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Council Regulation (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other Official Journal L 250 , 01/09/1987 P. 0001 - 0111

COUNCIL REGULATION (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas Association or Co-operation Agreements have been concluded between the European Economic Community, of the one part, and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey of the other part; Whereas the Protocols to the aforementioned Agreements which are to be concluded consequent on the accession of Spain and Portugal to the Community are to be approved by the Contracting Parties in accordance with their own procedures; Whereas, pending completion of those procedures, without which the said Protocols cannot enter into force, the arrangements for trade between Spain and Portugal on the one hand and the countries in question on the other, which are to replace the arrangements laid down by Regulation (EEC) No 449/86 (1) should be laid down, HAS ADOPTED THIS REGULATION: Article 1 The Kingdom of Spain and the Portuguese Republic shall apply to trade in the products covered by the Agreements with Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey respectively, hereinafter referred to as the "Mediterranean non-member countries", the arrangements resulting from those Agreements, subject to the specific provisions set out below. CHAPTER I PROVISIONS APPLICABLE TO THE KINGDOM OF SPAIN Section I General Provisions Article 2 1. On the entry into force of this Regulation, the Kingdom of Spain shall apply to imports of products originating in the Mediterranean non-member countries, other than those listed in Annex I, the same customs duties as it applies to like products from the Community as constituted on 31 December 1985. The provision shall apply in accordance with paragraphs 2 and 3 of this Article and with Article 3. 2. The Kingdom of Spain shall dismantle customs duties on imports originating in the Mediterranean non-member countries, in accordance with the following timetable: - on the date of entry into force of this Regulation, each duty shall be reduced to 77,5 % of the basic duty; - on 1 January 1988 each duty shall be reduced to 62,5 % of the basic duty; - on 1 January 1989 each duty shall be reduced to 47,5 % of the basic duty; - on 1 January 1990 each duty shall be reduced to 35 % of the basic duty; - on 1 January 1991 each duty shall be reduced to 22,5 % of the basic duty; - on 1 January 1992 each duty shall be reduced to 10 % of the basic duty; - the final 10 % reduction shall be made on 1 January 1993. (1) OJ No L 50, 28.2.1986, p. 40. 3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place, by deleting the second decimal. Article 3 1. The basic duty for each product to which the successive reductions provided for in Article 2 (2) are to be applied shall be the duty actually applied by the Kingdom of Spain vis-à-vis the Community on 1 January 1985. 2. By way of derogation from paragraph 1: - in the case of products listed in Annex I, the basic duty shall be the duty applied by the Kingdom of Spain vis-à-vis each of the Mediterranean non-member countries concerned on 1 January 1985; - in the case of the following products the basic duties shall be those indicated: >PIC FILE= "T0044848"> Article 4 Should the Kingdom of Spain suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged under the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the Mediterranean non-member countries, other than products listed in Annex I. Article 5 1. The Kingdom of Spain shall apply quantitative import restrictions: - until 31 December 1988 for the products listed in Annex II and originating in the Mediterranean non-member countries; - until 31 December 1989 for the products listed in Annex III and originating in the Mediterranean non-member countries. The Kingdom of Spain may also apply quantitative import restrictions until 31 December 1989 to products listed in Annex IV and originating in the Mediterranean non-member countries, provided it applies similar measures vis-à-vis non-preferential third countries. 2. The restrictions referred to in paragraph 1 shall take the form of quotas. 3. The initial quotas are indicated in Annex II, Annex III or Annex IV as appropriate. The quotas listed in Annexes II and IV and quotas 1 - 5 and 10 - 14 in Annex III shall be increased at the beginning of each year by 25 % in the case of ECU quotas and 20 % in the case of volume quotas. Each successive increase shall be added to the quota and the following increase calculated on the basis of the total thus obtained. Quotas 6 - 9 in Annex III shall be increased by 20 % at the beginning of each year. 4. Where it is found that Spanish imports of a product listed in Annex II, III or IV and originating in one of the Mediterranean non-member countries have been less than 90 % of the quota level in two consecutive years, imports of that product originating in the Mediterranean non-member country concerned shall be liberalized at the beginning of the year following the two years in question provided the product concerned is at that time liberalized vis-à-vis the Community as constituted on 31 December 1985. Should the Kingdom of Spain liberalize imports from the Community as constituted on 31 December 1985 of a product listed in Annex II or III, or increase a quota applicable to the Community as constituted on 31 December 1985 by more than the minimum percentage indicated in paragraph 3, it shall also liberalize imports of that product from the Mediterranean non-member countries, or increase the quota proportionately. 