# Official Journal L 424/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 424 |
| | |
| English edition | Legislation | Volume 6315 December 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 424

English edition

Legislation

Volume 6315 December 2020

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom | 1 |

Contents

I   Legislative acts

page

DECISIONS

*

Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2020/2054 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 11 |
| | * | Council Decision (EU) 2020/2055 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 13 |
| | * | Council Decision (EU) 2020/2056 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 15 |
| | * | Council Decision (EU) 2020/2057 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 17 |
| | * | Council Decision (EU) 2020/2058 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 (on rules of origin) to that Agreement | 19 |
| | * | Council Decision (EU) 2020/2059 of 7 December 2020 on the position to be taken on behalf of the European Union in the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment of certain provisions of Protocol II concerning the definition of the concept of originating products and methods of administrative cooperation | 21 |
| | * | Council Decision (EU) 2020/2060 of 7 December 2020 on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment to that Agreement to take account of the accession of the Independent State of Samoa and of Solomon Islands | 23 |
| | * | Council Decision (EU) 2020/2061 of 7 December 2020 on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees | 25 |
| | * | Council Decision (EU) 2020/2062 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 27 |
| | * | Council Decision (EU) 2020/2063 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the amendment of that Agreement by replacing Protocol 2 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 29 |
| | * | Council Decision (EU) 2020/2064 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 31 |
| | * | Council Decision (EU) 2020/2065 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 33 |
| | * | Council Decision (EU) 2020/2066 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 35 |
| | * | Council Decision (EU) 2020/2067 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 37 |
| | * | Council Decision (EU) 2020/2068 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, as regards the amendment of that Agreement by replacing Protocol III thereto concerning the concept of originating products | 39 |
| | * | Council Decision (EU) 2020/2069 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 41 |
| | * | Council Decision (EU) 2020/2070 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 43 |
| | * | Council Decision (EU) 2020/2071 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the amendment of that Agreement by replacing Protocol II thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 45 |
| | * | Council Decision (EU) 2020/2072 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 47 |
| | * | Council Decision (EU) 2020/2073 of 7 December 2020 on the position to be taken on behalf of the European Union within the EU-Turkey Association Council as regards the amendment of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 49 |
| | * | Council Decision (EU) 2020/2074 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community as regards the amendment of that Agreement by replacing Protocol 1 thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 51 |
| | * | Council Decision (EU) 2020/2075 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of originating products and methods of administrative cooperation | 53 |
| | * | Council Decision (EU) 2020/2076 of 7 December 2020 appointing two alternate members, proposed by the Italian Republic, of the Committee of the Regions | 55 |
| | * | Council Decision (EU) 2020/2077 of 8 December 2020 adopting the Council’s position on draft amending budget No 10 of the European Union for the financial year 2020 | 57 |
| | * | Council Decision (EU) 2020/2078 of 10 December 2020 on the position to be taken on behalf of the European Union within the EU-Canada Joint Customs Cooperation Committee as regards the adoption of the decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union | 58 |

II   Non-legislative acts

DECISIONS

*

Council Decision (EU) 2020/2054 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

11

*

Council Decision (EU) 2020/2055 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

13

*

Council Decision (EU) 2020/2056 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

15

*

Council Decision (EU) 2020/2057 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

17

*

Council Decision (EU) 2020/2058 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 (on rules of origin) to that Agreement

19

*

Council Decision (EU) 2020/2059 of 7 December 2020 on the position to be taken on behalf of the European Union in the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment of certain provisions of Protocol II concerning the definition of the concept of originating products and methods of administrative cooperation

21

*

Council Decision (EU) 2020/2060 of 7 December 2020 on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment to that Agreement to take account of the accession of the Independent State of Samoa and of Solomon Islands

23

*

Council Decision (EU) 2020/2061 of 7 December 2020 on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees

25

*

Council Decision (EU) 2020/2062 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

27

*

Council Decision (EU) 2020/2063 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the amendment of that Agreement by replacing Protocol 2 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

29

*

Council Decision (EU) 2020/2064 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

31

*

Council Decision (EU) 2020/2065 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of originating products and methods of administrative cooperation

33

*

Council Decision (EU) 2020/2066 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

35

*

Council Decision (EU) 2020/2067 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

37

*

Council Decision (EU) 2020/2068 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, as regards the amendment of that Agreement by replacing Protocol III thereto concerning the concept of originating products

39

*

Council Decision (EU) 2020/2069 of 7 December 2020 on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

41

*

Council Decision (EU) 2020/2070 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

43

*

Council Decision (EU) 2020/2071 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the amendment of that Agreement by replacing Protocol II thereto concerning the definition of the concept of originating products and methods of administrative cooperation

45

*

Council Decision (EU) 2020/2072 of 7 December 2020 on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

47

*

Council Decision (EU) 2020/2073 of 7 December 2020 on the position to be taken on behalf of the European Union within the EU-Turkey Association Council as regards the amendment of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products by replacing Protocol 3 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

49

*

Council Decision (EU) 2020/2074 of 7 December 2020 on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community as regards the amendment of that Agreement by replacing Protocol 1 thereto concerning the definition of the concept of originating products and methods of administrative cooperation

51

*

Council Decision (EU) 2020/2075 of 7 December 2020 on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of originating products and methods of administrative cooperation

53

*

Council Decision (EU) 2020/2076 of 7 December 2020 appointing two alternate members, proposed by the Italian Republic, of the Committee of the Regions

55

*

Council Decision (EU) 2020/2077 of 8 December 2020 adopting the Council’s position on draft amending budget No 10 of the European Union for the financial year 2020

57

*

Council Decision (EU) 2020/2078 of 10 December 2020 on the position to be taken on behalf of the European Union within the EU-Canada Joint Customs Cooperation Committee as regards the adoption of the decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union

58

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Legislative acts

DECISIONS

| 15.12.2020 | EN | Official Journal of the European Union | L 424/1 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/1

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COUNCIL DECISION (EU, Euratom) 2020/2053

of 14 December 2020

on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 311 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Parliament (1),

Acting in accordance with a special legislative procedure,

Whereas:

| (1) | The system of own resources of the Union must ensure adequate resources for the orderly development of the policies of the Union, subject to the need for strict budgetary discipline. The development of the system of own resources can and should also contribute, to the greatest extent possible, to the development of the policies of the Union. |
| --- | --- |

(1)

The system of own resources of the Union must ensure adequate resources for the orderly development of the policies of the Union, subject to the need for strict budgetary discipline. The development of the system of own resources can and should also contribute, to the greatest extent possible, to the development of the policies of the Union.

| (2) | The Lisbon Treaty introduced changes to the provisions related to the system of own resources of the Union which enable the abolition of an existing category of own resources and the establishment of a new category. |
| --- | --- |

(2)

The Lisbon Treaty introduced changes to the provisions related to the system of own resources of the Union which enable the abolition of an existing category of own resources and the establishment of a new category.

| (3) | The European Council of 7 and 8 February 2013 called upon the Council to continue working on the proposal of the Commission for a new own resource based on value added tax (VAT) to make it as simple and transparent as possible, to strengthen the link with Union VAT policy and the actual VAT receipts, and to ensure equal treatment of taxpayers in all Member States. |
| --- | --- |

(3)

The European Council of 7 and 8 February 2013 called upon the Council to continue working on the proposal of the Commission for a new own resource based on value added tax (VAT) to make it as simple and transparent as possible, to strengthen the link with Union VAT policy and the actual VAT receipts, and to ensure equal treatment of taxpayers in all Member States.

| (4) | In June 2017 the Commission adopted a reflection paper on the future of EU finances. In it, the Commission proposed a range of options linking own resources more visibly to Union policies, in particular to the single market and to sustainable growth. According to the paper, in introducing new own resources, attention should be paid to their transparency, simplicity and stability, their consistency with Union policy objectives, their impact on competitiveness and sustainable growth, and their equitable breakdown among Member States. |
| --- | --- |

(4)

In June 2017 the Commission adopted a reflection paper on the future of EU finances. In it, the Commission proposed a range of options linking own resources more visibly to Union policies, in particular to the single market and to sustainable growth. According to the paper, in introducing new own resources, attention should be paid to their transparency, simplicity and stability, their consistency with Union policy objectives, their impact on competitiveness and sustainable growth, and their equitable breakdown among Member States.

| (5) | The present system for determining the VAT-based own resource has been criticised repeatedly by the Court of Auditors, the European Parliament and Member States as overly complex. The European Council of 17 to 21 July 2020 has therefore concluded that it is appropriate to simplify the calculation of that own resource. |
| --- | --- |

(5)

The present system for determining the VAT-based own resource has been criticised repeatedly by the Court of Auditors, the European Parliament and Member States as overly complex. The European Council of 17 to 21 July 2020 has therefore concluded that it is appropriate to simplify the calculation of that own resource.

| (6) | In order to better align the Union’s financing instruments with its policy priorities, to better reflect the role of the general budget of the Union (‘the Union budget’) in the functioning of the single market, to better support the objectives of Union policies and to reduce Member States’ contributions based on gross national income (GNI) to the Union’s annual budget, the European Council of 17 to 21 July 2020 concluded that over the coming years the Union would work towards reforming the system of own resources and introduce new own resources. |
| --- | --- |

(6)

In order to better align the Union’s financing instruments with its policy priorities, to better reflect the role of the general budget of the Union (‘the Union budget’) in the functioning of the single market, to better support the objectives of Union policies and to reduce Member States’ contributions based on gross national income (GNI) to the Union’s annual budget, the European Council of 17 to 21 July 2020 concluded that over the coming years the Union would work towards reforming the system of own resources and introduce new own resources.

| (7) | As a first step, a new category of own resources based on national contributions calculated on the basis of non-recycled plastic packaging waste should be introduced. In accordance with the European strategy for plastics, the Union budget can contribute to reduce pollution from plastic packaging waste. An own resource which is based on national contributions that are proportional to the quantity of plastic packaging waste that is not recycled in each Member State will provide an incentive to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. At the same time, Member States will be free to take the most suitable measures to achieve those goals, in line with the principle of subsidiarity. In order to avoid an excessively regressive impact on national contributions, an adjustment mechanism with an annual lump sum reduction should be applied to contributions of Member States with a GNI per capita in 2017 below the EU average. The reduction should correspond to 3,8 kilograms multiplied by the population in 2017 of the Member States concerned. |
| --- | --- |

(7)

As a first step, a new category of own resources based on national contributions calculated on the basis of non-recycled plastic packaging waste should be introduced. In accordance with the European strategy for plastics, the Union budget can contribute to reduce pollution from plastic packaging waste. An own resource which is based on national contributions that are proportional to the quantity of plastic packaging waste that is not recycled in each Member State will provide an incentive to reduce the consumption of single-use plastics, foster recycling and boost the circular economy. At the same time, Member States will be free to take the most suitable measures to achieve those goals, in line with the principle of subsidiarity. In order to avoid an excessively regressive impact on national contributions, an adjustment mechanism with an annual lump sum reduction should be applied to contributions of Member States with a GNI per capita in 2017 below the EU average. The reduction should correspond to 3,8 kilograms multiplied by the population in 2017 of the Member States concerned.

| (8) | The European Council of 17 to 21 July 2020 noted that, as a basis for additional own resources, the Commission will put forward in the first semester of 2021 proposals on a carbon border adjustment mechanism and on a digital levy with a view to their introduction at the latest by 1 January 2023. The European Council invited the Commission to put forward a revised proposal on the EU Emissions Trading System, possibly extending it to the aviation and maritime sectors. It concluded that the Union will, in the course of the multiannual financial framework for the period 2021-2027 (‘MFF 2021-2027’), work towards the introduction of other own resources, which may include a Financial Transaction Tax. |
| --- | --- |

(8)

