21972A1219(02)

Protocol laying down certain provisions relating to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the Accession of new Member States to the European Economic Community - Final Act - Joint Declaration - Declaration by the Community

Official Journal L 133 , 21/05/1973 P. 0088 - 0099

Greek special edition: Chapter 11 Volume 5 P. 0090

Spanish special edition: Chapter 11 Volume 4 P. 0004

Portuguese special edition Chapter 11 Volume 4 P. 0004

PROTOCOL laying down certain provisions relating to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the Accession of new Member States to the European Economic Community

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part,

THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,

of the other part,

HAVE DECIDED to determine by mutual agreement certain transitional measures and adaptations to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus signed at Brussels the nineteenth day of December one thousand nine hundred and seventy-two, which are necessary consequent on the Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland to the European Economic Community, and to this end have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN COMMUNITIES:

Mr W.K.N. SCHMELZER,

President of the Council of the European Communities,

Minister for Foreign Affairs of the Netherlands;

Mr Sicco L. MANSHOLT,

President of the Commission of the European Communities;

THE GOVERNMENT OF THE REPUBLIC OF CYPRUS:

Mr John Cl. CHRISTOPHIDES,

Minister for Foreign Affairs;

Mr Titos PHANOS,

Ambassador,

Head of the Cypriot Mission to the European Communities;

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

TITLE I Measures of adaptation

Article 1

The text of the Agreement and the declarations annexed to the Final Act drawn up in Danish and annexed to this Protocol are authentic in the same way as the original texts.

Article 2

The annual tariff quotas for the Republic of Cyprus in application of Article 2 of Annex I to the Agreement and of the Joint Declaration thereon by the contracting parties shall be increased as follows: >PIC FILE= "T0004256">

TITLE II Transitional measures

Article 3

The Kingdom of Denmark shall apply in respect of the Republic of Cyprus the reductions in customs duties and charges having equivalent effect provided for in Articles 1, 2, 3, 4, 5, 6 and 7 of Annex I to the Agreement and at rates shown therein.

However, the duties thus reduced may in no case be lower than those applied by the Kingdom of Denmark in respect of the Community as originally constituted.

Article 4

1. Ireland and the United Kingdom shall apply to imports originating in Cyprus the customs duties and rules of origin applied in respect of the Republic of Cyprus at the time of entry into force of the Protocol.

This provision shall apply until 30 June 1977.

2. Products originating in Cyprus in respect of which the rates of customs duties and charges having equivalent effect, reduced in accordance with Articles 1, 2, 3, 4, 5, 6 and 7 of Annex I to the Agreement and calculated in accordance with Article 5, are lower than the customs duties and charges having equivalent effect applied by Ireland and the United Kingdom in respect of the Republic of Cyprus at the time of entry into force of the Protocol may be imported into Ireland and the United Kingdom at the reduced rates of customs duties and charges having equivalent effect set out in the Agreement and under the rules of origin appropriate thereto.

However, the duties thus reduced may in no case be lower than those applied by Ireland and the United Kingdom in respect of the Community as originally constituted.

3. Should the progressive alignment of the Irish and United Kingdom tariffs on the Common Customs Tariff result in the application by Ireland and the United Kingdom as regards Cyprus of customs duties lower than those applied in respect of that State at the time the Protocol enters into force, the first-mentioned customs duties shall be applied.

Article 5

1. The rates on the basis of which the new Member States apply to the Republic of Cyprus the reductions provided for in Articles 3 and 4 (2) shall be those which they apply at the time in respect of third countries.

2. By way of derogation from the provisions of Articles 3 and 4 (2), should the application of these provisions temporarily result in tariff movements away from alignment on the final duty, the new Member States may maintain their duties until the level of these duties has been reached on the occasion of a subsequent alignment, or they may apply the duty resulting from a subsequent alignment as soon as this alignment reaches or passes the said level.

Article 6

Subject to the effect to be given by the Community to Article 39 (5) of the Act concerning the Conditions of Accession and the Adjustments to the Treaties, annexed to the Treaty of Accession, as regards the specific duties or the specific part of the mixed duties of the customs tariffs of Ireland and the United Kingdom, the provisions of Articles 4 and 5 shall be applied by rounding to the fourth place of decimals.

Article 7

Where, for the products listed in Annex I to the Agreement, the new Member States apply duties comprising protective and fiscal elements, only the protective elements of those duties, within the meaning of Article 38 of the Act concerning the Conditions of Accession and the Adjustments to the Treaties, shall be aligned on the preferential duties set out in that Annex and reduced as provided in Articles 3, 4 and 5.

Article 8

1. The minimum price provided for in Article 5 of Annex I to the Agreement shall be calculated in the new Member States by reference to the incidence of the duties which these Member States apply at the time to third countries.

2. The levies, variable components and fixed components, referred to in Annex I to the Agreement shall be calculated in these States by reference to the rates they apply to third countries at the time.

Article 9

The arrangements which the Kingdom of Denmark applies in respect of the Republic of Cyprus, in application of Article 9 of Annex I to the Agreement, may under no circumstances be more favourable than those which it applies in respect of the Community as originally constituted.

