Common use of COMMON PROVISIONS Clause in Contracts

COMMON PROVISIONS. Article 23. The provisions of this Title shall apply to trade between the Parties in all products except where otherwise provided herein or in Protocols 1 and 2. 1. In trade between the Community and Estonia from 1 January 1995: - no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, - no new quantitative restrictions on imports or exports or measures having equivalent effect shall be introduced nor shall those existing be made more restrictive. 2. Without prejudice to the concessions granted pursuant to Article 19, the provisions of paragraph 1 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Estonia and the Community or the taking of any measures under such policies. 3. Taking account of the Estonian tariff structure at 1 January 1995, where no tariff duties are provided for agricultural products, in the event that a new tariff regime for the import of agricultural products is established, Estonia may, by way of derogation from paragraph 1 and pursuant to the implementation of its agricultural policy for its domestic production, introduce duties on a limited number of agricultural products originating in the Community. Such duties may only be introduced until 31 December 1996, and after consultation in the Association Council. In all such cases, Estonia shall ensure a sizeable margin of preference for products originating in the Community. If necessary, this period may be prolonged by one year by decision of the Association Council. 1. The two Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party an like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except insofar as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Estonia stated in this Agreement. Article 27. Exceptional measures of limited duration which derogate from the provisions of Article 11 and Article 24(1), first indent, may be taken by Estonia in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Estonia to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I during the last year for which statistics are available. These measures shall be applied for a period not exceeding two years unless a longer duration is authorised by the Association Council. They shall cease to apply at the latest by 31 December 1997. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Estonia shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Estonia shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. The Association Council may decide on a different schedule. Article 28. If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the GATT, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the GATT, with related internal legislation and with the conditions and procedures laid down in Article 32. Article 29. Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Estonia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 32. Article 30. Where compliance with the provisions of Articles 14 and 24 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in Article

COMMON PROVISIONS. Article 23. 23 The provisions of this Title shall apply to trade between the Parties in all products except where otherwise provided herein or in Protocols 1 and 2. 1. In trade between the Community and Estonia from 1 January 1995: - — no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, - — no new quantitative restrictions on imports or exports or measures having equivalent effect shall be introduced nor shall those existing be made more restrictive. 2. Without prejudice to the concessions granted pursuant to Article 19, the provisions of paragraph 1 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Estonia and the Community or the taking of any measures under such policies. 3. Taking account of the Estonian tariff structure at 1 January 1995, where no tariff duties are provided for agricultural products, in the event that a new tariff regime for the import of agricultural products is established, Estonia may, by way of derogation from paragraph 1 and pursuant to the implementation of its agricultural policy for its domestic production, introduce duties on a limited number of agricultural products originating in the Community. Such duties may only be introduced until 31 December 1996, and after consultation in the Association Council. In all such cases, Estonia shall ensure a sizeable margin of preference for products originating in the Community. If necessary, this period may be prolonged by one year by decision of the Association Council. 1. The two Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party an like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except insofar as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Estonia stated in this Agreement. Article 27. 27 Exceptional measures of limited duration which derogate from the provisions of Article 11 and Article 24(1), first indent, may be taken by Estonia in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Estonia to products originating in the Community introduced by these measures may not exceed 25 % ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 % of total imports of industrial products from the Community as defined in Chapter I during the last year for which statistics are available. These measures shall be applied for a period not exceeding two years unless a longer duration is authorised by the Association Council. They shall cease to apply at the latest by 31 December 1997. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Estonia shall inform the Association Council of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council on such measures and the sectors to which they apply before they are applied. When taking such measures Estonia shall provide the Association Council with a schedule for the elimination of the customs duties introduced under this Article. The Association Council may decide on a different schedule. Article 28. 28 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the GATT, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the GATT, with related internal legislation and with the conditions and procedures laid down in Article 32. Article 29. 29 Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - — serious injury to domestic producers of like or directly competitive products in the territory of one of the Parties, or - — serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Estonia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 32. Article 30. 30 Where compliance with the provisions of Articles 14 and 24 leads to: (i) re-export towards a third country against aginast which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, and where the situations referred to above give rise, or are likely to give rise, to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 32. