22003A1231(03)

Agreement in the form of an Exchange of Letters

concerning the provisional application of the trade and trade-related provisions of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part

A. Letter from the Community

Brussels, ... December 2003

Sir,

I have the honour to refer to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, signed in Luxembourg on 25 June 2001 (the "Association Agreement").

Pending the entry into force of the Association Agreement, I have the honour to propose to you that the European Community and the Arab Republic of Egypt apply provisionally as from 1 January 2004, Articles 2, 6 to 28, 31, 33 to 37, 55, 82 to 84, 86 to 87, 90 and 91, the relevant Declarations(1), Annexes 1 to 6, Protocols 1 to 5 and the Exchange of Letters concerning fresh cut flowers and flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

The Cooperation Council set up under the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt signed on 18 January 1977 shall perform mutatis mutandis its duties until the Association Council and the Association Committee provided for in Title VIII of the Association Agreement are created. It shall establish its Rules of Procedures and may create if appropriate, any committees and subcommittees to which it may delegate, in full or in part, any of its powers.

During the provisional application of the abovementioned Articles, and where appropriate, reference to the "Association Council" and to the "Association Committee" shall be construed as reference to the Cooperation Council and the committees established by it.

As regards provisions covered by this Agreement and the subsequent application of the Association Agreement, it is agreed that the date of entry into force of the Association Agreement shall be the date of entry into force of this Agreement.

For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before the date of entry into force of this Agreement. As regards certain products listed in Protocol 1 to the Association Agreement, the following arrangements will apply: for products falling under CN code 0703 20 00, 0709 90 39, 0709 90 60, 0711 20 90, 0712 90 19, 0714 20 90, 1006, 1212 91, 1212 99 20, 1703, 2302, the concession granted should also apply to specific duties. These arrangements will remain in application upon the entry into force of the Association Agreement.

The provisions provisionally applied shall replace Articles 8 to 36, 43 to 46, 48 to 51 of the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt signed on 18 January 1977, including Annexes A, B, C, D, Protocol 2, and the relevant joint declarations, declarations and Exchanges of Letters; and the Agreement between the Member States of the European Coal and Steel Community and the Arab Republic of Egypt signed in Brussels on 18 January 1977.

I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement between the European Community and the Arab Republic of Egypt.

Please accept, Sir, the assurance of our highest consideration,

On behalf of the European Community

B. Letter from Egypt

Brussels, ... December 2003

Sir,

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

"I have the honour to refer to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, signed in Luxembourg on 25 June 2001 (the 'Association Agreement').

Pending the entry into force of the Association Agreement, I have the honour to propose to you that the European Community and the Arab Republic of Egypt apply provisionally as from 1 January 2004, Articles 2, 6 to 28, 31, 33 to 37, 55, 82 to 84, 86 to 87, 90 and 91, the relevant Declarations(2), Annexes 1 to 6, Protocols 1 to 5 and the Exchange of Letters concerning fresh cut flowers and flowers and flower buds falling within subheading 0603 10 of the Common Customs Tariff.

The Cooperation Council set up under the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt signed on 18 January 1977 shall perform mutatis mutandis its duties until the Association Council and the Association Committee provided for in Title VIII of the Association Agreement are created. It shall establish its Rules of Procedures and may create if appropriate, any committees and subcommittees to which it may delegate, in full or in part, any of its powers.

During the provisional application of the abovementioned Articles, and where appropriate, reference to the 'Association Council' and to the 'Association Committee' shall be construed as reference to the Cooperation Council and the committees established by it.

As regards provisions covered by this Agreement and the subsequent application of the Association Agreement, it is agreed that the date of entry into force of the Association Agreement shall be the date of entry into force of this Agreement.

For the first year of application, the volumes of tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before the date of entry into force of this Agreement. As regards certain products listed in Protocol 1 to the Association Agreement, the following arrangements will apply: for products falling under CN code 0703 20 00, 0709 90 39, 0709 90 60, 0711 20 90, 0712 90 19, 0714 20 90, 1006, 1212 91, 1212 99 20, 1703, 2302, the concession granted should also apply to specific duties. These arrangements will remain in application upon the entry into force of the Association Agreement.

The provisions provisionally applied shall replace Articles 8 to 36, 43 to 46, 48 to 51 of the Cooperation Agreement between the European Economic Community and the Arab Republic of Egypt signed on 18 January 1977, including Annexes A, B, C, D, Protocol 2, and the relevant joint declarations, declarations and Exchanges of Letters; and the Agreement between the Member States of the European Coal and Steel Community and the Arab Republic of Egypt signed in Brussels on 18 January 1977.

I have the honour to propose that, if the above is acceptable to your Government, this letter and your letter confirmation shall together constitute an Agreement between the European Community and the Arab Republic of Egypt."

I am able to confirm that the Government of the Arab Republic of Egypt is in agreement with the contents of your letter.

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

For the Government of the Arab Republic of Egypt

(1) Joint Declarations on Articles 14, 18, 34, 37 and Annex 6, and the Joint Declaration on the protection of data; Declarations by the European Community on Articles 11, 19, 21, 34.

(2) Joint Declarations on Articles 14, 18, 34, 37 and Annex 6, and the Joint Declaration on the protection of data; Declarations by the European Community on Articles 11, 19, 21, 34.