Title
Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part
Preamble
THE KINGDOM OF BELGIUM,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
IRELAND,
THE ITALIAN REPUBLIC,
THE GRAND DUCHY OF LUXEMBOURG,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE PORTUGUESE REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty establishing the European Community and the Treaty establishing the European Coal and Steel Community, hereinafter referred to as the ‘Member States’, and
THE EUROPEAN COMMUNITY,
THE EUROPEAN COAL AND STEEL COMMUNITY,
hereinafter referred to as ‘the Community’, of the one part, and
THE REPUBLIC OF TUNISIA,
hereinafter referred to as ‘Tunisia’, of the other part,
CONSIDERING the importance of the existing traditional links between the Community, its Member States and Tunisia and the common values that the Contracting Parties share;
CONSIDERING that the Community, its Member States and Tunisia wish to strengthen those links and to establish lasting relations, based on reciprocity, partnership and co-development;
CONSIDERING the importance which the Parties attach to the principles of the United Nations Charter, particularly the observance of human rights and political and economic freedom, which form the very basis of the Association;
CONSIDERING recent political and economic developments both on the European continent and in Tunisia;
CONSIDERING the considerable progress made by Tunisia and its people towards achieving their objectives of full integration of the Tunisian economy in the world economy and participation in the community of democratic nations;
CONSCIOUS of the importance of this Agreement, based on cooperation and dialogue, for lasting stability and security in the Euro-Mediterranean region;
CONSCIOUS, on the one hand, of the importance of relations in an overall Euro-Mediterranean context and, on the other, of the objective of integration between the countries of the Maghreb;
BEARING IN MIND the economic and social disparities between the Community and Tunisia and desirous of achieving the objectives of this association through the appropriate provisions of this Agreement;
DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest;
TAKING ACCOUNT of the Community's willingness to provide Tunisia with decisive support in its endeavours to bring about economic reform, structural adjustment and social development;
CONSIDERING the commitment of both the Community and Tunisia to free trade, in compliance with the rights and obligations arising out of the General Agreement on Tariffs and Trade (GATT);
DESIROUS of establishing cooperation sustained by regular dialogue on economic, social and cultural issues in order to achieve better mutual understanding;
CONVINCED that this Agreement will create a climate conducive to the development of their economic relations, in particular in the fields of trade and investment, the key sectors for economic restructuring and technological modernisation,
HAVE AGREED AS FOLLOWS:
Body
Article 1.
1. An association is hereby established between the Community and its Member States, of the one part, and Tunisia, of the other part.
2. The aims of this Agreement are to:
- provide an appropriate framework for political dialogue between the Parties, allowing the development of close relations in all areas they consider relevant to such dialogue,
- establish the conditions for the gradual liberalisation of trade in goods, services and capital,
- promote trade and the expansion of harmonious economic and social relations between the Parties, notably through dialogue and cooperation, so as to foster the development and prosperity of Tunisia and its people,
- encourage integration of the Maghreb countries by promoting trade and cooperation between Tunisia and other countries of the region,
- promote economic, social, cultural and financial cooperation.
Article 2.
Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles which guide their domestic and international policies and constitute an essential element of the Agreement.
Title I. POLITICAL DIALOGUE
Article 3.
1. A regular political dialogue shall be established between the Parties. It shall help build lasting links of solidarity between the partners which will contribute to the prosperity, stability and security of the Mediterranean region and bring about a climate of understanding and tolerance between cultures.
2. Political dialogue and cooperation are intended in particular to:
(a) facilitate rapprochement between the Parties through the development of better mutual understanding and regular coordination on international issues of common interest;
(b) enable each Party to consider the position and interests of the other;
(c) contribute to consolidating security and stability in the Mediterranean region and in the Maghreb in particular;
(d) help develop joint initiatives.
Article 4.
Political dialogue shall cover all issues of common interest to the Parties, in particular the conditions required to ensure peace, security and regional development through support for cooperation, notably within the Maghreb group of countries.
Article 5.
Political dialogue shall be established at regular intervals and whenever necessary notably:
(a) at ministerial level, principally within the Association Council;
(b) at the level of senior officials representing Tunisia, on the one hand, and the Council Presidency and the Commission on the other;
(c) taking full advantage of all diplomatic channels including regular briefings, consultations on the occasion of international meetings and contacts between diplomatic representatives in third countries;
(d) where appropriate, by any other means which would make a useful contribution to consolidating dialogue and increasing its effectiveness.
Article 6.
The Community and Tunisia shall gradually establish a free trade area over a transitional period lasting a maximum of 12 years starting from the date of the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the General Agreement on Tariffs and Trade 1994 and the other multilateral Agreements on trade in goods annexed to the Agreement establishing the WTO, hereinafter referred to as the GATT.
Chapter I. Industrial Products
Article 7.
