textile products which are marked in the list by a footnote referring to this note, textile materials with the exception of linings and interlinings which do not satisfy the rule set out in the list in column 3 for the made up products concerned may be used provided that they are classified in a heading other than that of the product, and that their value does not exceed 8 % of the ex works price of the product.

7.2. Any non-textile trimmings and accessories or other materials used which contain textiles do not have to satisfy the conditions set out in column 3 even though they fall outside the scope of Note 4.3.

7.3. In accordance with Note 4.3, any non-originating non-textile trimmings and accessories or other products with no textile content textiles, may in all cases be used freely where they cannot be made from the materials listed in column 3.

For example:

If a rule in the list stipulates that for a particular textile item, such as a blouse, yarn must be used, this does not prevent the use of metal items, such as buttons, because they cannot be made from textile materials.

7.4. Where a percentage rule applies, the value of trimmings and accessories must be taken into account when calculating the value of the non-originating materials incorporated.

ANNEX II

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ANNEX III

MOVEMENT CERTIFICATES EUR.1

1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink and in capital letters.

2. Each certificate 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 weighing not less than 65 g/m². It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

3. The competent authorities of the exporting Member State or territory may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each certificate must include a reference to such approval. Each certificate 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.

MOVEMENT CERTIFICATE

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APPLICATION FOR A MOVEMENT CERTIFICATE

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ANNEX IV

FORM EUR.2

1. Form EUR.2 shall be made out on the form of which a specimen appears in this Annex. This form shall be printed in one or more of the languages in which the Agreement is drawn up. Forms shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall be completed in ink and in capital letters.

2. Each form EUR.2 shall measure 210 × 148 mm; a maximum 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 weighing not less than 65 g/m².

3. The competent authorities of the Member States of the Community and of Slovenia 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.

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ANNEX V

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FINAL ACT

The plenipotentiaries of:

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and of

THE REPUBLIC OF SLOVENIA,

of the other part,

meeting at Luxembourg on 5 April 1993 for the purpose of signing the Cooperation Agreement and the Protocol on financial cooperation between the European Economic Community and the Republic of Slovenia, on signing the Cooperation Agreement, adopted the following Declarations:

1. Declaration by the Contracting Parties on Article 16 of the Agreement;

2. Declaration by the Community on the Community arrangements applicable to imports of young male bovine animals intended for fattening, originating in and coming from Slovenia;

3. Joint Declarations on the Community arrangements applicable to imports of young male bovine animals intended for fattening, originating in and coming from Slovenia;

4. Declaration by the Community on beef and veal;

5. Declaration by Slovenia on beef and veal;

6. Declaration of intent by the Contracting Parties on the trade arrangements between the States that have emerged from the former Federal Republic of Yugoslavia;

7. Joint Declaration on the presentation of the Agreement to the GATT by the Community;

and took note of:

- the exchange of letters on cooperation in the field of labour,

- the Joint Declaration on political dialogue adopted on that day,

and, when signing the Protocol on financial cooperation, adopted the following Declarations:

1. Joint Declaration concerning Article 4 of the Financial Protocol;

2. Declaration by the Community concerning Article 8 of the Financial Protocol.

The Declarations and the exchange of letters listed above are annexed to this Final Act.

The plenipotentiaries have agreed that the Declarations and exchanges of letters shall be subjected, in the same manner as the Agreement, to any procedures that may be necessary to ensure their validity.

Hecho en Luxemburgo, el cinco de abril de mil novecientos noventa y tres.

Udfærdiget i Luxembourg, den femte april nitten hundrede og treoghalvfems.

Geschehen zu Luxemburg am fünften April neunzehnhundertdreiundneunzig.

¸ãéíå Ëïõîåìâïýñãï, óôéò ðÝíôå Áðñéëßïõ ÷ßëéá åííéáêüóéá åííåíÞíôá ôñßá.

Done at Luxembourg on the fifth day of April in the year one thousand nine hundred and ninety-three.

Fait à Luxembourg, le cinq avril mil neuf cent quatre-vingt-treize.