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 31 The Member States of the European Union and Estonia shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of 1999, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Estonia. The Association Council will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Estonia subjecting imports of products liable to give rise to the difficulties referred to in Article 29 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 28, 29 and 30, before taking the measures provided for therein or, in cases to which paragraph 3(d) applies, as soon as possible, the Community or Estonia, as the case may be, shall supply the Association Council with all relevant information with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Association Council and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 29, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Association Council, which may take any decision needed to put an end to such difficulties. If the Association Council or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 28, the Association Council shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. If no end has been put to the dumping or if no other satisfactory solution has been reached within 30 days of the matter being referred to the Association Council, the importing Party may adopt the appropriate measures; (c) as regards Article 30, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Association Council. The Association Council may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Estonia whichever is concerned may, in the situations specified in Articles 28, 29 and 30, apply forthwith the precautionary measures strictly necessary to deal with the situation. Article 33 Protocol 3 lays down rules of origin for the application of the tariff preferences provided for in this agreement as well as the methods of administrative cooperation therewith. Article 34 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 35 Protocol 4 lays down the specific provisions to apply to trade between Estonia of the one part and Spain and Portugal of the other part, and it will be valid until 31 December 1995. 1. Subject to the conditions and modalities applicable in each Member State: — the treatment accorded to workers of Estonian nationality legally employed in the territory of a Member State shall be free from any discrimination based on nationality, as regards working conditions, remuneration or dismissal, as compared with its own nationals, — the legally resident spouse and children of a worker legally employed in the territory of a Member State, with the exception of seasonal workers and of workers coming under bilateral agreements in the sense of Article 40, unless otherwise provided by such agreements, shall have access to the labour market of that Member State, during the period of that worker’s authorised stay of employment. 2. Estonia shall, subject to the conditions and modalities applicable in that country, accord the treatment referred to in paragraph 1 to workers who are nationals of a Member State and are legally employed in its territory as well as their spouse and children who are legally resident in the said territory. 1. With a view to coordinating social security systems for workers of Estonian nationality, legally employed in the territory of a Member State and for the members of their family, legally resident there, and subject to the conditions and modalities applicable in each Member State, — all periods of insurance, employment or residence completed by such workers in the various Member States shall be added together for the purpose of pensions and annuities in respect of old age, invalidity and death and for the purpose of medical care for such workers and such family members, — any pensions or annuities in respect of old age, death, industrial accident or occupational disease, or of invalidity resulting therefrom, with the exception of non-contributory benefits, shall be freely transferable at the rate applied by virtue of the law of the debtor Member State or States, — the workers in question shall receive family allowances for the members of their family as defined above. 2. Estonia shall accord to workers who are nationals of a Member State and legally employed in its territory, and to members of their families legally resident there, treatment similar to that specified in the second and third idents of paragraph 1. 1. The Association Council shall by decision adopt the appropriate provisions to implement the objective set out in Article 37. 2. The Association Council shall by decision adopt detailed rules for administrative cooperation providing the necessary management and control guarantees for the application of the provisions referred to in paragraph 1. Article 39 The provisions adopted by the Association Council in accordance with Article 38 shall not affect any rights or obligations arising from bilateral agreements linking Estonia and the Member States where those agreements provide for more favourable treatment of nationals of Estonia or of the Member States. 1. Taking into account the labour market situation in the Member State concerned, subject to its legislation and to the respect of rules in force in that Member State in the area of mobility of workers, — the existing facilities for access to employment for Estonian workers accorded by Member States under bilateral agreements ought to be preserved and if possible improved, — the other Member States shall consider favourably the possibility of concluding similar agreements. 2. The Association Council shall examine granting other improvements including facilities of access for professional training, in conformity with rules and procedures in force in the Member States, and taking account of the labour market situation in the Member States and in the Community. Article 41 From the end of 1999 or sooner if socio-economic conditions in Estonia have been largely aligned on those of the Member States and if the employment situation in the Community permits, the Association Council will consider ways of further improving the movement of workers. The Association Council shall make recommendations to such end. Article 42 In the interest of facilitating the restructuring of labour resources resulting from the economic restructuring in Estonia, the Community shall provide technical assistance for the establishment of a suitable social security system in Estonia as set out in Article 92 of this Agreement.

COMMON PROVISIONS. Article 23. 17 The provisions of this Title title shall apply to trade between the Parties in all products except where otherwise provided herein or in Protocols 1 and 2. 1. In trade between the Community and Estonia from 1 January 1995the date of entry into force of this Agreement: - no new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, - no new quantitative restrictions on imports or exports or measures having equivalent effect shall be introduced nor shall those existing be made more restrictive. 2. Without prejudice to the concessions granted pursuant to Article 1913, the provisions of paragraph 1 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Estonia and the Community or the taking of any measures under such policies. 3. Taking account of the Estonian tariff structure at 1 January 1995the time of the entry into force of this Agreement, where no tariff duties are provided for agricultural products, in the event that a new tariff regime for the import of agricultural products is established, Estonia may, by way of derogation from paragraph 1 and pursuant to the implementation of its agricultural policy for its domestic production, introduce duties on a limited number of agricultural products originating in the Community. Such duties may only be introduced until 31 December 1996during the first two years following the entry into force of this Agreement, and after consultation in the Association CouncilJoint Committee. In all such cases, Estonia shall ensure a sizeable margin of preference for products originating in the Community. If necessary, this the period of two years may be prolonged by one year by decision of the Association CouncilJoint Committee. 1. The two Parties shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party an and like products originating in the territory of the other Party. 2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal indirect taxation in excess of the amount of direct or indirect taxation imposed on them. 1. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas or arrangements for frontier trade except insofar in so far as they alter the trade arrangements provided for in this Agreement. 