Decision No 1/2002 of the EC-Former Yugoslav Republic of Macedonia Cooperation Council

of 30 January 2002

on the introduction of two Joint Declarations concerning the Principality of Andorra and the Republic of San Marino and on amendments to Protocol 4 on the definition of the concept of originating products and methods of administrative cooperation

(2002/170/EC)

THE COOPERATION COUNCIL,

Having regard to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part(1), hereinafter referred to as "the Interim Agreement",

Having regard in particular to Article 38 of Protocol 4 concerning the definition of the concept of originating products and methods of administrative cooperation to the Interim Agreement,

Whereas:

(1) Pending the entry into force 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, signed in Luxembourg on 9 April 2001, Council Decision 2001/330/EC(2) has concluded the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part.

(2) In accordance with Article 50 of the Interim Agreement and following notification on 27 April 2001 by both sides regarding the completion of their respective internal procedures, the Interim Agreement together with its Annexes and Protocols, including Protocol 4 concerning the definition of the concept of originating products and methods of administrative cooperation, entered into force on 1 June 2001(3).

(3) It is desirable to insert a joint declaration after Protocol 4, concerning the recognition and acceptance by the Former Yugoslav Republic of Macedonia of products originating in the Republic of San Marino as originating in the Community. The inclusion of such a joint declaration is standard practice within the context of preferential agreements negotiated by the Community with third countries and the existence of a customs union between the Community and the Republic of San Marino justifies the inclusion of such a joint declaration.

(4) It is desirable to insert a joint declaration after Protocol 4 concerning the recognition and acceptance by the Former Yugoslav Republic of Macedonia of products falling within Chapters 25 to 97 originating in the Principality of Andorra as originating in the Community. The inclusion of such a joint declaration is standard practice within the context of preferential agreements negotiated by the Community with third countries and the existence of a customs union between the Community and Andorra for those products justifies the inclusion of such a joint declaration.

(5) In the interests of clarity, it is desirable to correct certain errors in Protocol 4 related to mistaken references in individual Articles to other Articles, as well as a number of material errors,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 4 concerning the definition of the concept of originating products and methods of administrative cooperation to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, applicable since 1 June 2001 following the notification on 27 April 2001 by both sides of the completion of their respective internal procedures, is amended as follows:

1. in the "Table of contents", in Title II, the second indent shall be replaced by the following: ">TABLE>";

2. in the "Table of contents", in Title II, the third indent shall be replaced by the following: ">TABLE>";

3. in Article 3, the title shall be replaced by the following: "Bilateral cumulation in the Community";

4. the last sentence in Article 3 shall be replaced by the following: "It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond the operations referred to in Article 7.";

5. the last sentence in Article 4 shall be replaced by the following: "It shall not be necessary that such materials have undergone sufficient working or processing, provided they have undergone working or processing going beyond the operations referred to in Article 7.";

6. in Article 5, paragraph 2(a)(b)(c)(d)(e), Article 17(4) and Article 31(1), the terms "EC Member State" and "EC Member States" shall be replaced respectively by the following:

"Member State of the Community" and "Member States of the Community";

7. Article 15(1) shall be replaced by the following: "1. Non-originating materials used in the manufacture of products originating in the Community or in the Former Yugoslav Republic of Macedonia, for which a proof of origin is issued or made out in accordance with the provisions of Title V shall not be subject in the Community or the Former Yugoslav Republic of Macedonia to drawback of, or exemption from, customs duties of whatever kind.";

8. Article 15(2) shall be replaced by the following: "2. The prohibition in paragraph 1 shall apply to any arrangement for refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect, applicable in the Community or in the Former Yugoslav Republic of Macedonia to materials used in the manufacture, where such refund, remission or non-payment applies, expressly or in effect, when products obtained from the said materials are exported and not when they are retained for home use there.";

9. the last subparagraph in Article 15 shall be replaced by the following: "7. The provisions of this Article shall apply from 1 January 2003. The provisions of paragraph 6 shall apply until 31 December 2005 and may be reviewed by common accord.";

10. Article 30(1) shall be replaced by the following: "1. For the application of the provisions of Article 21(1)(b) and Article 26(3) in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States or of the Former Yugoslav Republic of Macedonia equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned.";

11. in Article 30(3) and Article 31(1) the terms "European Commission" shall be replaced by the following: "Commission of the European Communities";

12. in Annex II, the last indent in column (3) of Heading 1901 shall be replaced by the following: "- the value of the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product";

13. in Annex II, the last indent in column (3) of Heading 2106 shall be replaced by the following: "- the value of the materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product";

14. in Annex II, the last three indents in column (3) applicable to the first indent in column (2) in Heading 5602, shall be replaced by the following: "- polypropylene filament of heading No 5402,

- polypropylene fibres of heading No 5503 or 5506

or

- polypropylene filament tow of heading No 5501,

of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the ex-works price of the product";

15. in Annex II, the last three indents in column (3) applicable to the first indent in column (2) in Chapter 57, shall be replaced by the following: "- polypropylene filament of heading No 5402,

- polypropylene fibres of heading No 5503 or 5506

or

- polypropylene filament tow of heading No 5501,

of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the ex-works price of the product

Jute fabric may be used as a backing".

Article 2

After Protocol 4 the following Joint Declarations shall be added:

"JOINT DECLARATION

concerning the Principality of Andorra

1. Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by the Former Yugoslav Republic of Macedonia as originating in the Community within the meaning of this Agreement.

2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products.

JOINT DECLARATION

concerning the Republic of San Marino

1. Products originating in the Republic of San Marino shall be accepted by the Former Yugoslav Republic of Macedonia as originating in the Community within the meaning of this Agreement.

2. Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the abovementioned products."

Article 3

This Decision shall enter into force on the day of its adoption and shall apply from the first day of the month following its adoption.

Done at Brussels, 30 January 2002.

For the Cooperation Council

The President

(1) OJ L 124, 4.5.2001, p. 2.

(2) OJ L 124, 4.5.2001, p. 1.

(3) OJ C 149, 19.5.2001, p. 1.