5. The Kingdom of Spain shall administer the quotas referred to in paragraph 2 in accordance with the same rules and administrative practics it applies to imports of products originating in the Community as constituted on 31 December 1985. Article 6 1. For products covered by Regulation (EEC) No 3033/80 (1) and originating in the Mediterranean (1) OJ No L 323, 29.11.1980, p. 1. non-member countries, the Kingdom of Spain shall dismantle, as from the entry into force of this Regulation, the customs duty constituting the fixed component of the charge in accordance with the timetable laid down in Article 2 (2), starting from the basic duty indicated in Annex V. 2. For the products referred to in paragraph 1 and originating in Turkey, the Kingdom of Spain shall, from the date of entry into force of this Regulation, apply the preferential rates resulting from the Agreement to the variable component of the charge. Section II Products listed in Annex II to the Treaty Article 7 1. For products originating in the Mediterranean non-member countries and listed in Annex II to the Treaty, the Kingdom of Spain shall, subject to the special provisions laid down below, apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 81,8 % of the initial difference; - on 1 January 1988, the difference shall be reduced to 72,7 % of the initial difference; - on 1 January 1989, the difference shall be reduced to 63,6 % of the initial difference; - on 1 January 1990, the difference shall be reduced to 54,5 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 45,4 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 36,3 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 27,2 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 18,1 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 9,0 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996. 2. The Kingdom of Spain shall postpone application of the preferential arrangements for olive oil, oil seeds and oleaginous fruit covered by Regulation No 136/66/EEC (1) and for products derived therefrom until 31 December 1990. From 1 January 1991, the Kingdom of Spain shall apply to those products a duty which reduces the difference between the duty actually applied on 31 December 1990 and the preferential duty in accordance with the following timetable: - on 1 January 1991, the difference shall be reduced to 83,3 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 66,6 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 49,9 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 33,2 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 16,5 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996. 3. The Kingdom of Spain shall postpone application of the preferential arrangements for fruit and vegetables covered by Regulation (EEC) No 1835/72 (2) until 31 December 1989. From 1 January 1990 the Kingdom of Spain shall apply to those products a duty which reduces the difference between the duty actually applied on 31 December 1989 and the preferential duty in accordance with the following timetable: - on 1 January 1990, the difference shall be reduced to 85,7 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 71,4 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 57,1 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 42,8 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 28,5 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 14,2 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996. 4. The Kingdom of Spain shall apply to fishery products falling within heading or subheading No 03.01, 03.02, 03.03, 16.04, 16.05 or 23.01 B of the Common Customs Tariff a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 75,0 % of the initial difference; (1) OJ No L 172, 30.9.1966, p. 3025/66. (2) OJ No L 118, 20.5.1972, p. 1. - on 1 January 1988, the difference shall be reduced to 62,5 % of the initial difference; - on 1 January 1989, the difference shall be reduced to 50,0 % of the initial difference; - on 1 January 1990, the difference shall be reduced to 37,5 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 25,0 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 12,5 % of the initial difference. The Kingdom of Spain shall apply the preferential rates in full from 1 January 1993. However, for prepared or preserved sardines falling within subheading No 16.04 D of the Common Customs Tariff, the Kingdom of Spain shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the timetable laid down in paragraph 1. 5. The basic duty referred to in paragraph 1 and 4 shall be that defined in Article 3 (1). However, for domestic rabbits falling within subheading No 01.06 A of the Common Customs Tariff, the basic duty shall be set at 6,5 %. Article 8 For the products referred to in Article 7 (1), the Kingdom of Spain shall apply the non-tariff benefits and levy reductions laid down by the Agreements as of the entry into force of this Regulation. Article 9 1. Quantitative restrictions may be applied to imports into Spain of products originating in the Mediterranean non-member countries: a) until 31 December 1989 in respect of the products listed in Annex VI; b) until 31 December 1995 in respect of the products listed in Annex VII; c) in respect of products subject, under Article 81 of the Act of Accession of Spain and Portugal to the Community, to the supplementary mechanism applicable to imports into Spain from the Community as constituted on 31 December 1985, other than products covered by Regulation (EEC) No 1035/72. 2. Until 31 December 1990, quantitative restrictions may be applied to imports into Spain of products originating in Turkey and referred to: - in Article 1 (2) (a) of Regulation No 136/66/EEC, other than soya beans falling within subheading No ex 12.01 B of the Common Customs Tariff: - in Article 1 (2) (b) of Regulation No 136/66/EEC, other than products falling within subheading 15.17 B II or 23.04 B of the Common Customs Tariff. 3. Until 31 December 1992 quantitative restrictions may be applied to imports into Spain of products listed in Annex VIII and originating in the Mediterranean non-member countries. Article 10 In the case of products referred to in Article 7 (1) which are not subject on 1 March 1986 to a common organization of the market, the provisions of the Agreements concerning the elimination of charges having equivalent effect to customs duties and the abolition of quantitative restrictions and measures having equivalent effect shall not apply to such charges, restrictions or measures where they form an integral part of a national organization of the market in Spain at the time of accession to the Community. The provision shall apply only until a common organization of the market is established for such products or until 31 December 1995, whichever is the earlier, and only insofar as is strictly necessary to ensure the functioning of the national organization. Section III Canary Islands and Ceuta and Melilla Article 11 1. Without prejudice to the following provisions, the arrangements for trade between the Canary Islands and Ceuta and Melilla on the one hand and the Mediterranean non-member countries on the other shall be the same as those for trade between the Community and the said countries, provided those countries accord products originating in the Canary Islands and Ceuta and Melilla the same treatment they accord those from the Community. 