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Law Concerning Consent To The Euro-Mediterranean Agreement Establishing An Association Between The European Community And Its Member States, Of One Part, And The Republic Of Tunisia, On The Other Hand, Annexes 1 To 7, Protocols 1 To 5 And Final Act, Ma...

Original Language Title: Loi portant assentiment à l'Accord euro-méditerranéen établissant une association entre la Communauté européenne et ses Etats membres, d'une part, et la République tunisienne, d'autre part, Annexes 1 à 7, Protocoles 1 à 5, et Acte final, faits à Bruxelles

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13 AVRIL 1997. - An Act to assent to the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, on the one hand, and the Republic of Tunisia, on the other hand, Annexes 1 to 7, Protocols 1 to 5, and Final Act, made in Brussels on 17 July 1995 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers have adopted and We know the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, on the one hand, and the Tunisian Republic, on the other hand, Annexes 1 to 7, Protocols 1 to 5, and Final Act, made in Brussels on 17 July 1995, will come out their full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 April 1997.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) 1996-1997 session:
Senate
Documents. - Bill tabled on 14 November 1996, No. 1-469/1 - Report, No. 1-469/2. - Text adopted by commission, no. 1-469/3.
Annales parliamentarians. - Discussion, meeting of 23 January 1997. - Voting, meeting of 23 January 1997.
Room
Documents. - Project transmitted by the Senate, No. 897/1. - Report, no. 897/2.
Annales parlementaire . - Discussion, meeting of 12 March 1997. - Vote, meeting of 13 March 1997.
(2) See also the Decree of the French Community of 14 July 1997 (Moniteur belge du 14 janvier 1998, le Décret de la Communauté flamande du 15 juillet 1997 (Moniteur belge du 9 septembre 1997), le Décret de la Communauté germanophone du 30 juin 1997 (Moniteur belge du 14 janvier 1998), le Décret de la Région wallonne du 23 octobre 1997 (Moniteur belge du 30 octobre 1997), l'Ordonnance

Euro-Mediterranean Agreement establishing an association between the European Community and its member states, on the one hand, and the Tunisian Republic, on the other hand
The Kingdom of Belgium,
The Kingdom of Denmark,
The Federal Republic of Germany,
The Hellenic Republic,
The Kingdom of Spain,
La République française,
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 Suede,
The United Kingdom of Great Britain and Northern Ireland,
Contracting Parties to the Treaty establishing the European Community and to the Treaty establishing the European Coal and Steel Community, hereafter referred to as the "Member States", and
The European Community,
The European Community of Charcoal and Steel
hereafter called "Community", on the one hand, and
The Republic of Tunisia,
hereafter called "Tunisia", on the other hand,
Considering the importance of the traditional ties between the Community, its Member States and Tunisia and their common values;
Considering that the Community, the Member States and Tunisia wish to strengthen these links and establish lasting relations based on reciprocity, partnership and co-development;
Considering the importance that the parties attach to the principles of the Charter of the United Nations and, in particular, to respect for human rights and political and economic freedoms that form the very foundation of the association;
Considering the political and economic developments recorded in recent years on the European continent and in Tunisia;
Considering the important progress of Tunisia and the Tunisian people towards achieving their objectives of full integration of the Tunisian economy into the world economy and participation in the community of democratic States;
Aware of the importance of this agreement, based on cooperation and dialogue, for sustainable stability and security in the Euro-Mediterranean region;
Aware of the importance of relations within a global Euro-Mediterranean framework and, on the other hand, of the objective of integration between the Maghreb countries;
Taking into account the difference in the level of economic and social development between the Community and Tunisia and desiring to achieve the objectives of this association by the appropriate provisions of this agreement;
Desirous of establishing and developing a regular political dialogue on bilateral and international issues of common interest;
Taking into account the Community's willingness to provide Tunisia with significant support for its economic reform and adjustment efforts, as well as for social development;
Considering the option taken by the Community and Tunisia respectively for free trade in accordance with the rights and obligations under the General Agreement on Tariffs and Trade (GATT);
Desiring to establish cooperation, supported by regular dialogue, in the economic, social and cultural fields in order to achieve a better mutual understanding;
Convinced that this agreement will create a climate conducive to the development of their economic relations and, in particular, in the sectors of trade and investment that are critical to economic restructuring and technological modernization;
The following provisions have been agreed:
Article 1
1. It is established an association between the Community and its member states, on the one hand, and Tunisia, on the other.
2. The purpose of this Agreement is to:
- provide an appropriate framework for political dialogue between the parties in order to strengthen their relations in all areas that they consider relevant under such a dialogue;
- setting the conditions for the progressive liberalization of trade in goods, services and capital;
- to develop exchanges and ensure the development of balanced economic and social relations between the parties, through dialogue and cooperation in particular, in order to promote the development and prosperity of Tunisia and the Tunisian people;
- encourage Maghreb integration by promoting exchanges and cooperation between Tunisia and the countries of the region;
- promote cooperation in the economic, social, cultural and financial fields.
Article 2
Relations between the parties, as well as all the provisions of this Agreement, are based on respect for democratic principles and human rights that inspire their internal and international policies and constitute an essential element of the agreement.
TITLE I. - Political dialogue
Article 3
1. Regular political dialogue is being established between the parties. It allows for a lasting bond of solidarity between partners that will contribute to the prosperity, stability and security of the Mediterranean region and develop a climate of understanding and tolerance among cultures.
2. Political dialogue and cooperation include:
(a) Facilitating the rapprochement of the parties through the development of a better mutual understanding and through regular dialogue on international issues of mutual interest;
(b) allow each party to consider the position and interests of the other party;
(c) To work towards the consolidation of security and stability in the Mediterranean region and the Maghreb in particular;
(d) allow the development of joint initiatives.
Article 4
The political dialogue focuses on all subjects of common interest to the parties and, in particular, on the conditions to ensure peace, security and regional development by supporting cooperative efforts, particularly within the Maghreb.
Article 5
Political dialogue will be established on a regular basis and whenever necessary, including:
(a) at the ministerial level, mainly within the framework of the Association Council;
(b) at the level of senior officials representing Tunisia, on the one hand and the Presidency of the Council and the Commission, on the other;
(c) through the full use of diplomatic channels, including regular briefings, consultations at international meetings and contacts between diplomatic representatives in third countries;
(d) if necessary, through any other modality that may contribute to the intensification and effectiveness of this dialogue.
