Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5563.html
Law No. 5563
Acceptance Date: 13/12/2006
ARTICLE 1, signed in Cairo on December 27, 2005 "Agreement between the Arab Republic of Egypt and the Republic of Turkey Establishing a Free Trade Area" was found appropriate to approve n.
Article 2 of this Act shall enter into force on the date of publication.
Ministers executes the provisions of Article 3 of this Law.
REPUBLIC OF TURKEY AND THE ARAB REPUBLIC OF EGYPT
BETWEEN AN AGREEMENT ESTABLISHING A FREE TRADE AREA Preamble
Republic of Turkey and the Arab Republic of Egypt (hereinafter referred to as the "Parties", or where appropriate Turkey and Egypt will be called.)
contribute to the development of economic cooperation between the two countries and to increase the scope of mutual trade exchanges, the existing friendly relations, especially in the developing of economic cooperation and trade, and to strengthen the desire, in the context
Barcelona Declaration in Europe and Affirming their intention actively to participate in issues of economic integration in the Mediterranean Basin
expressed that the ways to strengthen the process and evaluate the vehicle is ready to co-operate in order to strengthen political stability and economic development in the region by promoting the
regional cooperation Recognizing the need to combine their efforts,
Turkey and the European Economic Community in the Association Agreement establishing the European Community and its Member States by taking into account the Euro-Mediterranean Agreement that partnership established between Egypt, to take measures for the harmonious development of their
Trade and including areas not covered by this Agreement, to enhance mutual cooperation in areas of common interest and to diversify, so equality, non discrimination, asserting rights and duties of their readiness with regard to act in order to create a framework and supportive environment based on balance, || | the continual reinforcement of the multilateral trading system of the Party, referring to the mutual interest in the issue and the 1994 General Agreement on Tariffs and Trade (hereinafter "GATT 1994" referred to) and the world Trade Organization (hereinafter "WTO" will be called) provisions and tools foreign trade, taking into account that the basis for polıitika, the
Party of GATT 1994 and the rights arising from the WTO and obligations, taking into account
for this purpose, in particular the provisions concerning the establishment of free trade areas, in accordance with the provisions of this Agreement, the parties in trade between the set of provisions aimed at the removal of barriers as determined in respect of cooperation in the
trade development and economic and technical fields, believing that both countries is one of the main elements of rapid development strategies, following agreement to pursue
this purpose (Agreement hereinafter "this "hereinafter) they have decided to conclude.
Article 1 Objectives
1. Parties present GATT with the provisions of the Treaty 1994 fame xxıv'ünc is about the substance and WTO Quran addition to trade in goods of the Agreement in accordance with other multilateral agreement, since the entry into force of the Agreement in a transitional period not exceeding twelve years a free trade area gradually between shall establish.
2. The objectives of the agreement are as follows:
a) in order to raise the living standards of the peoples of the two countries to increase and enhance the economic cooperation between the Parties;
B), including agricultural products, to eliminate difficulties and restrictions on trade in goods;
C) through the expansion of mutual trade, to promote the harmonious development of economic relations between the Parties;
D) to provide fair conditions of competition in trade between the Parties;
E), particularly the development of joint investments in both countries create conditions for further encouragement of investments;
F) the parties to promote trade and cooperation in third country markets.
ARTICLE 2 Basic Duties and Classification of Goods
1. In trade between the Parties covered by this Agreement, the Parties of import shall apply their respective customs classification of the goods.
2. For each product, the basic duty to apply the successive reductions established under this Agreement, the Parties in force on January 1, 2005. Most Favoured Nation (MFN) duty. 3
. If, after 1 January 2005, in particular reductions resulting from the tariff negotiations in the WTO, erga omnes said reduced duties if the base tariff reduction is applied from the date of application of discounts in paragraph 2 shall replace the basic duties referred.
