Official Journal L 346 , 31/12/2003 P. 0067 - 0087 

 

Dates:

of document:   22/12/2003

of effect:   01/01/2004; Implementation See Text

of effect:   23/12/2003; Entry into force See 22004X0203(01)

of signature:   22122003; Brussels

end of validity:   99/99/9999

 

Author:

European Community

 

Subject matter: Association ; External relations

Directory code: 11402000

EUROVOC descriptor: EC association agreement ; Israel ;

liberalisation of trade ; import ; agricultural product ;

originating product ; EU country

 

Legal basis:

102E133................... Adoption

102E300-P2FR1............. Adoption

Amendment to:

200A0621(01)...... Amendment..... Replacement PROT 1 from 01/01/2004

200A0621(01)...... Amendment..... Replacement PROT 2 from 01/01/2004

Subsequent related instruments:

Adopted by.... 303D0917..........

Relation...... 204X0203(01)......

 

 

 

 

Agreement in the form of an Exchange of Letters

between the European Community and the State of Israel concerning

reciprocal liberalisation measures and the replacement of Protocols

1 and 2 to the EC-Israel Association Agreement

 

A. Letter from the European Community

Sir,

I have the honour of referring to the negotiations which took place

under Article 11 of the Euro-Mediterranean Agreement establishing an

association between the European Communities and their Member

States, of the one part, and the State of Israel, of the other part

(Association Agreement), in force since 1 June 2000, which states

that the Community and the State of Israel shall progressively

establish greater liberalisation of their trade in agricultural

products of interest to both parties.

These negotiations were held in accordance with the provisions of

Article 11, which stipulates that, from 1 January 2000, the

Community and Israel shall examine the situation in order to

determine the measures to be applied by the Community and Israel

from 1 January 2001 in accordance with the objective of progressive

greater liberalisation in agriculture.

On the conclusion of the negotiations the two Parties agreed to the

following:

1. Protocols 1 and 2 to the Association Agreement and their annexes

shall be replaced by Protocols 1 and 2 and their annexes appearing

in Annex I and II to this Exchange of Letters.

2. The Exchange of Letters between the European Community (the

Community) and Israel relating to Protocol 1 and concerning imports

into the Community of fresh cut flowers and flower buds falling

within subheading 0603 10 of the Common Customs Tariff is hereby

repealed.

3. The Joint Declaration on live plants and floriculture and

horticulture products, appearing in Annex III to this Exchange of

Letters, shall be inserted in the Association Agreement.

4. With regard to edible oils falling within HS heading 1507, 1512

and 1514, Israel will start the necessary internal legislative

procedures in order to extend the Community's preferences to the

percentage which will be decided by the Knesset as a result of its

ongoing discussions.

5. From 1 January 2007 the Community and the State of Israel will

assess the situation with a view to determining the liberalisation

measures to be applied by the Community and the State of Israel from

1 January 2008, in accordance with the objective laid down in

Article 11 of the Association Agreement.

The provisions of this Agreement shall be applicable from 1 January

2004.

I would be grateful if you could confirm the agreement of your

Government to the above.

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

 

On behalf of the Council of the European Union

B. Letter from the State of Israel

Sir,

I have the honour to acknowledge receipt of your letter of today's

date, worded as follows:

"I have the honour of referring to the negotiations which took place

under Article 11 of the Euro-Mediterranean Agreement establishing an

association between the European Communities and their Member

States, of the one part, and the State of Israel, of the other part

(Association Agreement), in force since 1 June 2000, which states

that the Community and the State of Israel shall progressively

establish greater liberalisation of their trade in agricultural

products of interest to both parties.

These negotiations were held in accordance with the provisions of

Article 11, which stipulates that, from 1 January 2000, the

Community and Israel shall examine the situation in order to

determine the measures to be applied by the Community and Israel

from 1 January 2001 in accordance with the objective of progressive

greater liberalisation in agriculture.

On the conclusion of the negotiations the two Parties agreed to the

following:

1. Protocols 1 and 2 to the Association Agreement and their annexes

shall be replaced by the Protocols 1 and 2 and their annexes,

appearing in Annex I and II to this Exchange of Letters.

2. The Exchange of Letters between the European Community (the

Community) and Israel relating to Protocol 1 and concerning imports

into the Community of fresh cut flowers and flower buds falling

within subheading 0603 10 of the Common Customs Tariff is hereby

repealed.

3. The Joint Declaration on live plants and floriculture and

horticulture products, appearing in Annex III to this Exchange of

Letters, shall be inserted in the Association Agreement.

4. With regard to edible oils falling within HS heading 1507, 1512

and 1514, Israel will start the necessary internal legislative

procedures in order to extend the Community's preferences to the

percentage which will be decided by the Knesset as a result of its

ongoing discussions.

5. From 1 January 2007 the Community and the State of Israel will

assess the situation with a view to determining the liberalisation

measures to be applied by the Community and the State of Israel from

1 January 2008, in accordance with the objective laid down in

Article 11 of the Association Agreement.