Article 10

1. Ireland and the United Kingdom shall apply to imports originating in Cyprus the quantitative restrictions in force in respect of Cyprus at the time of entry into force of this Protocol.

This provision shall apply until 30 June 1977.

2. The arrangements which Ireland and the United Kingdom apply in respect of the Republic of Cyprus may not be less favourable than those provided for in Article 9 of Annex I to the Agreement.

3. However, the quantitative restrictions in force in Ireland which are referred to in Protocols Nos 6 and 7 of the Act concerning the Conditions of Accession and the Adjustments to the Treaties shall be abolished as regards the Republic of Cyprus in accordance with procedures to be determined, account being taken of the provisions of the abovementioned Protocols.

Article 11

Until 31 December 1974, imports into the United Kingdom of the products listed in Annex A and originating in Cyprus may be limited to the following annual quotas: - 1973 : 100 metric tons,

- 1974 : 125 metric tons.

Article 12

The rules applicable under the common agricultural policy to imports of "Cyprus sherry" into the Community are set out in the exchange of letters at Annex B.

Article 13

During the period from 1 January 1974 to 30 June 1977, the Republic of Cyprus shall be entitled to annual tariff quotas, free of customs duties, in respect of imports into the United Kingdom of the following products originating in Cyprus: >PIC FILE= "T0004257">

The annual tariff quota takes into account the traditional United Kingdom imports from Cyprus.

Article 14

The Republic of Cyprus shall apply in respect of the Kingdom of Denmark the reductions in customs duties and charges having equivalent effect provided for in Articles 1, 2, 3 and 4 of Annex II to the Agreement at the rates and in accordance with the timetable set out therein.

Article 15

1. The Republic of Cyprus shall continue to apply to imports originating in Ireland and the United Kingdom the tariff and rules of origin applied prior to the Agreement, without prejudice to the protective clauses of that Agreement.

This provision shall apply until 30 June 1977.

2. Products originating in Ireland and the United Kingdom in respect of which the rates of customs duties and charges having equivalent effect, reduced in accordance with Article 1 of Annex II to the Agreement, are lower than the customs duties and charges having equivalent effect applied by Cyprus at the time of entry into force of this Protocol may be imported into the Republic of Cyprus at the reduced rates of customs duties and charges having equivalent effect in accordance with the timetable set out in the Agreement and under the rules of origin appropriate thereto.

Article 16

1. Until 1 January 1976 as regards the application of Article 1 (1) of the Protocol on the definition of the concept of "originating products" and on methods of administrative cooperation, the condition as regards sufficient working or processing, within the meaning of Article 3 thereof, shall be waived only in respect of products originating, within the meaning of that Protocol, in Cyprus or in the Member States to which Cyprus applies a treatment not less favourable than that applied to products wholly obtained or produced in the exporting Member States where the products were obtained or produced.

During the same period, as regards the application of Article 1 (2) (b) of the abovementioned Protocol, this condition shall be waived only in respect of products originating, within the meaning of that Protocol, in the Member State of destination or in other Member States to which the Member State of destination applies a treatment not less favourable than that applied to products wholly obtained or produced in Cyprus.

2. The amendments to the provisions of the Protocol on the definition of the concept of "originating products" and on methods of administrative cooperation are listed in Annex C.

TITLE III Final provisions

Article 17

This Protocol including Annexes A, B and C thereto form an integral part of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus.

Article 18

This Protocol shall enter into force on the first day of the month following the date on which the contracting parties notify each other of the completion of the procedures necessary to that end.

Article 19

This Protocol is drawn up in two copies in the Danish, Dutch, English, French, German and Italian languages, each of these texts being authentic.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne Protokol.

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

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

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

Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Protocol hebben gesteld.

In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below this Protocol.

Udfærdiget i Bruxelles, den nittende december nitten hundrede og tooghalvfjerds.

Geschehen zu Brüssel am neunzehnten Dezember neunzehnhundertzweiundsiebzig.

Fait à Bruxelles, le dix-neuf décembre mil neuf cent soixante-douze.

Fatto a Bruxelles, addì diciannove dicembre millenovecentosettantadue.

Gedaan te Brussel, de negentiende december negentienhonderdtweeënzeventig.

Done at Brussels on this nineteenth day of December in the year one thousand nine hundred and seventy-two.

For Rådet for De europæiske Fællesskaber

Im Namen des Rates der Europäischen Gemeinschaften

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad der Europese Gemeenschappen

For the Council of the European Communities >PIC FILE= "T0004258">

For regeringen for republikken Cypern

Im Namen der Regierung der Republik Zypern

Pour le gouvernement de la république de Chypre

Per il governo della Repubblica di Cipro

Voor de Regering van de Republiek Cyprus

For the Government of the Republic of Cyprus >PIC FILE= "T0004259">

ANNEX A concerning Article 11

>PIC FILE= "T0004260">

ANNEX B Exchange of letters concerning Article 12

Brussels, 19 December 1972

Your Excellency,

Concerning the implementation of the provisions of Article 12 of the Protocol, I have the honour to place the following on record: 1. The Government of Cyprus undertakes to adopt before 1 September 1973 vine-products regulations corresponding to those of the Community which will enable it to examine the classification of the wine known as "Cyprus sherry". The Government of Cyprus undertakes also to make the said regulations applicable from 1 January 1975.

