Convention
A free trade zone between the Arab Republic of Egypt
And the Turkish Republic
The Governments of the Arab Republic of Egypt and the Turkish Republic (hereinafter referred to as "the Parties" or "Turkey" and "Egypt").
Desire to develop and strengthen the existing friendly relations between them, and, in particular in the areas of economic cooperation and trade, in order to contribute to the development of economic cooperation between the two countries, and to increase the areas of trade between them;
Confirming the intention of the parties to participate actively in the process of economic integration in Europe and the Mediterranean region, in line with the Declaration of Barcelona;
As an expression of willingness of the parties to cooperate in finding ways and means to strengthen this process;
Aware of the need for concerted efforts to promote political stability and economic development in the region through the promotion of regional cooperation;
Taking into account the agreement on establishing a union between Turkey and the European Economic Community and the Euro-Mediterranean Agreement establishing a union between the European Community and the member States and Egypt;
And a declaration of willingness of the parties to take action for the development of their trade, and expand and diversify mutual cooperation between them in all areas of common concern, including areas not mentioned in the Convention, to create a framework and an environment conducive basis of equality and non-discrimination, and balance of rights and duties;
With reference to the common interest of both parties in support of the multilateral trading system, and taking into account that the provisions of the General Agreement on Tariffs and Trade in 1994, referred to in this Agreement as "GATT 1994", the World Trade Organization, constitute a basis for foreign trade policy of the two countries;
Taking into account the rights and obligations of the parties arising from the provisions of the GATT 1994 and the World Trade Organization;
Decided for this purpose, the provisions aimed at eliminating all trade barriers between the two countries in accordance with the provisions of this Convention, and, in particular barriers to the free trade zone between the parties;
Believing that the development of trade and cooperation in economic and technical fields is one of the key elements of strategies for rapid development in both countries;
Have decided to reach these objectives, the following conclusion of the Convention (hereinafter referred to as the word "Convention").
Article (1) Objectives
1 - The Parties shall establish them progressively free trade area over a transitional period not exceeding twelve years of entry into force, in accordance with the provisions of this Agreement and consistent with Article 24 of GATT 1994 and the other multilateral agreements for trade in goods annexed to the Convention Establishing the World Trade Organization .
2 - The objectives of this Convention are:
A - Increase and enhance economic cooperation between the two parties in order to raise the standard of living of their peoples.
B - the removal of obstacles and restrictions on trade in goods, including agricultural commodities.
C - the development of economic relations is consistent between the parties through increased trade between them.
D - To provide fair conditions of competition in trade between the two parties.
E - the creation of conditions conducive to increase and encourage investment, particularly to increase joint investments in both parties.
And - the development of trade and cooperation between the two parties in the markets in third countries.
Article (2) the basic tax and classification of goods
1 - The Parties will apply to trade between them in the scope of this Convention tariff rates in their own classification, striking of goods.
2 - The tariffs applied to each product that is making the tariff reduction by the sequential and defined in this Convention, in accordance with the MFN tariff applied on both sides in force in January 2005.
3 - if applied, any tariff reductions after the first January 2005, and in particular reductions resulting from the tariff negotiations in the framework of the WTO negotiations, these reduced fees will replace the fees referred to in paragraph (2) of this Article as of the date of the application of these reductions.
4 - The Parties shall each other categories of customs duties on them.
Chapter I
Industrial goods
Article (3) scope of the Convention
Provisions of this chapter apply to products originating within the boundaries of any of the parties, and included in chapters 25 to 97 of the Harmonized Commodity classification, with the exception of products listed in Annex No. 1 to this Convention.
Article (4) customs duties on imports and charges having equivalent effect
1 - abolished customs duties and charges having equivalent effect on imports in accordance with the provisions of Protocol No. (1) the annex to this Convention.
2 - As of the date of entry into force of this Convention, does not impose new tariffs on imports or any other charges having equivalent effect, and we will not raise taxes applicable to trade between the parties.
Article (5) the customs duties of a financial nature
Is also the application of provisions concerning the abolition of customs duties on imports, customs duties of a financial nature.