4. The Parties shall inform each other of their respective basic duties.
SECTION II INDUSTRIAL PRODUCTS ARTICLE 3
Scope The provisions of this Chapter, with the exception of the products listed in Annex I to this Agreement, the Harmonized Commodity Description and Coding System 25 to 97 located between the provisions of chapter shall apply to products originating in the parties.
ARTICLE 4 Customs Duties on Imports and Charges Having Equivalent Effect in
1. Customs duties on imports and charges having equivalent effect shall be abolished in accordance with the provisions of Protocol I to this Agreement.
2. From the date of entry into force of this Agreement, trade between the Parties will be no new customs duties on imports or charges having equivalent effect, those already applied be increased.
ARTICLE 5 Customs Duties of a Fiscal Nature The provisions concerning the abolition of customs duties on imports
shall also apply to customs duties of a fiscal nature.
Article 6 Quantitative Restrictions on Imports and Measures Having Equivalent Effect 1
. Parties from all quantitative restrictions on imports and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement.
2. This from the date the Agreement enters into force, in trade between the Parties, no new quantitative restriction on imports or charges having equivalent effect shall be introduced measures.
ARTICLE 7 Customs Duties on Exports and Charges Having Equivalent Effect 1
. Parties from all customs duties on exports and charges having equivalent effect shall be abolished on the date of entry into force of this Agreement.
2. From the date of entry into force of this Agreement, in trade between the Parties, no new customs duties on exports or charges having equivalent effect shall be introduced.
ARTICLE 8 Quantitative Restrictions on Exports and Measures Having Equivalent Effect 1
. Parties from all quantitative restrictions on exports and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement.
2. From the date of entry into force of this Agreement, in trade between the Parties, no new quantitative restriction on exports or measures equivalent effect shall be introduced.
PART II BASIC AGRICULTURAL, PROCESSED AGRICULTURAL AND FISHERY PRODUCTS ARTICLE 9
Scope 1. The provisions of this Section, originating in the Parties basic agricultural, processed agricultural and fishery products will be applied.
2. According to this Agreement, the purpose of the "basic agricultural, processed agricultural and fishery products" (hereinafter referred to as "agricultural products") regarding the terms of the Harmonized Commodity Description and Coding System 1 to 24 of the Annex to this Agreement with the products involved in the Chapter II 'means the products listed in the. ARTICLE 10 Exchange of Concessions
1. The Parties to this Agreement, to the extent permitted by the agricultural policies, agricultural products, to promote the harmonious development of trade and the issue of partnership declare that they are ready to discuss with the Committee on a regular basis.
2. In accordance with this purpose, between the parties, in order to facilitate trade in agricultural products including mutual concessions provided in this Agreement shall be concluded Protocol II. 3
. Parties, the role of agriculture in their respective economies; development of trade in agricultural products between the Parties; Taking into account the rules of their respective agricultural policy, it will include a further gradual liberalization of trade in agricultural products of interest to both Parties.
4. Parties under the WTO agricultural products, taking into account developments paragraph 3 of the liberalization of trade will review the situation at the annual meeting of the Joint Committee to implement the stated objectives.
5. Parties in the measures they implement agricultural policies pursued or the changes that may affect the terms of trade in agricultural products specified in this Agreement shall notify the Joint Committee. Upon the request of any party to the Joint Committee to examine the situation will be made in an emergency consultation. ARTICLE 11
Sanitary and Phytosanitary Measures The Parties shall apply their regulations in sanitary and phytosanitary matters as an arbitrary or unjustifiable discrimination or shall not apply as a disguised restriction on trade between them. Parties of the GATT 1994 and other relevant WTO agreements health measures in the framework of the rules and procedures shall apply.
PART III COMMON PROVISIONS Article 12
Internal Taxation 1. Parties, internal taxes and other charges and regulations of the GATT 1994 and other relevant WTO Agreements ııı'ünc Article is committed by the application.
2. Exporters, imposed on products exported to the country from one of the parties directly or indirectly from the tax refund amount more internal tax benefit.