Fatto a Lussemburgo, addì cinque aprile millenovecentonovantatré.

Gedaan te Luxemburg, de vijfde april negentienhonderd drieënnegentig.

Feito em Luxemburgo, em cinco de Abril de mil novecentos e noventa e três.

V Luksemburgu, petega aprila tiso Ocdevetstotriindevetdeset.

Por el Consejo de las Comunidades Europeas

For Rådet for De Europæiske Fællesskaber

Für den Rat der Europäischen Gemeinschaften

Ãéá ôï Óõìâïýëéï ôùí Åõñùðáúêþí ÊïéíïôÞôùí

For the Council of the European Communities

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad van de Europese Gemeenschappen

Pelo Conselho das Comunidades Europeias

Za Svet Evropskih skupnosti

>REFERENCE TO A FILM>

Por la República de Eslovenia

For Republikken Slovenien

Für die Republik Slowenien

Ãéá ôç Äçìïêñáôßá ôçò Óëïâåíßáò

For the Republic of Slovenia

Pour la République de Slovénie

Per la Repubblica di Slovenia

Voor de Republiek Slovenië

Pela República da Eslovénia

Za Republiko Slovenijo

>REFERENCE TO A FILM>

1. DECLARATION BY THE CONTRACTING PARTIES ON ARTICLE 16 OF THE AGREEMENT

The ceilings, reference quantities and quotas referred to in Article 16 of the Agreement will apply overall to the Republics that emerged from the former Socialist Federal Republic of Yugoslavia.

The import arrangements applicable to products originating in Slovenia referred to in Article 16 of the Agreement may not be less favourable overall than that applicable in 1992 pursuant to Council Regulation (EEC) No 545/92 of 3 February 1992 and Council Regulation (EEC) No 3301/91 of 11 November 1991.

The Community reserves the right to propose to Slovenia that the unilateral arrangements provided for in Article 16 be replaced with contractual arrangements based on the relevant provisions of the Agreement between the Community and the Socialist Federal Republic of Yugoslavia, for products included in Annexes C I to F to this Agreement.

Slovenia takes note of this and expresses its wish to start rapidly such negotiations.

2. DECLARATION BY THE COMMUNITY ON THE COMMUNITY ARRANGEMENTS APPLICABLE TO IMPORTS OF YOUNG MALE BOVINE ANIMALS INTENDED FOR FATTENING, ORIGINATING IN AND COMING FROM SLOVENIA

The Community undertakes, for the duration of the Agreement and in respect of a quantity to be determined in accordance with the procedure agreed in the relevant joint declaration, to limit to 25 % of the total levy the amount of the levy applicable to imports of young male bovine animals intended for fattening, of a live weight per head of not less than 160 kg and not more that 300 kg, originating in and coming from Slovenia.

3. JOINT DECLARATION ON THE COMMUNITY ARRANGEMENTS APPLICABLE TO IMPORTS OF YOUNG MALE BOVINE ANIMALS INTENDED FOR FATTENING, ORIGINATING IN AND COMING FROM SLOVENIA

The Community and Slovenia agree that the suspension at 25 % of the total levy shall apply to a maximum number of head of young male bovine animals intended for fattening to be fixed annually by the Council of the European Communities in accordance with Council Regulation (EEC) No 805/68 of 27 June 1968.

The Community and Slovenia agree, in drawing up the estimate, to follow the cooperation procedure set out below:

1. Commission staff will collect information supplied by the Community Member States on their respective needs as regards animals for fattening.

On the basis of this information and their own forecasts, they will make an overall estimate of Community needs;

2. this estimate will be communicated to the competent Slovenian authorities;

3. this will be followed as soon as possible by meetings between the competent Slovenian authorities and Commission staff. The objectives of these meetings will be as follows:

- to have an exchange of views on the overall situation of the beef and veal market in the Community and the forecasts for production and consumption,

- to enable both sides to analyse the appropriate data so that estimates of Community needs in respect of live animals for fattening can be drawn up,

- to exchange information on the scope for Slovenian exports;

4. following these meetings, the Commission will produce a draft estimate for transmission to the Council, taking into account all the elements emerging during the discussions which can be quantified on as realistic a basis as possible.

