Decision of the EEA Joint Committee No 45/1999 of 26 March 1999 amending Protocol 4 to the EEA Agreement on rules of origin
Date: 1999-03-26
Institutions: EEA Joint Committee
Subjects: European Economic Area, agro-industry, certificate of origin, customs regulations, customs valuation, originating product

19.10.2000

EN

Official Journal of the European Communities

L 266/53

DECISION OF THE EEA JOINT COMMITTEE

No 45/1999

of 26 March 1999

amending Protocol 4 to the EEA Agreement on rules of origin

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting
the Agreement on the European Economic Area, hereinafter referred to as (cid:145)the Agreement(cid:146), and in
particular Article 98 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Protocol 4 to the Agreement was amended by Decision No 114/98 of the EEA Joint Committee of
27 November 1998 (1).

The definition of the term (cid:145)originating products(cid:146) needs to be amended to ensure the proper
operation of the extended system of cumulation which permits the use of materials originating in
the European Community, Poland, Hungary, the Czech Republic, the Slovak Republic, Bulgaria,
Romania, Latvia, Lithuania, Estonia, Slovenia, the European Economic Area (hereinafter referred to
as (cid:145)the EEA(cid:146)), Iceland, Norway and Switzerland.

In view of the particular arrangement on industrial products obtaining between the Community
and Turkey,
it would also be appropriate to extend the cumulation system to such products
originating in Turkey.

To facilitate trade and simplify administrative tasks it would be desirable to amend the wording of
Article 3.

To take account of changes in processing techniques and shortages of certain raw materials, some
corrections
should be made to the list of working and processing requirements which
non-originating materials have to fulfil to qualify for originating status,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 4 is hereby amended as follows:

1. Article 1(i) shall be replaced by:

(cid:145)(i) (cid:147)added value(cid:148) shall be taken to be the ex-works price minus the customs value of each of the
materials incorporated which originate in the other countries referred to in Article 3 or, where the
customs value is not known or cannot be ascertained, the first price verifiably paid for the
products in the EEA.(cid:146)

2. Article 3 shall be replaced by:

(cid:145)Article 3

Cumulation with originating materials

1. Without prejudice to the provisions of Article 2(1), products shall be considered as originating
in the EEA if such products are obtained there, incorporating materials originating in the Community,

(1) OJ L 277, 28.10.1999, p. 51.

L 266/54

EN

Official Journal of the European Communities

19.10.2000

Iceland, Norway, Switzerland (including Liechtenstein) (*) or Turkey (**)

Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia,
in
Estonia, Slovenia,
accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between
the Contracting Parties and these countries, provided that the working or processing carried out in the
EEA goes beyond that referred to in Article 6 of this Protocol. It shall not be necessary that such
materials have undergone sufficient working or processing.

2. Where the working or processing carried out in the EEA does not go beyond the operations
referred to in Article 6, the product obtained shall be considered as originating in the EEA only where
the value added there is greater than the value of the materials used originating in any one of the
other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered
as originating in the country which accounts for the highest value of originating materials used in the
manufacture in the EEA.

Products originating in one of the countries referred to in paragraph 1, which do not undergo

3.
any working or processing in the EEA, retain their origin if exported into one of these countries.

4.
The cumulation provided for in this Article may only be applied to materials and products
which have acquired originating status by an application of rules of origin identical to those given in
this Protocol.

shall provide each other,

The Contracting Parties
the European
Communities, with details of the Agreements and their corresponding rules of origin, which are
applied with the other countries referred to in paragraph 1. The Commission of the European
Communities shall publish in the Official Journal of the European Communities (C series) the date on
which the cumulation, provided for in this Article may be applied by those countries listed in
paragraph 1 which have fulfilled the necessary requirements.

through the Commission of

(*) The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting

Party to the Agreement on the European Economic Area.

(**) Cumulation as provided for in this Article does not apply to materials originating in Turkey

which are mentioned in the list at Annex VII to this Protocol.(cid:146)

3.

In Article 25 the reference (cid:145)C2/CP3(cid:146) shall be replaced by (cid:145)CN22/CN23(cid:146).

4.

In Annex I, note 5.2,
filaments(cid:146) and (cid:145)synthetic man-made staple fibres of polypropylene(cid:146).