The European Council of 17 to 21 July 2020 noted that, as a basis for additional own resources, the Commission will put forward in the first semester of 2021 proposals on a carbon border adjustment mechanism and on a digital levy with a view to their introduction at the latest by 1 January 2023. The European Council invited the Commission to put forward a revised proposal on the EU Emissions Trading System, possibly extending it to the aviation and maritime sectors. It concluded that the Union will, in the course of the multiannual financial framework for the period 2021-2027 (‘MFF 2021-2027’), work towards the introduction of other own resources, which may include a Financial Transaction Tax.

| (9) | The European Council of 17 to 21 July 2020 concluded that the own resources arrangements should be guided by the overall objectives of simplicity, transparency and equity, including fair burden-sharing. It also concluded that Denmark, the Netherlands, Austria and Sweden, and, in the context of the support for the recovery and resilience, as well as Germany, are to benefit from lump sum corrections to their annual GNI-based contributions for the period 2021-2027. |
| --- | --- |

(9)

The European Council of 17 to 21 July 2020 concluded that the own resources arrangements should be guided by the overall objectives of simplicity, transparency and equity, including fair burden-sharing. It also concluded that Denmark, the Netherlands, Austria and Sweden, and, in the context of the support for the recovery and resilience, as well as Germany, are to benefit from lump sum corrections to their annual GNI-based contributions for the period 2021-2027.

| (10) | Member States should retain, by way of collection costs, 25 % of the amounts of traditional own resources collected by them. |
| --- | --- |

(10)

Member States should retain, by way of collection costs, 25 % of the amounts of traditional own resources collected by them.

| (11) | The integration of the European Development Fund into the Union budget should be accompanied by an increase in the own resources ceilings established in this Decision. A sufficient margin between the payments and the own resources ceiling is necessary to ensure that the Union is able – under any circumstances – to fulfil its financial obligations, even in times of economic downturn. |
| --- | --- |

(11)

The integration of the European Development Fund into the Union budget should be accompanied by an increase in the own resources ceilings established in this Decision. A sufficient margin between the payments and the own resources ceiling is necessary to ensure that the Union is able – under any circumstances – to fulfil its financial obligations, even in times of economic downturn.

| (12) | A sufficient margin should be preserved under the own resources ceilings for the Union to cover all of its financial obligations and contingent liabilities falling due in any given year. The total amount of own resources allocated to the Union to cover annual appropriations for payments should not exceed 1,40 % of the sum of all the Member States’ GNIs. The total annual amount of appropriations for commitments entered in the Union budget should not exceed 1,46 % of the sum of all the Member States’ GNIs. |
| --- | --- |

(12)

A sufficient margin should be preserved under the own resources ceilings for the Union to cover all of its financial obligations and contingent liabilities falling due in any given year. The total amount of own resources allocated to the Union to cover annual appropriations for payments should not exceed 1,40 % of the sum of all the Member States’ GNIs. The total annual amount of appropriations for commitments entered in the Union budget should not exceed 1,46 % of the sum of all the Member States’ GNIs.

| (13) | In order to keep the amount of financial resources put at the disposal of the Union unchanged, it is appropriate to adjust the own resources ceiling for appropriations for payments and for appropriations for commitments expressed as a percentage of GNI, in the event of amendments to Regulation (EU) No 549/2013 of the European Parliament and of the Council (2) which result in significant changes in the level of GNI. |
| --- | --- |

(13)

In order to keep the amount of financial resources put at the disposal of the Union unchanged, it is appropriate to adjust the own resources ceiling for appropriations for payments and for appropriations for commitments expressed as a percentage of GNI, in the event of amendments to Regulation (EU) No 549/2013 of the European Parliament and of the Council (2) which result in significant changes in the level of GNI.

| (14) | The economic impact of the COVID-19 crisis underlines the importance of ensuring that the Union has sufficient financial capacity in the event of economic shocks. The Union needs to provide itself with the means to attain its objectives. Financial resources on an exceptional scale are required in order to address the consequences of the COVID-19 crisis without increasing the pressure on the finances of the Member States at a moment where their budgets are already under enormous pressure to finance national economic and social measures in relation to the crisis. An exceptional response should therefore take place at Union level. For that reason, it is appropriate to empower the Commission on an exceptional basis to borrow temporarily up to EUR 750 000 million in 2018 prices on capital markets on behalf of the Union. Up to EUR 360 000 million in 2018 prices of the funds borrowed would be used for providing loans and up to EUR 390 000 million in 2018 prices of the funds borrowed would be used for expenditure, both for the sole purpose of addressing the consequences of the COVID-19 crisis. |
| --- | --- |

(14)

The economic impact of the COVID-19 crisis underlines the importance of ensuring that the Union has sufficient financial capacity in the event of economic shocks. The Union needs to provide itself with the means to attain its objectives. Financial resources on an exceptional scale are required in order to address the consequences of the COVID-19 crisis without increasing the pressure on the finances of the Member States at a moment where their budgets are already under enormous pressure to finance national economic and social measures in relation to the crisis. An exceptional response should therefore take place at Union level. For that reason, it is appropriate to empower the Commission on an exceptional basis to borrow temporarily up to EUR 750 000 million in 2018 prices on capital markets on behalf of the Union. Up to EUR 360 000 million in 2018 prices of the funds borrowed would be used for providing loans and up to EUR 390 000 million in 2018 prices of the funds borrowed would be used for expenditure, both for the sole purpose of addressing the consequences of the COVID-19 crisis.

| (15) | This exceptional response should address the consequences of the COVID-19 crisis and avoid its re-emergence. Therefore, support should be limited in time and the majority of the funding should be provided in the immediate aftermath of the crisis, meaning that legal commitments of a programme financed by these additional resources should be made by 31 December 2023. The approval of payments under the Recovery and Resilience Facility will be subject to the satisfactory fulfilment of the relevant milestones and targets set out in the Recovery and Resilience Plan, which will be assessed in accordance with the relevant procedure set out in the Regulation establishing a Recovery and Resilience Facility, which reflects the conclusions of the European Council of 17 to 21 July 2020. |
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(15)

This exceptional response should address the consequences of the COVID-19 crisis and avoid its re-emergence. Therefore, support should be limited in time and the majority of the funding should be provided in the immediate aftermath of the crisis, meaning that legal commitments of a programme financed by these additional resources should be made by 31 December 2023. The approval of payments under the Recovery and Resilience Facility will be subject to the satisfactory fulfilment of the relevant milestones and targets set out in the Recovery and Resilience Plan, which will be assessed in accordance with the relevant procedure set out in the Regulation establishing a Recovery and Resilience Facility, which reflects the conclusions of the European Council of 17 to 21 July 2020.

| (16) | To bear the liability related to the envisaged borrowing of funds, an extraordinary and temporary increase in the own resources ceilings is necessary. Therefore, for the sole purpose of covering all liabilities of the Union resulting from its borrowing to address the consequences of the COVID-19 crisis, the ceiling for appropriations for payments and the ceiling for appropriations for commitments should each be increased by 0,6 percentage points. The empowerment of the Commission to borrow funds on capital markets on behalf of the Union for the sole and exclusive purpose of financing measures to address the consequences of the COVID-19 crisis is closely related to the increase in the own resources ceilings foreseen in this Decision and, ultimately, to the functioning of the system of own resources of the Union. Accordingly, that empowerment should be included in this Decision. The unprecedented nature of this operation and the exceptional amount of the funds to be borrowed call for certainty about the overall volume of the Union’s liability and the essential features of its repayment, as well as for the implementation of a diversified borrowing strategy. |
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(16)

To bear the liability related to the envisaged borrowing of funds, an extraordinary and temporary increase in the own resources ceilings is necessary. Therefore, for the sole purpose of covering all liabilities of the Union resulting from its borrowing to address the consequences of the COVID-19 crisis, the ceiling for appropriations for payments and the ceiling for appropriations for commitments should each be increased by 0,6 percentage points. The empowerment of the Commission to borrow funds on capital markets on behalf of the Union for the sole and exclusive purpose of financing measures to address the consequences of the COVID-19 crisis is closely related to the increase in the own resources ceilings foreseen in this Decision and, ultimately, to the functioning of the system of own resources of the Union. Accordingly, that empowerment should be included in this Decision. The unprecedented nature of this operation and the exceptional amount of the funds to be borrowed call for certainty about the overall volume of the Union’s liability and the essential features of its repayment, as well as for the implementation of a diversified borrowing strategy.

| (17) | The increase in the own resources ceilings is necessary since the ceilings would otherwise not be sufficient to ensure the availability of adequate resources that the Union needs to meet the liabilities resulting from the exceptional and temporary empowerment to borrow funds. The need to have recourse to this additional allocation will also only be temporary since the relevant financial obligations and contingent liabilities will decrease over time as the borrowed funds are repaid and the loans mature. Therefore, the increase should expire when all funds borrowed have been repaid and all contingent liabilities relating to loans provided on the basis of those funds have ceased, which should be by 31 December 2058 at the latest. |
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(17)

The increase in the own resources ceilings is necessary since the ceilings would otherwise not be sufficient to ensure the availability of adequate resources that the Union needs to meet the liabilities resulting from the exceptional and temporary empowerment to borrow funds. The need to have recourse to this additional allocation will also only be temporary since the relevant financial obligations and contingent liabilities will decrease over time as the borrowed funds are repaid and the loans mature. Therefore, the increase should expire when all funds borrowed have been repaid and all contingent liabilities relating to loans provided on the basis of those funds have ceased, which should be by 31 December 2058 at the latest.

| (18) | Activities of the Union to address the consequences of the COVID-19 crisis need to be significant and must take place over a relatively short period. The borrowing of funds needs to follow this timing. Therefore, new net borrowing activity should stop at the latest at the end of 2026. After 2026 borrowing operations should be strictly limited to refinancing operations to ensure an efficient debt management. The Commission, when implementing the operations through a diversified funding strategy, should make the best use of the capacity of the markets to absorb the borrowing of such significant amounts of funds with different maturities, including short-term financing for the purpose of cash management, and ensuring the most advantageous repayment conditions. In addition, the Commission should regularly and comprehensively inform the European Parliament and the Council about all aspects of its debt management. Once the payment schedules for the policies to be funded by the borrowing are known, the Commission will communicate an issuance calendar containing the expected issuance dates and expected volumes for the forthcoming year as well as a plan setting out the expected principal and interest payments to the European Parliament and the Council. The Commission should update that calendar regularly. |
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(18)

Activities of the Union to address the consequences of the COVID-19 crisis need to be significant and must take place over a relatively short period. The borrowing of funds needs to follow this timing. Therefore, new net borrowing activity should stop at the latest at the end of 2026. After 2026 borrowing operations should be strictly limited to refinancing operations to ensure an efficient debt management. The Commission, when implementing the operations through a diversified funding strategy, should make the best use of the capacity of the markets to absorb the borrowing of such significant amounts of funds with different maturities, including short-term financing for the purpose of cash management, and ensuring the most advantageous repayment conditions. In addition, the Commission should regularly and comprehensively inform the European Parliament and the Council about all aspects of its debt management. Once the payment schedules for the policies to be funded by the borrowing are known, the Commission will communicate an issuance calendar containing the expected issuance dates and expected volumes for the forthcoming year as well as a plan setting out the expected principal and interest payments to the European Parliament and the Council. The Commission should update that calendar regularly.

| (19) | The repayment of funds borrowed for the purpose of providing non-repayable support, providing repayable support through financial instruments or provisioning for budgetary guarantees, as well as payment of the interest due, should be funded by the Union budget. The borrowed funds which are used to provide loans to Member States should be repaid using the sums received from the beneficiary Member States. The necessary resources need to be allocated and made available to the Union for it to be able to cover all of its financial obligations and contingent liabilities resulting from the exceptional and temporary empowerment to borrow funds in any given year and under any circumstances, in compliance with Article 310(4) and Article 323 of the Treaty on the Functioning of the European Union (TFEU). |
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(19)

