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Agreement on the Establishment
FREE TRADE AGREEMENT BETWEEN ISRAEL AND ROMANIA
FREE TRADE AGREEMENT BETWEEN THE STATE OF ISRAEL AND THE UNITED MEXICAN STATES
Free Trade Area Agreement Between Turky and Israel
The Israel-EU Association Agreement
WTO - כללי המשחק החדשים בסחר העולמי - תמצית הסכמים
אפט"א - הסכם אס"ח, כללי מקור
ארה"ב - הסכם אס"ח, כללי מקור
האיחוד האירופי - הסכם אס"ח, כללי מקור
הסכם אזור סחר חופשי (אס"ח) ישראל ארה"ב (תקציר)
הסכם אזור סחר חופשי ישראל - טורקיה (תקציר)
הסכם אנגלית - האיחוד האירופי
הסכם אס"ח בין ישראל לבין צ'כיה וסלובקיה (תקציר)
הסכם אס"ח המלא בין ישראל
הסכם הסחר החדש בין ישראל והאיחוד האירופי
הסכם הסחר החדש בין ישראל והאיחוד האירופי -
הסכם לאזור סחר חופשי בין ישראל למדינות אפט"א (תקציר)
הסכם סחר חופשי (אס"ח) בין ישראל למדינות אפט"א
הסכם סחר חופשי בין מדינת ישראל לבין הרפובליקה הסלובנית
הסכם סחר חופשי בין ממשלת מדינת ישראל לבין ממשלת רומניה
הסכם סחר חפשי עם רומניה - תקציר
הסכם על רכישות ממשלתיות - GATT
הסכמים בינלאומיים
טורקיה - הסכם אס"ח, כללי מקור
יורם זרה
כללי מקור, תעודות מקור והוראות
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שיפור בהסכם הסחר בין ישראל וקנדה
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ראשי > אגפים > מדיניות סחר חוץ, הסכמים ואירגונים בינלאומיים
Free Trade Area Agreement Between Turky and Israel

Table of Contents

Preamble

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Annex I

Annex II

Table A

Table B

Annex III

Annex IV

Annex V

Annex Via

Annex Vib

Annex VII

Annex VIII

Annex IX

Protocol A

Annex I to Protocol A

Annex II to Protocol A

Protocol B- Rules of Origin

 

Annex I          Introductory notes to the list in Annex II

Annex II         List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

Annex III a      Specimens of movement certificate EUR.1 and application for a movement certificate EUR.1

Annex III b      Specimens of movement certificate EUR-MED and application for a movement certificate EUR-MED

Annex IV a     Text of the invoice declaration

Annex IV b     Text of the invoice declaration EUR-MED

 

 

PREAMBLE

 

THE STATE OF ISRAEL

 

(hereinafter referred to as "Israel") on the one part, and

 

THE REPUBLIC OF TURKEY

 

(hereinafter referred to as "Turkey") on the other part,

 

 

RECALLING their intention to participate actively in the process of economic
integration in Europe and expressing their preparedness to cooperate in seeking
ways and means to strengthen this process;



HAVING regard to the Agreement Establishing an Association between Turkey and
the European Economic Community and the Euro-Mediterranean Agreement
Establishing an Association between the European Communities and the State of
Israel, as well as to Israel's and Turkey's Free Trade Agreements with EFTA
States;



HAVING regard to the experience gained from the co-operation developed between
the Parties as well as between them and their main trading partners;



DECLARING their willingness to take action with a view to promoting harmonious
development of their trade as well as to expanding and diversifying their mutual
co-operation in the fields of common interest, including fields not covered by this
Agreement, thus creating a framework and supportive environment based on equality,
non-discrimination, and a balance of rights and obligations,

 

RECALLING the mutual interest of Israel and Turkey in the continual reinforcement
of the multilateral trading system and considering their capacity as Contracting
Parties to GATT/WTO, the provisions and instruments of which constitute a basis
for their foreign trade policy;

 

RESOLVED to lay down for this purpose provisions aimed at the progressive
abolition of the obstacles to trade between Israel and Turkey in accordance with the
provisions of these instruments, in particular those concerning the establishment of
free trade areas;

 

CONSIDERING the respective commitments of the Parties to this Agreement
(hereinafter referred to as "the Parties") to free trade and in particular to
compliance with the rights and obligations arising out of the General Agreement on
Tariffs and Trade (GATT) as it results from the negotiations of the Uruguay
Round;

 

 

HAVE DECIDED, in pursuance of these objectives, to conclude the following
Agreement.