2. Customs duties applied by the Canary Islands and Ceuta and Melilla to products other than those listed in Annex II to the Treaty and the charge known as "arbitrio insular - tarifa general" existing in the Canary Islands shall be dismantled in respect of products originating in the Mediterranean non-member countries in accordance with the same timetable and arrangements indicated in Articles 2, 3 and 4. 3. Customs duties existing in the Canary Islands and in Ceuta and Melilla with regard to products listed in Annex II to the Treaty and originating in the Mediterran non-member countries shall be aligned progressively on the preferential duties applied by the Community in respect of such products subject to the proviso that those territories may accord more favourable treatment to such products than the Community does. In no case shall duties be dismantled at a faster rate or otherwise than is laid down in Articles 2, 3 and 4. 4. The charge known as "arbitrio insular - tarifa especial" in the Canary Islands shall be abolished in respect of products originating in the Mediterranean non-member countries as of the date of entry into force of this Regulation. However, the said charge may be retained in respect of imports of the products listed in Annex IX at 90 % of the rate therein indicated provided the lower rate is applied uniformly to all imports of the products in question originating in the Mediterranean non-member countries. The charge shall be abolished when it is abolished vis-à-vis the Community. The said charge may at no time be higher than the Spanish Customs Tariff as amended with a view to the phasing in of the Common Customs Tariff. CHAPTER II PROVISIONS APPLICABLE TO THE PORTUGUESE REPUBLIC Section I General provisions Article 12 1. The Portuguese Republic shall abolish customs duties on imports of products originating in the Mediterranean non-member countries as of the entry into force of this Regulation. 2. By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties on imports originating in the Mediterranean non-member countries of the products listed in Annex X in accordance with the following timetable: - on the date of entry into force of this Regulation, each duty shall be reduced to 80 % of the basic duty; - on 1 January 1988 each duty shall be reduced to 65 % of the basic duty; - on 1 January 1989 each duty shall be reduced to 50 % of the basic duty; - on 1 January 1990 each duty shall be reduced to 40 % of the basic duty; - on 1 January 1991 each duty shall be reduced to 30 % of the basic duty; - the final two 15 % reductions shall be made on 1 January 1992 and 1 January 1993. 3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place by deleting the second decimal. Article 13 1. The basic duty for each product to which the successive reductions provided for in Article 12 (2) are to be applied shall be the duty actually applied by the Portuguese Republic vis-à-vis each of the Mediterranean non-member countries on 1 January 1985. 2. By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties on the products listed in Annex XI starting from the basic duties indicated in that Annex, provided the said duties are higher than the duties actually applied by the Portuguese Republic vis-à-vis each of the Mediterranean non-member countries on 1 January 1985. Article 14 Should the Portuguese Republic suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged in the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the Mediterranean non-member countries with the exception of the products listed in Annex X, section B. Article 15 1. Charges having equivalent effect to customs duties applied by the Portuguese Republic to imports originating in the Mediterranean non-member countries shall be abolished on the date of entry into force of this Regulation. 2. The following charges applied by the Portuguese Republic to trade with the Mediterranean non-member countries shall be progressively dismantled in accordance with the timetable indicated: (a) the 0,4 % ad valorem charge applied: - to goods imported temporarily, - to reimported goods (other than containers), - to goods imported under inward processing arrangements allowing drawback of duties paid on the import goods following export of the products obtained, shall be - reduced to 0,2 % on the date of entry into force of this Regulation and - abolished on 1 January 1988; (b) the 0,9 % ad valorem charge applied to goods imported for home use shall be - reduced to 0,6 % on 1 January 1989, - reduced to 0,3 % on 1 January 1990, and - abolished on 1 January 1991. Article 16 1. As of entry into force of this Regulation, the Portuguese Republic shall abolish customs duties of a fiscal nature of the fiscal component of customs duties existing at that date on imports of products originating in the Mediterranean non-member countries. 2. In the case of the products listed in Annex XII, the customs duties of a fiscal nature or fiscal component of customs duties applied by the Portuguese Republic shall be eliminated in accordance with the timetable laid down in Article 12 (2). 