The provisions of this Chapter shall apply to products originating in the Community and Tunisia with the exception of the products referred to in Annex II to the Treaty establishing the European Community.
Article 8.
No new customs duties on imports nor charges having equivalent effect shall be introduced in trade between the Community and Tunisia.
Article 9.
Products originating in Tunisia shall be imported into the Community free of customs duties and charges having equivalent effect and without quantitative restrictions or measures having equivalent effect.
Article 10.
1. The provisions of this Chapter shall not preclude the retention by the Community of an agricultural component on imports of the goods originating in Tunisia listed in Annex 1. The agricultural component shall reflect differences between the price on the Community market of the agricultural products considered as being used in the production of such goods and the price of imports from third countries where the total cost of the said basic products is higher in the Community. The agricultural component may take the form of a fixed amount or an ad valorem duty. Such differences shall be replaced, where appropriate, by specific duties based on tariffication of the agricultural component or by ad valorem duties. The provisions of Chapter 2 applicable to agricultural products shall apply mutatis mutandis to the agricultural component.
2. The provisions of this Chapter shall not preclude the separate specification by Tunisia of an agricultural component in the import duties in force on the products listed in Annex 2 originating in the Community. The agricultural component may take the form of a fixed amount or an ad valorem duty. The provisions of Chapter 2 applicable to agricultural products shall apply mutatis mutandis to the agricultural component.
3. In the case of the products shown in Annex 2, list 1, originating in the Community, Tunisia shall apply upon the entry into force of this Agreement import duties and charges having equivalent effect no greater than those in force on 1 January 1995, within the limits of the tariff quotas shown in that list. During elimination of the industrial component of the duties pursuant to paragraph 4, the level of the duties to be applied in respect of the products for which the tariff quotas are to be abolished may not be higher than the level of the duties in force on 1 January 1995.
4. In the case of the products in Annex 2, list 2, originating in the Community, Tunisia shall eliminate the industrial component of the duties in accordance with the provisions laid down in Article 11 (3) of the Agreement in respect of products in Annex 4. In the case of the products in Annex 2, lists 1 and 3, originating in the Community, Tunisia shall eliminate the industrial component of the duties in accordance with the provisions laid down in Article 11 (3) of the Agreement in respect of products in Annex 5.
5. The agricultural components applied pursuant to paragraphs 1 and 2 may be reduced where, in trade between the Community and Tunisia, the charge applicable to a basic agricultural product is reduced or where such reductions are the result of mutual concessions relating to processed agricultural products.
6. The reduction referred to in paragraph 5, the list of products concerned and, where appropriate, the tariff quotas within which the reduction applies shall be established by the Association Council.
Article 11.
1. Customs duties and charges having equivalent effect applicable on import into Tunisia of products originating in the Community other than those listed in Annexes 3 to 6 shall be abolished upon the entry into force of this Agreement.
2. Customs duties and charges having equivalent effect applicable on import into Tunisia of the products originating in the Community listed in Annex 3 shall be progressively abolished in accordance with the following timetable:
On the date of entry into force of this Agreement each duty and charge shall be reduced to 85 % of the basic duty;
One year after the date of entry into force of this Agreement each duty and charge shall be reduced to 70 % of the basic duty;
Two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 55 % of the basic duty;
Three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 40 % of the basic duty;
Four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 25 % of the basic duty;
Five years after the date of entry into force of this Agreement the remaining duties shall be abolished.
3. Customs duties and charges having equivalent effect applicable on import into Tunisia of the products originating in the Community listed in Annexes 4 and 5 shall be progressively abolished in accordance with the following timetables:
In the case of the list appearing in Annex 4:
On the date of entry into force of this Agreement each duty and charge shall be reduced to 92 % of the basic duty;
One year after the date of entry into force of this Agreement each duty and charge shall be reduced to 84 % of the basic duty;
Two years after the date of entry into force of this Agreement each duty and charge shall be reduced to 76 % of the basic duty;
Three years after the date of entry into force of this Agreement each duty and charge shall be reduced to 68 % of the basic duty;
Four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 60 % of the basic duty;
Five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 52 % of the basic duty;
Six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 44 % of the basic duty;
Seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 36 % of the basic duty;
Eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 28 % of the basic duty;
Nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 20 % of the basic duty;
Ten years after the date of entry into force of this Agreement each duty and charge shall be reduced to 12 % of the basic duty;
Eleven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 4 % of the basic duty;
Twelve years after the date of entry into force of this Agreement the remaining duties shall be abolished.