ARTICLE 1

 

Objectives

 

 

 

1.

Israel and Turkey shall gradually establish, during a transitional period
ending the latest on January 1, 2000, a free trade area in
accordance with the provisions of this Agreement and in conformity with
those of the GATT 1994 and of other multilateral agreements on trade in
goods annexed to the Agreement establishing the WTO, hereinafter referred
to as the "GATT".

 

 

2.

The objectives of this Agreement are:

 

 

 

 

 

a. to promote, through the expansion of reciprocal trade in goods and
services, the harmonious development of the economic relations between
Israel and Turkey;

 

 

 

b. to provide fair conditions of competition for trade between Israel and
Turkey;

 

 

 

c. to contribute in this way, by removal of barriers to trade, to the
harmonious development and expansion of world trade;

 

 

 

d. to enhance co-operation between Israel and Turkey.

 

ARTICLE 2

 

Basic Duties

 

1. For commercial exchanges covered by this Agreement, the Israel Customs Tariff
shall be applied to the classification of goods for imports to Israel. The Turkish
Customs Tariff shall be applied to the classification of goods for imports into
Turkey.

 

2. For each product listed in Chapter I of this Agreement the basic duty to which
the successive reductions set out in this Agreement are to be applied shall be the
MFN duties that are applied erga omnes on the date of the entry into force of the
Agreement.

 

3. If after entry into force of this Agreement, any tariff reduction is applied on an
erga omnes basis, in particular reductions resulting from the tariff agreement
concluded as a result of the GATT Uruguay Round and Turkey-EC Customs Union,
such reduced duties shall replace the basic duties referred to in paragraph 2 as
from that date when such reductions are applied, unless otherwise agreed in this
Agreement, its Protocols and Annexes.

4. Israel and Turkey shall communicate each other their respective basic duties.



CHAPTER 1

 

INDUSTRIAL PRODUCTS

 

 

 

ARTICLE 3

 

 

 

Scope

 

The provisions of this Chapter shall apply to products originating in Israel and
Turkey listed in Chapters 25 to 97 of the Harmonized Commodity Description and
Coding System with the exception of the products listed in Annex I.

 

ARTICLE 4

 

Customs Duties on Imports and Charges Having Equivalent Effect

 

 

 

 

1.

No new customs duties on imports or charges having equivalent effect
shall be introduced, nor shall those already applied be increased, in trade
between Israel and Turkey from the date of entry into force of this
Agreement.

 

 

2.

Customs duties on imports applicable in Israel to products originating in
Turkey which are not listed in Annex II, Annex III and Annex VIII
shall be abolished on the entry into force of the Agreement.

 

 

3.

Customs duties on imports applicable in Israel to products originating in
Turkey which are listed in Annex II shall be gradually reduced in
accordance with the timetable provided in that Annex and abolished on
January 1, 2000 at the latest.

 

 

4.

Customs duties on imports applicable in Israel to products originating in
Turkey which are listed in Annex III shall be gradually abolished in
accordance with the following timetable:

 

 

 

-upon the entry into force of the Agreement each duty shall be reduced to
2/3 of the basic duty,

 

-on January 1, 1998 to 1/3 of the basic duty,

 

-on January 1, 1999 the remaining duties shall be eliminated.

 

 

5.

Customs duties on imports applicable in Turkey to products originating in
Israel other than those products listed in Annex IV, Annex V, Annex
VIa, Annex VIb, Annex VII and Annex VIII shall be abolished on the
entry into force of this Agreement.

 

 

6.

Customs duties on imports applicable in Turkey to products originating in
Israel listed in Annex IV and Annex V shall be gradually abolished
according to the following timetable:

 

 

 

 

 

- upon the entry into force of the Agreement duties shall be reduced to 75
% of the basic duty,

 

- on January 1, 1998 to 50 % of the basic duty,

 

- on January 1, 1999 to 25 % of the basic duty,

 

- on January 1, 2000 the remaining duties shall be eliminated.