3. Should the Portuguese Republic exercise the option open to it under Article 196 (3) of the Act of Accession of replacing a customs duty of a fiscal nature or fiscal component of such a duty by an internal charge, such component as is not covered by that charge shall represent the basic duty to which the successive reductions shall be applied. It shall be dismantled in trade with the Mediterranean non-member countries in accordance with the timetable laid down in Article 12 (2). Article 17 Until 31 December 1987 the Portuguese Republic shall retain quantitative restrictions on imports from the Mediterranean non-member countries of motor vehicles subject to the special arrangements agreed between the Community and the said Portuguese Republic in accordance with Protocol No 18 to the Act of Accession. Article 18 1. For the products covered by Regulation (EEC) No 3033/80 and originating in the Mediterranean non-member countries, the Portuguese Republic shall dismantle the customs duties constituting the fixed component of the charge in accordance with the timetable laid down in Article 12 (2), starting from the basic duty indicated in Annex XIII. 2. For the products which are referred to in paragraph 1 and originate in Turkey, the Portuguese Republic shall, in respect of the variable component of this charge, apply the preferential rates provided for in the Agreement from the date in the first year of the second stage of the transitional arrangements on which the second-stage rules come into force in respect of the commodities whose marketing year starts the latest. Section II Products listed in Annex II to the Treaty Article 19 1. For products listed in Annex II to the Treaty and originating in the Mediterranean non-member countries, the Portuguese Republic shall, subject to the special provisions laid down below, apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 81,8 % of the initial difference; - on 1 January 1988, the difference shall be reduced to 72,7 % of the initial difference; - on 1 January 1989, the difference shall be reduced to 63,6 % of the initial difference; - on 1 January 1990, the difference shall be reduced to 54,5 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 45,4 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 36,3 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 27,2 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 18,1 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 9,0 % of the initial difference. The Portuguese Republic shall apply the preferential rates in full from 1 January 1996. 2. The Portuguese Republic shall postpone application of the preferential arrangements for olive oil, oil seeds and oleaginous fruits covered by Regulation No 136/66/EEC and for products derived therefrom until 31 December 1990. From 1 January 1991 the Portuguese Republic shall apply to those products a duty which reduces the difference between the duty actually applied on 31 December 1990 and the preferential duty in accordance with the following timetable: - on 1 January 1991, the difference shall be reduced to 83,3 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 66,6 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 49,9 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 33,2 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 16,5 % of the initial difference. The Portuguese Republic shall apply the preferential rates in full from 1 January 1996. 3. The Portuguese Republic shall postpone application of the preferential arrangements for products covered by the following Regulations until the beginning of the second stage as defined in Article 260 of the Act of Accession: - Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products (1), - Regulation (EEC) No 805/68 on the common organization of the market in beef and veal (2), - Regulation (EEC) No 1035/72 on the common organization of the market in fruit and vegetables, - Regulation (EEC) No 2727/75 on the common organization of the market in cereals (3), - Regulation (EEC) No 2759/75 on the common organization of the market in pigmeat (4), - Regulation (EEC) No 2771/75 on the common organization of the market in eggs (5), - Regulation (EEC) No 2777/75 on the common organization of the market in poultrymeat (6), - Regulation (EEC) No 1418/76 on the common organization of the market in rice (7), - Regulation (EEC) No 822/87 on the common organization of the market in wine (8). From the beginning of the second stage the Portuguese Republic shall apply a duty to these products which reduces the difference between the duty actually applied at the end of the first stage and the preferential duty in accordance with the following timetable: (i) where the second stage runs for five years: - on 1 January 1991, the difference shall be reduced to 83,3 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 66,6 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 49,9 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 33,2 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 16,5 % of the initial difference; (ii) where the second stage runs for seven years: - on 1 January 1989, the difference shall be reduced to 87,5 % of the initial difference; - on 1 January 1990, the difference shall be reduced to 75,0 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 62,5 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 50,0 % of the initial difference; - on 1 January 1993, the difference shall be reduced to 37,5 % of the initial difference; - on 1 January 1994, the difference shall be reduced to 25,0 % of the initial difference; - on 1 January 1995, the difference shall be reduced to 12,5 % of the initial difference; (iii) The Portuguese Republic shall apply the preferential rates in full from 1 January 1996. 4. The Portuguese Republic shall apply to fishery products falling within heading or subheading No 03.01, 03.02, 03.03, 05.15 A, 16.04, 16.05 or 23.01 B of the Common Customs Tariff and originating in the Mediterranean non-member countries a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 75,0 % of the initial difference; - on 1 January 1988, the difference shall be reduced to 62,5 % of the initial difference; - on 1 January 1989, the difference shall be reduced to 50,0 % of the initial difference; - on 1 January 1990, the difference shall be reduced to 37,5 % of the initial difference; - on 1 January 1991, the difference shall be reduced to 25,0 % of the initial difference; - on 1 January 1992, the difference shall be reduced to 12,5 % of the initial difference. The Portuguese Republic shall apply the preferential rates in full from 1 January 1993. However, for prepared or preserved sardines falling within subheading 16.04 D of the Common Customs Tariff, the Portuguese Republic shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the timetable laid down in paragraph 1. 