PART FOUR ASSOCIATION OF OVERSEAS COUNTRIES
LexInter | July 29, 2003 | 0 Comments

PART FOUR ASSOCIATION OF OVERSEAS COUNTRIES

Article 131 
The Member States agree to associate with the Community the non-European countries and territories which have special relations with Belgium, Denmark (*), France, Italy, the Netherlands and the United Kingdom (**) . These countries and territories, hereinafter referred to as “countries and territories”, are listed in the list which appears in Annex IV to this Treaty.


(*) The words “Denmark” have been added by Article 2 of the Greenland Treaty.

(**) First sentence, with the exception of the words “Denmark”, as amended by Article 24 (1) AA DK / IRL / RU in the version resulting from Article 13 of the DA AA DK / IRL / RU.


The aim of the association is the promotion of the economic and social development of the countries and territories, and the establishment of close economic relations between them and the Community as a whole.

In accordance with the principles set out in the preamble of this treaty, the association must first of all make it possible to promote the interests of the inhabitants of these countries and territories and their prosperity, so as to lead them to the economic, social and cultural development they expect. .

Article 132 
The association pursues the following objectives.

  1. Member States shall apply to their trade with countries and territories the treatment which they accord between themselves by virtue of this Treaty.
  2. Each country or territory applies to its trade with Member States and other countries and territories the regime it applies to the European State with which it has special relations.
  3. Member States contribute to the investments required for the progressive development of these countries and territories.
  4. For investments financed by the Community, participation in tenders and supplies is open, on equal terms, to all natural and legal persons who are nationals of the Member States and of the countries and territories.
  5. In relations between the Member States and the countries and territories, the right of establishment of nationals and companies is regulated in accordance with the provisions and by application of the procedures provided for in the chapter relating to the right of establishment and on a non-discriminatory basis, subject to special arrangements made under section 136.

Article 133 
1. Imports originating in the countries and territories shall benefit on their entry into the Member States from the total elimination of customs duties which is gradually taking place between the Member States in accordance with the provisions of this Treaty.

2. On entry into each country and territory, customs duties on imports from Member States and from other countries and territories shall be phased out in accordance with the provisions of Articles 12, 13, 14, 15 and 17.

3. However, the countries and territories may levy customs duties which meet the necessities of their development and the needs of their industrialization or which, of a fiscal nature, are intended to supply their budget.

The duties referred to in the above paragraph are, however, gradually reduced to the level of those imposed on imports of products from the Member State with which each country or territory maintains special relations. The percentages and the rate of reductions provided for in this Treaty shall apply to the difference existing between the duty imposed on the product from the Member State which has special relations with the country or territory and that which applies to the same product in from the Community on entry into the importing country or territory.

4. Paragraph 2 shall not apply to countries and territories which, by reason of the particular international obligations to which they are subject, already apply on the entry into force of this Treaty a non-discriminatory customs tariff.

5. The establishment or modification of customs duties on goods imported into countries and territories must not give rise, in law or in fact, to direct or indirect discrimination between imports from the various Member States.

Article 134 
If the level of duties applicable to goods from a third country on entry into a country or territory is, taking into account the application of the provisions of Article 133 (1), such as to cause diversion of goods traffic to the detriment of one of the Member States, the latter may ask the Commission to propose to the other Member States the measures necessary to remedy this situation.

Article 135 
Subject to the provisions which govern public health, public safety and public order, the freedom of movement of workers from countries and territories in the Member States and of workers from Member States in the countries and territories will be regulated by subsequent agreements. which require the unanimity of the Member States.

Article 136 
For a first period of five years from the entry into force of this Treaty, an implementing convention annexed to this Treaty fixes the modalities and the procedure of association between the countries and territories and the Community.

Before the expiry of the agreement provided for in the above paragraph, the Council, acting unanimously, shall establish, on the basis of the achievements acquired and on the basis of the principles enshrined in this Treaty, the provisions to be made for a new period. .

Article 136a (*) 
 


(*) Article added by article 3 of the Greenland Treaty.


The provisions of Articles 131 to 136 are applicable to Greenland subject to the specific provisions for Greenland appearing in the Protocol on the special treatment applicable to Greenland, annexed to this Treaty.

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