The repayment of funds borrowed for the purpose of providing non-repayable support, providing repayable support through financial instruments or provisioning for budgetary guarantees, as well as payment of the interest due, should be funded by the Union budget. The borrowed funds which are used to provide loans to Member States should be repaid using the sums received from the beneficiary Member States. The necessary resources need to be allocated and made available to the Union for it to be able to cover all of its financial obligations and contingent liabilities resulting from the exceptional and temporary empowerment to borrow funds in any given year and under any circumstances, in compliance with Article 310(4) and Article 323 of the Treaty on the Functioning of the European Union (TFEU).

| (20) | Amounts not used for interest payments as foreseen will be used for early repayments before the end of the MFF 2021-2027, with a minimum amount, and can be increased above this level provided that new own resources have been introduced after 2021 in accordance with the procedure set out in the third paragraph of Article 311 TFEU. All liabilities incurred by the exceptional and temporary empowerment to borrow funds should be fully repaid by 31 December 2058. In order to ensure the efficient budgetary management of the appropriations needed to cover repayments for the funds borrowed, it is appropriate to provide for the possibility of underlying budgetary commitments being broken down in annual instalments. |
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(20)

Amounts not used for interest payments as foreseen will be used for early repayments before the end of the MFF 2021-2027, with a minimum amount, and can be increased above this level provided that new own resources have been introduced after 2021 in accordance with the procedure set out in the third paragraph of Article 311 TFEU. All liabilities incurred by the exceptional and temporary empowerment to borrow funds should be fully repaid by 31 December 2058. In order to ensure the efficient budgetary management of the appropriations needed to cover repayments for the funds borrowed, it is appropriate to provide for the possibility of underlying budgetary commitments being broken down in annual instalments.

| (21) | The schedule of repayments should respect the principle of sound financial management and cover the entire volume of funds borrowed under the empowerment of the Commission with a view to achieving a steady and predictable reduction of liabilities during the overall period. For that purpose, the amounts due by the Union in a given year for the repayment of the principal should not exceed 7,5 % of the maximum amount of EUR 390 000 million for expenditure. |
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(21)

The schedule of repayments should respect the principle of sound financial management and cover the entire volume of funds borrowed under the empowerment of the Commission with a view to achieving a steady and predictable reduction of liabilities during the overall period. For that purpose, the amounts due by the Union in a given year for the repayment of the principal should not exceed 7,5 % of the maximum amount of EUR 390 000 million for expenditure.

| (22) | Given the features of the exceptional, temporary and limited empowerment of the Commission to borrow funds for the purpose of addressing the consequences of the COVID-19 crisis, it should be clarified that, as a rule, the Union should not use funds borrowed on capital markets for the financing of operational expenditure. |
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(22)

Given the features of the exceptional, temporary and limited empowerment of the Commission to borrow funds for the purpose of addressing the consequences of the COVID-19 crisis, it should be clarified that, as a rule, the Union should not use funds borrowed on capital markets for the financing of operational expenditure.

| (23) | In order to ensure that the Union is always able to fulfil its legal obligations in respect of third parties in a timely manner, specific rules should be provided by this Decision authorising the Commission, during the period of the temporary increase in the own resources ceilings, to call on Member States to provisionally make available the relevant cash resources if the authorised appropriations entered in the Union budget are not sufficient to cover liabilities arising from the borrowing linked to that temporary increase. The Commission should, as its last resort, only be able to call cash resources if it cannot generate the necessary liquidity by activating other measures of active cash management, including, if necessary, through a recourse to short-term financing on capital markets, in order to ensure timely compliance with the Union’s obligations towards lenders. It is appropriate to provide that such calls should be announced by the Commission to Member States duly in advance and should be strictly pro rata to the estimated budget revenue of each Member State, and in any case, limited to their share of the temporarily increased own resources ceiling, that is 0,6 % of Member States’ GNI. However, if a Member State fails, in full or in part, to honour a call on time, or if it notifies the Commission that it will not be able to honour a call, the Commission should nevertheless be authorised on a provisional basis to make additional calls on other Member States on a pro rata basis. It is appropriate to provide a maximum amount that the Commission may annually call from a Member State. The Commission is expected to submit the necessary proposals for the purpose of entering the expenditure covered by the amounts of cash resources provisionally provided by the Member States in the Union budget in order to ensure that those resources are taken into account as early as possible for the purpose of crediting own resources to accounts by the Member States, i.e. in accordance with the applicable legal framework and thus on the basis of the respective GNI keys and without prejudice to other own resources and other revenues. |
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(23)

In order to ensure that the Union is always able to fulfil its legal obligations in respect of third parties in a timely manner, specific rules should be provided by this Decision authorising the Commission, during the period of the temporary increase in the own resources ceilings, to call on Member States to provisionally make available the relevant cash resources if the authorised appropriations entered in the Union budget are not sufficient to cover liabilities arising from the borrowing linked to that temporary increase. The Commission should, as its last resort, only be able to call cash resources if it cannot generate the necessary liquidity by activating other measures of active cash management, including, if necessary, through a recourse to short-term financing on capital markets, in order to ensure timely compliance with the Union’s obligations towards lenders. It is appropriate to provide that such calls should be announced by the Commission to Member States duly in advance and should be strictly pro rata to the estimated budget revenue of each Member State, and in any case, limited to their share of the temporarily increased own resources ceiling, that is 0,6 % of Member States’ GNI. However, if a Member State fails, in full or in part, to honour a call on time, or if it notifies the Commission that it will not be able to honour a call, the Commission should nevertheless be authorised on a provisional basis to make additional calls on other Member States on a pro rata basis. It is appropriate to provide a maximum amount that the Commission may annually call from a Member State. The Commission is expected to submit the necessary proposals for the purpose of entering the expenditure covered by the amounts of cash resources provisionally provided by the Member States in the Union budget in order to ensure that those resources are taken into account as early as possible for the purpose of crediting own resources to accounts by the Member States, i.e. in accordance with the applicable legal framework and thus on the basis of the respective GNI keys and without prejudice to other own resources and other revenues.

| (24) | Under the fourth paragraph of Article 311 TFEU, a Council regulation laying down implementing measures for the system of own resources of the Union will be adopted. Those measures should include provisions of a general and technical nature that are applicable to all categories of own resources. Those measures should include detailed rules for the calculation and budgeting of the balance, as well as the provisions and arrangements necessary for controlling and supervising the collection of own resources. |
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(24)

Under the fourth paragraph of Article 311 TFEU, a Council regulation laying down implementing measures for the system of own resources of the Union will be adopted. Those measures should include provisions of a general and technical nature that are applicable to all categories of own resources. Those measures should include detailed rules for the calculation and budgeting of the balance, as well as the provisions and arrangements necessary for controlling and supervising the collection of own resources.

| (25) | This Decision should enter into force only once it has been approved by all Member States in accordance with their respective constitutional requirements thus fully respecting national sovereignty. The European Council of 17 to 21 July 2020 noted the intention of Member States to proceed with the approval of this Decision as soon as possible. |
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(25)

This Decision should enter into force only once it has been approved by all Member States in accordance with their respective constitutional requirements thus fully respecting national sovereignty. The European Council of 17 to 21 July 2020 noted the intention of Member States to proceed with the approval of this Decision as soon as possible.

| (26) | For reasons of consistency, continuity and legal certainty, it is necessary to lay down provisions to ensure a smooth transition from the system introduced by Council Decision 2014/335 EU, Euratom (3) to that provided for in this Decision. |
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(26)

For reasons of consistency, continuity and legal certainty, it is necessary to lay down provisions to ensure a smooth transition from the system introduced by Council Decision 2014/335 EU, Euratom (3) to that provided for in this Decision.

| (27) | Decision 2014/335/EU, Euratom should be repealed. |
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(27)

Decision 2014/335/EU, Euratom should be repealed.

| (28) | For the purposes of this Decision, all monetary amounts should be expressed in euro. |
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(28)

For the purposes of this Decision, all monetary amounts should be expressed in euro.

| (29) | Due to the need to urgently enable borrowing with a view to financing measures to address the consequences of the COVID-19 crisis, this Decision should enter into force on the first day of the first month following receipt of the last of the notifications of the completion of the procedures for the adoption of this Decision. |
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(29)

Due to the need to urgently enable borrowing with a view to financing measures to address the consequences of the COVID-19 crisis, this Decision should enter into force on the first day of the first month following receipt of the last of the notifications of the completion of the procedures for the adoption of this Decision.

| (30) | In order to ensure the transition to the revised system of own resources and to make this Decision coincide with the financial year, this Decision should apply from 1 January 2021, |
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(30)

In order to ensure the transition to the revised system of own resources and to make this Decision coincide with the financial year, this Decision should apply from 1 January 2021,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down rules on the allocation of own resources to the Union in order to ensure the financing of the Union’s annual budget.

Article 2

Categories of own resources and specific methods for their calculation

1.   Revenue from the following shall constitute own resources entered in the Union budget:

| (a) | traditional own resources consisting of levies, premiums, additional or compensatory amounts, additional amounts or factors, Common Customs Tariff duties and other duties established or to be established by the institutions of the Union in respect of trade with third countries, customs duties on products under the expired Treaty establishing the European Coal and Steel Community, as well as contributions and other duties provided for within the framework of the common organisation of the markets in sugar; |
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(a)

traditional own resources consisting of levies, premiums, additional or compensatory amounts, additional amounts or factors, Common Customs Tariff duties and other duties established or to be established by the institutions of the Union in respect of trade with third countries, customs duties on products under the expired Treaty establishing the European Coal and Steel Community, as well as contributions and other duties provided for within the framework of the common organisation of the markets in sugar;

| (b) | the application of a uniform call rate of 0,30 % for all Member States to the total amount of VAT receipts collected in respect of all taxable supplies divided by the weighted average VAT rate calculated for the relevant calendar year as stipulated in Council Regulation (EEC, Euratom) No 1553/89 (4). For each Member State the VAT base to be taken into account for this purpose shall not exceed 50 % of GNI; |
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(b)

the application of a uniform call rate of 0,30 % for all Member States to the total amount of VAT receipts collected in respect of all taxable supplies divided by the weighted average VAT rate calculated for the relevant calendar year as stipulated in Council Regulation (EEC, Euratom) No 1553/89 (4). For each Member State the VAT base to be taken into account for this purpose shall not exceed 50 % of GNI;

| (c) | the application of a uniform call rate to the weight of plastic packaging waste generated in each Member State that is not recycled. The uniform call rate shall be EUR 0,80 per kilogram. An annual lump sum reduction for certain Member States as defined in the third subparagraph of paragraph 2 shall apply; |
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(c)

the application of a uniform call rate to the weight of plastic packaging waste generated in each Member State that is not recycled. The uniform call rate shall be EUR 0,80 per kilogram. An annual lump sum reduction for certain Member States as defined in the third subparagraph of paragraph 2 shall apply;

| (d) | the application of a uniform call rate, to be determined pursuant to the budgetary procedure in the light of the total of all other revenue, to the sum of GNI of all the Member States. |
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(d)

the application of a uniform call rate, to be determined pursuant to the budgetary procedure in the light of the total of all other revenue, to the sum of GNI of all the Member States.

2.   For the purposes of point (c) of paragraph 1 of this Article, ‘plastic’ shall mean a polymer within the meaning of point (5) of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (5), to which additives or other substances may have been added; ‘packaging waste’ and ‘recycling’ shall have the meaning assigned to those terms in points (2) and (2c) of Article 3 of European Parliament and Council Directive 94/62/EC (6) respectively, and as used in Commission Decision 2005/270/EC (7).

The weight of plastic packaging waste that is not recycled shall be calculated as the difference between the weight of the plastic packaging waste generated in a Member State in a given year and the weight of the plastic packaging waste recycled in that year that is determined pursuant to Directive 94/62/EC.

The following Member States shall be entitled to annual lump sum reductions, expressed in current prices, to be applied to their respective contributions under point (c) of paragraph 1 in the amount of EUR 22 million for Bulgaria, EUR 32,1876 million for Czechia, EUR 4 million for Estonia, EUR 33 million for Greece, EUR 142 million for Spain, EUR 13 million for Croatia, EUR 184,0480 million for Italy, EUR 3 million for Cyprus, EUR 6 million for Latvia, EUR 9 million for Lithuania, EUR 30 million for Hungary, EUR 1,4159 million for Malta, EUR 117 million for Poland, EUR 31,3220 million for Portugal, EUR 60 million for Romania, EUR 6,2797 million for Slovenia and EUR 17 million for Slovakia.