PART II. - Free movement of goods
Article 6
The Community and Tunisia shall gradually establish a free trade zone for a period of up to twelve years of transition from the date of entry into force of this Agreement in accordance with the following terms and conditions and in accordance with the provisions of the General Agreement on Tariffs and Trade of 1994 and other multilateral agreements on the trade of goods annexed to the WTO Agreement, referred to below as GATT.
CHAPTER I. - Industrial products
Article 7
The provisions of this chapter apply to products originating from the Community and Tunisia, other than those referred to in Annex II of the Treaty establishing the European Community.
Article 8
No new customs duty to import, nor equivalent effect tax is introduced in exchanges between the Community and Tunisia.
Article 9
Products originating from Tunisia are allowed to import into the Community for exemption from customs duties and equivalent effect taxes and without quantitative restrictions, or equivalent effect measures.
Article 10
1. The provisions of this chapter do not constitute an obstacle to the maintenance by the Community of an agricultural element for the importation of goods originating in Tunisia listed in Annex 1.
This agricultural element reflects the differences between prices on the Community market of agricultural products considered to be implemented in the production of these goods and the prices of imports from third countries, when the total cost of these commodities is higher in the Community. The agricultural element may take the form of a fixed amount or an ad valorem right. These deviations are replaced, if any, by specific rights, resulting from the pricing of the agricultural element or ad valorem rights.
The provisions of Chapter 2 applicable to agricultural products apply mutatis mutandis to the agricultural element.
2. The provisions of this chapter do not preclude the separation by Tunisia of an agricultural element in the rights in force to import the products listed in Annex 2, originating in the Community. The agricultural element may take the form of a fixed amount or an ad valorem right.
The provisions of Chapter 2 applicable to agricultural products apply mutatis mutandis to the agricultural element.
3. For products listed in List 1 of Schedule 2, originating from the Community, Tunisia applies to the entry into force of the import tariff agreement and effect taxes not greater than those in force on 1er January 1995 within the tariff quotas specified in the list.
During the elimination of the industrial element of rights, in accordance with the provisions of paragraph 4, the levels of tariffs to be applied for products for which tariff quotas will be abolished will not be greater than those in effect on 1er January 1995.
4. For the products of List 2 of Schedule 2, originating from the Community, Tunisia eliminates the industrial element of rights according to the provisions of Article 11 paragraph 3 of the Agreement for the Products of Annex 4.
For products from Lists 1 and 3 of Schedule 2, originating from the Community, Tunisia eliminates the industrial element of rights according to the provisions of Article 11 paragraph 3 of the Agreement for Products of Annex 5.
5. The agricultural elements applied in accordance with paragraphs 1 and 2 may be reduced when, in exchanges between the Community and Tunisia, the taxation applicable to a basic agricultural product is reduced or when these reductions result from mutual concessions relating to processed agricultural products.
6. The reduction referred to in paragraph 5, the list of products concerned and, where applicable, the tariff quotas, within which the reduction applies, are established by the Association Council.
Article 11
1. The customs duties and equivalent effect taxes applicable to the importation into Tunisia of goods originating in the Community other than those listed in Annexes 3 to 6 are deleted as soon as the agreement comes into force.
2. The customs duties and equivalent effect taxes applicable to the importation into Tunisia of goods originating in the Community listed in Schedule 3 are phased out according to the following schedule:
When the agreement comes into force, each fee and tax is reduced to 85% of the basic fee;
One year after the agreement comes into force, each fee and tax is reduced to 70% of the basic fee;
Two years after the agreement comes into force, each fee and tax is reduced to 55% of the basic fee;
Three years after the agreement comes into force, each fee and tax is reduced to 40% of the basic fee;
Four years after the agreement comes into force, each fee and tax is reduced to 25% of the basic fee;
Five years after the agreement comes into force, the remaining rights are eliminated.
3. The customs duties and equivalent effect taxes applicable to the importation into Tunisia of goods originating in the Community, which are listed in Annexes 4 and 5 are phased out, according to the following schedules:
For the list in Appendix 4:
When the agreement comes into force, each fee and tax is reduced to 92% of the basic fee;
One year after the agreement comes into force, each fee and tax is reduced to 84% of the basic fee;
Two years after the agreement comes into force, each fee and tax is reduced to 76% of the basic fee;
Three years after the agreement comes into force, each fee and tax is reduced to 68% of the basic fee;
Four years after the agreement comes into force, each fee and tax is reduced to 60% of the basic fee;
Five years after the agreement comes into force, each fee and tax is reduced to 52% of the basic fee;
Six years after the agreement comes into force, each fee and tax is reduced to 44% of the basic fee;
Seven years after the agreement comes into force, each fee and tax is reduced to 36% of the basic fee;
Eight years after the agreement comes into force, each fee and tax is reduced to 28% of the basic fee;
Nine years after the agreement comes into force, each fee and tax is reduced to 20% of the basic fee;
Ten years after the agreement comes into force, each fee and tax is reduced to 12% of the basic fee;
Eleven years after the agreement comes into force, each fee and tax is reduced to 4% of the basic fee;
Twelve years after the agreement comes into force, the remaining rights are eliminated.
For the list in Appendix 5:
Four years after the agreement comes into force, each fee and tax is reduced to 88% of the base rate;
Five years after the agreement comes into force, each fee and tax is reduced to 77% of the base rate;
Six years after the agreement comes into force, each fee and tax is reduced to 66% of the base rate;
Seven years after the agreement comes into force, each fee and tax is reduced to 55% of the base rate;
Eight years after the agreement comes into force, each fee and tax is reduced to 44% of the base rate;
Nine years after the agreement comes into force, each fee and tax is reduced to 33% of the base rate;
Ten years after the agreement comes into force, each fee and tax is reduced to 22% of the base rate;
Eleven years after the agreement comes into force, each fee and tax is reduced to 11% of the base rate;
Twelve years after the agreement comes into force, the remaining rights are eliminated.
4. In the event of serious difficulties for a given product, the schedules applicable in accordance with paragraph 3 may be revised by mutual agreement by the Association Committee on the understanding that the schedule for which the revision has been requested cannot be extended for the affected product beyond the maximum transitional period of twelve years. If the Committee has not taken a decision within thirty days of the notification of Tunisia ' s request to revise the schedule, it may suspend the schedule for a period not exceeding one year.
5. For each product, the basic right on which the successive reductions set out in paragraphs 2 and 3 shall be effected is constituted by the law effectively applied to the Community, 1er January 1995.
