Legal provisions of SEC(2004)1449 - Draft Decision of the EEA Joint Committee amending Protocol 4 to the Agreement on rules of origin - Draft common position of the EC

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8.12.2005   ENOfficial Journal of the European UnionL 321/1



DECISION OF THE EEA JOINT COMMITTEE

No 136/2005

of 21 October 2005

amending Protocol 4 to the Agreement on rules of origin

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (1), as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,

Whereas:

(1)Protocol 4 to the Agreement provides for the cumulation of origin between the Community and Iceland, Bulgaria, Norway, Romania, Switzerland (including Liechtenstein) and Turkey.

(2)The extension of the system of cumulation is desirable making it possible to use materials originating in the Community, Bulgaria, Romania, Iceland, Norway, Switzerland (including Liechtenstein), the Faeroe Islands, Turkey, or in any other country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995 (2), in order to develop trade and promote regional integration.

(3)For the purposes of implementing the extended system of cumulation only between the countries which have fulfilled the necessary conditions and in order to avoid circumvention of customs duties, it is necessary to introduce new provisions concerning certification of origin.

(4)Goods in transit or storage on the day on which this Decision becomes applicable should be covered by transitional provisions allowing them to benefit from the extended system of cumulation.

(5)The reasons which motivated the exclusion of agricultural products originating in Turkey from the system of cumulation are no longer valid.

(6)The Joint Declaration concerning the review of the changes to the origin rules as a result of the amendments to the Harmonised System may be applied until 31 December 2004 and therefore does not need to be maintained in the Protocol after this date.

(7)Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

(8)It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitate the work of users and customs administrations, to incorporate in a new text of Protocol 4 all the provisions in question,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 4 to the Agreement shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on 22 October 2005, provided that all the notifications under Article 103(1) of the Agreement have been made to the Joint Committee (3).

It shall apply from the first day of the month following the day of its adoption.

Article 3

This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal of the European Union.