EN Official Journal of the European Union C 62/20

Notice concerning preferential agreements providing for diagonal cumulation of origin between the Community, Western Balkan countries and Turkey

(2009/C 62/07)

In the framework of the Stabilization and Association Process (SAP), the European Community negotiated Stabilization and Association Agreements (SAA) with Western Balkan countries (Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia). The SAAs with Croatia and the former Yugoslav Republic of Macedonia have entered into force. Pending the entry into force of SAAs, Interim Agreements on trade and trade-related matters with Albania, Bosnia and Herzegovina and Montenegro are applicable.

Articles 3 and 4 of the Protocols concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation to the SAA or Interim Agreement concluded between the European Community and respectively Albania (1), Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia (2) and Montenegro provide for diagonal cumulation of origin between the parties concerned (3) and, for the products covered by Decision No 1/95 of the EC-Turkey Joint Committee, Turkey (4).

Under paragraph 4 of the above-mentioned articles, the Community and the countries concerned notify each other, through the European Commission, of agreements and associated origin rules in force with the other countries. The European Commission then publishes in the ‘C’ series of the Official Journal of the European Union the date on which the diagonal cumulation provided for in these Articles applies for products meeting the required conditions. Such is the purpose of the present notice.

It is recalled that cumulation can only be applied if the countries of final manufacture and of final destination have concluded free trade agreements, containing identical rules of origin, with all the countries participating in the acquisition of originating status, i.e. with all the countries in which all the materials used originate. Materials originating in a country which has not concluded an agreement with the countries of final manufacture and of final destination must be treated as non-originating.

The table below shows the situation between the countries involved in such cumulation, specifying the dates of entry into force of the associated origin protocols and amendments thereto. Diagonal cumulation may apply where the country of final destination is a Member State of the European Community or, for the products included in Decision No 1/95 of the EC-Turkey Joint Committee, Turkey.

The ISO-Alpha-2 codes for countries listed in the table are given here below:

— Albania AL — Bosnia and Herzegovina BA — The former Yugoslav Republic of Macedonia MK (5) — Montenegro ME — Serbia RS — Turkey TR

This notice will be updated when needed.

Date of application of the protocols on rules of origin providing for diagonal cumulation between the Community, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Turkey

EU TR (6) AL 1.1.2007 BA 1.7.2008 MK 1.1.2007 ME 1.1.2008 RS — Legend: — Interim agreement not yet entered into force.

(1) Protocol as replaced by Annex VII to the Protocol to the Interim Agreement to take account of the accession of Bulgaria and Romania to the European Union.

(2) Protocol as replaced by Annex IX to the Protocol to the SAA to take account of the accession of Bulgaria and Romania to the European Union.

(3) The Protocol to the SAA with Croatia concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (as replaced by Annex X to the Protocol to take account of the accession of Bulgaria and Romania) does not provide for diagonal cumulation. The Interim Agreement with Serbia is not yet implemented. Trade with the customs territory of Kosovo is not covered by any SAA or Interim Agreement.

(4) Turkey may potentially participate to a diagonal cumulation system of origin including the European Community and the Western Balkan countries under the condition that its own agreements with the Western Balkan countries provide for diagonal cumulation of origin.

(5) ISO code 3166. Provisional code which does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place under the auspices of the United Nations.

(6) The current agreements between Turkey and some Western Balkan countries (AL, BA, MK) only provide for bilateral cumulation. The amendment process of the origin protocols according to SAP+ cumulation are currently in discussion among these countries.

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