# EUR-Lex - 52012PC0133 - EN

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# 52012PC0133

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning the amendment of Protocol 4 (Rules of origin) to the EEA Agreement /* COM/2012/0133 final - 2012/0063 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The draft Joint Committee decision aims to
amend Protocol 4 to the European Economic Area (EEA) Agreement, in particular
to (i) extend the system of cumulation to any country which is a participant in
the European Union’s Stabilisation and Association Process, (ii) include
“mixing of sugars and with any other material” to the list of operations
mentioned in Article 6 of Protocol 4 which are to be considered as insufficient
working or processing to confer the status of originating products and (iii) to
correct certain errors.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of
the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2012/0063 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EEA Joint Committee
concerning the amendment of Protocol 4 (Rules of origin) to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles Articles 207(4) and 218(9)
thereof,

Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Protocol 4 to the
Agreement provides for the cumulation of origin between the European Union and
Iceland, Norway, Switzerland (including Liechtenstein), the Faeroe Islands,
Turkey and any country which is a participant in the Euro-Mediterranean partnership[2], 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, it is desirable to extend the system of
cumulation to any country which is a participant in the European Union’s
Stabilisation and Association Process[3].

(3)       It is convenient to
include “mixing of sugars and with any other material” into the list of
operations mentioned in Article 6 of Protocol 4 which are to be considered as
insufficient working or processing to confer the status of originating
products,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
the EEA Joint Committee concerning the amendment of Protocol 4 (Rules of
origin) to the EEA Agreement shall be based on the draft Decision of the EEA
Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft

DECISION OF THE EEA JOINT COMMITTEE
amending Protocol 4 (Rules of origin) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, 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 was amended by
Decision of the EEA Joint Committee No ... of ...[4].

(2)
Protocol 4 to the Agreement provides for the
cumulation of origin between the European Union and Iceland, Norway,
Switzerland (including Liechtenstein), the Faeroe Islands, Turkey and any
country which is a participant in the Euro-Mediterranean partnership[5], based on the Barcelona
Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28
November 1995.

(3)
In order to develop trade and promote regional
integration, it is desirable to extend the system of cumulation to any country
which is a participant in the European Union’s Stabilisation and Association
Process[6].

(4)
The Pan-Euro-Mediterranean system of cumulation
of origin is based on the Regional Convention on Pan-Euro-Mediterranean
Preferential Rules of Origin, to which Protocol 4 to the Agreement is aligned.

(5)
The Regional Convention of
Pan-Euro-Mediterranean Preferential Rules of Origin shall not lead overall
to any less favourable situation than in the previous relation between the free
trade partners which apply the Pan-Euro or Pan-Euro-Mediterranean cumulation of
origin.

(6)
Some amendments are required in order to correct
errors in the existing text of Protocol 4 to the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 4 to the Agreement shall be
amended as follows:

1.           In the reference to Article 32 in
the Table of Contents, the words ‘Mutual assistance’ shall be replaced by
‘Administrative co-operation’.

2.           Under the heading Joint
Declarations in the Table of Contents, the word ‘Community’ shall be replaced
by ‘European Union’.

3.           In paragraph 1 of Article 3 the
word ‘Community’ shall be replaced by ‘European Union’.

4.           The text of paragraph 2 of
Article 3 shall be replaced by the following:

‘Without prejudice to the provisions of Article
2, products shall be considered as originating in the EEA if they are obtained
there, incorporating materials originating in the Faroe Islands or in any
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, other than Turkey[7]
or in any country which is a participant in the European Union’s Stabilisation
and Association Process[8],
provided that the working or processing carried out in the EEA goes beyond the
operations referred to in Article 6. It shall not be necessary for such
materials to have undergone sufficient working or processing.’

5.           In sub-paragraph 3 of paragraph 5
of Article 3 the word ‘Community’ shall be replaced by ‘European Union’ and the
words ‘Commission of the European Communities’ shall be replaced by ‘European
Commission’.

6.           In paragraph 2 of Article 4 the
word ‘Community’ shall be replaced by ‘European Union’.

7.           In paragraph 2 of Article 5 the
words ‘shall not be used’ shall be replaced by ‘should not be used’.

8.           In paragraph 1 of Article 6 the
following shall be inserted after letter (m):

‘(n)    mixing of sugar with any materials;’

The current letters (n) to (p) shall be
renumbered letters (o) to (q).

9.           In paragraph 1 of Article 31 the
word ‘Community’ shall be replaced by ‘European Union’.

10.         In paragraph 3 of Article 31 the
words ‘Commission of the European Communities’ shall be replaced by ‘European
Commission’.

11.         The title of Article 32 shall be
replaced by:

‘Administrative co-operation’

12.         In paragraph 1 of Article 32 the
words ‘Commission of the European Communities’ shall be replaced by ‘European
Commission’

13.         In Note 1 to Annex I the words
‘Article 6’ shall be replaced by ‘Article 5’.

14.         In Note 3.1 to Annex I the word
‘Community’ shall be replaced by ‘European Union’.

15.         In footnote 3 to Annex VI the word
‘Community’ shall be replaced by ‘European Union’.

16.         In the title of and in the first
sub-paragraph of the Joint Declaration concerning the acceptance of proofs of
origin issued within the framework of the agreements referred to in Article 3
of Protocol 4 for products originating in the Community, Iceland or Norway, the
word ‘Community’ shall be replaced by ‘European Union’.

17.         In the first sub-paragraph of the
Joint Declaration concerning the Principality of Andorra the word ‘Community’
shall be replaced by ‘European Union’.

18.         In the first sub-paragraph of the
Joint Declaration concerning the Republic of San Marino the word ‘Community’
shall be replaced by ‘European Union’.

Article 2

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

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.

Done at Brussels, [...].

|| For the EEA Joint Committee            The President  [...]

|| The Secretaries           to the EEA Joint Committee   [...]

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               Algeria, Egypt, Israel, Jordan, Lebanon, Morocco,
Syria, Tunisia, West Bank and Gaza Strip.

[3]               Albania, Bosnia and Herzegovina, Croatia, the former
Yugoslav Republic of Macedonia, Montenegro, Serbia, as well as Kosovo under
UNSC Resolution 1244/99.

[4]               OJ L ...

[5]               Algeria, Egypt, Israel, Jordan, Lebanon, Morocco,
Syria, Tunisia, West Bank and Gaza Strip.

[6]               Albania, Bosnia and Herzegovina, Croatia, the former
Yugoslav Republic of Macedonia, Montenegro, Serbia, as well as Kosovo under
UNSC Resolution 1244/99.

[7]               Algeria, Egypt, Israel, Jordan, Lebanon, Morocco,
Syria, Tunisia, West Bank and Gaza Strip.

[8]               Albania, Bosnia and
Herzegovinia, Croatia, the former Yugoslav Republic of Macedonia, Montenegro,
Serbia, as well as Kosovo under UNSC Resolution 1244/99.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]