2. Consultations between the Parties shall take place within the Association Council Joint Committee concerning agreements establishing such customs unions or free trade areas and, where requested, on other major issues related to their respective trade policies with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Estonia stated in this Agreement. Article 27. 21 Exceptional measures of limited duration which derogate from the provisions of Article 11 5 and Article 24(118 (1), first indent, may be taken by Estonia in the form of increased customs duties. These measures may only concern infant industries, or certain sectors undergoing restructuring or facing serious difficulties, particularly where these difficulties produce important social problems. Customs duties on imports applicable in Estonia to products originating in the Community introduced by these measures may not exceed 25 25% ad valorem and shall maintain an element of preference for products originating in the Community. The total value of imports of the products which are subject to these measures may not exceed 15 15% of total imports of industrial products from the Community as defined in Chapter I during the last year for which statistics are available. These measures shall be applied for a period not exceeding two years unless a longer duration is authorised authorized by the Association CouncilJoint Committee. They shall cease to apply at the latest by 31 December 1997three years after entry into force of this Agreement. No such measures can be introduced in respect of a product if more than three years have elapsed since the elimination of all duties and quantitative restrictions or charges or measures having an equivalent effect concerning that product. Estonia shall inform the Association Council Joint Committee of any exceptional measures it intends to take and, at the request of the Community, consultations shall be held in the Association Council Joint Committee on such measures and the sectors to which they apply before they are applied. When taking such measures Estonia shall provide the Association Council Joint Committee with a schedule for the elimination of the customs duties introduced under this Article. The Association Council Joint Committee may decide on a different schedule. Article 28. 22 If one of the Parties finds that dumping is taking place in trade with the other Party within the meaning of Article VI of the GATTGeneral Agreement on Tariffs and Trade, it may take appropriate measures against this practice in accordance with the Agreement relating to the application of Article VI of the GATTGeneral Agreement on Tariffs and Trade, with related internal legislation and with the conditions and procedures laid down in Article 3226. Article 29. 23 Where any product is being imported in such increased quantities and under such conditions as to cause or threaten to cause: - serious injury to domestic producers of like or directly competitive products in the territory of one of the Parties, or - serious disturbances in any sector of the economy or difficulties which could bring about serious deterioration in the economic situation of a region, the Community or Estonia, whichever is concerned, may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 3226. Article 30. 24 Where compliance with the provisions of Articles 14 8 and 24 18 leads to: (i) re-export towards a third country against which the exporting Party maintains, for the product concerned, quantitative export restrictions, export duties or measures having equivalent effect; or (ii) a serious shortage, or threat thereof, of a product essential to the exporting Party, ; and where the situations referred to above give rise, or are likely to give rise, rise to major difficulties for the exporting Party, that Party may take appropriate measures under the conditions and in accordance with the procedures laid down in ArticleArticle 26. The measures shall be non-discriminatory and be eliminated when conditions no longer justify their maintenance. Article 25 The Member States of the European Union (hereinafter referred to as ' the Member States' ) and Estonia shall progressively adjust any State monopolies of a commercial character so as to ensure that, by the end of the fifth year following the entry into force of this Agreement, no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of the Member States and of Estonia. The Joint Committee will be informed about the measures adopted to implement this objective. 1. In the event of the Community or Estonia subjecting imports of products liable to give rise to the difficulties referred to in Article 23 to an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows, it shall inform the other Party. 2. In the cases specified in Articles 22, 23 and 24, before taking the measures provided for therein or, in cases to which paragraph 3(d) applies, as soon as possible, the Community or Estonia, as the case may be, shall supply the Joint Committee with all relevant information with a view to seeking a solution acceptable to the two Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodic consultations within that body, particularly with a view to establishing a timetable for their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (a) as regards Article 23, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee, which may take any decision needed to put an end to such difficulties. If the Joint Committee or the exporting Party has not taken a decision putting an end to the difficulties or no other satisfactory solution has been reached within 30 days of the matter being referred, the importing Party may adopt the appropriate measures to remedy the problem. These measures must not exceed the scope of what is necessary to remedy the difficulties which have arisen; (b) as regards Article 22, the Joint Committee shall be informed of the dumping case as soon as the authorities of the importing Party have initiated an investigation. If no end has been put to the dumping or if no other satisfactory solution has been reached within 30 days of the matter being referred to the Joint Committee, the importing Party may adopt the appropriate measures; (c) as regards Article 24, the difficulties arising from the situations referred to in that Article shall be referred for examination to the Joint Committee. The Joint Committee may take any decision needed to put an end to the difficulties. If it has not taken such a decision within 30 days of the matter being referred to it, the exporting Party may apply appropriate measures on the exportation of the product concerned; (d) where exceptional circumstances requiring immediate action make prior information or examination, as the case may be, impossible, the Community or Estonia whichever is concerned may, in the situations specified in Articles 22, 23 and 24, apply forthwith the precautionary measures strictly necessary to deal with the situation. Article 27 Protocol 3 lays down rules of origin for the application of the tariff preferences provided for in this Agreement as well as the methods of administrative cooperation therewith. Article 28 This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures of artistic, historic or archaeological value or the protection of intellectual, industrial and commercial property or rules relating to gold and silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Parties. Article 29 Protocol 4 lays down the specific provisions to apply to trade between Estonia of the one part and Spain and Portugal of the other part, and it will be valid until 31 December 1995.