3.   For the purposes of point (d) of paragraph 1, the uniform call rate shall apply to the GNI of each Member State.

GNI as referred to in point (d) of paragraph 1 means annual GNI at market prices, as provided by the Commission in application of Regulation (EU) No 549/2013.

4.   For the period 2021-2027, the following Member States shall benefit from a gross reduction in their annual GNI-based contributions under point (d) of paragraph 1 in the amount of EUR 565 million for Austria, EUR 377 million for Denmark, EUR 3 671 million for Germany, EUR 1 921 million for the Netherlands and EUR 1 069 million for Sweden. Those amounts shall be measured in 2020 prices and adjusted to current prices by applying the most recent gross domestic product deflator for the Union expressed in euro, as provided by the Commission, which is available when the draft budget is drawn up. Those gross reductions shall be financed by all Member States.

5.   If, at the beginning of the financial year, the Union budget has not been adopted, the previous uniform call rates based on GNI shall continue to apply until the entry into force of the new rates.

Article 3

Own resources ceilings

1.   The total amount of own resources allocated to the Union to cover annual appropriations for payments shall not exceed 1,40 % of the sum of all the Member States’ GNIs.

2.   The total annual amount of appropriations for commitments entered in the Union budget shall not exceed 1,46 % of the sum of all the Member States’ GNIs.

3.   An orderly ratio between appropriations for commitments and appropriations for payments shall be maintained to guarantee their compatibility and to enable the ceiling set in paragraph 1 to be complied with in subsequent years.

4.   Where amendments to Regulation (EU) No 549/2013 result in significant changes in the level of GNI, the Commission shall recalculate the ceilings set out in paragraphs 1 and 2 as temporarily increased in accordance with Article 6 on the basis of the following formula:

Image 1

where:

| — | ‘x %’ is the own resources ceiling for appropriations for payments; |
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—

‘x %’ is the own resources ceiling for appropriations for payments;

| — | ‘y %’ is the own resources ceiling for appropriations for commitments; |
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—

‘y %’ is the own resources ceiling for appropriations for commitments;

| — | ‘t’ is the latest full year for which the data defined by Regulation (EU) 2019/516 (8) is available, |
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—

‘t’ is the latest full year for which the data defined by Regulation (EU) 2019/516 (8) is available,

| — | ‘ESA’ is the European system of national and regional accounts in the Union. |
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—

‘ESA’ is the European system of national and regional accounts in the Union.

Article 4

Use of funds borrowed on capital markets

The Union shall not use funds borrowed on capital markets for the financing of operational expenditure.

Article 5

Extraordinary and temporary additional means to address the consequences of the COVID-19 crisis

1.   For the sole purpose of addressing the consequences of the COVID-19 crisis through the Council Regulation establishing a European Union Recovery Instrument and the sectoral legislation referred to therein:

| (a) | the Commission shall be empowered to borrow funds on capital markets on behalf of the Union up to EUR 750 000 million in 2018 prices. The borrowing operations shall be carried out in euro; |
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(a)

the Commission shall be empowered to borrow funds on capital markets on behalf of the Union up to EUR 750 000 million in 2018 prices. The borrowing operations shall be carried out in euro;

| (b) | up to EUR 360 000 million in 2018 prices of the funds borrowed may be used for providing loans and, by way of derogation from Article 4, up to EUR 390 000 million in 2018 prices of the funds borrowed may be used for expenditure. |
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(b)

up to EUR 360 000 million in 2018 prices of the funds borrowed may be used for providing loans and, by way of derogation from Article 4, up to EUR 390 000 million in 2018 prices of the funds borrowed may be used for expenditure.

The amount referred to in point (a) of the first subparagraph shall be adjusted on the basis of a fixed deflator of 2 % per year. Each year the Commission shall communicate to the European Parliament and the Council the amount as adjusted.

The Commission shall manage the borrowing referred to in point (a) of the first subparagraph so that no new net borrowing takes place after 2026.

2.   The repayment of the principal of the funds borrowed to be used for expenditure as referred to in point (b) of the first subparagraph of paragraph 1 of this Article and the related interest due shall be borne by the Union budget. The budgetary commitments may be broken down over several years into annual instalments in accordance with Article 112(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (9).

The repayment of the funds referred to in point (a) of the first subparagraph of paragraph 1 of this Article shall be scheduled, in accordance with the principle of sound financial management, so as to ensure the steady and predictable reduction of liabilities. Repayments of the principal of the funds shall start before the end of the MFF 2021-2027 period, with a minimum amount, insofar as amounts not used for interest payments due under the borrowing referred to in paragraph 1 of this Article allow it, with due regard to the procedure set out in Article 314 TFEU. All liabilities incurred by the exceptional and temporary empowerment of the Commission to borrow funds referred to in paragraph 1 of this Article shall be fully repaid at the latest by 31 December 2058.

The amounts due by the Union in a given year for the repayment of the principal of the funds referred to in the first subparagraph of this paragraph shall not exceed 7,5 % of the maximum amount to be used for expenditure referred to in point (b) of the first subparagraph of paragraph 1.

3.   The Commission shall establish the necessary arrangements for the administration of the borrowing operations. The Commission shall regularly and comprehensively inform the European Parliament and the Council about all aspects of its debt management strategy. The Commission shall establish an issuance calendar containing the expected issuance dates and volumes for the forthcoming year as well as a plan setting out the expected principal and interest payments, and communicate it to the European Parliament and the Council. The Commission shall update that calendar regularly.

Article 6

Extraordinary and temporary increase in the own resources ceilings for the allocation of the resources necessary for addressing the consequences of the COVID-19 crisis

The ceilings set out in Article 3(1) and (2) shall each be temporarily increased by 0,6 percentage points for the sole purpose of covering all liabilities of the Union resulting from the borrowing referred to in Article 5 until all such liabilities have ceased to exist, and at the latest by 31 December 2058.

The increase in the own resources ceilings shall not be used to cover any other liabilities of the Union.

Article 7

Universality principle

The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the Union’s annual budget.

Article 8

Carry-over of surplus

Any surplus of the Union’s revenue over total actual expenditure during a financial year shall be carried over to the following financial year.

Article 9

Collecting own resources and making them available to the Commission

1.   The own resources referred to in point (a) of Article 2(1) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action. Member States shall, where appropriate, adapt those provisions to meet the requirements of Union rules.

The Commission shall examine the relevant national provisions communicated to it by Member States, transmit to Member States the adjustments it deems necessary in order to ensure that they comply with Union rules and report, if necessary, to the European Parliament and the Council.

2.   Member States shall retain, by way of collection costs, 25 % of the amounts referred to in point (a) of Article 2(1).

3.   Member States shall make the own resources provided for in Article 2(1) of this Decision available to the Commission, in accordance with regulations adopted under Article 322(2) TFEU.

4.   Without prejudice to Article 14(2) of Council Regulation (EU, Euratom) No 609/2014 (10), if the authorised appropriations entered in the Union budget are not sufficient for the Union to comply with its obligations resulting from the borrowing referred to in Article 5 of this Decision and the Commission cannot generate the necessary liquidity by activating other measures provided for by the financial arrangements applying to such borrowing in time to ensure compliance with the Union’s obligations, including through active cash management and, if necessary, through a recourse to short-term financing on capital markets consistent with the conditions and limits set out in point (a) of the first subparagraph of Article 5(1) and Article 5(2) of this Decision, the Member States, as the Commission’s last resort, shall make the resources necessary for that purpose available to the Commission. In such cases, paragraphs 5 to 9 of this Article shall apply by way of derogation from Article 14(3) and from the first subparagraph of Article 14(4) of Regulation (EU, Euratom) No 609/2014.

5.   Subject to the second subparagraph of Article 14(4) of Regulation (EU, Euratom) No 609/2014, the Commission may call on the Member States to provisionally provide the difference between the overall assets and the cash resource requirements, in proportion (‘pro rata’) to the estimated budget revenue of each of them. The Commission shall announce such calls to Member States duly in advance. The Commission will establish a structured dialogue with national debt management offices and treasuries in respect of its issuance and repayment schedules.

If a Member State fails, in full or in part, to honour a call on time, or if it notifies the Commission that it will not be able to honour a call, in order to cover for the part corresponding to the Member State concerned, the Commission shall provisionally have the right to make additional calls on the other Member States. Such calls shall be pro rata to the estimated budget revenue of each of the other Member States. The Member State which failed to honour a call shall remain liable to honour it.

6.   The maximum total annual amount of cash resources that may be called from a Member State under paragraph 5 shall in all circumstances be limited to its GNI-based relative share in the extraordinary and temporary increase in the own resources ceiling as referred to in Article 6. For this purpose, the GNI-based relative share shall be calculated as the share in the total GNI of the Union, as resulting from the respective column in the revenue part of the last adopted annual Union budget.

7.   Any provision of cash resources pursuant to paragraphs 5 and 6 shall be compensated without delay in line with the applicable legal framework for the Union budget.

8.   The expenditure covered by the amounts of cash resources provisionally provided by Member States in accordance with paragraph 5 shall be entered in the Union budget without delay in order to ensure that the related revenue is taken into account as early as possible for the purpose of crediting own resources to accounts by the Member States in accordance with the relevant provisions of Regulation (EU, Euratom) No 609/2014.

9.   On an annual basis, the application of paragraph 5 shall not lead to calling cash resources in excess of the own resources ceilings referred to in Article 3 as increased in accordance with Article 6.

Article 10

Implementing measures

The Council shall lay down implementing measures in accordance with the procedure set out in the fourth paragraph of Article 311 TFEU as regards the following elements of the system of own resources of the Union:

| (a) | the procedure for calculating and budgeting the annual budgetary balance as set out in Article 8; |
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(a)

the procedure for calculating and budgeting the annual budgetary balance as set out in Article 8;

| (b) | the provisions and arrangements necessary for controlling and supervising the collection of the own resources referred to in Article 2(1) and any relevant reporting requirements. |
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(b)

the provisions and arrangements necessary for controlling and supervising the collection of the own resources referred to in Article 2(1) and any relevant reporting requirements.

Article 11

Final and transitional provisions

1.   Subject to paragraph 2, Decision 2014/335/EU, Euratom is repealed. Any references to Council Decision 70/243/ECSC, EEC, Euratom (11), to Council Decision 85/257/EEC, Euratom (12), to Council Decision 88/376/EEC, Euratom (13), to Council Decision 94/728/EC, Euratom (14), to Council Decision 2000/597/EC, Euratom (15), to Council Decision 2007/436/EC, Euratom (16) or to Decision 2014/335/EU, Euratom shall be construed as references to this Decision; references to the repealed Decision shall be read in accordance with the correlation table in the Annex to this Decision.

2.   Articles 2, 4 and 5 of Decision 94/728/EC, Euratom, Articles 2, 4 and 5 of Decision 2000/597/EC, Euratom, Articles 2, 4 and 5 of Decision 2007/436/EC, Euratom and Articles 2, 4 and 5 of Decision 2014/335/EU, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of the rate of call to the VAT base determined in a uniform manner and limited to between 50 % and 55 % of the GNP or GNI of each Member State, depending on the relevant year, to the calculation of the correction of budgetary imbalances granted to the United Kingdom in the years 1995 to 2020 and to the calculation of the financing of the corrections granted to the United Kingdom by other Members States.

3.   Member States shall continue to retain, by way of collection costs, 10 % of the amounts referred to in point (a) of Article 2(1) which should have been made available by the Member States before 28 February 2001 in accordance with the applicable Union rules.

4.   Member States shall continue to retain, by way of collection costs, 25 % of the amounts referred to in point (a) of Article 2(1) which should have been made available by the Member States between 1 March 2001 and 28 February 2014 in accordance with the applicable Union rules.