Article 13 Trade Relations Governed by Other Agreements
1. This Agreement, he brought the trade regime and in particular as it affects negatively the provisions concerning rules of origin, the customs union with third countries, the arrangements for the continuation of free trade areas or to their establishment or cross-border trade will prevent.
2. Parties, customs unions or free trade areas and, where appropriate, agreements establishing the Joint Committee on other major issues related to their respective trade policy with third countries shall consult each other. The said consultations shall take place so as to ensure that account is taken of the mutual interests referred to in this Agreement. ARTICLE 14 Structural Adjustment
1. by Egypt, as a deviation from the provisions of Article 4, for a limited time, exceptional measures may be taken in the form of increased customs duties.
2. These measures, however, undergoing restructuring or particularly infant industries, or that may lead to major social problems it can be said with regard to the serious difficulties faced by certain sectors. 3
. On imports into Egypt of products originating in Turkey, the customs duties applicable under the said measures, the value may not exceed 25% over Turkey and will include an element of preference for products originating. The total value of imported products subject to these measures, as defined in Article 3 of industrial products in Turkey of the total imports, may be the last year statistics are available, not exceed 20%.
4. These measures, unless a longer period allowed by the Joint Committee shall be applied for a period not exceeding five years. At the end of the transitional period will cease to apply these measures.
5. From a product for the elimination of all duties and quantitative restrictions or charges or measures having equivalent effect more than a case of past three years, the products in question against such measures can be introduced.
6. Egypt shall inform the Joint Committee of any exceptional measures it intends to take. Upon the request of Turkey, on such measures and the sectors to which they apply, the Joint Committee shall be consulted before the implementation of the measures. Egypt, by taking such measures, the Joint Committee will provide a schedule for the elimination of the customs duties introduced under this Article. This calendar comes to taxes, to begin no later than two years after their introduction, shall provide for a phasing in equal proportions. The Joint Committee may decide on a different schedule.
ARTICLE 15 one
Party in trade relations governed by this Agreement, if the GATT 1994 's VI of the meaning of Article dumping finds that done, against this practice, GATT 1994 Article VI of the substance and it may take appropriate measures in accordance with the rules established by agreements related to that Article.
Article 16 Safeguards
1. if one of the parties to be imported in large quantities of any product, each of the parties, Article XIX of GATT 1994 and the WTO Safeguards retains its rights and obligations under the Agreement. This Agreement, the Parties with regard to safeguard measures does not confer any additional rights or obligations.
2. between the parties, the GATT 1994 Article XIX of fame and the WTO Safeguards Agreement shall apply. ARTICLE 17 Re-export and Serious Shortage
1. 7 and 8 in compliance with the provisions of Article
a) a product, quantitative restrictions on exports of the exporting Party to this Agreement, export duties or measures having equivalent effect or charges that a third country re-export to;
or b) a product essential to the exporting Party to a serious shortage, or threat; In turn
way and the above-mentioned situation, exporters said Party in great difficulty giving birth or uncover likely to give them to the parties, paragraph 2, in may take appropriate measures in accordance with procedures.
2. The difficulties arising from the situations referred to in paragraph 1 shall be submitted to the Joint Committee for consideration. difficulties of the committees will be able to take any decision for the termination. within thirty days of the issue being referred to the Joint Committee in the absence of such a decision, the exporting Party may take appropriate measures on the exportation of the product concerned. These measures will be implemented in such a way that non-discriminatory and that there are reasons to be finished when disappears. ARTICLE 18
General Exceptions This Agreement, public morality, public policy or public security; people, protection of animal and plant life and health; art, protection of national treasures possessing historic or archaeological value; intellectual, industrial and commercial property protection on grounds imports, exports or goods in transit does not preclude prohibitions or restrictions to be placed. However, such prohibitions or restrictions in trade between the Parties shall not constitute an arbitrary means of discrimination or a disguised restriction.
