Legal provisions of COM(2000)283 - Community position on an amendment to Protocol 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation attached to the Association Agreement with the PLO for the benefit of the Palestinian Authority of the West Bank and Gaza Strip

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dossier COM(2000)283 - Community position on an amendment to Protocol 3 concerning the definition of the concept of "originating products" and ...
document COM(2000)283 EN
date June 19, 2000
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52000PC0283

Proposal for a Council Decision regarding a Community position on an amendment to Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation attached to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community and the PLO for the benefit of the Palestinian Authority of the West Bank and Gaza Strip /* COM/2000/0283 final - ACC 2000/0126 */


Proposal for a COUNCIL DECISION regarding a Community position on an amendment to Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation attached to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community and the PLO for the benefit of the Palestinian Authority of the West Bank and Gaza Strip


(presented by the Commission)


EXPLANATORY MEMORANDUM

1. Origin rules are essential to the proper operation of the free-trade agreements that the Community has concluded with its trading partners. These rules are not immutable; they have to adapt to the political and economic requirements of the free-trade area to which they apply.

2. The origin protocol attached to the Euro-Mediterranean Interim Association Agreement concluded with the PLO provides for the provisions prohibiting drawback to apply from 1 January 2000.

3. The Palestinian Authority has asked for the suspension of entry into force of the no-drawback provisions to be extended for 6 years.

4. In the light of Palestine's particular economic and political situations, putting the no-drawback provisions into force would have a negative effect on its exports. Account also needs to be taken of the fact that the neighbouring Arab countries do not yet have to apply these provisions . The goal is therefore to accord Palestine similar treatment to that given the other Arab countries of the region.

Jordan signed an association agreement with the Community in November 1997, and the prohibition on drawback is to take effect four years after the agreement enters into force. Under the association agreement which the Community is due to sign with Egypt, drawback prohibition is to start being phased in after 6 years, taking full effect only after a further 6 years.

5. It would seem appropriate to extend the suspension of implementation of the no-drawback rule with effect from 1.1.2000 until 1.1.2006, in line with the Palestinian Authority's request.

The Commission is accordingly requesting the Council to establish the common position for submission to the Joint Committee provided for in the Interim Association Agreement.


2000/0126 (ACC)

Proposal for a COUNCIL DECISION Regarding a Community position on an amendment to Protocol 3 concerning the definition of the concept of 'originating products' and methods of administrative cooperation attached to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community and the PLO for the benefit of the Palestinian Authority of the West Bank and Gaza Strip


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part,

OJ L 187, 16.7.1997, p. 3.

Whereas Article 37 of Protocol 3 to the Agreement provides that the Joint Committee may decide to amend the provisions of the Protocol,

HAS DECIDED AS FOLLOWS:

The position to be adopted by the Community within the Joint Committee established under Article 63 of the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, in connection with an amendment to Protocol 3 to that Agreement, concerning the definition of the concept of 'originating products' and methods of administrative cooperation, shall be based on the Joint Committee Decision attached to this Decision.