5. The basic duty referred to in paragraphs 1 and 4 shall be that defined in Article 13 (1). Article 20 For the products referred to in Article 19 (3) the Portuguese Republic shall postpone until the beginning of the second (1) OJ No L 148, 28.6.1968, p. 13. (2) OJ No L 148, 28.6.1968, p. 24. (3) OJ No L 281, 1.11.1975, p. 1. (4) OJ No L 282, 1.11.1975, p. 1. (5) OJ No L 282, 1.11.1975, p. 49. (6) OJ No L 282, 1.11.1975, p. 77. (7) OJ No L 166, 25.6.1976, p. 1. (8) OJ No L 84, 27.3.1987, p. 1. stage, as defined in Article 260 of the Act of Accession, the application of the non-tariff benefits and levy reductions laid down by the Agreements. Article 21 1. Quantitative restrictions may be applied until 31 December 1992 to Portuguese imports originating in the Mediterranean non-member countries of the products listed in Annex XIV. 2. Quantitative restrictions may be retained until 31 December 1995 for Portuguese imports originating in the Mediterranean non-member countries of the products listed in Annex XV. 3. Quantitative restrictions may be applied until 31 December 1990 to Portuguese imports originating in the Mediterranean non-member countries of oil seeds, oleaginous fruits, flour from which the oil has not been extracted and all vegetable oils, other than olive oil intended for human consumption in Portugal's internal market. 4. Quantitative restrictions may be retained until 31 December 1992 for Portuguese imports originating in the Mediterranean non-member countries of the products listed in Annex XVI. Article 22 In the case of products referred to in Article 19 (1) which are not subject on 1 March 1986 to a common organization of the market, the provisions of the Agreements concerning the elimination of charges having equivalent effect to customs duties and the abolition of quantitative restrictions and measures having equivalent effect shall not apply to such charges, restrictions or measures where they form an integral part of a national organization of the market in Portugal at the time of accession. This provision shall apply only until a common organization of the market is established for such products or until 31 December 1995, whichever is the earlier, and only insofar as is strictly necessary to ensure the functioning of the national organization. CHAPTER III GENERAL AND FINAL PROVISIONS Article 23 The Co-operation Council shall make any changes to the origin rules which may be necessary consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community. Article 24 In Article 1 of Regulation (EEC) No 449/86, "Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey" shall be added after "Switzerland". Article 25 This Regulation shall enter into force on 1 September 1987. It shall apply in respect of each Mediterranean non-member country until the individual Protocol referring to the country concerned enters into force. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 August 1987. For the Council The President K. E. TYGESEN ANNEX I List provided for in Article 2 >PIC FILE= "T0044849"> >PIC FILE= "T0044850"> >PIC FILE= "T0044851"> >PIC FILE= "T0044852"> >PIC FILE= "T0044853"> >PIC FILE= "T0044854"> ANNEX II List provided for in the first indent of Article 5 (1) >PIC FILE= "T0044855"> ANNEX III List provided for in second indent of Article 5 (1) >PIC FILE= "T0044856"> >PIC FILE= "T0044857"> >PIC FILE= "T0044858"> >PIC FILE= "T0044859"> >PIC FILE= "T0044860"> >PIC FILE= "T0044861"> >PIC FILE= "T0044862"> ANNEX IV List provided for in the last subparagraph of Article 5 (1) >PIC FILE= "T0044863"> >PIC FILE= "T0044864"> ANNEX V List provided for in Article 6 applicable to all the countries except Turkey >PIC FILE= "T0044865"> >PIC FILE= "T0044866"> >PIC FILE= "T0044867"> >PIC FILE= "T0044868"> >PIC FILE= "T0044869"> >PIC FILE= "T0044870"> >PIC FILE= "T0044871"> >PIC FILE= "T0044872"> >PIC FILE= "T0044873"> List provided for in Article 6 - applicable to Turkey >PIC FILE= "T0044874"> >PIC FILE= "T0044875"> >PIC FILE= "T0044876"> >PIC FILE= "T0044877"> >PIC FILE= "T0044878"> >PIC FILE= "T0044879"> ANNEX VI List provided for in Article 9 (1) (a) >PIC FILE= "T0044880"> >PIC FILE= "T0044881"> >PIC FILE= "T0044882"> >PIC FILE= "T0044883"> ANNEX VII List provided for in Article 9 (1) (b) >PIC FILE= "T0044884"> >PIC FILE= "T0044885"> >PIC FILE= "T0044886"> ANNEX VIII List provided for in Article 9 (3) >PIC FILE= "T0044887"> ANNEX IX List provided for in Article 11 (4) >PIC FILE= "T0044888"> >PIC FILE= "T0044889"> >PIC FILE= "T0044890"> ANNEX X List provided for in Article 12 (2) A. Sensitive products vis-à-vis the Community as constituted on 31 December 1985 >PIC FILE= "T0044891"> >PIC FILE= "T0044892"> >PIC FILE= "T0044893"> >PIC FILE= "T0044894"> >PIC FILE= "T0044895"> >PIC FILE= "T0044896"> >PIC FILE= "T0044897"> >PIC FILE= "T0044898"> >PIC FILE= "T0044899"> >PIC FILE= "T0044900"> >PIC FILE= "T0044901"> >PIC FILE= "T0044902"> >PIC FILE= "T0044903"> >PIC FILE= "T0044904"> >PIC FILE= "T0044905"> >PIC FILE= "T0044906"> >PIC FILE= "T0044907"> >PIC FILE= "T0044908"> >PIC FILE= "T0044909"> >PIC FILE= "T0044910"> >PIC FILE= "T0044911"> >PIC FILE= "T0044912"> >PIC FILE= "T0044913"> >PIC FILE= "T0044914"> >PIC FILE= "T0044915"> >PIC FILE= "T0044916"> >PIC FILE= "T0044917"> >PIC FILE= "T0044918"> >PIC FILE= "T0044919"> >PIC FILE= "T0044920"> >PIC FILE= "T0044921"> B. List of sensitive products vis-à-vis Mediterranean countries: >PIC FILE= "T0044922"> >PIC FILE= "T0044923"> >PIC FILE= "T0044924"> >PIC FILE= "T0044925"> >PIC FILE= "T0044926"> >PIC FILE= "T0044927"> >PIC FILE= "T0044928"> ANNEX XI List provided for in Article 13 (2) >PIC FILE= "T0044929"> >PIC FILE= "T0044930"> >PIC FILE= "T0044931"> >PIC FILE= "T0044932"> >PIC FILE= "T0044933"> >PIC FILE= "T0044934"> >PIC FILE= "T0044935"> ANNEX XII List provided for in Article 16 (2) >PIC FILE= "T0044936"> ANNEX XIII List provided for in Article 18 applicable to all the countries except Turkey >PIC FILE= "T0044937"> >PIC FILE= "T0044938"> >PIC FILE= "T0044939"> >PIC FILE= "T0044940"> >PIC FILE= "T0044941"> >PIC FILE= "T0044942"> >PIC FILE= "T0044943"> >PIC FILE= "T0044944"> >PIC FILE= "T0044945"> List provided for in Article 18 applicable to Turkey >PIC FILE= "T0044946"> >PIC FILE= "T0044947"> >PIC FILE= "T0044948"> >PIC FILE= "T0044949"> >PIC FILE= "T0044950"> >PIC FILE= "T0044951"> ANNEX XIV List provided for in Article 21 (1) >PIC FILE= "T0044952"> >PIC FILE= "T0044953"> >PIC FILE= "T0044954"> >PIC FILE= "T0044955"> >PIC FILE= "T0044956"> >PIC FILE= "T0044957"> >PIC FILE= "T0044958"> >PIC FILE= "T0044959"> ANNEX XV List provided for in Article 21 (2) >PIC FILE= "T0044960"> >PIC FILE= "T0044961"> ANNEX XVI List provided for in Article 21 (4) >PIC FILE= "T0044962"> >PIC FILE= "T0044963">