Article (6) quantitative restrictions on imports and measures having equivalent effect
1 - is the abolition of all quantitative restrictions on imports and measures having equivalent effect between the parties in the history of the Convention's entry into force.
2 - will not impose any new quantitative restrictions on imports or measures having equivalent effect on trade between the parties as of the date of entry into force.
Article (7) the customs duties on exports and charges having equivalent effect
1 - is the abolition of all customs duties and charges having equivalent effect on exports between the parties once the agreement enters into force.
2 - will not impose new tariffs on exports or other charges having equivalent effect on trade between the parties as of the date the agreement enters into force.
Article (8) quantitative restrictions on exports and measures having equivalent effect
1 - is the abolition of all quantitative restrictions on exports and any actions of a similar effect between the parties when the Convention enters into force.
2 - will not impose any new quantitative restrictions on exports or measures having equivalent effect on trade between the parties as of the date of entry into force.
Chapter II
Agricultural products, processed agricultural and fishery products
Article (9) scope of the Convention
1 - The provisions of this chapter on agricultural products and processed agricultural products and fishery products originating in the territory of any of the parties.
2 -, the term "agricultural products and processed agricultural and fishery products" in this Agreement (hereinafter referred to as agricultural products) of products listed in chapters 1 to 24 of the harmonized customs tariff and listed in Annex 1 "of this Convention.
Article (10) the exchange of concessions
1 - The parties to this Convention Astaadadihama speed and as permitted by their policies of agricultural work on the consistency of the development of bilateral trade in agricultural products and discuss a regular basis in the Joint Commission.
2 - to achieve this goal, the Protocol No. (2) of this Convention defines the privileges granted, which was agreed upon to facilitate trade in agricultural products between the parties.
3 - taking into account the role of agriculture in the economy of the parties, and the development of trade in agricultural products between the parties, as well as rules on agricultural policy have, the parties sustained liberalization of their trade in the trade of agricultural and fishery products and agricultural goods of interest to both parties.
4 - The Parties shall review the situation at the annual meeting of the Joint Committee, in order to achieve the goal contained in paragraph (3) of this Article, taking into account developments in agricultural trade liberalization within the WTO.
5 - The Joint Commission shall notify the parties of any changes in their policies or their actions applied agricultural, which could affect the trade of agricultural commodities exchanged between them in the scope of this Convention. Consultations may be conducted immediately by the Joint Commission to discuss the situation and at the request of either party.
Article (11) procedures for SPS
Should not be on both sides of the Convention apply their own procedures sanitary and phytosanitary arbitrary or discriminatory or unjustified restrictions undeclared trade between them. And the parties to the Convention apply their own procedures in accordance with the health provisions and procedures of the GATT 1994 and other agreements of the WTO on this matter.
Chapter III
GENERAL PROVISIONS
Article (12) internal taxes
1 - The Parties undertake to apply the procedure of internal taxes and other charges in accordance with Article (3) of GATT 1994 and WTO agreements and related to the matter.
2 - does not benefit the exporters responded internal taxes in excess of the value of direct taxes or indirect restrictions on goods that are exported within the area of any of the parties.
Article) 13) trade relations are governed by other conventions
1 - does not preclude the establishment or maintenance of customs unions or free trade zones, or special arrangements for border trade of both parties with third countries as long as it does not affect negatively on the trade regime, especially the provisions on rules of origin in accordance with this Convention.
2 - The consultation between the parties in the framework of the Joint Committee concerning agreements establishing customs unions or free trade areas, and be consulted upon request of either side, so for the other key issues related to Bsiasthma trade with third countries, these consultations will be to ensure that it was taking into account mutual interests between the parties to this Convention.
Article (14) of structural adjustment
1 - Egypt may take exceptional measures of limited duration, an increase of customs duties. Exception of the provisions of Article IV of this Convention.
2 - limited application of these procedures the special infant industries or sectors undergoing restructuring or facing serious difficulties, particularly where these involve difficulties on the social problems.
3 - shall not exceed the customs duties applicable to imports from Egypt of products originating in Turkey, which have been imposed under these procedures 25% of the value, and should maintain the preferential margin for products originating in Turkey. Shall not exceed the total value of imports of products subject to these procedures 20% of the total imports of industrial products from Turkey, as described in Article No. (3), during the latest year for which statistics are available.