6. Yes, after 1er January 1995, a tariff reduction is applied erga omnes, the reduced fee supersedes the basic right referred to in paragraph 5 from the date the reduction is applied.
7. Tunisia communicates its basic rights to the Community.
Article 12
The provisions of sections 10, 11 and 19 (b) do not apply to the products of the list in Appendix 6. The regime applicable to these products will be reviewed by the Association Council four years after the agreement comes into force.
Article 13
Provisions for the removal of customs duties to import also apply to tax duty duties.
Article 14
1. Exceptional measures of limited duration that derogate from the provisions of Article 11 may be taken by Tunisia in the form of tariffs increased or restored.
These measures can only be applied to emerging industries or to certain sectors in restructuring or facing serious difficulties, especially when these difficulties lead to serious social problems.
Import tariffs applicable in Tunisia to products originating from the Community, introduced by these measures, cannot exceed 25% ad valorem and must maintain an element preferably for products originating from the Community. The total value of imports of products subject to these measures cannot exceed 15 per cent of the Community's total imports into industrial products in the last year for which statistics are available.
These measures are applied for a period not exceeding five years unless a longer period is authorized by the Association Committee. They cease to be applicable no later than the expiry of the maximum twelve-year transition period.
Such measures may not be introduced for a product if it has elapsed for more than three years since the elimination of all quantitative duties and restrictions or taxes or equivalent measures of effect on that product.
Tunisia informs the Association Committee of any exceptional measures it envisages to adopt and, at the request of the Community, consultations are held on such measures and areas that they aim to implement. In adopting such measures, Tunisia shall submit to the Committee the timetable for the elimination of customs duties introduced under this article. This schedule provides for the progressive elimination of these rights by equal annual instalments from the end of the second year after their introduction. The Association Committee may decide on a different schedule.
2. By derogation from the provisions of paragraph 1, 4th paragraph, the Association Committee may, in order to take into account the difficulties associated with the creation of a new industry, on an exceptional basis, authorize Tunisia to maintain the measures already taken under paragraph 1 for a maximum period of three years beyond the twelve-year transitional period.
CHAPTER II. - Agricultural products and fisheries products
Article 15
The provisions of this chapter apply to products originating from the Community and Tunisia, which are listed in Appendix II of the Treaty establishing the European Community.
Article 16
The Community and Tunisia are gradually implementing greater liberalization of their mutual trade in agricultural products and fisheries products.
Article 17
1. Agricultural products and fishing products originating in Tunisia benefit from the importation into the Community of the provisions listed in Protocols 1 and 2.
2. The agricultural products originating in the Community benefit from the import in Tunisia of the provisions in Protocol No. 3.
Article 18
1. From 1er January 2000 the Community and Tunisia will review the situation with a view to establishing the liberalization measures to be applied by the Community and Tunisia from 1er January 2001 in accordance with the objective set out in Article 16.
2. Without prejudice to the provisions set out in the above paragraph and taking into account the trade flows for agricultural products between the parties, as well as the particular sensitivity of these products, the Community and Tunisia will examine within the Association Council, produced by product, and on a reciprocal basis, the possibility of granting concessions in an appropriate manner.
CHAPTER III. - Common provisions
Article 19
Without prejudice to the provisions of the GATT:
(a) no new quantitative restrictions on import, nor equivalent measures of effect shall be introduced in exchanges between the Community and Tunisia;
(b) the quantitative restrictions and equivalent measures of effect applicable to import in the exchanges between Tunisia and the Community are removed from the entry into force of the agreement;
(c) the Community and Tunisia shall not apply between them for export or customs duties and equivalent effect tax, quantitative restrictions and equivalent measures of effect.
Rule 20
1. In the event of the establishment of a specific regulation as a consequence of the implementation of their agricultural policies or the modification of their existing regulations or in the event of the modification or development of the provisions concerning the implementation of their agricultural policies, the Community and Tunisia may modify, for the products that are the subject of the regulation, the regime provided for in the agreement.
This amendment shall inform the Association Committee. At the request of the other party, the Association Committee shall meet to take appropriate account of the interests of that party.
2. In the event that the Community or Tunisia, pursuant to the provisions of paragraph 1, amend the regime provided for in this Agreement for agricultural products, they agree, for imports originating from the other party, an advantage comparable to that provided for in this Agreement.
3. The modification of the plan under the agreement shall be subject, upon request of the other contracting party, to consultations within the Association Council.
Article 21
Products originating from Tunisia do not benefit from the importation into the Community of a more favourable regime than that which the Member States apply among themselves.
The provisions of this Agreement shall apply without prejudice to the provisions of Council Regulation EEC No. 1911/91 of 26 June 1991, concerning the application of the provisions of Community law in the Canary Islands.
Article 22
1. Both parties refrain from any domestic tax measure or practice that directly or indirectly discriminates between the products of either party and similar products originating in the other party.
2. Products exported to the territory of one of the parties may not benefit from indirect domestic tax returns greater than the indirect taxation of which they were directly or indirectly affected.
Article 23
1. The agreement is not an obstacle to the maintenance or establishment of customs unions, free trade zones or border traffic regimes, since they do not have the effect of modifying the trade regime provided for in the agreement.
2. The parties shall consult with the Association Committee with respect to agreements concerning the establishment of customs union or free trade zones and, where appropriate, for all important problems related to their respective policies of exchange with third countries. In particular in the event of the accession of a third country to the Community, such consultations shall take place to ensure that it is taken into account the mutual interests of the Community and Tunisia included in this Agreement.
Article 24
If one of the parties finds practices of dumping in its relations with the other party within the meaning of Article VI of the General Agreement on Tariffs and Trade, it may take appropriate measures against these practices, in accordance with the Agreement relating to the Implementation of Article VI of the General Agreement on Tariffs and Trade and its relevant domestic legislation and under the conditions and procedures provided for in Article 27.
Rule 25
When the increase in imports of a product occurs in quantities and under conditions such as it causes or may cause:
- a serious harm to national producers of similar or directly competitive products in the territory of any of the parties or
- serious disruptions in a sector of economic activity or difficulties that may result in the serious deterioration of a regional economic situation,
the Community or Tunisia may take appropriate measures under the conditions and procedures provided for in Article 27.