COUNCIL REGULATION (EEC) No 2573/87 of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Association or Co-operation Agreements have been concluded between the European Economic Community, of the one part, and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey of the other part;

Whereas the Protocols to the aforementioned Agreements which are to be concluded consequent on the accession of Spain and Portugal to the Community are to be approved by the Contracting Parties in accordance with their own procedures;

Whereas, pending completion of those procedures, without which the said Protocols cannot enter into force, the arrangements for trade between Spain and Portugal on the one hand and the countries in question on the other, which are to replace the arrangements laid down by Regulation (EEC) No 449/86 (1) should be laid down,

HAS ADOPTED THIS REGULATION:

Article 1

The Kingdom of Spain and the Portuguese Republic shall apply to trade in the products covered by the Agreements with Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey respectively, hereinafter referred to as the "Mediterranean non-member countries", the arrangements resulting from those Agreements, subject to the specific provisions set out below.

CHAPTER I PROVISIONS APPLICABLE TO THE KINGDOM OF SPAIN

Section I General Provisions

Article 2

1. On the entry into force of this Regulation, the Kingdom of Spain shall apply to imports of products originating in the Mediterranean non-member countries, other than those listed in Annex I, the same customs duties as it applies to like products from the Community as constituted on 31 December 1985. The provision shall apply in accordance with paragraphs 2 and 3 of this Article and with Article 3.

2. The Kingdom of Spain shall dismantle customs duties on imports originating in the Mediterranean non-member countries, in accordance with the following timetable: - on the date of entry into force of this Regulation, each duty shall be reduced to 77,5 % of the basic duty;

- on 1 January 1988 each duty shall be reduced to 62,5 % of the basic duty;

- on 1 January 1989 each duty shall be reduced to 47,5 % of the basic duty;

- on 1 January 1990 each duty shall be reduced to 35 % of the basic duty;

- on 1 January 1991 each duty shall be reduced to 22,5 % of the basic duty;

- on 1 January 1992 each duty shall be reduced to 10 % of the basic duty;

- the final 10 % reduction shall be made on 1 January 1993. (1) OJ No L 50, 28.2.1986, p. 40.

3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place, by deleting the second decimal.

Article 3

1. The basic duty for each product to which the successive reductions provided for in Article 2 (2) are to be applied shall be the duty actually applied by the Kingdom of Spain vis-à-vis the Community on 1 January 1985.

2. By way of derogation from paragraph 1: - in the case of products listed in Annex I, the basic duty shall be the duty applied by the Kingdom of Spain vis-à-vis each of the Mediterranean non-member countries concerned on 1 January 1985;

- in the case of the following products the basic duties shall be those indicated: >PIC FILE= "T0044848">

Article 4

Should the Kingdom of Spain suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged under the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the Mediterranean non-member countries, other than products listed in Annex I.

Article 5

1. The Kingdom of Spain shall apply quantitative import restrictions: - until 31 December 1988 for the products listed in Annex II and originating in the Mediterranean non-member countries;

- until 31 December 1989 for the products listed in Annex III and originating in the Mediterranean non-member countries.

The Kingdom of Spain may also apply quantitative import restrictions until 31 December 1989 to products listed in Annex IV and originating in the Mediterranean non-member countries, provided it applies similar measures vis-à-vis non-preferential third countries.

2. The restrictions referred to in paragraph 1 shall take the form of quotas.

3. The initial quotas are indicated in Annex II, Annex III or Annex IV as appropriate.

The quotas listed in Annexes II and IV and quotas 1 - 5 and 10 - 14 in Annex III shall be increased at the beginning of each year by 25 % in the case of ECU quotas and 20 % in the case of volume quotas. Each successive increase shall be added to the quota and the following increase calculated on the basis of the total thus obtained.

Quotas 6 - 9 in Annex III shall be increased by 20 % at the beginning of each year.

4. Where it is found that Spanish imports of a product listed in Annex II, III or IV and originating in one of the Mediterranean non-member countries have been less than 90 % of the quota level in two consecutive years, imports of that product originating in the Mediterranean non-member country concerned shall be liberalized at the beginning of the year following the two years in question provided the product concerned is at that time liberalized vis-à-vis the Community as constituted on 31 December 1985.

Should the Kingdom of Spain liberalize imports from the Community as constituted on 31 December 1985 of a product listed in Annex II or III, or increase a quota applicable to the Community as constituted on 31 December 1985 by more than the minimum percentage indicated in paragraph 3, it shall also liberalize imports of that product from the Mediterranean non-member countries, or increase the quota proportionately.

5. The Kingdom of Spain shall administer the quotas referred to in paragraph 2 in accordance with the same rules and administrative practics it applies to imports of products originating in the Community as constituted on 31 December 1985.

Article 6

1. For products covered by Regulation (EEC) No 3033/80 (1) and originating in the Mediterranean (1) OJ No L 323, 29.11.1980, p. 1. non-member countries, the Kingdom of Spain shall dismantle, as from the entry into force of this Regulation, the customs duty constituting the fixed component of the charge in accordance with the timetable laid down in Article 2 (2), starting from the basic duty indicated in Annex V.

2. For the products referred to in paragraph 1 and originating in Turkey, the Kingdom of Spain shall, from the date of entry into force of this Regulation, apply the preferential rates resulting from the Agreement to the variable component of the charge.

Section II Products listed in Annex II to the Treaty

Article 7

1. For products originating in the Mediterranean non-member countries and listed in Annex II to the Treaty, the Kingdom of Spain shall, subject to the special provisions laid down below, apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 81,8 % of the initial difference;

- on 1 January 1988, the difference shall be reduced to 72,7 % of the initial difference;

- on 1 January 1989, the difference shall be reduced to 63,6 % of the initial difference;

- on 1 January 1990, the difference shall be reduced to 54,5 % of the initial difference;

- on 1 January 1991, the difference shall be reduced to 45,4 % of the initial difference;

- on 1 January 1992, the difference shall be reduced to 36,3 % of the initial difference;

- on 1 January 1993, the difference shall be reduced to 27,2 % of the initial difference;

- on 1 January 1994, the difference shall be reduced to 18,1 % of the initial difference;

- on 1 January 1995, the difference shall be reduced to 9,0 % of the initial difference.

The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996.