4 - These procedures apply to a period not exceeding five years, except as authorized by the Joint Commission for longer, and stop the application in a maximum period of the transitional period.
5 - may not apply these procedures to a specific product expiry of a period of more than three years from the date of the abolition of all customs duties, quantitative restrictions, fees and procedures of similar effect on the product concerned.
6 - Egypt is to notify the Joint Committee of any exceptional measures intended to apply, at the request of Turkey hold consultations within the Joint Committee on the actions and the sectors concerned, and before the application. In adopting such procedures, provided Egypt Joint Commission for a timetable for the abolition of customs duties imposed under this article. This table shows the phasing out of these tariffs at an annual rate equal, so that it starts the cancellation no later than two years of application. And the Joint Commission to approve a timetable different.
Article (15) dumping
If there is one side of dumping in its trade with the other party within the meaning of the provisions of Article 6 of the GATT 1994, one could take appropriate action against this practice in accordance with Article 6 of the GATT 1994 and the rules set forth in the agreements related to this article.
Article (16) Preventive action
1 - in the case of the importation of any product within the territory of any of the parties in increasing amounts, each Party reserves its rights and obligations in accordance with Article 19 of GATT 1994 and WTO Agreement of preventive action. This Convention does not grant any additional rights or obligations of the parties with regard to preventive action.
2 - The Parties shall apply the provisions of Article 19 of GATT 1994 and WTO Agreement on preventive actions.
Article (17) re-export and serious lack of
1 - When compliance with the provisions of Article 7 and 8 to:
(A) re-export to a third State Party shall apply the source for the product concerned, quantitative export restrictions against them, or export duties or measures with equivalent effect, or
(B) a serious shortage, or threat of such occurrence, the major producer of the exporting Party,
And when, or is likely to be discharged, the cases referred to the major difficulties for the Party of origin, hence this party to take appropriate action in accordance with the procedures described in paragraph (2) of this article.
2 - the difficulties arising from the cases referred to in paragraph (1) of this article to the Joint Commission for examination. The Commission can take any decisions necessary to put an end to these difficulties. If you do not take such decisions within thirty days of the referral of the matter to it, it could be the party of origin to apply appropriate measures on the export of the product concerned. The proceedings must be non-discriminatory, and that remains when the circumstances do not justify its continuation.
Article (18) General exceptions
Nothing in this Convention shall prevent the ban or restrict imports, exports or goods in transit to considerations of public morality, public policy or public security, or to protect the health and life of humans, animals or plants, or for the protection of national treasures of artistic value, historical or archaeological sites, or for the protection of intellectual property rights, industrial and commercial, should not pose any such restrictions or prohibitions and means of arbitrary discrimination or disguised restrictions on the movement of trade between the two parties.
Article (19) balance of payments difficulties
When confronted with any of the parties or exposed to the risk of facing serious difficulties concerning the balance of payments, the Party concerned may in accordance with the case may be, and in compliance with the conditions set out in the framework of the WTO and GATT, 14,8, and articles of the Convention on the International Monetary Fund, to take restrictive measures shall be for a limited period shall not exceed the time required to address the balance of payments position. The Party concerned shall immediately notify the other party to these procedures and provide a timetable at the earliest opportunity to remove those actions.
Article (20) rules of origin and cooperation between customs administrations
1 - The Parties will apply preferential rules of origin within the Euro-Mediterranean cumulation of origin for trade between them.
2 - The protocol sets (3) rules of origin and methods of administrative cooperation.
Chapter IV
State monopolies, and competition rules, and the provisions of payments and other economic provisions
Article (21) Payments and Transfers
The Parties undertake to allow any payments that are the result of their trade in goods and services and the rights of non-physical goods in a convertible currency, in line with the national legislation of both parties.