In the case of the list appearing in Annex 5:
Four years after the date of entry into force of this Agreement each duty and charge shall be reduced to 88 % of the basic duty;
Five years after the date of entry into force of this Agreement each duty and charge shall be reduced to 77 % of the basic duty;
Six years after the date of entry into force of this Agreement each duty and charge shall be reduced to 66 % of the basic duty;
Seven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 55 % of the basic duty;
Eight years after the date of entry into force of this Agreement each duty and charge shall be reduced to 44 % of the basic duty;
Nine years after the date of entry into force of this Agreement each duty and charge shall be reduced to 33 % of the basic duty;
Ten years after the date of entry into force of this Agreement each duty and charge shall be reduced to 22 % of the basic duty;
Eleven years after the date of entry into force of this Agreement each duty and charge shall be reduced to 11 % of the basic duty;
Twelve years after the date of entry into force of this Agreement the remaining duties shall be abolished.
4. In the event of serious difficulties for a given product, the relevant timetables in accordance with paragraph 3 may be reviewed by the Association Committee by common accord on the understanding that the schedule for which the review has been requested may not be extended in respect of the product concerned beyond the maximum transitional period of 12 years. If the Association Committee has not taken a decision within thirty days of its application to review the timetable, Tunisia may suspend the timetable provisionally for a period which may not exceed one year.
5. For each product the basic duty to which the successive reductions laid down in paragraphs 2 and 3 are to be applied shall be that actually applied vis-à-vis the Community on 1 January 1995.
6. If, after 1 January 1995, any tariff reduction is applied on an erga omnes basis, the reduced duties shall replace the basic duties referred to in paragraph 5 as from the date when such reductions are applied.
7. Tunisia shall communicate its basic duties to the Community.
Article 12.
The provisions of Articles 10, 11 and 19(b) shall not apply to products in the list appearing in Annex 6. The arrangements to be applied to such products shall be re-examined by the Association Council four years after the Agreement's entry into force.
Article 13.
The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.
Article 14.
1. Exceptional measures of limited duration which derogate from the provisions of Article 11 may be taken by Tunisia in the form of an increase or reintroduction of customs duties.
These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce major social problems.
Customs duties on imports applicable in Tunisia to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15% of total imports of industrial products from the Community during the last year for which statistics are available.
These measures shall be applied for a period not exceeding five years unless a longer duration is authorised by the Association Committee. They shall cease to apply at the latest on the expiry of the maximum transitional period of twelve years.
No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having equivalent effect concerning that product.
Tunisia shall inform the Association Committee of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held on such measures and the sectors to which they apply before they are implemented. When taking such measures Tunisia shall provide the Committee with a timetable for the elimination of the customs duties introduced under this Article. This timetable shall provide for a phasing-out of these duties in equal annual instalments starting at the latest two years after their introduction. The Association Committee may decide on a different timetable.
2. By way of derogation from the fourth subparagraph of paragraph 1, the Association Committee may exceptionally, in order to take account of the difficulties involved in setting up a new industry, authorise Tunisia to maintain the measures already taken pursuant to paragraph 1 for a maximum period of three years beyond the twelve-year transitional period.
Chapter II. Agricultural and Fishery Products
Article 15.
The provisions of this Chapter shall apply to the products originating in the Community and Tunisia listed in Annex II to the Treaty establishing the European Community.
Article 16.
The Community and Tunisia shall gradually implement greater liberalisation of their reciprocal trade in agricultural and fishery products.
Article 17.
1. Agricultural and fishery products originating in Tunisia shall benefit on import into the Community from the provisions set out in Protocols Nos 1 and 2 respectively.
2. Agricultural products originating in the Community shall benefit on import into Tunisia from the provisions set out in Protocol No 3.
Article 18.
1. From 1 January 2000 the Community and Tunisia shall assess the situation with a view to determining the liberalisation measures to be applied by the Community and Tunisia with effect from 1 January 2001 in accordance with the objective set out in Article 16.
2. Without prejudice to the provisions of the preceding paragraph and taking account of the patterns of trade in agricultural products between the Parties and the particular sensitivity of such products, the Community and Tunisia will examine on a regular basis in the Association Council, product by product and on a reciprocal basis, the possibilities of granting each other further concessions.
Chapter III. Common Provisions
Article 19.
Without prejudice to the provisions of the GATT:
(a) no new quantitative restriction on imports or measure having equivalent effect shall be introduced in trade between the Community and Tunisia;
(b) quantitative restrictions on imports and measures having equivalent effect in trade between Tunisia and the Community shall be abolished upon the entry into force of this Agreement;
(c) the Community and Tunisia shall apply to the other's exports customs neither duties or charges having equivalent effect nor quantitative restrictions or measures of equivalent effect.
Article 20.
1. Should specific rules be introduced as a result of implementation of their agricultural policies or modification of their existing rules, or should the provisions on the implementation of their agricultural policies be modified or developed, the Community and Tunisia may modify the arrangements laid down in the Agreement in respect of the products concerned. The Party carrying out such modification shall inform the Association Committee thereof. At the request of the other Party, the Association Committee shall meet to take appropriate account of that Party's interests.