2. The Kingdom of Spain shall postpone application of the preferential arrangements for olive oil, oil seeds and oleaginous fruit covered by Regulation No 136/66/EEC (1) and for products derived therefrom until 31 December 1990.

From 1 January 1991, the Kingdom of Spain shall apply to those products a duty which reduces the difference between the duty actually applied on 31 December 1990 and the preferential duty in accordance with the following timetable: - on 1 January 1991, the difference shall be reduced to 83,3 % of the initial difference;

- on 1 January 1992, the difference shall be reduced to 66,6 % of the initial difference;

- on 1 January 1993, the difference shall be reduced to 49,9 % of the initial difference;

- on 1 January 1994, the difference shall be reduced to 33,2 % of the initial difference;

- on 1 January 1995, the difference shall be reduced to 16,5 % of the initial difference.

The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996.

3. The Kingdom of Spain shall postpone application of the preferential arrangements for fruit and vegetables covered by Regulation (EEC) No 1835/72 (2) until 31 December 1989.

From 1 January 1990 the Kingdom of Spain shall apply to those products a duty which reduces the difference between the duty actually applied on 31 December 1989 and the preferential duty in accordance with the following timetable: - on 1 January 1990, the difference shall be reduced to 85,7 % of the initial difference;

- on 1 January 1991, the difference shall be reduced to 71,4 % of the initial difference;

- on 1 January 1992, the difference shall be reduced to 57,1 % of the initial difference;

- on 1 January 1993, the difference shall be reduced to 42,8 % of the initial difference;

- on 1 January 1994, the difference shall be reduced to 28,5 % of the initial difference;

- on 1 January 1995, the difference shall be reduced to 14,2 % of the initial difference.

The Kingdom of Spain shall apply the preferential rates in full from 1 January 1996.

4. The Kingdom of Spain shall apply to fishery products falling within heading or subheading No 03.01, 03.02, 03.03, 16.04, 16.05 or 23.01 B of the Common Customs Tariff a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 75,0 % of the initial difference; (1) OJ No L 172, 30.9.1966, p. 3025/66. (2) OJ No L 118, 20.5.1972, p. 1.

- on 1 January 1988, the difference shall be reduced to 62,5 % of the initial difference;

- on 1 January 1989, the difference shall be reduced to 50,0 % of the initial difference;

- on 1 January 1990, the difference shall be reduced to 37,5 % of the initial difference;

- on 1 January 1991, the difference shall be reduced to 25,0 % of the initial difference;

- on 1 January 1992, the difference shall be reduced to 12,5 % of the initial difference.

The Kingdom of Spain shall apply the preferential rates in full from 1 January 1993.

However, for prepared or preserved sardines falling within subheading No 16.04 D of the Common Customs Tariff, the Kingdom of Spain shall apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the timetable laid down in paragraph 1.

5. The basic duty referred to in paragraph 1 and 4 shall be that defined in Article 3 (1). However, for domestic rabbits falling within subheading No 01.06 A of the Common Customs Tariff, the basic duty shall be set at 6,5 %.

Article 8

For the products referred to in Article 7 (1), the Kingdom of Spain shall apply the non-tariff benefits and levy reductions laid down by the Agreements as of the entry into force of this Regulation.

Article 9

1. Quantitative restrictions may be applied to imports into Spain of products originating in the Mediterranean non-member countries: a) until 31 December 1989 in respect of the products listed in Annex VI;

b) until 31 December 1995 in respect of the products listed in Annex VII;

c) in respect of products subject, under Article 81 of the Act of Accession of Spain and Portugal to the Community, to the supplementary mechanism applicable to imports into Spain from the Community as constituted on 31 December 1985, other than products covered by Regulation (EEC) No 1035/72.

2. Until 31 December 1990, quantitative restrictions may be applied to imports into Spain of products originating in Turkey and referred to: - in Article 1 (2) (a) of Regulation No 136/66/EEC, other than soya beans falling within subheading No ex 12.01 B of the Common Customs Tariff:

- in Article 1 (2) (b) of Regulation No 136/66/EEC, other than products falling within subheading 15.17 B II or 23.04 B of the Common Customs Tariff.

3. Until 31 December 1992 quantitative restrictions may be applied to imports into Spain of products listed in Annex VIII and originating in the Mediterranean non-member countries.

Article 10

In the case of products referred to in Article 7 (1) which are not subject on 1 March 1986 to a common organization of the market, the provisions of the Agreements concerning the elimination of charges having equivalent effect to customs duties and the abolition of quantitative restrictions and measures having equivalent effect shall not apply to such charges, restrictions or measures where they form an integral part of a national organization of the market in Spain at the time of accession to the Community.

The provision shall apply only until a common organization of the market is established for such products or until 31 December 1995, whichever is the earlier, and only insofar as is strictly necessary to ensure the functioning of the national organization.

Section III Canary Islands and Ceuta and Melilla

Article 11

1. Without prejudice to the following provisions, the arrangements for trade between the Canary Islands and Ceuta and Melilla on the one hand and the Mediterranean non-member countries on the other shall be the same as those for trade between the Community and the said countries, provided those countries accord products originating in the Canary Islands and Ceuta and Melilla the same treatment they accord those from the Community.

2. Customs duties applied by the Canary Islands and Ceuta and Melilla to products other than those listed in Annex II to the Treaty and the charge known as "arbitrio insular - tarifa general" existing in the Canary Islands shall be dismantled in respect of products originating in the Mediterranean non-member countries in accordance with the same timetable and arrangements indicated in Articles 2, 3 and 4.

3. Customs duties existing in the Canary Islands and in Ceuta and Melilla with regard to products listed in Annex II to the Treaty and originating in the Mediterran non-member countries shall be aligned progressively on the preferential duties applied by the Community in respect of such products subject to the proviso that those territories may accord more favourable treatment to such products than the Community does.