5.   Member States shall continue to retain, by way of collection costs, 20 % of the amounts referred to in point (a) of Article 2(1) which should have been made available by the Member States between 1 March 2014 and 28 February 2021 in accordance with the applicable Union rules.

6.   For the purposes of this Decision, all monetary amounts shall be expressed in euro.

Article 12

Entry into force

The Secretary-General of the Council shall notify the Member States of this Decision.

Member States shall notify the Secretary-General of the Council without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.

This Decision shall enter into force on the first day of the first month following receipt of the last of the notifications referred to in the second paragraph.

It shall apply from 1 January 2021.

Article 13

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 14 December 2020.

For the Council

The President

M. ROTH

---

(1)  Opinion of 16 September 2020 (not yet published in the Official Journal).

1

(2)  Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).

2

(3)  Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 105).

3

(4)  Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (OJ L 155, 7.6.1989, p. 9).

4

(5)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

5

(6)  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

6

(7)  Commission Decision 2005/270/EC of 22 March 2005 establishing the formats relating to the database system pursuant to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (OJ L 86, 5.4.2005, p. 6).

7

(8)  Regulation (EU) 2019/516 of the European Parliament and of the Council of 19 March 2019 on the harmonisation of gross national income at market prices and repealing Council Directive 89/130/EEC, Euratom and Council Regulation (EC, Euratom) No 1287/2003 (GNI Regulation) (OJ L 91, 29.3.2019, p. 19).

8

(9)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

9

(10)  Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional, VAT and GNI-based own resources and on the measures to meet cash requirements (OJ L 168, 7.6.2014, p. 39).

10

(11)  Council Decision 70/243/ECSC, EEC, Euratom of 21 April 1970 on the replacement of financial contributions from Member States by the Communities’ own resources (OJ L 94, 28.4.1970, p. 19).

11

(12)  Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities’ system of own resources (OJ L 128, 14.5.1985, p. 15).

12

(13)  Council Decision 88/376/EEC, Euratom of 24 June 1988 on the system of the Communities’ own resources (OJ L 185, 15.7.1988, p. 24).

13

(14)  Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities’ own resources (OJ L 293, 12.11.1994, p. 9).

14

(15)  Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (OJ L 253, 7.10.2000, p. 42).

15

(16)  Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (OJ L 163, 23.6.2007, p. 17).

16

---

ANNEX

CORRELATION TABLE

| Decision 2014/335/EU, Euratom | This Decision |
| --- | --- |
| Article 1 | Article 1 |
| Article 2(1)(a) | Article 2(1)(a) |
| Article 2(1)(b) | Article 2(1)(b) |
| - | Article 2(1)(c) |
| Article 2(1)(c) | Article 2(1)(d) |
| Article 2(2) | - |
| - | Article 2(2) |
| Article 2(3) | Article 9(2) |
| Article 2(4) | Article 2(1)(b) |
| Article 2(5) | Article 2(3), first subparagraph and Article 2(4) |
| Article 2(6) | Article 2(5) |
| Article 2(7) | Article 2(3), second subparagraph and Article 3(4) |
| Article 3(1) | Article 3(1) |
| Article 3(2) | Article 3(2) and (3) |
| Article 3(3) | - |
| Article 3(4) | Article 3(4) |
| Article 4 | - |
| - | Article 4 |
| Article 5 | - |
| - | Article 5 |
| - | Article 6 |
| Article 6 | Article 7 |
| Article 7 | Article 8 |
| Article 8(1) | Article 9(1) |
| Article 8(2) | Article 9(3) |
| - | Article 9(4) to (9) |
| Article 9 | Article 10 |
| Article 10(1) | Article 11(1) |
| Article 10(2) | Article 11(2) |
| Article 10(3) | Article 11(3) |
| Article 10(3), second subparagraph | Article 11(4) |
| - | Article 11(5) |
| Article 10(4) | Article 11(6) |
| Article 11 | Article 12 |
| Article 12 | - |
| - | Article 13 |

Decision 2014/335/EU, Euratom

This Decision

Article 1

Article 1

Article 2(1)(a)

Article 2(1)(a)

Article 2(1)(b)

Article 2(1)(b)

-

Article 2(1)(c)

Article 2(1)(c)

Article 2(1)(d)

Article 2(2)

-

-

Article 2(2)

Article 2(3)

Article 9(2)

Article 2(4)

Article 2(1)(b)

Article 2(5)

Article 2(3), first subparagraph and Article 2(4)

Article 2(6)

Article 2(5)

Article 2(7)

Article 2(3), second subparagraph and Article 3(4)

Article 3(1)

Article 3(1)

Article 3(2)

Article 3(2) and (3)

Article 3(3)

-

Article 3(4)

Article 3(4)

Article 4

-

-

Article 4

Article 5

-

-

Article 5

-

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8(1)

Article 9(1)

Article 8(2)

Article 9(3)

-

Article 9(4) to (9)

Article 9

Article 10

Article 10(1)

Article 11(1)

Article 10(2)

Article 11(2)

Article 10(3)

Article 11(3)

Article 10(3), second subparagraph

Article 11(4)

-

Article 11(5)

Article 10(4)

Article 11(6)

Article 11

Article 12

Article 12

-

-

Article 13

---

II Non-legislative acts

DECISIONS

| 15.12.2020 | EN | Official Journal of the European Union | L 424/11 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/11

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COUNCIL DECISION (EU) 2020/2054

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Economic Community and the Swiss Confederation (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 2840/72 of the Council (1) and entered into force on 1 January 1973. |
| --- | --- |

(1)

The Agreement between the European Economic Community and the Swiss Confederation (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 2840/72 of the Council (1) and entered into force on 1 January 1973.

| (2) | The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Joint Committee established by Article 29 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Joint Committee established by Article 29 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 3.

| (3) | The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Swiss Confederation have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Swiss Confederation have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation as regards the amendment of that Agreement by replacing Protocol 3 thereto, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Regulation (EEC) No 2840/72 of the Council of 19 December 1972 concluding an Agreement between the European Economic Community and the Swiss Confederation and adopting provisions for its implementation and concluding an additional Agreement concerning the validity, for the Principality of Liechtenstein of the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 (OJ L 300, 31.12.1972, p. 188).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 10245/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/13 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/13

---

COUNCIL DECISION (EU) 2020/2055

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 97/126/EC (1) and entered into force on 1 January 1997. |
| --- | --- |

(1)

The Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 97/126/EC (1) and entered into force on 1 January 1997.

| (2) | The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Joint Committee established by Article 31 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Joint Committee established by Article 31 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 3.

| (3) | The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Faroe Islands have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Faroe Islands have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council Decision 97/126/EC of 6 December 1996 concerning the conclusion of an agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (OJ L 53, 22.2.1997, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 10257/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/15 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/15

---

COUNCIL DECISION (EU) 2020/2056

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Economic Community and the Kingdom of Norway (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 1691/73 of the Council (1) and entered into force on 1 July 1973. |
| --- | --- |

(1)

The Agreement between the European Economic Community and the Kingdom of Norway (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 1691/73 of the Council (1) and entered into force on 1 July 1973.

| (2) | The Agreement includes Protocol No 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol No 3’). Pursuant to Article 3 of Protocol No 3, the Joint Committee established by Article 29 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol No 3. |
| --- | --- |

(2)

The Agreement includes Protocol No 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol No 3’). Pursuant to Article 3 of Protocol No 3, the Joint Committee established by Article 29 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol No 3.

| (3) | The Joint Committee will adopt a decision amending the Agreement by replacing Protocol No 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending the Agreement by replacing Protocol No 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol No 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol No 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Kingdom of Norway have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Kingdom of Norway have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway as regards the amendment of that Agreement by replacing Protocol No 3 thereto, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Regulation (EEC) No 1691/73 of the Council of 25 June 1973 concluding an Agreement between the European Economic Community and the Kingdom of Norway and adopting provisions for its implementation (OJ L 171, 27.6.1973, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 10281/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/17 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/17

---

COUNCIL DECISION (EU) 2020/2057

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland as regards the amendment of that Agreement by replacing Protocol No 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Economic Community and the Republic of Iceland (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 2842/72 of the Council (1) and entered into force on 1 April 1973. |
| --- | --- |

(1)

The Agreement between the European Economic Community and the Republic of Iceland (‘the Agreement’) was concluded by the Union by Regulation (EEC) No 2842/72 of the Council (1) and entered into force on 1 April 1973.

| (2) | The Agreement includes Protocol No 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol No 3’). Pursuant to Article 3 of Protocol No 3, the Joint Committee established by Article 30 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol No 3. |
| --- | --- |

(2)

The Agreement includes Protocol No 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol No 3’). Pursuant to Article 3 of Protocol No 3, the Joint Committee established by Article 30 of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol No 3.

| (3) | The Joint Committee will adopt a decision amending the Agreement by replacing Protocol No 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending the Agreement by replacing Protocol No 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol No 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol No 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Iceland have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Iceland have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland as regards the amendment of that Agreement by replacing Protocol No 3 thereto, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Regulation (EEC) No 2842/72 of the Council of 19 December 1972 concluding an Agreement between the European Economic Community and the Republic of Iceland and adopting provisions for its implementation (OJ L 301, 31.12.1972, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 10292/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/19 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/19

---

COUNCIL DECISION (EU) 2020/2058

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 (on rules of origin) to that Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement on the European Economic Area (‘the EEA Agreement’) was concluded by the Union by Decision 94/1/ECSC, EC of the Council and the Commission (1) and entered into force on 1 January 1994. |
| --- | --- |

(1)

The Agreement on the European Economic Area (‘the EEA Agreement’) was concluded by the Union by Decision 94/1/ECSC, EC of the Council and the Commission (1) and entered into force on 1 January 1994.

| (2) | Protocol 4 to the EEA Agreement lays down the rules of origin. Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by Article 92 of the EEA Agreement (‘the Joint Committee’) may decide to amend Protocol 4. |
| --- | --- |

(2)

Protocol 4 to the EEA Agreement lays down the rules of origin. Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by Article 92 of the EEA Agreement (‘the Joint Committee’) may decide to amend Protocol 4.

| (3) | The Joint Committee will adopt a decision amending Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the EEA Parties have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(6)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the EEA Parties have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (7) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(7)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement on the European Economic Area as regards the amendment of Protocol 4 to that Agreement, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Decision 94/1/ECSC, EC of the Council and the Commission of 13 December 1993 on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (OJ L 1, 3.1.1994, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 10297/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/21 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/21

---

COUNCIL DECISION (EU) 2020/2059

of 7 December 2020

on the position to be taken on behalf of the European Union in the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment of certain provisions of Protocol II concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1) (the ‘Agreement’), signed on 30 July 2009, established a framework for an Economic Partnership Agreement. The Agreement has been provisionally applied by the Independent State of Papua New Guinea and the Republic of Fiji since 20 December 2009 and 28 July 2014 respectively. Following their accession to the Agreement, the Independent State of Samoa and the Solomon Islands have also been provisionally applying the Agreement, since 31 December 2018 and 17 May 2020 respectively. |
| --- | --- |

(1)

The Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1) (the ‘Agreement’), signed on 30 July 2009, established a framework for an Economic Partnership Agreement. The Agreement has been provisionally applied by the Independent State of Papua New Guinea and the Republic of Fiji since 20 December 2009 and 28 July 2014 respectively. Following their accession to the Agreement, the Independent State of Samoa and the Solomon Islands have also been provisionally applying the Agreement, since 31 December 2018 and 17 May 2020 respectively.

| (2) | Pursuant to Article 68 of the Agreement and Article 41 of Protocol II concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol II’), the Trade Committee established under the Agreement (the ‘EU-Pacific Trade Committee’) may decide to amend the provisions of Protocol II. |
| --- | --- |

(2)

Pursuant to Article 68 of the Agreement and Article 41 of Protocol II concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol II’), the Trade Committee established under the Agreement (the ‘EU-Pacific Trade Committee’) may decide to amend the provisions of Protocol II.