Article (22) Click here for competition rules
1 - The following are incompatible with the proper functioning of the Convention, as far as its impact on trade between the two parties:
(A) all agreements between enterprises, and the decisions of the Assemblies of projects, and practices coordinated between the projects, which have as their object or effect the prevention, restriction or distortion of competition;
(B) abuse by one or more projects to develop a dominant position in the territories of the parties as a whole or in substantial part thereof;
(C) any public aid distorts or threatens to distort competition by favoring certain projects or the production of certain goods.
2 - the Joint Committee within five years of the entry into force, adopt the rules necessary to implement paragraph (1) of this article. Until the adoption of these rules, the provisions of Article 23 concerning the implementation of paragraph (1 - c) of this article.
3 - Each Party shall ensure transparency in government subsidies, including the provision of an annual report of the other Party the total amount of aid granted and distribution, and to provide information upon request for aid projects, and at the request of one Party, the Party shall provide the other information on particular individual cases of public aid .
4 - if it is considered one of the parties to a particular practice contrary to the requirements of paragraph (1) of this article, and they were:
(A) not adequately addressed under the implementing rules referred to in paragraph (2) of this article, or
(B) in the absence of such rules or in the event that causes this action a threat to the interests of the events of the risk of the other Party or material injury to its domestic industry, including the service industry.
That Party may take appropriate measures after consultation within the Joint Commission, or after the expiration of thirty days subsequent to the referral for consultation.
And with respect to practices that do not comply with paragraph (1 - c) of this Article, such appropriate action, when applied by the WTO rules, can be adopted only in accordance with the procedures and conditions established by the World Trade Organization or any other relevant instrument negotiated under its auspices and applied by the parties.
5 - an exception to any provisions of a different approved consistent with this Article, the Parties shall exchange information mindful of the restrictions under the requirements of professional secrecy and secrets of business.
Article (23) support
1 - The rights and obligations of the parties for support subject to the provisions of Articles 6 and Article 16 of GATT 1994, WTO Agreement on Subsidies and Countervailing Measures and the WTO agreement on agriculture.
2 - if you found one of the parties that the support granted to affect bilateral trade, would be entitled to this party to take appropriate action in accordance with the agreements referred to in this article.
Article (24) Intellectual Property Rights
1 - gives the parties and ensures adequate protection and effective, and non-discriminatory treatment of intellectual property rights, including measures to strengthen these rights against violation and including counterfeiting and piracy, in accordance with the provisions of this Article and the relevant international conventions.
2 - gives both parties the citizens of the other Party treatment no less favorable than that accorded to its citizens. It must be exceptions to this obligation in accordance with the basic provisions of Article (3) of the Convention on the Protection of Intellectual Property to the World Trade Organization (TRIPS).
3 - Parties to this Convention provides for the citizens of each treatment no less favorable than that accorded to nationals of any third State. The exceptions from this obligation must be in accordance with the basic provisions of the agreement to protect intellectual property and in particular articles (4 and 5) of them.
4 - The periodic review of the parties to implement this article, and in the event of any problems in the field of intellectual property may affect the trading conditions, it must be immediate consultations with a view to reaching solutions satisfactory to both parties.
Article (25) State monopolies
1 - The parties are increasingly adapting any State monopolies of a commercial nature so as to ensure the end of the fifth year of the entry into force, the absence of any discrimination in terms of buying and marketing of goods among the people of both parties.
2 - must be notified to the Joint Committee procedures that are approved for this purpose.
Article (26) Government Procurement
The parties agree on the progressive liberalization of government procurement and the Joint Committee will hold consultations to achieve this goal.
Article (27) Rules Technical Specifications
1 - that the rights and obligations of the parties with respect to technical systems, standards and the adoption of conformity, subject to the WTO Agreement on technical barriers to trade.
2 - The Parties shall promote cooperation in the field of technical regulations and standards and the adoption of conformity, in order to increase mutual understanding of their regulations, facilitating access to their markets, and the parties in consultation through the Joint Committee to implement the objectives contained in this Article.
3 - Without prejudice to paragraph (1) The parties agree to hold immediate consultations in the framework of the Joint Commission, in the event that one party has taken actions that lead to the creation or actually created barriers to trade; with a view to finding a solution compatible with the rules of the WTO technical obstacles to trade.