The draft estimate given to the Council will be accompanied by a document reflecting the substance of the views expressed by the participants about Community needs and the scope for exports of the products in question;

5. the estimate should be drawn up in such a way as to ensure regular supplies for the Community market and permit an increase in imports in proportion to the increase in Community needs, taking into account the foreseeable expansion of the market.

In the light of these considerations, it is expected that the annual level of imports of animals for fattening under the estimate will show a tendency to rise over a period of several years as Community needs increase.

4. DECLARATION BY THE COMMUNITY ON BEEF AND VEAL

The Community declares its willingness to enter into consultations with Slovenia during the lifetime of the Agreement, with the aim of considering improvements to the arrangement in the beef and veal sector in the light of trends in the Community market, taking into account its relations with Slovenia.

5. DECLARATION BY SLOVENIA ON BEEF AND VEAL

Slovenia undertakes to maintain a regular rate of delivery of baby beef to the Community, so as to avoid disrupting Community markets.

6. DECLARATION OF INTENT BY THE CONTRACTING PARTIES ON THE TRADE ARRANGEMENTS BETWEEN THE STATES THAT EMERGED FROM THE FORMER FEDERAL REPUBLIC OF YUGOSLAVIA

1. The European Community and Slovenia consider it essential for economic and trade cooperation between the States that emerged from the former Federal Republic of Yugoslavia to be re-established as quickly as possible, as soon as political and economic circumstances permit.

2. The Community is prepared to grant cumulation of origin to the States that emerged from the former Federal Republic of Yugoslavia which have restored normal economic and trade cooperation as soon as the administrative cooperation needed for cumulation to work properly has been established.

3. With this in mind, Slovenia declares its readiness to enter into negotiations as soon as possible in order to establish cooperation with the other States that emerged from the former Federal Republic of Yugoslavia.

7. JOINT DECLARATION ON THE PRESENTATION OF THE AGREEMENT TO GATT BY THE COMMUNITY

The Contracting Parties to the Agreement will consult when the provisions of the Agreement that relate to trade are presented and examined under GATT.

EXCHANGE OF LETTERS ON COOPERATION IN THE FIELD OF LABOUR

Sir,

I have the honour to inform you on behalf of the Member States of the Community that the latter confirm their adherence to the principles and provisions contained in Title IV of the 1980 Cooperation Agreement between the Community and Yugoslavia.

They express their readiness to include the relevant parts of Title IV in the expected future agreement for the furthering of contractual relations between the Community and the Republic of Slovenia.

In the meantime they declare their willingness, subject to reciprocity, to uphold, for nationals of Slovenia, the non-discrimination provisions of the 1980 Agreement.

I should be grateful if you would acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

President of the Council of the European Communities

Sir,

In your letter of today's date, you informed me as follows:

'I have the honour to inform you on behalf of the Member States of the Community that the latter confirm their adherence to the principles and provisions contained in Title IV of the 1980 Cooperation Agreement between the Community and Yugoslavia.

They express their readiness to include the relevant parts of Title IV in the expected future agreement for the furthering of contractual relations between the Community and the Republic of Slovenia.

In the meantime, they declare their willingness, subject to reciprocity, to uphold, for nationals of Slovenia, the non-discrimination provisions of the 1980 Agreement.`

I have the honour to acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the President of the Republic of Slovenia

JOINT DECLARATION CONCERNING ARTICLE 4 OF THE FINANCIAL PROTOCOL

It is understood that the application of Article 4 is dependent upon the submission to the Bank by Slovenia of mutually acceptable projects.

DECLARATION BY THE COMMUNITY CONCERNING ARTICLE 8 OF THE FINANCIAL PROTOCOL

The provisions of the Financial Protocol are without prejudice to the general question of the origin of goods and services eligible for financing by the Bank from its own resources and do not, in this connection, affect the exercise by the Bank's bodies of their powers under the statute of the Bank.