Rule 26
If compliance with the provisions of Article 19 (c) results in:
(i) the re-export to a third country of a product that is the subject of quantitative restrictions, export duty or equivalent measures or taxes in the exporting party or
(ii) a serious shortage, or a risk in that direction, of an essential product for the exporting party,
and where the situations described above cause or may cause major difficulties for the exporting party, the exporting party may take appropriate measures under the conditions and procedures set out in Article 27. Such measures should be non-discriminatory and should be eliminated when conditions no longer warrant their maintenance.
Rule 27
1. If the Community or Tunisia submits imports of products likely to cause difficulties to which Article 25 refers, to an administrative procedure intended to provide information on the evolution of trade flows promptly, it shall inform the other party.
2. In the cases referred to in articles 24, 25 and 26, before taking the measures provided for in the report or, as soon as possible, in the cases to which paragraph 3 (d) applies, the Community or Tunisia, as the case may be, shall provide the Association Committee with all relevant information to seek an acceptable solution for both parties.
Measures that bring the least disruption to the operation of the agreement must be chosen by priority.
The safeguard measures are immediately notified to the Association Committee by the party concerned and are subject to periodic consultations, including with a view to their deletion as soon as circumstances permit.
3. For the implementation of paragraph 2, the following provisions shall apply:
(a) With respect to section 24, the exporting party must be informed of the dumping case as soon as the authorities of the importing party commenced the investigation. If the dumping has not been terminated within the meaning of Article VI of the GATT or if no other satisfactory solution has been found within thirty days of the notification of the case, the importing party may adopt the appropriate measures.
(b) With respect to Article 25, the difficulties arising from the situation referred to in this Article shall be notified for consideration by the Association Committee, which may take any meaningful decision to terminate it.
If the Association Committee or the exporting party has not taken a decision to end the difficulties or has not been found a satisfactory solution within 30 days of the notification of the case, the importing party may adopt the appropriate measures to resolve the problem. Such measures should not exceed the necessary scope to address the difficulties that have arisen.
(c) With respect to Article 26, the difficulties arising from the situations referred to in the article are notified for consideration by the Association Committee.
The Association Committee may make any useful decision to end the difficulties. If a decision has not been made within 30 days of the notification of the case, the exporting party may apply appropriate measures to export the product concerned.
(d) Where exceptional circumstances requiring immediate action make the information or pre-examination impossible, the Community or Tunisia, as the case may be, in situations defined in Articles 24, 25 and 26, immediately apply the strictly necessary safeguards to deal with the situation and immediately inform the other party.
Rule 28
The agreement does not impede the prohibitions or restrictions of import, export or transit, justified by reasons of public morality, public order, public safety, protection of the health and life of persons and animals or the preservation of plants, protection of national treasures with an artistic, historical or archaeological value or protection of intellectual, industrial and commercial property or regulations relating to gold and money. However, such prohibitions or restrictions should not constitute a means of arbitrary discrimination or a disguised restriction in trade between the parties.
Rule 29
The concept of "originating products" for the purposes of the application of the provisions of this title and the methods of administrative cooperation therein are defined in Protocol No. 4.
Rule 30
The combined nomenclature of the goods is used for the classification of the goods in the exchanges between the two parties.
PART III. - Right of establishment and services
Rule 31
1. The parties agree to broaden the scope of the agreement to include the right of establishment of a party in the territory of the other party and the liberalization of the provision of services by the companies of a party to the recipients of services in another party.
2. The Association Council shall make the necessary recommendations for the implementation of the objective referred to in paragraph 1.
In making these recommendations, the Association Council will take into account the experience gained by the application of the mutual award of the treatment of the most-favoured nation and the respective obligations of the parties in accordance with the General Agreement on Trade in Services annexed to the WTO Agreement, below referred to as GATS, including those of its Article V.
3. The achievement of this objective will be the subject of a first review by the Association Council no later than five years after this Agreement comes into force.
Rule 32
1. In a first step, the parties reaffirm their respective obligations under the GATS, including the mutual award of the treatment of the most-favoured nation for the service sectors covered by that obligation.
2. In accordance with the GATS, this treatment will not apply to:
(a) benefits granted by either party in accordance with the provisions of an agreement as defined in Article V of the GATS or measures taken on the basis of such agreement;
(b) other benefits granted in accordance with the list of exemptions to the most-favoured-nation clause annexed by either party to the GATS agreement.
PART IV. - Payments, capital, competition and other economic provisions
CHAPTER I. - Current payments and capital flows
Rule 33
Subject to the provisions of Article 35, the parties undertake to authorize, in a freely convertible currency, all current payments relating to current transactions.
Rule 34
1. With regard to transactions in the balance of capital, the Community and Tunisia shall, from the date of the entry into force of this Agreement, ensure the free movement of capital in respect of direct investment in Tunisia, carried out in incorporated companies in accordance with the legislation in force, as well as the liquidation and repatriation of the proceeds of these investments and any profit arising therefrom.
2. The parties consult to facilitate the movement of capital between the Community and Tunisia and to liberalize it in full when the necessary conditions are met.
Rule 35
If one or more member States of the Community or Tunisia encounter or may encounter serious balance of payments difficulties, the Community or Tunisia, as the case may, in accordance with the conditions set out in the General Agreement on Tariffs and Trade and Articles VIII and XIV of the Statutes of the International Monetary Fund, may adopt for a limited time restrictive measures on current transactions, which may not exceed the scope of payments. The Community or Tunisia, as the case may be, immediately informs the other party and submits to it as soon as possible a timetable for the removal of these measures.
CHAPTER II. - Competition and other economic provisions
Rule 36
1. It is incompatible with the proper functioning of this Agreement, as they are likely to affect the exchanges between the Community and Tunisia:
(a) all agreements between companies, all decisions of association of companies and all agreed practices between companies, which are intended or for the purpose of preventing, restricting or distorting competition play;
(b) the abuse by one or more companies of a dominant position over all the territories of the Community or Tunisia or in a substantial part of it;
(c) any public aid that false or threatens to distort competition by promoting certain companies or certain productions except for exemptions authorized under the Treaty establishing the European Coal and Steel Community.
2. Any practice contrary to this article shall be assessed on the basis of the criteria arising from the application of the rules laid down in Articles 85, 86 and 92 of the Treaty establishing the European Community and, for products covered by the European Community of Coal and Steel, those provided for in Articles 65 and 66 of this Treaty, as well as the rules relating to public aids including derivative law.
3. Within five years of the coming into force of this Agreement, the Association Council shall adopt the regulations necessary for the implementation of paragraphs 1 and 2.