Article (28) Investment Promotion
Chapter V
Chapter VI
A free trade zone between the Arab Republic of Egypt
And the Turkish Republic
The Governments of the Arab Republic of Egypt and the Turkish Republic (hereinafter referred to as "the Parties" or "Turkey" and "Egypt").
Desire to develop and strengthen the existing friendly relations between them, and, in particular in the areas of economic cooperation and trade, in order to contribute to the development of economic cooperation between the two countries, and to increase the areas of trade between them;
Confirming the intention of the parties to participate actively in the process of economic integration in Europe and the Mediterranean region, in line with the Declaration of Barcelona;
As an expression of willingness of the parties to cooperate in finding ways and means to strengthen this process;
Aware of the need for concerted efforts to promote political stability and economic development in the region through the promotion of regional cooperation;
Taking into account the agreement on establishing a union between Turkey and the European Economic Community and the Euro-Mediterranean Agreement establishing a union between the European Community and the member States and Egypt;
And a declaration of willingness of the parties to take action for the development of their trade, and expand and diversify mutual cooperation between them in all areas of common concern, including areas not mentioned in the Convention, to create a framework and an environment conducive basis of equality and non-discrimination, and balance of rights and duties;
With reference to the common interest of both parties in support of the multilateral trading system, and taking into account that the provisions of the General Agreement on Tariffs and Trade in 1994, referred to in this Agreement as "GATT 1994", the World Trade Organization, constitute a basis for foreign trade policy of the two countries;
Taking into account the rights and obligations of the parties arising from the provisions of the GATT 1994 and the World Trade Organization;
Decided for this purpose, the provisions aimed at eliminating all trade barriers between the two countries in accordance with the provisions of this Convention, and, in particular barriers to the free trade zone between the parties;
Believing that the development of trade and cooperation in economic and technical fields is one of the key elements of strategies for rapid development in both countries;
Have decided to reach these objectives, the following conclusion of the Convention (hereinafter referred to as the word "Convention").
Article (1) Objectives
1 - The Parties shall establish them progressively free trade area over a transitional period not exceeding twelve years of entry into force, in accordance with the provisions of this Agreement and consistent with Article 24 of GATT 1994 and the other multilateral agreements for trade in goods annexed to the Convention Establishing the World Trade Organization .
2 - The objectives of this Convention are:
A - Increase and enhance economic cooperation between the two parties in order to raise the standard of living of their peoples.
B - the removal of obstacles and restrictions on trade in goods, including agricultural commodities.
C - the development of economic relations is consistent between the parties through increased trade between them.
D - To provide fair conditions of competition in trade between the two parties.
E - the creation of conditions conducive to increase and encourage investment, particularly to increase joint investments in both parties.
And - the development of trade and cooperation between the two parties in the markets in third countries.
Article (2) the basic tax and classification of goods
1 - The Parties will apply to trade between them in the scope of this Convention tariff rates in their own classification, striking of goods.
2 - The tariffs applied to each product that is making the tariff reduction by the sequential and defined in this Convention, in accordance with the MFN tariff applied on both sides in force in January 2005.
3 - if applied, any tariff reductions after the first January 2005, and in particular reductions resulting from the tariff negotiations in the framework of the WTO negotiations, these reduced fees will replace the fees referred to in paragraph (2) of this Article as of the date of the application of these reductions.
4 - The Parties shall each other categories of customs duties on them.
Chapter I
Industrial goods
Article (3) scope of the Convention
Provisions of this chapter apply to products originating within the boundaries of any of the parties, and included in chapters 25 to 97 of the Harmonized Commodity classification, with the exception of products listed in Annex No. 1 to this Convention.
Article (4) customs duties on imports and charges having equivalent effect
1 - abolished customs duties and charges having equivalent effect on imports in accordance with the provisions of Protocol No. (1) the annex to this Convention.
2 - As of the date of entry into force of this Convention, does not impose new tariffs on imports or any other charges having equivalent effect, and we will not raise taxes applicable to trade between the parties.
Article (5) the customs duties of a financial nature
Is also the application of provisions concerning the abolition of customs duties on imports, customs duties of a financial nature.
