2005/736/EC: Council Decision of 13 December 2004 on the signing and provisional application of a Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, and subject to its conclusion, the Protocol to 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union. The text of the Protocol is attached to this Decision.

The European Community and its Member States hereby agree to apply provisionally the terms of the Protocol, subject to its conclusion.

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic hereby become Contracting Parties to 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, and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Euro-Mediterranean Agreement, as well as of the Joint Declarations, Declarations and Exchanges of Letters thereto.

To take account of recent institutional developments within the European Union, the Parties agree that following the expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Euro-Mediterranean Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community, which has taken over all rights and obligations contracted by the European Coal and Steel Community.

‘3 The Association Committee shall be chaired in turn by a representative of the Commission of the European Communities and by a representative of the Government of Jordan.’

‘4 Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases: ES“EXPEDIDO A POSTERIORI”CS“VYSTAVENO DODATEČNĚ”DA“UDSTEDT EFTERFØLGENDE”DE“NACHTRÄGLICH AUSGESTELLT”ET“TAGANTJÄRELE VÄLJA ANTUD”EL“ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”EN“ISSUED RETROSPECTIVELY”FR“DÉLIVRÉ A POSTERIORI”IT“RILASCIATO A POSTERIORI”LV“IZSNIEGTS RETROSPEKTĪVI”LT“RETROSPEKTYVUSIS IŠDAVIMAS”HU“KIADVA VISSZAMENŐLEGES HATÁLLYAL”M“MAĦRUĠ RETROSPETTIVAMENT”NL“AFGEGEVEN A POSTERIORI”PL“WYSTAWIONE RETROSPEKTYWNIE”PT“EMITIDO A POSTERIORI”SL“IZDANO NAKNADNO”SK“VYDANÉ DODATOČNE”FI“ANNETTU JÄLKIKÄTEEN”SV“UTFÄRDAT I EFTERHAND”AR“”’

‘2 The duplicate issued in this way must be endorsed with one of the following words: ES“DUPLICADO”CS“DUPLIKÁT”DA“DUPLIKAT”DE“DUPLIKAT”ET“DUPLIKAAT”EL‘ΑΝΤΙΓΡΑΦΟ’EN“DUPLICATE”FR“DUPLICATA”IT“DUPLICATO”LV“DUBLIKĀTS”LT“DUBLIKATAS”HU“MÁSODLAT”MT“DUPLIKAT”NL“DUPLICAAT”PL“DUPLIKAT”PT“SEGUNDA VIA”SL“DVOJNIK”SK“DUPLIKÁT”FI“KAKSOISKAPPALE”SV“DUPLIKAT”AR“”’

1 Proofs of origin properly issued by either Jordan or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries under this Protocol, provided that: (a) the acquisition of such origin confers preferential tariff treatment on the basis of either the preferential tariff measures contained in the Euro-Mediterranean Agreement or in the Community scheme of generalised tariff preferences; (b) the proof of origin and the transport documents were issued no later than the day before the date of accession; (c) the proof of origin is submitted to the customs authorities within the period of four months from the date of accession. Where goods were declared for importation in either Jordan or a new Member State, prior to the date of accession, under preferential agreements or autonomous arrangements applied between Jordan and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted provided that it is submitted to the customs authorities within the period of four months from the date of accession.

2 Jordan and the new Member States are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided that: (a) such a provision is also provided for in the Euro-Mediterranean Agreement concluded prior to the date of accession between Jordan and the Community; and (b) the approved exporters apply the rules of origin in force under that Agreement. These authorisations shall be replaced, no later than one year after the date of accession, by new authorisations issued under the conditions of the Euro-Mediterranean Agreement.

3 Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 shall be accepted by the competent customs authorities of either Jordan or the Member States for a period of three years after the issue of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

1 The provisions of the Euro-Mediterranean Agreement may be applied to goods exported from either Jordan to one of the new Member States or from one of the new Member State to Jordan, which comply with the provisions of Protocol 3 thereto and which on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Jordan and in that new Member State.

2 Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country and any other documents that provide supporting evidence of the condition of transport.

Jordan undertakes that it shall neither make any claim, request or referral nor modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII in relation to this enlargement of the Community.

This Protocol shall form an integral part of the Euro-Mediterranean Agreement.

1 This Protocol shall be approved by the European Community, by the Council of the European Union on behalf of the Member States, and by the Hashemite Kingdom of Jordan in accordance with their own procedures.

2 The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

1 This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.

2 This Protocol shall apply provisionally as from 1 May 2004.

This Protocol shall be drawn up in duplicate in the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Arabic; the texts in each language being equally authentic.

The text of the Euro-Mediterranean Agreement, including the Annexes and Protocols forming an integral part thereof, and the Final Act together with the Declarations annexed thereto, shall be drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages and these texts shall be authentic in the same way as the original texts. The Association Council shall approve these texts.