| (3) | The EU-Pacific Trade Committee, during its eighth meeting, is to adopt a decision amending certain provisions of Protocol II. |
| --- | --- |

(3)

The EU-Pacific Trade Committee, during its eighth meeting, is to adopt a decision amending certain provisions of Protocol II.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf in the EU-Pacific Trade Committee, as the envisaged decision will be binding on the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf in the EU-Pacific Trade Committee, as the envisaged decision will be binding on the Union.

| (5) | It is necessary to amend certain provisions of Protocol II in order to reflect recent developments on rules of origin, provide more flexible and simpler rules of origin that facilitate trade for economic operators, and optimise the utilisation rate of the preferential treatment. |
| --- | --- |

(5)

It is necessary to amend certain provisions of Protocol II in order to reflect recent developments on rules of origin, provide more flexible and simpler rules of origin that facilitate trade for economic operators, and optimise the utilisation rate of the preferential treatment.

| (6) | It is necessary to amend the headings and descriptions for certain products included in Annex II to Protocol II in order to align them with the updates made by the World Customs Organisation to the 2012 and 2017 editions of the Harmonized System (HS) Nomenclature and to maintain consistency of product descriptions and HS classification. |
| --- | --- |

(6)

It is necessary to amend the headings and descriptions for certain products included in Annex II to Protocol II in order to align them with the updates made by the World Customs Organisation to the 2012 and 2017 editions of the Harmonized System (HS) Nomenclature and to maintain consistency of product descriptions and HS classification.

| (7) | The Treaty concerning the accession of the Republic of Croatia to the European Union was signed on 9 December 2011 and entered into force on 1 July 2013. The Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty and, on the other hand, to the territories of the signatory Pacific States. Annex IV to Protocol II should therefore be amended in order to include the Croatian version of the invoice declaration. |
| --- | --- |

(7)

The Treaty concerning the accession of the Republic of Croatia to the European Union was signed on 9 December 2011 and entered into force on 1 July 2013. The Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies and under the conditions laid down in that Treaty and, on the other hand, to the territories of the signatory Pacific States. Annex IV to Protocol II should therefore be amended in order to include the Croatian version of the invoice declaration.

| (8) | Annex VIII to Protocol II lists the overseas countries and territories of the Union. Within the meaning of Protocol II ‘overseas countries and territories’ means the countries and territories referred to in Part Four of the Treaty establishing the European Community. The list in Annex VIII to Protocol IIshould be updated to take into account recent changes of status of some overseas countries and territories. |
| --- | --- |

(8)

Annex VIII to Protocol II lists the overseas countries and territories of the Union. Within the meaning of Protocol II ‘overseas countries and territories’ means the countries and territories referred to in Part Four of the Treaty establishing the European Community. The list in Annex VIII to Protocol IIshould be updated to take into account recent changes of status of some overseas countries and territories.

| (9) | Following the accession of the Independent State of Samoa and Solomon Islands to the Agreement, both States should be removed from the list of ‘other ACP States’ set out in Annex X to Protocol II, |
| --- | --- |

(9)

Following the accession of the Independent State of Samoa and Solomon Islands to the Agreement, both States should be removed from the list of ‘other ACP States’ set out in Annex X to Protocol II,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf in the eighth meeting of the EU-Pacific Trade Committee shall be based on the draft decision of the EU-Pacific Trade Committee (2).

Article 2

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

Done at Brussels, 7 December 2020.

For the Council

The President

J. BORRELL FONTELLES

---

(1)  OJ L 272, 16.10.2009, p. 2.

1

(2)  See document ST 10899/20 on http://register.consilium.europa.eu

2

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| 15.12.2020 | EN | Official Journal of the European Union | L 424/23 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/23

---

COUNCIL DECISION (EU) 2020/2060

of 7 December 2020

on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the amendment to that Agreement to take account of the accession of the Independent State of Samoa and of Solomon Islands

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1) (the ‘Agreement’), which establishes a framework for an economic partnership agreement, was signed in London on 30 July 2009. The Agreement has been provisionally applied by the Independent State of Papua New Guinea and by the Republic of Fiji since 20 December 2009 and 28 July 2014, respectively. |
| --- | --- |

(1)

The Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1) (the ‘Agreement’), which establishes a framework for an economic partnership agreement, was signed in London on 30 July 2009. The Agreement has been provisionally applied by the Independent State of Papua New Guinea and by the Republic of Fiji since 20 December 2009 and 28 July 2014, respectively.

| (2) | Article 80 of the Agreement provides for the accession of the other Pacific Island States. By Decisions (EU) 2018/1908 (2) and (EU) 2020/409 (3), respectively, the Council approved the accession of the Independent State of Samoa (Samoa) and the accession of Solomon Islands to the Agreement. Samoa acceded to the Agreement on 21 December 2018 and has provisionally applied it since 31 December 2018. Solomon Islands acceded to the Agreement on 7 May 2020 and have provisionally applied it since 17 May 2020. |
| --- | --- |

(2)

Article 80 of the Agreement provides for the accession of the other Pacific Island States. By Decisions (EU) 2018/1908 (2) and (EU) 2020/409 (3), respectively, the Council approved the accession of the Independent State of Samoa (Samoa) and the accession of Solomon Islands to the Agreement. Samoa acceded to the Agreement on 21 December 2018 and has provisionally applied it since 31 December 2018. Solomon Islands acceded to the Agreement on 7 May 2020 and have provisionally applied it since 17 May 2020.

| (3) | Following the accessions of Samoa and Solomon Islands, it is necessary to amend Annex II to the Agreement to add those countries’ market access offers to that Annex. |
| --- | --- |

(3)

Following the accessions of Samoa and Solomon Islands, it is necessary to amend Annex II to the Agreement to add those countries’ market access offers to that Annex.

| (4) | Article 68 of the Agreement establishes a Trade Committee that is to deal with all matters necessary for the implementation of the Agreement. |
| --- | --- |

(4)

Article 68 of the Agreement establishes a Trade Committee that is to deal with all matters necessary for the implementation of the Agreement.

| (5) | By Decision (EU) 2019/1707 (4), the Council determined the position to be taken on behalf of the Union in the Trade Committee as regards those amendments. At its seventh meeting, held on 3 to 4 October 2019, the Trade Committee adopted a Recommendation to the Parties to the Agreement recommending, among other things, to amend the Agreement to take account of the accession of Samoa and of future accessions of other Pacific Island States. |
| --- | --- |

(5)

By Decision (EU) 2019/1707 (4), the Council determined the position to be taken on behalf of the Union in the Trade Committee as regards those amendments. At its seventh meeting, held on 3 to 4 October 2019, the Trade Committee adopted a Recommendation to the Parties to the Agreement recommending, among other things, to amend the Agreement to take account of the accession of Samoa and of future accessions of other Pacific Island States.

| (6) | Article 13 of the Agreement provides that the Trade Committee by agreement may modify Annex II to the Agreement in any manner deemed appropriate. Accordingly, at its eighth meeting, the Trade Committee will be able to introduce that technical amendment to the Agreement to take account of the accession of Samoa and of Solomon Islands. |
| --- | --- |

(6)

Article 13 of the Agreement provides that the Trade Committee by agreement may modify Annex II to the Agreement in any manner deemed appropriate. Accordingly, at its eighth meeting, the Trade Committee will be able to introduce that technical amendment to the Agreement to take account of the accession of Samoa and of Solomon Islands.

| (7) | The Union should determine the position to be taken within the Trade Committee at its eighth meeting as regards the proposed amendment. |
| --- | --- |

(7)

The Union should determine the position to be taken within the Trade Committee at its eighth meeting as regards the proposed amendment.

| (8) | The position of the Union within the Trade Committee at its eighth meeting should therefore be based on the draft Decision of the Trade Committee, |
| --- | --- |

(8)

The position of the Union within the Trade Committee at its eighth meeting should therefore be based on the draft Decision of the Trade Committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Trade Committee at its eighth meeting as regards the amendment to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, to take account of the accession of the Independent State of Samoa and of Solomon Islands, shall be based on the draft Decision of the Trade Committee (5).

Article 2

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

Done at Brussels, 7 December 2020.

For the Council

The President

J. BORRELL FONTELLES

---

(1)  OJ L 272, 16.10.2009, p. 2.

1

(2)  Council Decision (EU) 2018/1908 of 6 December 2018 on the accession of Samoa to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (OJ L 333, 28.12.2018, p. 1).

2

(3)  Council Decision (EU) 2020/409 of 17 February 2020 on the accession of Solomon Islands to the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (OJ L 85, 20.3.2020, p. 1).

3

(4)  Council Decision (EU) 2019/1707 of 17 June 2019 on the position to be taken, on behalf of the European Union, in the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards a recommendation for certain amendments to be made to the Agreement to take account of the accession of Samoa and of future accessions of other Pacific Island States (OJ L 260, 11.10.2019, p. 45).

4

(5)  See document ST 11630/20 on http://register.consilium.europa.eu.

5

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| 15.12.2020 | EN | Official Journal of the European Union | L 424/25 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/25

---

COUNCIL DECISION (EU) 2020/2061

of 7 December 2020

on the position to be taken on behalf of the European Union within the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the establishment of the Rules of Procedure of the Trade Committee and the Rules of Procedure of the Special Committees

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | On 30 July 2009 the Union signed an Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1), (hereinafter referred to as the ‘Agreement’), which establishes a framework for an Economic Partnership Agreement. The Agreement has been provisionally applied by Papua New Guinea since 20 December 2009, Fiji since 28 July 2014, Samoa since 31 December 2018 and Solomon Islands since 17 May 2020. |
| --- | --- |

(1)

On 30 July 2009 the Union signed an Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (1), (hereinafter referred to as the ‘Agreement’), which establishes a framework for an Economic Partnership Agreement. The Agreement has been provisionally applied by Papua New Guinea since 20 December 2009, Fiji since 28 July 2014, Samoa since 31 December 2018 and Solomon Islands since 17 May 2020.

| (2) | Article 68 of the Agreement establishes a Trade Committee (hereinafter referred to as the ‘EU-Pacific Trade Committee’) which is to deal with all matters necessary for the implementation of the Agreement. |
| --- | --- |

(2)

Article 68 of the Agreement establishes a Trade Committee (hereinafter referred to as the ‘EU-Pacific Trade Committee’) which is to deal with all matters necessary for the implementation of the Agreement.

| (3) | Pursuant to Article 68 of the Agreement, the EU-Pacific Trade Committee is to establish its rules of procedure and it may set up Special Committees to which it will delegate specific implementing decision-making powers as provided for in the relevant provisions of the Agreement. |
| --- | --- |

(3)

Pursuant to Article 68 of the Agreement, the EU-Pacific Trade Committee is to establish its rules of procedure and it may set up Special Committees to which it will delegate specific implementing decision-making powers as provided for in the relevant provisions of the Agreement.

| (4) | The EU-Pacific Trade Committee, during its eighth meeting, will adopt its rules of procedure and those of the Special Committees. |
| --- | --- |

(4)

The EU-Pacific Trade Committee, during its eighth meeting, will adopt its rules of procedure and those of the Special Committees.

| (5) | The Union should determine the position to be taken within the EU Pacific Trade Committee with regard to the adoption of such rules of procedure, |
| --- | --- |

(5)

The Union should determine the position to be taken within the EU Pacific Trade Committee with regard to the adoption of such rules of procedure,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union in the eighth meeting of the Trade Committee established under the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part, as regards the establishment of the the Rules of Procedure of the EU-Pacific Trade Committee and of the Special Committees shall be based on the draft Decision of the EU-Pacific Trade Committee (2).

Article 2

After its adoption, the Decision of the EU-Pacific Trade Committee shall be published in the Official Journal of the European Union.

Article 3

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

Done at Brussels, 7 December 2020.

For the Council

The President

J. BORRELL FONTELLES

---

(1)  OJ L 272, 16.10.2009, p. 2.