In no case shall duties be dismantled at a faster rate or otherwise than is laid down in Articles 2, 3 and 4.

4. The charge known as "arbitrio insular - tarifa especial" in the Canary Islands shall be abolished in respect of products originating in the Mediterranean non-member countries as of the date of entry into force of this Regulation.

However, the said charge may be retained in respect of imports of the products listed in Annex IX at 90 % of the rate therein indicated provided the lower rate is applied uniformly to all imports of the products in question originating in the Mediterranean non-member countries. The charge shall be abolished when it is abolished vis-à-vis the Community.

The said charge may at no time be higher than the Spanish Customs Tariff as amended with a view to the phasing in of the Common Customs Tariff.

CHAPTER II PROVISIONS APPLICABLE TO THE PORTUGUESE REPUBLIC

Section I General provisions

Article 12

1. The Portuguese Republic shall abolish customs duties on imports of products originating in the Mediterranean non-member countries as of the entry into force of this Regulation.

2. By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties on imports originating in the Mediterranean non-member countries of the products listed in Annex X in accordance with the following timetable: - on the date of entry into force of this Regulation, each duty shall be reduced to 80 % of the basic duty;

- on 1 January 1988 each duty shall be reduced to 65 % of the basic duty;

- on 1 January 1989 each duty shall be reduced to 50 % of the basic duty;

- on 1 January 1990 each duty shall be reduced to 40 % of the basic duty;

- on 1 January 1991 each duty shall be reduced to 30 % of the basic duty;

- the final two 15 % reductions shall be made on 1 January 1992 and 1 January 1993.

3. The duties calculated in accordance with paragraph 2 shall be rounded down to one decimal place by deleting the second decimal.

Article 13

1. The basic duty for each product to which the successive reductions provided for in Article 12 (2) are to be applied shall be the duty actually applied by the Portuguese Republic vis-à-vis each of the Mediterranean non-member countries on 1 January 1985.

2. By way of derogation from paragraph 1, the Portuguese Republic shall dismantle customs duties on the products listed in Annex XI starting from the basic duties indicated in that Annex, provided the said duties are higher than the duties actually applied by the Portuguese Republic vis-à-vis each of the Mediterranean non-member countries on 1 January 1985.

Article 14

Should the Portuguese Republic suspend customs duties on imports from the Community as constituted on 31 December 1985 or reduce them more rapidly than envisaged in the timetable laid down, it shall also suspend or reduce by the same percentage the customs duties applying to like products originating in the Mediterranean non-member countries with the exception of the products listed in Annex X, section B.

Article 15

1. Charges having equivalent effect to customs duties applied by the Portuguese Republic to imports originating in the Mediterranean non-member countries shall be abolished on the date of entry into force of this Regulation.

2. The following charges applied by the Portuguese Republic to trade with the Mediterranean non-member countries shall be progressively dismantled in accordance with the timetable indicated: (a) the 0,4 % ad valorem charge applied: - to goods imported temporarily,

- to reimported goods (other than containers),

- to goods imported under inward processing arrangements allowing drawback of duties paid on the import goods following export of the products obtained,

shall be - reduced to 0,2 % on the date of entry into force of this Regulation and

- abolished on 1 January 1988;

(b) the 0,9 % ad valorem charge applied to goods imported for home use shall be - reduced to 0,6 % on 1 January 1989,

- reduced to 0,3 % on 1 January 1990, and

- abolished on 1 January 1991.

Article 16

1. As of entry into force of this Regulation, the Portuguese Republic shall abolish customs duties of a fiscal nature of the fiscal component of customs duties existing at that date on imports of products originating in the Mediterranean non-member countries.

2. In the case of the products listed in Annex XII, the customs duties of a fiscal nature or fiscal component of customs duties applied by the Portuguese Republic shall be eliminated in accordance with the timetable laid down in Article 12 (2).

3. Should the Portuguese Republic exercise the option open to it under Article 196 (3) of the Act of Accession of replacing a customs duty of a fiscal nature or fiscal component of such a duty by an internal charge, such component as is not covered by that charge shall represent the basic duty to which the successive reductions shall be applied. It shall be dismantled in trade with the Mediterranean non-member countries in accordance with the timetable laid down in Article 12 (2).

Article 17

Until 31 December 1987 the Portuguese Republic shall retain quantitative restrictions on imports from the Mediterranean non-member countries of motor vehicles subject to the special arrangements agreed between the Community and the said Portuguese Republic in accordance with Protocol No 18 to the Act of Accession.

Article 18

1. For the products covered by Regulation (EEC) No 3033/80 and originating in the Mediterranean non-member countries, the Portuguese Republic shall dismantle the customs duties constituting the fixed component of the charge in accordance with the timetable laid down in Article 12 (2), starting from the basic duty indicated in Annex XIII.

2. For the products which are referred to in paragraph 1 and originate in Turkey, the Portuguese Republic shall, in respect of the variable component of this charge, apply the preferential rates provided for in the Agreement from the date in the first year of the second stage of the transitional arrangements on which the second-stage rules come into force in respect of the commodities whose marketing year starts the latest.

Section II Products listed in Annex II to the Treaty

Article 19

1. For products listed in Annex II to the Treaty and originating in the Mediterranean non-member countries, the Portuguese Republic shall, subject to the special provisions laid down below, apply a duty which reduces the difference between the basic duty and the preferential duty in accordance with the following timetable: - on the date of entry into force of this Regulation, the difference shall be reduced to 81,8 % of the initial difference;