NOTE

Euro Mediterranean Agreement establishing an Association between the European
Communities and their Member States, of the one part, and the Hashemite Kingdom
of Jordan, of the other part

Delegations will find attached the Final Act to the above Agreement, as finalized by the Legal/Linguistic Experts' Working Party.

FINAL ACT

The plenipotentiaries of:

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the European Community and the Treaty establishing the European Coal and Steel Community, 

hereinafter referred to as "the Member States", and

of the EUROPEAN COMMUNITY and the EUROPEAN COAL AND STEEL COMMUNITY,

hereinafter referred to as "the Community",

of the one part, and

the plenipotentiaries of the HASHEMITE KINGDOM OF JORDAN,

hereinafter referred to as "Jordan",

of the other part,

Meeting at Brussels on 24.11.1997 for the signature of the Euro Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, hereinafter referred to as "Euro Mediterranean Agreement", have adopted the following texts:

the Euro-Mediterranean Agreement, the Annexes thereto and the following Protocols:

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Jordan have adopted the texts of the Joint Declarations listed below and annexed to this Final Act:

Joint Declaration relating to Article 28 of the Agreement

Joint Declaration relating to Articles 51 and 52 of the Agreement

Joint Declaration on intellectual, industrial and commercial property (Article 56 and Annex VII)

Joint Declaration relating to Article 62 of the Agreement

Joint Declaration on decentralized cooperation

Joint Declaration relating to Title VII of the Agreement

Joint Declaration relating to Article 101 of the Agreement

Joint Declaration on workers

Joint Declaration on cooperation for the prevention and control of illegal immigration

Joint Declaration on the protection of data

Joint Declaration concerning the Principality of Andorra

Joint Declaration concerning the Republic of San Marino.

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of Jordan have also taken note of the Agreement in the form of an Exchange of Letters mentioned below and attached to this Final Act: 

Agreement in the form of an Exchange of Letters between the Community and Jordan concerning imports into the Community of fresh cut flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

  JOINT DECLARATIONS
 JOINT DECLARATION ON ARTICLE 28

In order to encourage the progressive establishment of a comprehensive Euro Mediterranean free trade area, in line with the conclusions of the Cannes European Council and those of the Barcelona Conference, the Parties:
 

  JOINT DECLARATION RELATING TO ARTICLES 51 AND 52

If, during the progressive implementation of the Agreement, Jordan experiences serious balance of payments difficulties, Jordan and the Community may hold consultations to work out the best ways and means of helping Jordan cope with these difficulties.

Such consultations will take place in conjunction with the International Monetary Fund.

JOINT DECLARATION ON INTELLECTUAL, INDUSTRIAL AND COMMERCIAL PROPERTY (ARTICLE 56 AND ANNEX VII)

For the purpose of this Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, patents, industrial designs, geographical indications, including appellations of origin, trademarks and service marks, topographies of integrated circuits, as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and protection of undisclosed information on "know-how".

JOINT DECLARATION ON ARTICLE 62

The Parties reaffirm their commitment to the Middle East peace process and their belief that peace should be consolidated through regional cooperation.  The Community is prepared to support joint development projects submitted by Jordan and other regional parties, subject to relevant Community technical and budgetary procedures.

JOINT DECLARATION ON DECENTRALIZED COOPERATION

 JOINT DECLARATION RELATING TO TITLE VII

JOINT DECLARATION RELATING TO  ARTICLE 101

The Parties agree, for the purposes of the correct interpretation and practical application of the Agreement, that the cases of special urgency referred to in Article 101 of the Agreement mean cases of substantial violation of the Agreement by one of the Parties.  A substantial violation of the Agreement consists of:

-

the repudiation of the Agreement not authorized by the general rules of international  law;

-

the violation of the essential elements of the Agreement set out in Article 2.

The Parties agree that the appropriate measures referred to in Article 101 are measures taken in accordance with international law.  If one Party takes a measure in a case of special urgency in application of Article 101, the other Party may invoke the dispute settlement procedure. 