Article (6) quantitative restrictions on imports and measures having equivalent effect
1 - is the abolition of all quantitative restrictions on imports and measures having equivalent effect between the parties in the history of the Convention's entry into force.
2 - will not impose any new quantitative restrictions on imports or measures having equivalent effect on trade between the parties as of the date of entry into force.
Article (7) the customs duties on exports and charges having equivalent effect
1 - is the abolition of all customs duties and charges having equivalent effect on exports between the parties once the agreement enters into force.
2 - will not impose new tariffs on exports or other charges having equivalent effect on trade between the parties as of the date the agreement enters into force.
Article (8) quantitative restrictions on exports and measures having equivalent effect
1 - is the abolition of all quantitative restrictions on exports and any actions of a similar effect between the parties when the Convention enters into force.
2 - will not impose any new quantitative restrictions on exports or measures having equivalent effect on trade between the parties as of the date of entry into force.
Chapter II
Agricultural products, processed agricultural and fishery products
Article (9) scope of the Convention
1 - The provisions of this chapter on agricultural products and processed agricultural products and fishery products originating in the territory of any of the parties.
2 -, the term "agricultural products and processed agricultural and fishery products" in this Agreement (hereinafter referred to as agricultural products) of products listed in chapters 1 to 24 of the harmonized customs tariff and listed in Annex 1 "of this Convention.
Article (10) the exchange of concessions
1 - The parties to this Convention Astaadadihama speed and as permitted by their policies of agricultural work on the consistency of the development of bilateral trade in agricultural products and discuss a regular basis in the Joint Commission.
2 - to achieve this goal, the Protocol No. (2) of this Convention defines the privileges granted, which was agreed upon to facilitate trade in agricultural products between the parties.
3 - taking into account the role of agriculture in the economy of the parties, and the development of trade in agricultural products between the parties, as well as rules on agricultural policy have, the parties sustained liberalization of their trade in the trade of agricultural and fishery products and agricultural goods of interest to both parties.
4 - The Parties shall review the situation at the annual meeting of the Joint Committee, in order to achieve the goal contained in paragraph (3) of this Article, taking into account developments in agricultural trade liberalization within the WTO.
5 - The Joint Commission shall notify the parties of any changes in their policies or their actions applied agricultural, which could affect the trade of agricultural commodities exchanged between them in the scope of this Convention. Consultations may be conducted immediately by the Joint Commission to discuss the situation and at the request of either party.
Article (11) procedures for SPS
Should not be on both sides of the Convention apply their own procedures sanitary and phytosanitary arbitrary or discriminatory or unjustified restrictions undeclared trade between them. And the parties to the Convention apply their own procedures in accordance with the health provisions and procedures of the GATT 1994 and other agreements of the WTO on this matter.
Chapter III
GENERAL PROVISIONS
Article (12) internal taxes
1 - The Parties undertake to apply the procedure of internal taxes and other charges in accordance with Article (3) of GATT 1994 and WTO agreements and related to the matter.
2 - does not benefit the exporters responded internal taxes in excess of the value of direct taxes or indirect restrictions on goods that are exported within the area of any of the parties.
Article) 13) trade relations are governed by other conventions
1 - does not preclude the establishment or maintenance of customs unions or free trade zones, or special arrangements for border trade of both parties with third countries as long as it does not affect negatively on the trade regime, especially the provisions on rules of origin in accordance with this Convention.
2 - The consultation between the parties in the framework of the Joint Committee concerning agreements establishing customs unions or free trade areas, and be consulted upon request of either side, so for the other key issues related to Bsiasthma trade with third countries, these consultations will be to ensure that it was taking into account mutual interests between the parties to this Convention.
Article (14) of structural adjustment
1 - Egypt may take exceptional measures of limited duration, an increase of customs duties. Exception of the provisions of Article IV of this Convention.
2 - limited application of these procedures the special infant industries or sectors undergoing restructuring or facing serious difficulties, particularly where these involve difficulties on the social problems.
3 - shall not exceed the customs duties applicable to imports from Egypt of products originating in Turkey, which have been imposed under these procedures 25% of the value, and should maintain the preferential margin for products originating in Turkey. Shall not exceed the total value of imports of products subject to these procedures 20% of the total imports of industrial products from Turkey, as described in Article No. (3), during the latest year for which statistics are available.