The provisions of this Agreement shall be applicable from 1 January

2004.

I would be grateful if you could confirm the agreement of your

Government to the above."

The State of Israel has the honour of confirming its agreement with

the contents of this letter.

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

 

For the Government of the State of Israel

 

 

ANNEX I

 

 

 

 

PROTOCOL 1

concerning the arrangements applicable to imports into the Community

of agricultural products originating in Israel

 

1. The products listed in the Annex, originating in Israel shall be

admitted for importation into the Community, according to the

conditions contained hereafter and in the Annex.

2. (a) Customs duties are eliminated or reduced as indicated in

column "a".

(b) For certain products, for which the Common Customs Tariff

foresees the application of an ad valorem duty and a specific duty,

the rates of reduction, indicated in columns "a" and "c", only apply

to the ad valorem duty. However, for the products corresponding to

the CN codes 0207, 0404 10, 0709 90 60, 2204 21 and 2209, the duty

reductions also apply to the specific duty.

(c) For certain products, customs duties are eliminated within the

limit of the tariff quotas listed in column "b" for each of them.

(d) For the quantities imported in excess of the quotas, the common

customs duties are, according to the product concerned, applied in

full or reduced, as indicated in column "c".

3. For certain products, the exemption of customs duties is granted

in the framework of reference quantities as indicated in column "d".

Should the volume of imports of one of these products exceed the

reference quantity, the Community, having regard to an annual review

of trade flows which it shall carry out, may make the product in

question subject to a Community tariff quota, the volume of which

shall be equal to the reference quantity. In that case, for

quantities imported in excess of the quota, the common customs duty

is, according to the product concerned, applied in full or reduced

as indicated in column "c".

4. As indicated in column "e", for some products, for which neither

a quota nor a reference quantity is fixed, the Community may fix a

reference quantity as provided for in point 3 if, in the light of

the annual review of trade flows which it shall carry out, it

establishes that the volume of imports of a product or products

threatens to cause difficulties on the Community market. If

subsequently, the product is subject to a tariff quota under the

conditions set out in point 3, for quantities imported in excess of

the quota, the customs duty is, according to the product concerned,

applied in full or reduced, as indicated in column "c".

5. For the first year of application, the volumes of the tariff

quotas and the reference quantities shall be calculated as a pro

rata of the basic volumes, taking into account the part of the

period elapsed before the date of entry into force of this

agreement.

6. For all the products listed in the Annex, the tariff quota and

references quantity volumes are increased from 1 January 2004 to 1

January 2007, on the basis of four equal instalments, each

corresponding to 3 % of these volumes.

 

 

ANNEX TO PROTOCOL 1

 

 

>TABLE POSITION>

 

 

ANNEX II

 

 

 

 

PROTOCOL 2

concerning the arrangements applicable to imports into Israel of

agricultural products originating in the Community

 

1. The products listed in the Annex originating in the Community

shall be admitted for importation into Israel according to the

conditions contained herein and in the Annex.

2. Import duties on imports are either eliminated or reduced to the

level indicated in column "a", within the limit of the tariff quota

listed in column "b", and subject to the specific provisions

indicated in column "e".

3. For the quantities imported in excess of the tariff quotas, the

customs duties are, according to the product concerned, applied in

full or reduced, as indicated in column "c".

4. For certain products for which no tariff quota is fixed,

reference quantities are fixed as indicated in column "d".

Should the volume of imports of one of the products exceed the

reference quantity, Israel, having regard to an annual review of

trade flows which it shall carry out, may make the product in

question subject to a tariff quota, the volume of which shall be

equal to the reference quantity. In that case, for quantities

imported in excess of the quota, the duty referred to in point 3

shall apply.

5. For products for which neither a tariff quota nor a reference

quantity is fixed, Israel may fix a reference quantity as provided

for in point 4 if, in the light of the annual review of trade flows

which it shall carry out, it establishes that the volume of imports

of a product or products threatens to cause difficulties on the

Israeli market. If subsequently, the product is subjected to a

tariff quota under the conditions set out in point 4, the provisions

of point 3 shall apply.

6. For the first year of application, the volumes of the tariff

quotas and the reference quantities shall be calculated as a pro

rata of the basic volumes, taking into account the part of the

period elapsed before the date of entry into force of this

agreement.

7. For all the products listed in the Annex, the tariff quota and

reference quantity volumes are increased from 1 January 2004 to 1

January 2007, on the basis of four equal instalments, each

corresponding to 3 % of these volumes.

 

 

ANNEX TO PROTOCOL 2

 

 

>TABLE POSITION>

 

 

ANNEX III

 

 

 

 

JOINT DECLARATION

 

In order to promote and facilitate trade particularly in live

plants, floriculture and horticulture products, the contracting

parties hereby agree to take all measures necessary to ensure that

documentary, identity and plant health checks are carried out within

a timeframe that is compatible with and proportionate to the

sensitive nature of the products concerned.

Should any difficulties arise, the Commission and the Israeli

authorities shall hold immediate consultations in order to seek

appropriate solutions.