 

 

7.

Customs duties on imports applicable in Turkey to products originating in
Israel which are listed in Annex VIa and VIb shall be gradually reduced
and abolished in accordance with the timetable provided in that Annex.

 

 

8.

Customs duties on imports applicable in Turkey to products originating in
Israel which are listed in Annex VII shall be gradually abolished:

 

 

 

- upon the entry into force of the Agreement duties shall be reduced to 50
% of the basic duty,

 

- on January 1, 1997 to 25 % of the basic duty,

 

- on January 1, 1999 the remaining duties shall be eliminated.

 

 

9.

Customs duties on imports applicable in a Party to products originating in
the other Party which are listed in Annex VIII shall be gradually
abolished:

 

 

upon the entry into force of the Agreement duties shall be reduced to 2/3 of the
basic duty,

on 1.1.1998 the remaining duties shall be eliminated.

 

 

 

 

 

 

ARTICLE 5

 

 

 

Customs Duties of a Fiscal Nature

 

 

The provisions of Article 4 shall also apply to customs duties of a fiscal nature.

 

 

ARTICLE 6

 

 

Customs Duties on Exports and Charges Having Equivalent Effect

 

 

 

1.

No new customs duty on exports or charges having equivalent effect shall
be introduced in trade between Israel and Turkey.

 

 

2.

Upon the entry into force of this Agreement, customs duties on exports and
any charges having equivalent effect shall be abolished.

ARTICLE 7

 

Quantitative Restrictions on Imports and Exports and Measures Having
Equivalent Effect

 

 

 

1.

No new quantitative restrictions on imports and exports or measures having
equivalent effect shall be introduced, nor shall those existing be made more
restrictive, in trade between the Parties from the date of the entry into
force of this Agreement.

 

 

2.

For the purpose of this Agreement "quantitative restrictions and measures
having equivalent effect" mean prohibitions or restrictions on imports or
exports into Israel from Turkey or into Turkey from Israel made effective
through quotas, import licenses or other administrative measures and
requirements restricting trade.

 

 

 

CHAPTER 2

 

 

AGRICULTURAL, PROCESSED AGRICULTURAL AND FISHERY PRODUCTS

 

 

ARTICLE 8

 

Scope

 

The provisions of this Chapter shall apply to agricultural, processed agricultural
and fishery products originating in the Parties falling within Chapters 1-24 of the
Harmonized Commodity Description and Coding System as well as the products listed
in Annex I of this Agreement.

ARTICLE 9

 

Exchange of Concessions

 

 

 

1.

The Parties declare their readiness to foster, in so far as their
agricultural policies allow, the harmonious development of trade in
agricultural products and to discuss this issue periodically in the Joint
Committee.

 


2.

In pursuance of this objective Protocol A providing for measures to
facilitate trade in agricultural, processed agricultural and fishery products
has been concluded between Israel and Turkey.

 

 

3.

Israel and Turkey shall progressively establish a greater liberalization of
their trade in agricultural products of interest to both Parties. Israel and
Turkey agree to examine the possibility of granting each other further
concessions within the framework of the Joint Committee.

 

 

 

ARTICLE 10

 

Sanitary and Phytosanitary Measures

1.The Parties shall apply the sanitary and phytosanitary measures in accordance
with the provisions of the relevant Agreement of GATT.

 

2.The Parties shall not apply their regulations in veterinary, plant health and health
matters as an arbitrary or unjustifiable discrimination between the Parties or a
disguised restriction in the trade between them.

 

 

 

CHAPTER 3

 

 

 

COMMON PROVISIONS

 

ARTICLE 11

 

Rules of Origin and Co-operation in Customs Administration

1.Protocol B lays down the rules of origin and methods of administrative
co-operation.

 

2. The Parties shall take all appropriate measures, including arrangements
regarding administrative co-operation, to ensure that the provisions of Article 4 to
7, 9, 15 and 18 and Protocol B are effectively and harmoniously applied, taking
into account the need to reduce as far as possible the formalities imposed on trade
and the need to achieve mutually satisfactory solutions to any difficulties arising out
of the operation of those provisions.