Balance of Payments Difficulties one
Party if it is in a serious balance of payments difficulties or under threat thereof, the Party concerned, WTO / GATT to the conditions laid down in the 1994 framework and the International Monetary Fund Agreement, Article VIII and XIV of the substance to the Referring, for a limited time and payments can take restrictive measures that go beyond what is necessary to improve the balance of payments situation. Related Party, the other Party about the onset of these measures will be notified immediately and the timetable for their removal as soon as possible will provide the other Party.
ARTICLE 20 Rules of Origin and Customs Cooperation between
1. Parties in the mutual trade, the Pan-Euro-Mediterranean cumulation of origin system shall apply the harmonized preferential rules of origin issues agreed upon.
2. Protocol III lays down the rules of origin and methods of administrative cooperation.
PART IV STATE MONOPOLIES, COMPETITION RULES, PAYMENTS AND OTHER ECONOMIC PROVISIONS
ARTICLE 21 Payments and Transfers
Goods and services trade between the Parties with the rights arising from payments on these securities, in accordance with their national legislation of the Parties shall be made in convertible currency. ARTICLE 22 Rules of Competition Concerning the
Business 1. The following issues between the parties to the extent that they affect trade this Agreement are incompatible with the proper functioning of:
a) the prevention of competition, restriction or distortion of the object or effect as the result of generating business from all agreements, taken by associations of undertakings decisions and concerted practices between enterprises;
B) one or more undertakings of the whole or a significant part of the territory of one Party state abuse of dominant they have;
C) a company or a certain property of distorting competition by favoring or any state aid which distorts production hazards.
2. The Joint Committee as soon as they enter into force within five years of this Agreement, the paragraph will decide the necessary rules for the implementation of the 1. Until these rules are adopted, paragraph 1.c) for the implementation of Article 23 's provisions shall apply. 3
. Each Party shall provide the total amount and to report annually on the other side of the delivery and if requested in transparency by providing information about the aid plan in the field of state aid given to help. on the other hand upon the request of either Party shall provide information on particular individual cases of state aid.
4. Any Party, a specific application, if it considers incompatible with the terms of the first paragraph of this Article, and:
a) do not adequately dealt with under the implementing rules referred to in paragraph 2, or
b) In the case of serious damage or including serious damage not constitute a threat or service industry material injury to the domestic industry in the interests of the other Party in the absence of such rules, and such a practice,
the Party, for after consultations within the Joint Committee or such consultation over thirty working days following referral may take appropriate measures after. When
paragraph 1c) had inconsistent practices in question, such appropriate measures in cases where the application of WTO rules, which applies to the parties and may only be made in accordance with other relevant instrument negotiated under its auspices with the procedures and conditions laid down by the WTO.
5. The Parties shall, without prejudice to the provisions of this Article, without coming to the contrary adopted in accordance with the profession and requires that limitations of business confidentiality 'shall exchange information taking into account. ARTICLE 23 Subsidies
1. rights and obligations of the Parties relating to subsidies, GATT 1994 Article VI and XVI of the WTO Subsidies and Countervailing Measures shall be subject to the Agreement and the WTO Agreement on Agriculture.
2. A Party may, if it finds that subsidies are granted which affect bilateral trade, the Party concerned may take appropriate measures in accordance with the above mentioned Agreements.
ARTICLE 24 Intellectual Property Rights
1. This Agreement, the Parties shall, in accordance with the provisions of this Article and the relevant international agreements, intellectual property rights, breach, for the enforcement against counterfeiting and piracy, including measures will be sufficient, will provide protection to oversee the effective and non-discriminatory.
2. The Parties to this Agreement shall grant treatment no less favorable than they know their own citizens to nationals of each other. Exemptions from this obligation, the 3rd of the TRIPS Agreement should be compatible with the substantive provisions of the treaty. 3
. The Parties to this Agreement, are familiar to citizens of any other country to nationals of each application shall grant less favorable treatment. Exemptions from this obligation, trlps Agreement and in particular must comply with the substantive provisions of Articles 4 and 5 of this Agreement.