2. The Community, for its part, undertakes to examine, on the basis of the agreed provisions mentioned above and within the same time limits, the question of the classification of the wine known as "Cyprus sherry".

It also undertakes that the following measures will be taken for the marketing of this wine in Ireland and the United Kingdom: - suspension, while the abovementioned provisions are being implemented, ie until 1 January 1975, of the countervailing charges to which imports of this wine are subject, in respect of an annual of 200 000 hectolitres,

- appropriate extension of this suspension measure to the marketing of wines of the 1974 harvest.

I shall be obliged if you will confirm your agreement with the contents of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

H. SIGRIST

Director-General

His Excellency Mr PHANOS

Head of the Mission of the Republic of Cyprus to the European Communities Brussels, 19 December 1972

Mr Director-General,

I have the honour to acknowledge receipt of your letter of today, the contents of which are as follows:

"Concerning the implementation of the provisions of Article 12 of the Protocol, I have the honour to place the following on record: 1. The Government of Cyprus undertakes to adopt before 1 September 1973 vine-products regulations corresponding to those of the Community which enable it to examine the classification of the wine known as "Cyprus sherry". The Government of Cyprus undertakes also to make such regulations applicable from 1 January 1975.

2. The Community, for its parts, undertakes to examine, on the basis of the agreed provisions mentioned above and within the same time limits, the question of the classification of the wine known as "Cyprus sherry".

- appropriate extension of this suspension measure to the marketing of wines of the 1974 harvest.

I shall be obliged if you will confirm your agreement with the contents of this letter.

Please accept, Your Excellency, the assurance of my highest consideration."

I have the honour to confirm the agreement of my Government with the contents of this letter.

Please accept, Mr Director-General, the assurance of my highest consideration.

T. PHANOS

Ambassador

Mr H. SIGRIST

Director-General of External Relations

Commission of the European Communities

Brussels

ANNEX C concerning Article 16 (2)

1. The following text is added under section I "Goods for which a movement certificate A.CY.1 may be endorsed" appearing on the back of the certificate, and under section I "Goods for which a form A.CY.2 may be made out" appearing on the back of Panel 2 of the form:

"These provisions shall be valid subject to the transitional measures and adaptations in the Protocol laying down certain provisions relating to the Agreement."

2. Movement certificates A.CY.1 and forms A.CY.2 which are based on the forms annexed to the Protocol on the definition of the concept of "originating products" and on methods of administrative cooperation may be endorsed by the customs authorities of the exporting State and used under the conditions laid down by that Protocol.

FINAL ACT

The Plenipotentiaries of

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part, and

THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,

of the other part,

meeting at Brussels on the nineteenth day of December one thousand nine hundred and seventy-two

for the signature of the Protocol laying down certain provisions relating to the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus consequent on the Accession of new Member States to the European Economic Community,

have, in signing this Protocol, - adopted the following joint Declarations by the Contracting Parties: 1. Joint Declaration concerning Article 2 of the Protocol

2. Joint Declaration concerning Article 4 of the Protocol

- and taken note of the following Declaration:

Declaration by the European Economic Community on the regional application of certain provisions of the Agreement.

The Plenipotentiaries have agreed that these Declarations shall be subjected in the same manner as for the Protocol to any procedures that may be necessary to ensure their validity.

Til bekræftelse heraf har undertegnede befuldmægtigede underskrevet denne Slutakt.

Zu Urkund dessen haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diese Schlußakte gesetzt.

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

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

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

In witness whereof, the undersigned Plenipotentiaries have affixed their signatures below the Final Act.

Udfærdiget i Bruxelles, den nittende december nitten hundrede og tooghalvfjerds.

Geschehen zu Brüssel am neunzehnten Dezember neunzehnhundertzweiundsiebzig.

Fait à Bruxelles, le dix-neuf décembre mil neuf cent soixante-douze.

Fatto a Bruxelles, addì diciannove dicembre millenovecentosettantadue.

Gedaan te Brussel, de negentiende december negentienhonderdtweeënzeventig.

Done at Brussels on this nineteenth day of December in the year one thousand nine hundred and seventy-two.

For Rådet for De europæiske Fællesskaber

Im Namen des Rates der Europäischen Gemeinschaften

Pour le Conseil des Communautés européennes

Per il Consiglio delle Comunità europee

Voor de Raad der Europese Gemeenschappen

For the Council of the European Communities >PIC FILE= "T0004261">

For regeringen for republikken Cypern

Im Namen der Regierung der Republik Zypern

Pour le gouvernement de la république de Chypre

Per il governo della Repubblica di Cipro

Voor de Regering van de Republiek Cyprus

For the Government of the Republic of Cyprus >PIC FILE= "T0004262">