As long as these regulations have not been adopted, the provisions of the Agreement relating to the interpretation and application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade shall apply as regulations for the implementation of paragraph 1 (c) and the corresponding parts of paragraph 2.
4. (a) For the purposes of the provisions of paragraph 1 (c), the parties agree that, for the first five years following the entry into force of this Agreement, any official assistance granted by Tunisia shall be assessed in the light of the fact that this country is considered to be an area identical to the areas of the Community referred to in Article 92(3)(a) of the Treaty establishing the European Community.
During the same period, Tunisia is exceptionally authorized, with respect to the steel sector products covered by the Treaty establishing the European Coal and Steel Community to grant official aid to restructuring, provided that:
- this aid contributes to the viability of beneficiary enterprises under normal market conditions at the end of the restructuring period;
- the amount and importance of this assistance are limited to the strictly necessary levels to establish this viability and be gradually reduced;
- the restructuring programme is linked to a comprehensive plan to streamline capacity in Tunisia.
The Council of Association decides, taking into account the economic situation of Tunisia, whether this period should be extended by five years in five years.
(b) Each party ensures transparency in the area of public assistance, by informing, among other things, annually the other part of the total amount and distribution of the assistance granted and by providing, upon request, information on the aid plans. At the request of a party, the other party provides information on specific cases of public assistance.
5. For products covered under Part II, Chapter 2.
- paragraph 1 (c) does not apply;
- any practice contrary to paragraph 1 (a) shall be assessed in accordance with the criteria established by the Community on the basis of articles 42 and 43 of the Treaty establishing the European Community and, in particular, those established in Council Regulation No. 26/1962.
6. If the Community or Tunisia considers that a practice is incompatible with paragraph 1 of this article, and:
- is not properly understood by the rules of application referred to in paragraph 3, or,
- in the absence of such rules and if such practice causes or threatens to cause serious harm to the other party or harm to its national industry, including its service industry,
it may take the appropriate measures after consultation with the Association Committee or 30 working days after having before it the Association Committee.
In the case of practices incompatible with paragraph 1 (c) of this Article, such appropriate measures, where the General Agreement on Tariffs and Trade is applicable to them, may be adopted only in accordance with the procedures and conditions established by the General Agreement on Tariffs and Trade, or by any other suitable instrument negotiated under its auspices and applicable between the parties.
7. Without prejudice to the contrary provisions adopted in accordance with paragraph 3, the parties shall exchange information within the limits authorized by professional secrecy and business secrecy.
Rule 37
The Member States and Tunisia are gradually adjusting, without prejudice to the commitments made at the GATT, all State monopolies of a commercial nature so as to ensure that, for the end of the fifth year following the entry into force of the agreement, there is no discrimination with regard to the conditions of supply and marketing of goods between the nationals of the Member States and those of Tunisia. The Association Committee will be informed of the measures adopted to implement this objective.
Rule 38
With respect to public enterprises and companies to which special or exclusive rights have been granted, the Association Council ensures that, from the fifth year following the date of entry into force of this Agreement, no measures disturbing the exchanges between the Community and Tunisia to a measure contrary to the interests of the parties is adopted or maintained. This provision does not preclude the execution, in law or in fact, of the particular tasks assigned to these companies.
Rule 39
1. The parties shall ensure adequate and effective protection of intellectual, industrial and commercial property rights in accordance with the highest international standards, including effective means of asserting such rights.
2. Implementation of this Article and Annex 7 will be regularly reviewed by the parties. In the event of difficulties in the field of intellectual, industrial and commercial property affecting trade, urgent consultations will take place at the request of either party, in order to achieve mutually satisfactory solutions.
Rule 40
1. The parties are implementing the means to promote the use by Tunisia of the technical rules of the Community and European standards relating to the quality of industrial and agri-food products, as well as certification procedures.
2. On the basis of the principles referred to in paragraph 1, the parties shall enter into agreements for mutual recognition of certifications when the necessary conditions are fulfilled.
Rule 41
1. The parties set a goal for mutual and progressive liberalization of public markets.
2. The Association Council shall take the necessary measures to implement the provisions of paragraph 1.
PART V. - Economic cooperation
Rule 42
Objectives
1. The parties undertake to strengthen their economic cooperation, in their mutual interest and in the spirit of the partnership that inspires this agreement.
2. Economic cooperation aims to support Tunisia's action for its sustainable economic and social development.
Rule 43
Scope
1. Cooperation will apply in a privileged way to areas of activity under internal constraints and difficulties or affected by the process of liberalization of the entire Tunisian economy and especially by the liberalization of trade between Tunisia and the Community.
2. Similarly, cooperation will focus on areas to facilitate the reconciliation of Tunisian and community economies, including those that generate growth and employment.
3. Cooperation will encourage intra-Maghrebine economic integration through the implementation of any measures likely to contribute to the development of these intra-Maghrebine relations.
4. Cooperation will be an essential component in the implementation of the various areas of economic cooperation, the preservation of the environment and ecological balances.
5. Where appropriate, the parties agree on other areas of economic cooperation.
Rule 44
Means and modalities
Economic cooperation is achieved through, inter alia:
(a) a regular economic dialogue between the two parties covering all areas of macroeconomic policy;
(b) exchange of information and communication actions;
(c) advice, expertise and training;
(d) joint actions;
(e) technical, administrative and regulatory assistance.
Rule 45
Regional cooperation
In order to allow this agreement to develop its full effect, the parties are committed to promoting any type of regional impact action or involving other third countries, including:
(a) intraregional trade across the Maghreb;
(b) the environment;
(c) the development of economic infrastructure;
(d) scientific and technological research;
(e) the cultural domain;
(f) Customs matters;
(g) regional institutions and the implementation of joint or harmonized programmes and policies.
Rule 46
Education and training
Cooperation is aimed at:
(a) Identify ways to significantly improve the situation in the education and training sector, including vocational training;
(b) specifically encourage women ' s access to education, including technical and higher education and vocational training;
(c) encourage the establishment of sustainable links between specialized agencies of parties for sharing and exchange of experiences and means.
Rule 47
Scientific, technical and technological cooperation
Cooperation is aimed at:
(a) promote permanent linkages between the scientific communities of both parties, including:
- Tunisia's access to community-based research and technological development programs in accordance with community-based provisions on the participation of third countries in these programs;
- Tunisia ' s participation in decentralized cooperation networks;
- promoting synergies between training and research;
(b) Strengthen Tunisia ' s research capacity;
(c) stimulate technological innovation, transfer of new technologies and know-how;
(d) encourage all actions to create regional impact synergies.