4. The implementation of this Article shall be regularly reviewed by the Parties. In case of a problem affecting trading conditions were to occur in the field of intellectual property, on the request of either party, in order to reach a solution that will satisfy both parties shall take urgent consultations. ARTICLE 25 State Monopolies
1. Parties until the end of the fifth year following the entry into force of this Agreement, any state monopolies of a commercial character, as conditions for the marketing and the procurement of goods, shall progressively adjust to exist between nationals of the Parties.
2. The Joint Committee will be informed about the measures adopted to implement this objective. ARTICLE 26 Public Procurement
The parties are agreed that this is a progressive liberalization of public procurement purposes of this Agreement. The Joint Committee will hold consultations on the implementation of this objective. ARTICLE 27 Technical Regulations
1. Parties, technical regulations, standards and conformity assessment relating to the rights and obligations within the framework of the WTO Agreement on Technical Barriers to Trade; It will be carried out.
2. Parties to a better understanding of the reciprocal system and technical regulations in order to facilitate the access to their respective markets, strengthen their cooperation on standards and conformity assessment. The Parties shall consult the Joint Committee in view of the implementation of the objectives stated in this Article. 3
. Paragraph 1 Without prejudice to the provisions could create obstacles one trade technical Party, or upon receipt of barrier-forming measures, the Parties WTO in order to reach an appropriate solution in conformity with the Technical Barriers Agreement, they agree on are immediately hold consultations within the Joint Committee. ARTICLE 28 Investment Promotion
Parties in achieving economic growth and development, promoting investment, and they realize that it is an important means of technology flows between them. In this context, cooperation shall cover the following matters:
a) identify the information on the investment opportunities and investment legislation channel appropriate means;
B) provide information on the Parties' measures promoting investment abroad (technical assistance, financial support, investment insurance, etc.);
C), including those for the participation of foreign investors in the design and execution of development projects;
D), especially for SMEs, it is to encourage the establishment of joint ventures and appropriate, to conclude agreements between Turkey and Egypt. CHAPTER V TRADE IN SERVICES
Article 29 1. Parties, taking into account ongoing work in the WTO under the auspices of the WTO Trade in Services General Agreement (GATS) in accordance with the provisions of gradual ensuring liberalization and market services are likely to target the opening of trade.
2. Parties, taking into account international developments, the Joint Committee will regularly review the appropriate service sectors and consider further liberalization of trade in services. PART VI
CORPORATE AND FINAL PROVISIONS Article 30 Establishment of the Joint Committee
1. A Joint Committee is established each Party shall be represented. The Joint Committee will be responsible for the administration of this Agreement and shall ensure that properly applied.
2. For the purpose of this Agreement is properly implemented, will exchange information within the Joint Committee and on the request of either party consultations will be held. The Joint Committee of further removal of the obstacles to trade between the Parties shall review the possibility. 3
. The Joint Committee may take decisions in the cases provided for in this Agreement. The Joint Committee may make recommendations on other matters. ARTICLE 31 Procedures of the Joint Committee
1. Joint Committee to implement properly the Agreement whenever necessary upon request but at least once a year will be collected at the appropriate level. Either Party may request a meeting.
2. The Joint Committee shall act by unanimity. 3
. This Representatives in the Joint Committee of the Agreement, the Parties to a resolution, if adopted, subject to the condition of the fulfillment of constitutional requirements, the decision to a later date is not specified, the decision on the date of receipt of the written notification regarding the fulfillment of the need will come into force.
4. The Joint Committee will adopt rules of procedure and the rules relating to, among other rules shall include provisions concerning the determination and co-chair of the meeting that made the call.