4 - These procedures apply to a period not exceeding five years, except as authorized by the Joint Commission for longer, and stop the application in a maximum period of the transitional period.
5 - may not apply these procedures to a specific product expiry of a period of more than three years from the date of the abolition of all customs duties, quantitative restrictions, fees and procedures of similar effect on the product concerned.
6 - Egypt is to notify the Joint Committee of any exceptional measures intended to apply, at the request of Turkey hold consultations within the Joint Committee on the actions and the sectors concerned, and before the application. In adopting such procedures, provided Egypt Joint Commission for a timetable for the abolition of customs duties imposed under this article. This table shows the phasing out of these tariffs at an annual rate equal, so that it starts the cancellation no later than two years of application. And the Joint Commission to approve a timetable different.
Article (15) dumping
If there is one side of dumping in its trade with the other party within the meaning of the provisions of Article 6 of the GATT 1994, one could take appropriate action against this practice in accordance with Article 6 of the GATT 1994 and the rules set forth in the agreements related to this article.
Article (16) Preventive action
1 - in the case of the importation of any product within the territory of any of the parties in increasing amounts, each Party reserves its rights and obligations in accordance with Article 19 of GATT 1994 and WTO Agreement of preventive action. This Convention does not grant any additional rights or obligations of the parties with regard to preventive action.
2 - The Parties shall apply the provisions of Article 19 of GATT 1994 and WTO Agreement on preventive actions.
Article (17) re-export and serious lack of
1 - When compliance with the provisions of Article 7 and 8 to:
(A) re-export to a third State Party shall apply the source for the product concerned, quantitative export restrictions against them, or export duties or measures with equivalent effect, or
(B) a serious shortage, or threat of such occurrence, the major producer of the exporting Party,
And when, or is likely to be discharged, the cases referred to the major difficulties for the Party of origin, hence this party to take appropriate action in accordance with the procedures described in paragraph (2) of this article.
2 - the difficulties arising from the cases referred to in paragraph (1) of this article to the Joint Commission for examination. The Commission can take any decisions necessary to put an end to these difficulties. If you do not take such decisions within thirty days of the referral of the matter to it, it could be the party of origin to apply appropriate measures on the export of the product concerned. The proceedings must be non-discriminatory, and that remains when the circumstances do not justify its continuation.
Article (18) General exceptions
Nothing in this Convention shall prevent the ban or restrict imports, exports or goods in transit to considerations of public morality, public policy or public security, or to protect the health and life of humans, animals or plants, or for the protection of national treasures of artistic value, historical or archaeological sites, or for the protection of intellectual property rights, industrial and commercial, should not pose any such restrictions or prohibitions and means of arbitrary discrimination or disguised restrictions on the movement of trade between the two parties.
Article (19) balance of payments difficulties
When confronted with any of the parties or exposed to the risk of facing serious difficulties concerning the balance of payments, the Party concerned may in accordance with the case may be, and in compliance with the conditions set out in the framework of the WTO and GATT, 14,8, and articles of the Convention on the International Monetary Fund, to take restrictive measures shall be for a limited period shall not exceed the time required to address the balance of payments position. The Party concerned shall immediately notify the other party to these procedures and provide a timetable at the earliest opportunity to remove those actions.
Article (20) rules of origin and cooperation between customs administrations
1 - The Parties will apply preferential rules of origin within the Euro-Mediterranean cumulation of origin for trade between them.
2 - The protocol sets (3) rules of origin and methods of administrative cooperation.
Chapter IV
State monopolies, and competition rules, and the provisions of payments and other economic provisions
Article (21) Payments and Transfers
The Parties undertake to allow any payments that are the result of their trade in goods and services and the rights of non-physical goods in a convertible currency, in line with the national legislation of both parties.
