Nothing in the Agreement shall prevent a Contracting Party from taking any measures:
(a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests;
(b) which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;
(c) which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.
Article 88.
1. In the fields covered by this Agreement, and without prejudice to any special provisions contained therein:
- the arrangements applied by the Republic of Tunisia in respect of the Community shall not give rise to any discrimination between the Member States, their nationals, or their companies or firms,
- the arrangements applied by the Community in respect of the Republic of Tunisia shall not give rise to any discrimination between Tunisian nationals or its companies or firms.
Article 89.
Nothing in the Agreement shall have the effect of:
- extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound,
- preventing the adoption or application by either Party of any measure aimed at preventing fraud or the evasion of taxes,
- opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in an identical situation as regards their place of residence.
Article 90.
1. The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement. They shall see to it that the objectives set out in the Agreement are attained.
2. If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures. Before so doing, except in cases of special urgency, it shall supply the Association Council with all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties. In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests.
Article 91.
Protocols Nos 1 to 5, Annexes 1 to 7 and the declarations shall form an integral part of the Agreement.
Article 92.
For the purposes of this Agreement, 'Parties` shall mean, on the one hand, the Community or the Member States, or the Community and its Member States, in accordance with their respective powers, and, on the other hand, Tunisia.
Article 93.
This Agreement shall be concluded for an unlimited period. Either Party may denounce this Agreement by notifying the other Party. The Agreement shall cease to apply six months after the date of such notification.
Article 94.
This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community and the European Coal And Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand to the territory of the Republic of Tunisia.
Article 95.
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.
Article 96.
1. The Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.
2. Upon its entry into force, the Agreement shall replace the Cooperation Agreement between the European Community and the Republic of Tunisia and the Agreement between the Member States of the European Coal and Steel Community and the Republic of Tunisia, signed in Tunis on 25 April 1976.
Conclusion
Done at Brussels on the seventeenth day of July in the year one thousand nine hundred and ninety-five.
FOR THE KINGDOM OF BELGIUM,
This signature also commits the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
FOR THE KINGDOM OF DENMARK,
FOR THE FEDERAL REPUBLIC OF GERMANY,
FOR THE HELLENIC REPUBLIC,
FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR IRELAND,
FOR THE ITALIAN REPUBLIC,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE PORTUGUESE REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
FOR THE EUROPEAN COMMUNITIES
FOR THE REPUBLIC OF TUNISIA