JOINT DECLARATION ON WORKERS

The Parties reaffirm the importance they attach to fair treatment of foreign workers legally resident and employed on their territory.  The Member States agree that, if Jordan so requests, they are each prepared to consider negotiating bilateral reciprocal agreements relating to working conditions and social security rights of Jordanian and Member States' workers legally resident and employed in their respective territory.

JOINT DECLARATION ON COOPERATION FOR THE PREVENTION AND
CONTROL OF ILLEGAL IMMIGRATION

The Parties agree to cooperate in order to prevent and control illegal immigration.  To this end either Party agrees to permit the return of its nationals illegally present on the territory of the other Party upon request by the latter and without further formalities.  The Parties will also provide their nationals with appropriate identity documents for such purposes.

In respect of the Member States of the European Union, this obligation applies only in respect of those persons who are to be considered their nationals for Community purposes in accordance with Declaration No 2 to the Treaty on  European Union.

Each Party agrees to conclude, upon request of the other Party, bilateral agreements regulating specific obligations concerning cooperation for the prevention and control of illegal immigration, including an obligation for permitting the return of nationals of other countries and stateless persons who have arrived on the territory of one Party from the  other Party.

The Association Council shall examine what other joint efforts can be made to prevent and control illegal immigration.

Nothing in the implementation of this joint declaration shall be construed to contravene or diminish the respective obligations of each Party under applicable standards on human rights.

JOINT DECLARATION ON THE PROTECTION OF DATA

The Parties agree that the protection of data will be guaranteed in all areas where the exchange of personal data is envisaged.

JOINT DECLARATION CONCERNING THE PRINCIPALITY OF ANDORRA

Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonized System shall be accepted by Jordan as originating in the Community within the meaning of this Agreement.

Products originating in the Republic of San Marino shall be accepted by Jordan as originating in the Community within the meaning of this Agreement.

Protocol 3 shall apply mutatis mutandis for the purpose of defining the originating status of the above mentioned products.

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN 
THE COMMUNITY AND JORDAN CONCERNING IMPORTS INTO THE COMMUNITY OF FRESH CUT FLOWERS AND FLOWER BUDS FALLING WITHIN SUBHEADING 0603 10 OF THE COMMON CUSTOMS TARIFF

Letter from the Community

Sir,

The following was agreed between the Community and Jordan:

The current arrangements provide for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Jordan, subject to a limit of 100 tonnes.

Jordan undertakes to abide by the conditions laid down below for imports into the Community of roses and carnations which qualify for the elimination of this tariff:

-

the price level of imports into the Community must be at least equal to 85% of the Community price level for the same products over the same periods,

-

the Jordanian price level shall be determined by recording the prices of the imported products on representative Community import markets,

-

the Community price level shall be based on the producer prices recorded on representative markets of the main producer Member States,

-

price levels will be recorded on a fortnightly basis and weighted by the respective quantities.  This provision is valid for Community prices and for Jordanian prices,

-

for both Community producer prices and the import prices of Jordanian products, a distinction shall be made between large flowered and smallflowered roses and between unifloral and multifloral carnations,

-

if the Jordanian price level for any one type of product is below 85% of the Community price level, the tariff preference shall be suspended.  The Community shall reinstate the tariff preference when a Jordanian price level equal to 85% or more of the Community price level is recorded.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

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

On behalf of  
the Council of the European Union

Letter from Jordan

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

       "The following was agreed between the Community and Jordan:

The current arrangements provide for the elimination of customs duties on imports into the Community of cut flowers and flower buds, fresh, falling within subheading 0603 10 of the Common Customs Tariff and originating in Jordan, subject to a limit of 100 tonnes.

I should be obliged if you would confirm that your Government is in agreement with the contents

of this letter."

I have the honour to confirm that my Government is in agreement with the contents of your letter.

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

For the Government of  the
Hashemite Kingdom of Jordan