Article (22) Click here for competition rules
1 - The following are incompatible with the proper functioning of the Convention, as far as its impact on trade between the two parties:
(A) all agreements between enterprises, and the decisions of the Assemblies of projects, and practices coordinated between the projects, which have as their object or effect the prevention, restriction or distortion of competition;
(B) abuse by one or more projects to develop a dominant position in the territories of the parties as a whole or in substantial part thereof;
(C) any public aid distorts or threatens to distort competition by favoring certain projects or the production of certain goods.
2 - the Joint Committee within five years of the entry into force, adopt the rules necessary to implement paragraph (1) of this article. Until the adoption of these rules, the provisions of Article 23 concerning the implementation of paragraph (1 - c) of this article.
3 - Each Party shall ensure transparency in government subsidies, including the provision of an annual report of the other Party the total amount of aid granted and distribution, and to provide information upon request for aid projects, and at the request of one Party, the Party shall provide the other information on particular individual cases of public aid .
4 - if it is considered one of the parties to a particular practice contrary to the requirements of paragraph (1) of this article, and they were:
(A) not adequately addressed under the implementing rules referred to in paragraph (2) of this article, or
(B) in the absence of such rules or in the event that causes this action a threat to the interests of the events of the risk of the other Party or material injury to its domestic industry, including the service industry.
That Party may take appropriate measures after consultation within the Joint Commission, or after the expiration of thirty days subsequent to the referral for consultation.
And with respect to practices that do not comply with paragraph (1 - c) of this Article, such appropriate action, when applied by the WTO rules, can be adopted only in accordance with the procedures and conditions established by the World Trade Organization or any other relevant instrument negotiated under its auspices and applied by the parties.
5 - an exception to any provisions of a different approved consistent with this Article, the Parties shall exchange information mindful of the restrictions under the requirements of professional secrecy and secrets of business.
Article (23) support
1 - The rights and obligations of the parties for support subject to the provisions of Articles 6 and Article 16 of GATT 1994, WTO Agreement on Subsidies and Countervailing Measures and the WTO agreement on agriculture.
2 - if you found one of the parties that the support granted to affect bilateral trade, would be entitled to this party to take appropriate action in accordance with the agreements referred to in this article.
Article (24) Intellectual Property Rights
1 - gives the parties and ensures adequate protection and effective, and non-discriminatory treatment of intellectual property rights, including measures to strengthen these rights against violation and including counterfeiting and piracy, in accordance with the provisions of this Article and the relevant international conventions.
2 - gives both parties the citizens of the other Party treatment no less favorable than that accorded to its citizens. It must be exceptions to this obligation in accordance with the basic provisions of Article (3) of the Convention on the Protection of Intellectual Property to the World Trade Organization (TRIPS).
3 - Parties to this Convention provides for the citizens of each treatment no less favorable than that accorded to nationals of any third State. The exceptions from this obligation must be in accordance with the basic provisions of the agreement to protect intellectual property and in particular articles (4 and 5) of them.
4 - The periodic review of the parties to implement this article, and in the event of any problems in the field of intellectual property may affect the trading conditions, it must be immediate consultations with a view to reaching solutions satisfactory to both parties.
Article (25) State monopolies
1 - The parties are increasingly adapting any State monopolies of a commercial nature so as to ensure the end of the fifth year of the entry into force, the absence of any discrimination in terms of buying and marketing of goods among the people of both parties.
2 - must be notified to the Joint Committee procedures that are approved for this purpose.
Article (26) Government Procurement
The parties agree on the progressive liberalization of government procurement and the Joint Committee will hold consultations to achieve this goal.
Article (27) Rules Technical Specifications
1 - that the rights and obligations of the parties with respect to technical systems, standards and the adoption of conformity, subject to the WTO Agreement on technical barriers to trade.
2 - The Parties shall promote cooperation in the field of technical regulations and standards and the adoption of conformity, in order to increase mutual understanding of their regulations, facilitating access to their markets, and the parties in consultation through the Joint Committee to implement the objectives contained in this Article.
3 - Without prejudice to paragraph (1) The parties agree to hold immediate consultations in the framework of the Joint Commission, in the event that one party has taken actions that lead to the creation or actually created barriers to trade; with a view to finding a solution compatible with the rules of the WTO technical obstacles to trade.
Article (28) Investment Promotion
Chapter V
Chapter VI