5. The Joint Committee sub-committees as it deems necessary to assist it in carrying out its duties and may decide to set up working groups. Article 32
Security Exceptions Nothing in this Agreement shall prevent a Party from taking any measures:
a) contrary to its essential security interests as it deems necessary to prevent the description;
B), provided that such measures are particularly damaging to the competitive conditions of non-military goods, weapons, ammunition and war material production and trade or research necessary for the defense, development and production;
C) it deems necessary for essential security interests in order to fulfill the obligations agreed to in order in the event of serious internal unrest affecting the maintenance of law and order in times of war or threat of war, which constitute serious international tension or ensuring peace and international security. ARTICLE 33 Fulfillment of Obligations
1. Parties to achieve the objectives of this Agreement and shall take all measures necessary to ensure the fulfillment of the obligations under this Agreement. This case of the emergence of a disagreement regarding the interpretation and implementation of the Agreement, the Parties, the two sides to make every effort through cooperation and consultations to arrive at a satisfactory solution will consumables.
2. Both Parties can be found in any existing or proposed measure or request consultations with the other parties about any other matter that it considers might affect the operation of this Agreement. Party requesting consultations shall at the same time to provide written notice to the other Party and shall provide all relevant information on the subject. 3
. Upon the request of either party, in order to reach a solution satisfactory to both sides, from the receipt of the notification referred to in paragraph 2 shall be made within 10 days of consultations in the Joint Committee. Dispute
1 of Article 34. Any of the parties may refer the dispute to the Joint Committee concerning the interpretation or application of this Agreement.
2. The Joint Committee, the dispute can be solved by taking decisions. 3
. Each Party shall be obliged to take measures to implement the decision referred to in 2.
4. The dispute, if it is not possible to resolve in accordance with paragraph 2, either Party may appoint another arbitrator notification issues. On top of that, the other Party shall appoint a second arbitrator within two months.
5. The Joint Committee shall appoint a third arbitrator.
6. The arbitrators' decisions shall be taken by majority vote.
7. Each Party to the dispute must take the steps required to implement the decision of the arbitrators. ARTICLE 35 Evolutionary Clause
1. one of the parties, if it thought it would be useful in the interests of the economies of the Parties to develop and spread to areas not covered by the agreement relations established by this Agreement, shall submit a request to the other Party. The Joint Committee will examine this request and, where appropriate, particularly for the opening of negotiations will advise.
2. Agreements resulting from the procedure referred to in paragraph 1 shall be approved in accordance with their national legislation Parties to this Agreement or will be accepted.
Annexes and Protocols, modifications to be made in this Agreement, the parties to each other, the modification of the enactment of national legislation envisaged all requirements of fulfillment is reported that the date of receipt through diplomatic channels of the last written notification effect It will enter. ARTICLE 37 Annexes and Protocols
This Agreement and its Protocols regarding the Agreement shall form an integral part thereof. The Joint Committee, in accordance with national legislation of the Parties may decide to amend the Annexes and Protocols. Article 38 Validity and Termination
1. This Agreement is concluded for an unlimited period.
2. Each Party shall, by written notice to the other Party may terminate this Agreement. This Agreement, as of the month following the date on which the other Party of gold will end the first day of the termination notice.
Entry into Force
this Agreement, the parties to each other, shall enter into this Agreement enters into force for that fulfilled all necessary requirements foreseen in national legislation states that the last written notification of the first day of the second month following the date of receipt through diplomatic channels force.
THIS EVIDENCE, being duly authorized representatives, the undersigned, being duly authorized thereto, have signed this Agreement.
This Agreement, in Cairo in December 2005, all texts being equally valid and effective, each in the Turkish, Arabic and English languages, in two original copies are made. This Agreement shall be English text shall prevail in case of differences in interpretation.
Arab Republic of Egypt on behalf of the Republic of Turkey
Kursad Tuzmen Rachid Mohamed RACHID
State Minister for Foreign Trade and Industry Minister
Annex II contains a list of products and protocols in
* Article 3 and 9, is a file in the Draft Laws and Decrees Directorate.
Search Translated Laws of Turkey