Rule 48
Environment
Cooperation is aimed at preventing environmental degradation and improving its quality, protecting people's health and rational use of natural resources to ensure sustainable development.
The parties agree to cooperate, inter alia, in the areas of:
(a) soil and water quality;
(b) the consequences of, inter alia, industrial development (security of facilities, wastes in particular);
(c) Monitoring and prevention of marine pollution.
Rule 49
Industrial cooperation
Cooperation is aimed at:
(a) encourage cooperation between the economic operators of the parties, including in the context of Tunisia's access to community-based networks of business reconciliation or decentralized cooperation networks;
(b) support efforts to modernize and restructure the industry, including the food industry, undertaken by the public and private sectors of Tunisia;
(c) encourage the development of an environment conducive to private initiative to stimulate and diversify production for local and export markets;
(d) to enhance Tunisia's human resources and industrial potential through better use of innovation, research and technological development policies;
e) facilitate access to credit for investment financing.
Rule 50
Promotion and protection of investments
Cooperation aims to create a climate conducive to investment flows and is realized in particular through:
(a) the establishment of harmonized and simplified procedures, co-investment mechanisms (especially between small and medium-sized enterprises), as well as identification and information mechanisms on investment opportunities;
(b) where appropriate, the establishment of a legal framework for investment, in particular by the conclusion, between Tunisia and the Member States, of agreements for the protection of investments and agreements to avoid double taxation.
Rule 51
Cooperation in standardization and conformity assessment
The parties cooperate to develop:
(a) the use of community rules in the field of standardization, metrology, management and quality assurance, and conformity assessment;
(b) the upgrading of Tunisian laboratories for the conclusion, in the long term, of mutual recognition agreements in the field of conformity assessment;
(c) Tunisian structures for intellectual, industrial and commercial property, standardization and quality.
Rule 52
Reconciliation of legislation
Cooperation is aimed at helping Tunisia to bring its legislation closer to that of the Community in the areas covered by this Agreement.
Rule 53
Financial Service
Cooperation is aimed at bringing together common standards and norms, including:
(a) the strengthening and restructuring of the financial sectors of Tunisia;
(b) the improvement of Tunisia's accounting, accounting, surveillance, regulation of financial services and financial control systems.
Rule 54
Agriculture and fisheries
Cooperation is aimed at:
(a) the modernization and restructuring of the agriculture and fisheries sectors, including through the modernization of infrastructure and equipment and the development of packaging and storage technologies and the improvement of private distribution and marketing circuits;
(b) diversification of external productions and markets;
(c) cooperation in health and phytosanitary and cultural techniques.
Rule 55
Transport
Cooperation is aimed at:
(a) the restructuring and modernization of road, rail, port and airport infrastructures of common interest in relation to the major trans-European communication routes;
(b) the definition and application of operating standards comparable to those prevailing in the Community;
(c) refurbishment of technical equipment according to these community standards, particularly with regard to multi-modal transport, containerization and transshipment;
(d) the progressive improvement of the conditions of road transit and the management of airports, air traffic and railways.
Rule 56
Telecommunications and Information Technology
Cooperation activities include:
(a) the general telecommunications framework;
(b) standardization, conformity testing and certification of information and telecommunications technologies;
(c) the dissemination of new information technologies, particularly in the area of networks and their interconnections (the Digital Networks for Integration of Services (R.N.I.S.), the Electronic Data Exchange (E.D.I));
(d) stimulating research and development of new communication and information technology facilities to develop the information technology, services and applications market related to information technology and communications, services and facilities.
Rule 57
Energy
Cooperation activities include:
(a) renewable energy;
(b) promoting energy savings;
(c) applied research on data banks between economic and social operators of both parties;
(d) support for efforts to modernize and develop energy networks and their interconnections with the Community networks.
Rule 58
Tourism
Cooperation is aimed at the development of the tourism sector, including:
(a) hotel management and quality of services in different hotel business;
(b) marketing development;
(c) Development of youth tourism.
Rule 59
Customs cooperation
1. Cooperation is aimed at ensuring respect for the commercial machinery and the loyalty of trade and focuses on:
(a) simplification of customs controls and procedures;
(b) the application of the single administrative document and a link between the transit systems of the Community and Tunisia.
2. Without prejudice to other forms of cooperation provided for in this Agreement and, in particular, in Articles 61 and 62, the administrative authorities of the contracting parties shall provide mutual assistance in accordance with the provisions of Protocol No. 5.
Rule 60
Statistical cooperation
Co-operation is aimed at the approximation of the methodologies used by the parties and the exploitation of statistical data on all areas covered by this Agreement as soon as they lend themselves to the establishment of statistics.
Rule 61
Money laundering
1. The parties agree on the need to work and cooperate in order to prevent the use of their financial systems to money laundering from criminal activities in general and illicit drug trafficking in particular.
2. Cooperation in this area includes administrative and technical assistance to adopt appropriate standards to combat money-laundering, comparable to those adopted in this area by the Community and international bodies active in this area, and in particular the international financial action group (FATF).
Rule 62
Drug control
1. Cooperation is aimed at:
(a) improve the effectiveness of policies and enforcement measures to prevent and combat the illicit production, supply and trafficking of narcotic drugs and psychotropic substances;
(b) eliminate any illicit consumption of such products.
2. Parties shall jointly define, in accordance with their respective legislation, appropriate strategies and methods of cooperation to achieve these objectives. Their actions, when not joint, are the subject of close consultation and coordination.
Participation in the actions of competent public and private institutions, international organizations in collaboration with the Government of the Republic of Tunisia and the relevant bodies of the Community and its member States.
3. Cooperation is carried out in particular through:
(a) the creation or extension of socio-health institutions and information centres for the treatment and reintegration of drug addicts;
(b) the implementation of projects for prevention, information, training and epidemiological research;
(c) the establishment of standards for the prevention of diversion of precursors and other essential substances used for the illicit manufacture of narcotic drugs and psychotropic substances, which are equivalent to those adopted by the Community and the relevant international bodies, including by the Chemicals Action Group (CCPAP).
Rule 63
The two parties will jointly determine the modalities for the implementation of cooperation in the areas of this title.
