TITLE VIII
INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

ARTICLE 89


An Association Council is hereby established which shall meet at Ministerial level once a year and when circumstances require, at the initiative of its Chairman and in accordance with the conditions laid down in its rules of procedure.

It shall examine any major issues arising within the framework of this Agreement and any other bilateral or international issues of mutual interest.

ARTICLE 90


1. 

The Association Council shall consist of the members of the Council of the European Union and members of the Commission of the European Communities, on the one hand, and members of the Government of Jordan, on the other.

2.

Members of the Association Council may arrange to be represented in accordance with the provisions laid down in its rules of procedure.

3.

The Association Council shall establish its rules of procedure.

4.

The Association Council shall be chaired in turn by a member of the Council of the European Union and a member of the Government of Jordan, in accordance with the provisions laid down in its rules of procedure.

ARTICLE 91


The Association Council shall, for the purpose of attaining the objectives of the Agreement, have the power to take decisions in the cases provided for therein.

The decisions taken shall be binding on the Parties which shall take the measures necessary to implement the decisions taken.  The Association Council may also make appropriate recommendations.

It shall draw up its decisions and recommendations by agreement between the two Parties.

ARTICLE 92


1.

Subject to the powers of the Council, an Association Committee is hereby established which shall be responsible for the implementation of the Agreement.

2.

The Association Council may delegate to the Association Committee, in full or in part, any of its powers.

ARTICLE 93


1. 

The Association Committee, which shall meet at official level, shall consist of representatives of members of the Council of the European Union and of members of the Commission of the European Communities, on the one hand, and of representatives of the Government of Jordan, on the other.

2. 

The Association Committee shall establish its rules of procedure.

3.

The Association Committee shall be chaired in turn by a representative of the Presidency of the Council of the European Union and by a representative of the Government of Jordan.

ARTICLE 94


1.

The Association Committee shall have the power to take decisions for the management of the Agreement as well as in the areas in which the Council has delegated its powers to it.

2.

It shall draw up its decisions by agreement between the two Parties.  These decisions shall be binding on the Parties which shall take the measures necessary to implement the decisions taken.

ARTICLE 95


The Association Council may decide to set up any working group or body necessary for the implementation of the Agreement.

ARTICLE 96


The Association Council shall take all appropriate measures to facilitate cooperation and contacts between the European Parliament and the Jordanian Parliament.

ARTICLE 97


1. 

Each of the Parties may refer to the Association Council any dispute relating to the application or interpretation of this Agreement.

2.

The Association Council may settle the dispute by means of a decision.

3.

Each Party shall be bound to take the measures involved in carrying out the decision referred to in paragraph 2.

4.

In the event of it not being possible to settle the dispute in accordance with paragraph 2 of this Article, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months.  For the application of this procedure, the Community and the Member States shall be deemed to be one Party to the dispute.

The Association Council shall appoint a third arbitrator.

The arbitrators' decisions shall be taken by majority vote.

Each Party to the dispute must take the steps required to implement the decision of the arbitrators.

ARTICLE 98


Nothing in the Agreement shall prevent a Party from taking any measures:

(a)

which it considers necessary to prevent the disclosure of information contrary to its essential security interests;

(b)

which relate to the production of, or trade in, arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes;

(c)

which it considers essential to its own security in the event of serious internal disturbances affecting the maintenance of law and order, in time of war or serious international tension constituting threat of war or in order to carry out obligations it has accepted for the purpose of maintaining peace and international security.

ARTICLE 99


In the fields covered by this Agreement and without prejudice to any special provisions contained therein:

-

the arrangements applied by Jordan in respect of the Community shall not give rise to any discrimination between the Member States, their nationals or their companies or firms;

-

the arrangements applied by the Community in respect of Jordan shall not give rise to discrimination between Jordanian nationals or its companies or firms.

ARTICLE 100


As regards direct taxation, nothing in the Agreement shall have the effect of:

-

extending the fiscal advantages granted by either Party in any international agreement or arrangement by which it is bound;

-

preventing the adoption or application by either Party of any measure aimed at preventing the avoidance or evasion of taxes;

-

opposing the right of either Party to apply the relevant provisions of its tax legislation to taxpayers who are not in identical situations, in particular as regards their place of residence.

ARTICLE 101


1.

The Parties shall take any general or specific measures required to fulfil their obligations under the Agreement.  They shall see to it that the objectives set out in the Agreement are attained.

2.

If either Party considers that the other Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures.  Before so doing, except in cases of special urgency, it shall supply the Association Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.

In the selection of measures priority must be given to those which least disturb the functioning of the Agreement.  These measures shall be notified immediately to the Association Council and shall be the subject of consultations within the Association Council if the other Party so requests.

ARTICLE 102


Protocols 1 to 4 and Annexes I to VII shall form an integral part of this Agreement.  Declarations and Exchanges of Letters shall appear in the Final Act, which shall likewise form an integral part of this Agreement.

 

ARTICLE 103


For the purposes of this Agreement the term "Parties" shall mean, on the one part, the Community or the Member States, or the Community and the Member States, in accordance with their respective powers, and, on the other part, Jordan.

ARTICLE 104


The Agreement is concluded for an unlimited period.

Each of the Parties may denounce the Agreement by notifying the other Party.  The Agreement shall cease to apply six months after the date of such notification.

ARTICLE 105


This Agreement shall apply, on the one hand, to the territories in which the Treaties establishing the European Community, and the European Coal and Steel Community are applied and under the conditions laid down in those Treaties and, on the other hand, to the territory of Jordan.

ARTICLE 106


This Agreement, drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union.

ARTICLE 107


1.

This Agreement will be approved by the Parties in accordance with their own procedures.

This Agreement shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to in the first paragraph have been completed.

2.

Upon its entry into force this Agreement shall replace the Cooperation Agreement between the European Economic Community and the Hashemite Kingdom of Jordan, and the Agreement between the Member States of the European Coal and Steel Community and the Hashemite Kingdom of Jordan, signed in Brussels on 18 January 1977.