1

(2)  See doc ST 11960/20 on http://register.consilium.europa.eu

2

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/27 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/27

---

COUNCIL DECISION (EU) 2020/2062

of 7 December 2020

on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2009/332/EC, Euratom (1) and entered into force on 1 April 2009. |
| --- | --- |

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2009/332/EC, Euratom (1) and entered into force on 1 April 2009.

| (2) | The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Stabilisation and Association Council established by Article 116 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 4. |
| --- | --- |

(2)

The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Stabilisation and Association Council established by Article 116 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 4.

| (3) | The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Albania have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Albania have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto, shall be based on the draft decision of the Stabilisation and Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council and Commission Decision 2009/332/EC, Euratom of 26 February 2009 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (OJ L 107, 28.4.2009, p. 165).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11141/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/29 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/29

---

COUNCIL DECISION (EU) 2020/2063

of 7 December 2020

on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the amendment of that Agreement by replacing Protocol 2 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision (EU, Euratom) 2015/998 (1) and entered into force on 1 June 2015. |
| --- | --- |

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision (EU, Euratom) 2015/998 (1) and entered into force on 1 June 2015.

| (2) | The Agreement includes Protocol 2 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 2’). Pursuant to Article 3 of Protocol 2, the Stabilisation and Association Council established by Article 115 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 2. |
| --- | --- |

(2)

The Agreement includes Protocol 2 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 2’). Pursuant to Article 3 of Protocol 2, the Stabilisation and Association Council established by Article 115 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 2.

| (3) | The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 2 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 2 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 2, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 2, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Bosnia and Herzegovina have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Bosnia and Herzegovina have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, as regards the amendment of that Agreement by replacing Protocol 2 thereto, shall be based on the draft decision of the Stabilisation and Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council and Commission Decision (EU, Euratom) 2015/998 of 21 April 2015 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (OJ L 164, 30.6.2015, p. 548).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11065/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/31 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/31

---

COUNCIL DECISION (EU) 2020/2064

of 7 December 2020

on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2004/635/EC (1) and entered into force on 1 June 2006. |
| --- | --- |

(1)

The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2004/635/EC (1) and entered into force on 1 June 2006.

| (2) | The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Association Council established by Article 74(1) of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4. |
| --- | --- |

(2)

The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Association Council established by Article 74(1) of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4.

| (3) | The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Arab Republic of Egypt have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Arab Republic of Egypt have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | The position of the Union within the Association Council should therefore be based on the draft decision, |
| --- | --- |

(8)

The position of the Union within the Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto, shall be based on the draft decision of the Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council Decision 2004/635/EC of 21 April 2004 concerning the conclusion of a Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part (OJ L 304, 30.9.2004, p. 38).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11075/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/33 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/33

---

COUNCIL DECISION (EU) 2020/2065

of 7 December 2020

on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/495/Euratom (1) and entered into force on 1 July 2016. |
| --- | --- |

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/495/Euratom (1) and entered into force on 1 July 2016.

| (2) | The Agreement includes Protocol I concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol I’). Pursuant to Article 3 of Protocol I, the Customs Sub-Committee established by Article 74(1) of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol I. |
| --- | --- |

(2)

The Agreement includes Protocol I concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol I’). Pursuant to Article 3 of Protocol I, the Customs Sub-Committee established by Article 74(1) of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol I.

| (3) | The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol I (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol I (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol I, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol I, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Georgia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Georgia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Customs Sub-Committee established by the Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto, shall be based on the draft decision of the Customs Sub-Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council Decision 2014/495/Euratom of 16 June 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 261, 30.8.2014, p. 744).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11080/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/35 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/35

---

COUNCIL DECISION (EU) 2020/2066

of 7 December 2020

on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Agreement’), was concluded by the Union by Decision 2000/384/EC, ECSC of the Council and the Commission (1) and entered into force on 1 June 2000. |
| --- | --- |

(1)

The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Agreement’), was concluded by the Union by Decision 2000/384/EC, ECSC of the Council and the Commission (1) and entered into force on 1 June 2000.

| (2) | The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 39 of Protocol 4, the Association Council established by Article 67 of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4. |
| --- | --- |

(2)

The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 39 of Protocol 4, the Association Council established by Article 67 of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4.

| (3) | The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the State of Israel have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the State of Israel have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | The position of the Union within the Association Council should therefore be based on the draft decision, |
| --- | --- |

(8)

The position of the Union within the Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Association Council established by Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto, shall be based on the draft decision of the Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Decision 2000/384/EC, ECSC of the Council and the Commission of 19 April 2000 on the conclusion of a Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (OJ L 147, 21.6.2000, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11081/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/37 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/37

---

COUNCIL DECISION (EU) 2020/2067

of 7 December 2020

on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2002/357/EC, ECSC (1) and entered into force on 1 May 2002. |
| --- | --- |

(1)

The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2002/357/EC, ECSC (1) and entered into force on 1 May 2002.

| (2) | The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 39 of Protocol 3, the Association Council established by Article 89 of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 39 of Protocol 3, the Association Council established by Article 89 of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 3.

| (3) | The Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Hashemite Kingdom of Jordan have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Hashemite Kingdom of Jordan have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | The position of the Union within the Association Council should therefore be based on the draft decision, |
| --- | --- |

(8)

The position of the Union within the Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto, shall be based on the draft decision of the Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council and Commission Decision 2002/357/EC, ECSC of 26 March 2002 on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part (OJ L 129, 15.5.2002, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11085/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/39 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/39

---

COUNCIL DECISION (EU) 2020/2068

of 7 December 2020

on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part, as regards the amendment of that Agreement by replacing Protocol III thereto concerning the concept of ‘originating products’

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part (‘the Agreement’), was concluded by the Union by Council Decision (EU) 2016/342 (1) and entered into force on 1 April 2016. |
| --- | --- |

(1)

The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part (‘the Agreement’), was concluded by the Union by Council Decision (EU) 2016/342 (1) and entered into force on 1 April 2016.

| (2) | The Agreement includes Protocol III concerning the concept of ‘originating products’ (‘Protocol III’). Pursuant to Article 4 of Protocol III, the Stabilisation and Association Council established by Article 126 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend Protocol III. |
| --- | --- |

(2)

The Agreement includes Protocol III concerning the concept of ‘originating products’ (‘Protocol III’). Pursuant to Article 4 of Protocol III, the Stabilisation and Association Council established by Article 126 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend Protocol III.

| (3) | The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol III (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol III (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol III, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol III, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Kosovo (*) have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Kosovo (*) have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part, as regards the amendment of that Agreement by replacing Protocol III thereto, shall be based on the draft decision of the Stabilisation and Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

*

(1)  Council Decision (EU) 2016/342 of 12 February 2016 on the conclusion, on behalf of the Union, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo *, of the other part (OJ L 71, 16.3.2016, p. 1).

1

*

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

*

(3)  See document ST 11096/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/41 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/41

---

COUNCIL DECISION (EU) 2020/2069

of 7 December 2020

on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2006/356/EC (1) and entered into force on 1 April 2006. |
| --- | --- |

(1)

The Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2006/356/EC (1) and entered into force on 1 April 2006.

| (2) | The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 38 of Protocol 4, the Association Council established by Article 74(1) of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4. |
| --- | --- |

(2)

The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 38 of Protocol 4, the Association Council established by Article 74(1) of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4.

| (3) | The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Lebanon have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Lebanon have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | The position of the Union within the Association Council should therefore be based on the draft decision, |
| --- | --- |

(8)

The position of the Union within the Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto, shall be based on the draft decision of the Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council Decision 2006/356/EC of 14 February 2006 concerning the conclusion of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (OJ L 143, 30.5.2006, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11104/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/43 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/43

---

COUNCIL DECISION (EU) 2020/2070

of 7 December 2020

on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2004/239/EC, Euratom (1) and entered into force on 1 April 2004. |
| --- | --- |

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2004/239/EC, Euratom (1) and entered into force on 1 April 2004.

| (2) | The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Stabilisation and Association Council established by Article 108 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 4. |
| --- | --- |

(2)

The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 3 of Protocol 4, the Stabilisation and Association Council established by Article 108 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 4.

| (3) | The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of North Macedonia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of North Macedonia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto, shall be based on the draft decision of the Stabilisation and Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council and Commission Decision 2004/239/EC, Euratom of 23 February 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (OJ L 84, 20.3.2004, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11113/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/45 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/45

---

COUNCIL DECISION (EU) 2020/2071

of 7 December 2020

on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the amendment of that Agreement by replacing Protocol II thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/493/Euratom (1) and entered into force on 1 July 2016. |
| --- | --- |

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/493/Euratom (1) and entered into force on 1 July 2016.

| (2) | The Agreement includes Protocol II concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol II’). Pursuant to Article 3 of Protocol II, the Customs Sub-Committee established by Article 200 of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol II. |
| --- | --- |

(2)

The Agreement includes Protocol II concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol II’). Pursuant to Article 3 of Protocol II, the Customs Sub-Committee established by Article 200 of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol II.

| (3) | The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol II (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol II (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol II, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol II, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Moldova have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Moldova have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the amendment of that Agreement by replacing Protocol II thereto, shall be based on the draft decision of the Customs Sub-Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council Decision 2014/493/Euratom of 16 June 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 739).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11115/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/47 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/47

---

COUNCIL DECISION (EU) 2020/2072

of 7 December 2020

on the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2013/490/EU, Euratom (1) and entered into force on 1 September 2013. |
| --- | --- |

(1)

The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (‘the Agreement’), was concluded by the Union by Council and Commission Decision 2013/490/EU, Euratom (1) and entered into force on 1 September 2013.

| (2) | The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Stabilisation and Association Council established by Article 119 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

The Agreement includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Pursuant to Article 3 of Protocol 3, the Stabilisation and Association Council established by Article 119 of the Agreement (‘the Stabilisation and Association Council’) may decide to amend the provisions of Protocol 3.

| (3) | The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Stabilisation and Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Stabilisation and Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Serbia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Serbia have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Stabilisation and Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, as regards the amendment of that Agreement by replacing Protocol 3 thereto, shall be based on the draft decision of the Stabilisation and Association Council (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Council and Commission Decision 2013/490/EU, Euratom of 22 July 2013 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (OJ L 278, 18.10.2013, p. 14).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11126/20 on http://register.consilium.europa.eu

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/49 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/49

---

COUNCIL DECISION (EU) 2020/2073

of 7 December 2020

on the position to be taken on behalf of the European Union within the EU-Turkey Association Council as regards the amendment of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products by replacing Protocol 3 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products (1) (‘the Decision’) was concluded by the Union by Council Decision 98/223/EC and entered into force on 1 January 1998. |
| --- | --- |

(1)

Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products (1) (‘the Decision’) was concluded by the Union by Council Decision 98/223/EC and entered into force on 1 January 1998.

| (2) | The Decision includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Protocol 3 was replaced by a new protocol by Decision No 3/2006 of the EC-Turkey Association Council (2). Pursuant to Article 39 of Protocol 3, the Association Council may decide to amend the provisions of Protocol 3. |
| --- | --- |

(2)

The Decision includes Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 3’). Protocol 3 was replaced by a new protocol by Decision No 3/2006 of the EC-Turkey Association Council (2). Pursuant to Article 39 of Protocol 3, the Association Council may decide to amend the provisions of Protocol 3.

| (3) | The Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Association Council will adopt a decision amending the Agreement by replacing Protocol 3 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (3) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (3) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 3, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Turkey have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Turkey have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Association Council should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Association Council should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Association Council as regards the amendment of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products by replacing Protocol 3 thereto, shall be based on the draft decision of the Association Council (4).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  OJ L 86, 20.3.1998, p. 1.

1

(2)  Decision No 3/2006 of the EC-Turkey Association Council of 19 December 2006 amending Protocol 3 to Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on trade regime for agricultural products (see document CE-TR 110/06 on http://register.consilium.europa.eu).