PART VI. - Social and cultural cooperation
CHAPTER I. - Labour provisions
Rule 64
1. Each Member State shall grant workers of Tunisian nationality occupied in its territory a regime characterized by the absence of any discrimination based on nationality with respect to its own nationals, with regard to the conditions of work, remuneration and dismissal.
2. Every Tunisian worker authorized to perform an employee work in the territory of a member State on a temporary basis shall be entitled to the provisions of paragraph 1 with regard to the conditions of work and remuneration.
3. Tunisia accords the same regime to the national workers of the occupied Member States on its territory.
Rule 65
1. Subject to the provisions of the following paragraphs, workers of Tunisian nationality and members of their families residing with them shall enjoy in the field of social security a regime characterized by the absence of any discrimination based on nationality in relation to their own nationals of the Member States in which they are occupied.
The concept of social security covers the social security sectors that relate to sickness and maternity benefits, disability benefits, old age, survivors, occupational injury and sickness benefits, death benefits, unemployment benefits and family benefits.
However, this provision may not have the effect of making applicable the other rules of coordination provided for in the Community Regulation based on Article 51 of the EC Treaty, other than under the conditions laid down in Article 67 of this Agreement.
2. These workers benefit from the totalisation of the periods of insurance, employment or residence carried out in the various Member States, for old age, disability and survival pensions, family benefits, sickness and maternity benefits, as well as health care for themselves and their families residing within the Community.
3. These workers benefit from family benefits for family members residing within the Community.
4. These workers benefit from the free transfer to Tunisia, at the rates applied under the laws of the Member State or debtor Member States, pensions and annuities of old age, survival and injury to work or occupational disease, as well as of disability, in the event of an occupational injury or illness, with the exception of special benefits of a non-contributory character.
5. Tunisia grants national workers from the occupied Member States, as well as members of their families, a regime similar to that provided for in paragraphs 1, 3 and 4.
Rule 66
The provisions of this chapter shall not apply to nationals of one of the parties who reside or work illegally in the territory of the host country.
Rule 67
1. Before the end of the first year after the entry into force of this Agreement, the Association Council shall determine the provisions to ensure the application of the principles set out in section 65.
2. The Association Council shall determine the terms and conditions for administrative cooperation ensuring the necessary management and control guarantees for the application of the provisions referred to in paragraph 1.
Rule 68
The provisions adopted by the Council of Association in accordance with Article 67 do not infringe on the rights and obligations arising from bilateral agreements between Tunisia and the Member States, since they provide for Tunisian nationals or nationals of the Member States a more favourable regime.
CHAPTER II. - Social dialogue
Rule 69
1. There is a regular dialogue between the parties on any subject of the social sphere which is of interest to them.
2. It is the instrument of the search for ways and conditions of progress to be achieved for the movement of workers, equal treatment and social integration of Tunisian and community nationals legally residing in the territories of the host states.
3. The dialogue includes all related issues:
(a) the living and working conditions of migrant communities,
(b) Migration,
(c) illegal immigration and conditions of return of persons in an irregular situation under the residence and settlement legislation applicable in the host country,
(d) actions and programmes promoting equal treatment between Tunisian and community nationals, mutual knowledge of cultures and civilizations, the development of tolerance and the abolition of discrimination.
Rule 70
The social dialogue takes place at the levels and in the same manner as those provided for under I of this Agreement, which may also serve as a framework.
CHAPTER III. - Social cooperation activities
Rule 71
1. In order to consolidate cooperation in the social field between the parties, actions and programmes on any theme of interest will be put in place.
The following actions are of a priority in this regard:
(a) reducing migration pressure, including through job creation and development of training in emigration areas;
(b) the reintegration of returnees due to the illegal nature of their situation under the relevant State legislation;
(c) promoting the role of women in the process of economic and social development, including through education and the media, within the framework of Tunisia ' s policy on the subject;
(d) the development and strengthening of Tunisian programmes of family planning and the protection of the mother and the child;
(e) improvement of the social protection system;
(f) improvement of the health coverage system;
(g) improved living conditions in disadvantaged areas with a high population concentration;
(h) the implementation and financing of exchange and leisure programmes for mixed groups of young people of European and Tunisian origin, residing in the Member States, to promote mutual knowledge of civilizations and promote tolerance.
Rule 72
Cooperation can be carried out in coordination with member States and relevant international organizations.
Rule 73
A working group shall be established by the Association Council before the end of the first year following the date of entry into force of this Agreement. It is responsible for the ongoing and regular evaluation of the implementation of the provisions of Chapters 1 to 3.
CHAPTER IV. - Cooperation in cultural matters
Rule 74
1. In order to improve their mutual knowledge and understanding and taking into account the actions already developed, the parties are committed, in mutual respect of cultures, to better establish the conditions of sustainable cultural dialogue and to promote sustained cultural cooperation among them, without excluding a priori any area of activity.
2. The parties provide in the definition of cooperative actions and programmes, as well as joint activities, special attention to young audiences and written and audiovisual means of expression and communication, issues related to the protection of heritage and the dissemination of the cultural product.
3. The parties agree that cultural cooperation programmes in the Community or one or more of its member States may be extended to Tunisia.
PART VII. - Financial cooperation
Rule 75
In order to contribute fully to the achievement of the objectives of the agreement, financial cooperation will be implemented in support of Tunisia in the manner and with the appropriate financial means.
These terms and conditions are mutually agreed between the parties by means of the most appropriate instruments from the entry into force of the agreement.
The areas of application of this cooperation, in addition to the themes under headings V and VI of this Agreement, are particularly:
- facilitating reforms to modernize the economy;
- upgrading of economic infrastructure;
- promoting private investment and job-creating activities;
- taking into account the consequences on the Tunisian economy of the progressive development of a free trade zone, particularly in the context of the upgrading and conversion of the industry;
- accompanying policies implemented in the social sectors.
Rule 76
Within the framework of community-based instruments to support structural adjustment programmes in the Mediterranean countries, and in close coordination with the Tunisian authorities and other contributors, in particular the international financial institutions, the Community will examine ways to support Tunisia's structural policies aimed at the restoration of large financial balances and the creation of an economic environment conducive to the acceleration of growth, while ensuring the improvement of the social well-being of the population.
Rule 77
In order to ensure a coordinated approach to outstanding macroeconomic and financial problems that could result from the progressive implementation of the provisions of the agreement, the parties will pay particular attention to the monitoring of the evolution of trade and financial relations between the Community and Tunisia as part of the regular economic dialogue established under heading V.