 

ARTICLE 12

 

General Exceptions

 

Nothing in this Agreement shall 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 and
of the environment; the protection of national treasures possessing artistic, historic
or archaeological value; or the protection of intellectual, industrial and commercial
property, or rules concerning gold or silver. Such prohibitions or restrictions shall
not, however, constitute a means of arbitrary discrimination or a disguised
restriction on trade between Israel and Turkey.

 

 

 

ARTICLE 13

 

State Monopolies

1.The Parties shall progressively adjust any state monopolies of a commercial
character, so as to ensure that, by the end of the second 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 Israel and
Turkey.

 

2.The Joint Committee shall be informed about the measures adopted to implement
this objective.

 

ARTICLE 14

 

Internal Taxation

1.The Parties shall refrain from any measure or practice of an internal fiscal
nature establishing, whether directly or indirectly, discrimination between the
products originating in Israel and like products originating in Turkey.

 

2.Products exported by one Party to the other Party may not benefit from
repayment of indirect internal taxation in excess of the amount of indirect or
direct taxes imposed on them.

 

ARTICLE 15

 

Dumping

 

If a Party to this Agreement 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 on Implementation
of Article VI of the GATT 1994 and with its relevant internal legislation, under the
conditions and in accordance with the procedures laid down in Article 18.

 

ARTICLE 16

 

Emergency Action on Imports of Particular Products

Where any product is being imported in such increased quantities and under such
conditions as to cause, or threaten to cause:

 

 

 

 

 

 

 

 

 

a) serious injury to domestic producers of like or directly competitive products in
the territory of one of the Parties, or

 

b) serious disturbances in any sector of the economy, or



 

c) difficulties which could bring about serious deterioration in the economic situation
of a region,



the Party concerned may take appropriate measures under the conditions and in
accordance with the procedures laid down in Article 18.

 

 

 

 

ARTICLE 17

 

Re-export and Serious Shortage

Where compliance with the provisions of Articles 6 and 7 leads to:

 

a) Re-export towards a third country against which the exporting Party maintains,
for the product concerned, quantitative export restrictions, export duties or
measures or charges having equivalent effect; or

 

b) 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 18.
The measures shall be non-discriminatory and be eliminated when conditions no
longer justify their maintenance.

 

 

 

 

 

ARTICLE 18

 

 

 

Procedure for the Application of Safeguard Measures

 

 

 

1.

In the event Israel or Turkey subjects imports of products liable to give
rise to the difficulties referred to in Article 16, to an administrative
procedure, the purpose of which is to provide rapid information on the
trend of trade flows, it shall inform the other Party.



2. In the cases specified in Articles 15, 16 and 17, before taking the measures
provided for therein or, as soon as possible in cases to which paragraph 3 (d)
applies, the Party in question shall supply the Joint Committee 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 appropriate measures, priority shall be given to those which
least disturb the functioning of the Agreement.

 



The safeguard measures shall be notified immediately to the Joint Committee and
shall be the subject of periodical consultations within the Committee, particularly with
a view to their abolition as soon as circumstances permit.



3. For the implementation of paragraph 2, the following provisions shall apply:



 

a) as regards Article 15, 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 no other satisfactory solution has been
reached within thirty days of the notification being made, the importing Party may
adopt the appropriate measures;



b) as regards Article 16, 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 thirty
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;

 

 

c) as regards Article 17, 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 thirty 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 Party concerned may, in the
situations specified in Articles 15, 16 and 17 apply forthwith such precautionary
measures as are strictly necessary to remedy the situation, and shall inform the
other Party immediately.

 

 

 

ARTICLE 19

 

Standards

 

1. The rights and obligations of the Parties relating to standards or technical
regulations shall be governed by the WTO Agreement on Technical Barriers to
Trade.

 

2.Each Party, upon the request of the other Party, shall provide information on
particular cases of standard-related measures.

 

 

3.The Parties shall aim to reduce technical barriers to trade. To this end, the
Parties shall conclude when appropriate agreements on mutual reco