2

(3)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

3

(4)  See document ST 11128/20 on http://register.consilium.europa.eu

4

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/51 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/51

---

COUNCIL DECISION (EU) 2020/2074

of 7 December 2020

on the position to be taken on behalf of the European Union within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community as regards the amendment of that Agreement by replacing Protocol 1 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community (‘the Agreement’) was concluded by the Union by Commission Decision 96/528/ECSC (1) and entered into force on 1 August 1996. |
| --- | --- |

(1)

The Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community (‘the Agreement’) was concluded by the Union by Commission Decision 96/528/ECSC (1) and entered into force on 1 August 1996.

| (2) | The Agreement includes Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 1’). Pursuant to Article 39 of Protocol 1, the Joint Committee established by Article 14(1) of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 1. |
| --- | --- |

(2)

The Agreement includes Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 1’). Pursuant to Article 39 of Protocol 1, the Joint Committee established by Article 14(1) of the Agreement (‘the Joint Committee’) may decide to amend the provisions of Protocol 1.

| (3) | The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 1 (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Joint Committee will adopt a decision amending the Agreement by replacing Protocol 1 (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 1, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 1, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Turkey have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Turkey have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Joint Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Joint Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community as regards the amendment of that Agreement by replacing Protocol 1 thereto, shall be based on the draft decision of the Joint Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

---

(1)  Commission Decision 96/528/ECSC of 29 February 1996 on the conclusion of an Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community (OJ L 227, 7.9.1996, p. 1).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11130/20 on http://register.consilium.europa.eu.

3

---

| 15.12.2020 | EN | Official Journal of the European Union | L 424/53 |
| --- | --- | --- | --- |

15.12.2020

EN

Official Journal of the European Union

L 424/53

---

COUNCIL DECISION (EU) 2020/2075

of 7 December 2020

on the position to be taken on behalf of the European Union within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/670/Euratom (1) and entered into force on 1 September 2017. |
| --- | --- |

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), was concluded by the Union by Council Decision 2014/670/Euratom (1) and entered into force on 1 September 2017.

| (2) | The Agreement includes Protocol I concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol I’). Pursuant to Article 3 of Protocol I, the Customs Sub-Committee established by Article 83 of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol I. |
| --- | --- |

(2)

The Agreement includes Protocol I concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol I’). Pursuant to Article 3 of Protocol I, the Customs Sub-Committee established by Article 83 of the Agreement (‘the Customs Sub-Committee’) may decide to amend the provisions of Protocol I.

| (3) | The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol I (‘decision’) during its next meeting, before the end of 2023. |
| --- | --- |

(3)

The Customs Sub-Committee will adopt a decision amending the Agreement by replacing Protocol I (‘decision’) during its next meeting, before the end of 2023.

| (4) | It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union. |
| --- | --- |

(4)

It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Sub-Committee, as the decision will have binding legal effects in the Union.

| (5) | The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements. |
| --- | --- |

(5)

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention, which apply without prejudice to the principles laid down in those bilateral agreements.

| (6) | Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol I, so as to refer always to the latest version of the Convention in force. |
| --- | --- |

(6)

Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol I, so as to refer always to the latest version of the Convention in force.

| (7) | Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Ukraine have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules. |
| --- | --- |

(7)

Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and Ukraine have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.

| (8) | In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained. |
| --- | --- |

(8)

In the cumulation zone constituted by the EFTA States, the Faroe Islands, the Union, the Republic of Turkey, the participants in the Stabilisation and Association Process, the Republic of Moldova, Georgia and Ukraine, the possibility of using movement certificates EUR.1 or origin declarations instead of movement certificates EUR-MED or origin declarations EUR-MED, as a derogation from the provisions of the Convention applicable to diagonal cumulation among those participants, should be maintained.

| (9) | The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision, |
| --- | --- |

(9)

The position of the Union within the Customs Sub-Committee should therefore be based on the draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the amendment of that Agreement by replacing Protocol I thereto, shall be based on the draft decision of the Customs Sub-Committee (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2023.

Done at Brussels, 7 December 2020.

For the Council

The President

M. ROTH

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(1)  Council Decision 2014/670/Euratom of 23 June 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 278, 20.9.2014, p. 8).

1

(2)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

2

(3)  See document ST 11131/20 on http://register.consilium.europa.eu

3

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| 15.12.2020 | EN | Official Journal of the European Union | L 424/55 |
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15.12.2020

EN

Official Journal of the European Union

L 424/55

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COUNCIL DECISION (EU) 2020/2076

of 7 December 2020

appointing two alternate members, proposed by the Italian Republic, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Italian Government,

Whereas:

| (1) | On 10 December 2019, 20 January 2020, 3 February 2020 and 26 March 2020 the Council adopted Decisions (EU) 2019/2157 (1), (EU) 2020/102 (2), (EU) 2020/144 (3) and (EU) 2020/511 (4) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. On 8 June 2020, the Council adopted Decision (EU) 2020/766 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (5). On 30 July 2020, the Council adopted a further Decision (EU) 2020/1153 appointing members and alternate members of the Committee of the Regions (6). |
| --- | --- |

(1)

On 10 December 2019, 20 January 2020, 3 February 2020 and 26 March 2020 the Council adopted Decisions (EU) 2019/2157 (1), (EU) 2020/102 (2), (EU) 2020/144 (3) and (EU) 2020/511 (4) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. On 8 June 2020, the Council adopted Decision (EU) 2020/766 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (5). On 30 July 2020, the Council adopted a further Decision (EU) 2020/1153 appointing members and alternate members of the Committee of the Regions (6).

| (2) | An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Monica MARINI. |
| --- | --- |

(2)

An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Monica MARINI.

| (3) | An alternate member’s seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Nicola MARINI (Sindaco del Comune di Albano Laziale (RM)) was proposed, |
| --- | --- |

(3)

An alternate member’s seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Nicola MARINI (Sindaco del Comune di Albano Laziale (RM)) was proposed,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025:

| — | Mr Nicola MARINI, Consigliere comunale di Albano Laziale (RM) (change of mandate), |
| --- | --- |

—

Mr Nicola MARINI, Consigliere comunale di Albano Laziale (RM) (change of mandate),

| — | Mr Enrico ROSSI, Assessore del Comune di Signa (FI). |
| --- | --- |

—

Mr Enrico ROSSI, Assessore del Comune di Signa (FI).

Article 2

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

Done at Brussels, 7 December 2020.

For the Council

The President

J. BORRELL FONTELLES

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(1)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).

1

(2)  Council Decision (EU) 2020/102 of 20 January 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 20, 24.1.2020, p. 2).

2

(3)  Council Decision (EU) 2020/144 of 3 February 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 32, 4.2.2020, p. 16).

3

(4)  Council Decision (EU) 2020/511 of 26 March 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 113, 8.4.2020, p. 18).

4

(5)  Council Decision (EU) 2020/766 of 8 June 2020 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 (OJ L 187, 12.6.2020, p. 3).

5

(6)  Council Decision (EU) 2020/1153 of 30 July 2020 appointing members and alternate members of the Committee of the Regions (OJ L 256, 5.8.2020, p. 12).

6

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| 15.12.2020 | EN | Official Journal of the European Union | L 424/57 |
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15.12.2020

EN

Official Journal of the European Union

L 424/57

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COUNCIL DECISION (EU) 2020/2077

of 8 December 2020

adopting the Council’s position on draft amending budget No 10 of the European Union for the financial year 2020

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,

Whereas:

| — | the Union’s budget for the financial year 2020 was definitively adopted on 27 November 2019 (2), |
| --- | --- |

—

the Union’s budget for the financial year 2020 was definitively adopted on 27 November 2019 (2),

| — | on 9 October 2020, the Commission submitted a proposal containing draft amending budget No 10 to the general budget for the financial year 2020, |
| --- | --- |

—

on 9 October 2020, the Commission submitted a proposal containing draft amending budget No 10 to the general budget for the financial year 2020,

| — | in view of a timely adoption by the European Parliament of this draft amending budget before the end of the financial year 2020, the Council needs to proceed without delay to the adoption of its position on draft amending budget No 10 to the general budget for 2020. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the eight-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1, |
| --- | --- |

—

in view of a timely adoption by the European Parliament of this draft amending budget before the end of the financial year 2020, the Council needs to proceed without delay to the adoption of its position on draft amending budget No 10 to the general budget for 2020. Therefore, it is justified to shorten, in accordance with Article 3(3) of the Council’s Rules of Procedure, the eight-week period for the information of national Parliaments laid down in Article 4 of Protocol No 1,

HAS DECIDED AS FOLLOWS:

Sole Article

The Council’s position on draft amending budget No 10 of the European Union for the financial year 2020 was adopted on 8 December 2020.

The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

Done at Brussels, on 8 December 2020.

For the Council

The President

M. ROTH

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(1)  OJ L 193, 30.7.2018, p. 1.

1

(2)  OJ L 57, 27.2.2020, p. 1.

2

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| 15.12.2020 | EN | Official Journal of the European Union | L 424/58 |
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15.12.2020

EN

Official Journal of the European Union

L 424/58

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COUNCIL DECISION (EU) 2020/2078

of 10 December 2020

on the position to be taken on behalf of the European Union within the EU-Canada Joint Customs Cooperation Committee as regards the adoption of the decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (‘CMAA’) was concluded by the Union by Council Decision 98/18/EC (1) and entered into force on 1 January 1998. |
| --- | --- |

(1)

The Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (‘CMAA’) was concluded by the Union by Council Decision 98/18/EC (1) and entered into force on 1 January 1998.

| (2) | Article 2 of the CMAA calls on customs authorities to develop customs cooperation of the widest possible scope. |
| --- | --- |

(2)

Article 2 of the CMAA calls on customs authorities to develop customs cooperation of the widest possible scope.

| (3) | Pursuant to Article 20 of the CMAA, the Joint Customs Cooperation Committee (‘JCCC’) is to take the measures necessary for customs cooperation. |
| --- | --- |

(3)

Pursuant to Article 20 of the CMAA, the Joint Customs Cooperation Committee (‘JCCC’) is to take the measures necessary for customs cooperation.

| (4) | The Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security (‘SCSA’) was concluded by the Union by Council Decision 2014/941/EU (2) and entered into force on 1 November 2013. |
| --- | --- |

(4)

The Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security (‘SCSA’) was concluded by the Union by Council Decision 2014/941/EU (2) and entered into force on 1 November 2013.

| (5) | Pursuant to Article 5 of the SCSA, the JCCC is empowered to adopt decisions on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes. |
| --- | --- |

(5)

Pursuant to Article 5 of the SCSA, the JCCC is empowered to adopt decisions on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

| (6) | The JCCC intends to adopt a decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union at its fifth meeting and in any event before the end of 2022. |
| --- | --- |

(6)

The JCCC intends to adopt a decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union at its fifth meeting and in any event before the end of 2022.

| (7) | It is appropriate to establish the position to be taken on the Union’s behalf within the JCCC, as the decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union will have legal effects in the Union. |
| --- | --- |

(7)

It is appropriate to establish the position to be taken on the Union’s behalf within the JCCC, as the decision concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union will have legal effects in the Union.

| (8) | The position of the Union within the JCCC concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union should be based on the draft decision of the JCCC, |
| --- | --- |

(8)

The position of the Union within the JCCC concerning the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union should be based on the draft decision of the JCCC,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Joint Customs Cooperation Committee (‘JCCC’) established by the Agreement between the European Community and Canada on Customs Cooperation and Mutual Assistance in Customs Matters, at the fifth meeting of the JCCC, as regards the mutual recognition of the Partners in Protection Programme of Canada and the Authorised Economic Operators Programme of the European Union, shall be based on the draft decision of the JCCC (3).

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2022.

Done at Brussels, 10 December 2020.

For the Council

The President

M. ROTH

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(1)  Council Decision 98/18/EC of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (OJ L 7, 13.1.1998, p. 37).

1

(2)  Council Decision 2014/941/EU of 27 June 2013 on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security (OJ L 367, 23.12.2014, p. 8).

2

(3)  See document ST13014/20 at http://register.consilium.europa.eu

3

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