PART VIII. - General and final institutional arrangements
Rule 78
It is established a Council of Association that meets at the ministerial level, once a year and whenever necessary, at the initiative of its President under the conditions provided by its rules of procedure.
It examines important issues arising within the framework of the agreement as well as other bilateral or international issues of common interest.
Rule 79
1. The Council of Association is composed, on the one hand, of members of the Council of the European Union and members of the Commission of the European Communities and, on the other, of members of the Government of the Tunisian Republic.
2. Members of the Association Council may be represented under the conditions set out in its rules of procedure.
3. The Council of Association stops its rules of procedure.
4. The Presidency of the Council of Association is exercised in turn by a member of the Council of the European Union and a member of the Government of the Republic of Tunisia in accordance with the terms to be provided in the rules of procedure.
Rule 80
In order to achieve the objectives set by the agreement, and in the cases provided by the agreement, the Association Council has a decision-making power.
Decisions taken are mandatory for parties who are required to take the necessary measures to implement them. The Association Council may also make any useful recommendations.
It decides its decisions and makes its recommendations in common agreement between the parties.
Rule 81
1. An Association Committee is established which is responsible for the management of the agreement subject to the competence assigned to the Council.
2. The Association Council may delegate to the Committee all or part of its competence.
Rule 82
1. The Association Committee, which meets at the level of officials, is composed, on the one hand, of representatives of the members of the Council of the European Union and the Commission of the European Communities and, on the other, of representatives of the Government of the Republic of Tunisia.
2. The Association Committee shall determine its rules of procedure.
3. The chair of the Association Committee is exercised in turn by a representative of the Presidency of the Council of the European Union and a representative of the Government of the Republic of Tunisia.
In principle, the Association Committee meets alternately in the Community and in Tunisia.
Rule 83
The Association Committee has a decision-making authority for the management of the agreement, as well as in areas where the Council has delegated its competence.
Decisions are mutually agreed between the parties and are mandatory for parties who are required to take the measures required for their implementation.
Rule 84
The Association Council may decide to establish any working group or body necessary for the implementation of the agreement.
Rule 85
The Council of Association takes all necessary measures to facilitate cooperation and contacts between the European Parliament and the Chamber of Deputies of the Republic of Tunisia, as well as between the Economic and Social Committee of the Community and the Economic and Social Council of the Republic of Tunisia.
Rule 86
1. Each party may refer to the Association Council any dispute relating to the application and interpretation of this Agreement.
2. The Association Council may resolve the dispute by decision.
3. Each party is required to take the necessary steps to ensure the implementation of the decision referred to in paragraph 2.
4. In the event that it is not possible to resolve the dispute in accordance with paragraph 2, each party may notify the other party of the appointment of an arbitrator, who is then required to appoint a second arbitrator within two months. For the purposes of this procedure, the Community and the Member States are considered to be a single party to the dispute.
The Association Council shall designate a third arbitrator.
The decisions of the arbitrators shall be taken by majority.
Each party to the dispute is required to take the necessary measures to implement the decision of the arbitrators.
Rule 87
Nothing in the agreement prevents a contracting party from taking the measures:
(a) considers it necessary to prevent the disclosure of information contrary to the essential interests of security;
(b) relating to the production or trade of weapons, ammunition or war equipment or to the research, development or production necessary to ensure its defence, provided that such measures do not affect the competitive conditions for products not specifically intended for military purposes;
(c) that it considers essential to ensure its security in the event of serious internal disturbances that may affect public peace, in the event of war or serious international tension threatening to lead to armed conflict or in order to meet its obligations to ensure the maintenance of international peace and security.
Rule 88
In the areas covered by this Agreement and without prejudice to any particular provision contained therein:
- the regime applied by the Tunisian Republic with respect to the Community shall not discriminate between the Member States, their nationals or their societies;
- the regime applied by the Community with respect to the Tunisian Republic cannot result in any discrimination between Tunisian nationals or their societies.
Rule 89
No provision of the agreement will have effect:
- extend the benefits granted by a party in the tax field in any international agreement or arrangement by which this party is bound;
- to prevent the adoption or application by a party of any measure intended to avoid fraud or tax evasion;
- to obstruct the right of a party to apply the relevant provisions of its tax legislation to taxpayers not in an identical situation with respect to their place of residence.
Rule 90
1. The parties shall take any general or special measures necessary for the fulfilment of their obligations under this Agreement. They ensure that the objectives set by this Agreement are met.
2. If a party considers that the other party has not fulfilled any of its obligations under this Agreement, it may take appropriate action. Previously, it must, except for special emergencies, provide the Association Council with all relevant information necessary for a thorough review of the situation with a view to seeking a solution acceptable to the parties.
The choice must be given as a matter of priority to measures that disrupt the operation of this Agreement at least. These measures are notified immediately to the Association Council and are subject to consultations within the Association Council at the request of the other party.
Rule 91
Protocols 1 to 5 and Annexes 1 to 7 as well as statements are an integral part of the agreement.
Rule 92
For the purposes of this Agreement, the term "parties" means on the one hand, the Community, or the Member States, or the Community and its Member States, in accordance with their respective competences, and Tunisia on the other.
Rule 93
This Agreement shall be concluded for an unlimited period of time.
Each party may denounce the agreement by notifying its intention to the other party. The agreement ceases to be applicable six months after this notification.
Rule 94
This Agreement applies, on the one hand, to territories where the treaties establishing the European Community and the European Coal and Steel Community are applied and under the conditions provided for by the said treaties and, on the other, to the territory of the Tunisian Republic.
Rule 95
This Agreement is written in duplicate in German, English, Danish, Spanish, Finnish, French, Greek, Italian, Dutch, Portuguese, Swedish and Arabic, each of these texts being equally authentic.
Rule 96
1. This Agreement shall be approved by the Contracting Parties in accordance with their own procedures.
The agreement shall enter into force on the first day of the second month following the date on which the contracting parties notify the performance of the procedures referred to in the first paragraph.
2. Upon its entry into force, the agreement replaces the cooperation agreement between the European Community and the Tunisian Republic, as well as the agreement between the member states of the European Coal and Steel Community and the Tunisian Republic, signed in Tunis on 25 April 1976.
Done in Brussels on 17 July 1995.
For the Kingdom of Belgium
This signature also involves the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish R2gion and the Brussels-Capital Region.

Annexes
For the consultation of the table, see image