(cid:145)current conducting filaments(cid:146) shall be added between (cid:145)artificial man-made

5.

In Annex I, note 5.2, the fifth example ((cid:145)A carpet with tufts (cid:133) are met.(cid:146)) shall be deleted.

6.

In Annex II, between the rules for HS headings 2202 and 2208, the following rule shall be inserted:

(cid:145)HS Heading No

Description of product

Working or processing carried out on non-originating materials that
confers originating status

(1)

2207

(2)

(3)

or

(4)

alcoholic

Undenatured ethyl alcohol of
an
by
volume of 80 % or higher;
ethyl alcohol and other spirits,
denatured, of any strength

strength

Manufacture:

(cid:151) using

not
materials
classified in heading No
2207 or 2208(cid:146)

19.10.2000

EN

Official Journal of the European Communities

L 266/55

7.

In Annex II, the rule for Chapter 57 shall be replaced by:

(cid:145)Chapter 57

Carpets and other textile floor
coverings:

(cid:151) Of needleloom felt

Manufacture from (*):

(cid:151) natural fibres, or

(cid:151) chemical materials

or

textile pulp

However:

(cid:151) polypropylene filament of

heading No 5402,

(cid:151) polypropylene
heading No
5506, or

fibres of
or
5503

(cid:151) 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
the
ex-works price of
product

Jute fabric may be used as
backing

(cid:151) Of other felt

Manufacture from (*):

(cid:151) natural

fibres not carded
or combed or otherwise
processed for spinning, or

(cid:151) chemical materials

or

textile pulp

(cid:151) Other

Manufacture from (*):

(cid:151) coir or jute yarn (**),

(cid:151) synthetic

or
filament yarn,

artificial

(cid:151) natural fibres, or

(cid:151) man-made

staple

fibres
not carded or combed or
otherwise processed for
spinning

Jute fabric may be used as
backing

For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

(*)
(**) The use of jute yarn is authorised from 1 July 2000.(cid:146)

L 266/56

EN

Official Journal of the European Communities

19.10.2000

8.

In Annex II, the rule for HS heading 7006 shall be replaced by:

(cid:145)7006

or

7005,

Glass of heading No 7003,
7004
bent,
edgeworked, engraved, drilled,
otherwise
or
enamelled
worked, but not
framed or
fitted with other materials:

(cid:151) Glass plate substrate coated
with dielectric thin film,
in
semiconductor
accordance with
SEMII
standards (*)

grade,

(cid:151) Other

Manufacture from non-coated
glass
of
heading No 7006

substrate

plate

Manufacture from materials of
heading No 7001

(*)

SEMII (cid:151) Semiconductor Equipment and Materials Institute Incorporated.(cid:146)

9.

In Annex II, the rule for HS heading 7601 shall be replaced by:

(cid:145)7601

Unwrought aluminium

Manufacture in which:

(cid:151) all

the materials used
are classified within a
other
heading
than
the product;
that of
and

(cid:151) the value of all

the
materials used does not
the
exceed 50 % of
ex-works price of
the
product

or

Manufacture by thermal or
electrolytic treatment from
aluminium or
unalloyed
waste
of
scrap
aluminium(cid:146)

and

19.10.2000

EN

Official Journal of the European Communities

L 266/57

10. The following shall be added after Annex VI:

(cid:145)Annex VII

List of products originating in Turkey to which the provisions of Article 3 do not apply, listed in the
order of HS chapters and headings

Chapter 1
Chapter 2
Chapter 3
0401 to 0402
ex 0403

0404 to 0410
0504
0511
Chapter 6
0701 to 0709
ex 0710

ex 0711

0712 to 0714
Chapter 8
ex Chapter 9

Chapter 10
Chapter 11
Chapter 12
ex 1302

1501 to 1514
ex 1515

ex 1516

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or
acidified milk and cream, whether or not concentrated or containing added sugar or
other sweetening matter

Vegetables except sweetcorn of heading 0710 40 00 (uncooked or cooked by
steaming or boiling in water), frozen

Vegetables, except sweetcorn of heading 0711 90 30, provisionally preserved (for
example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative
solutions), but unsuitable in that state for immediate consumption

Coffee, tea, and spices, excluding matØ of heading 0903

Pectic substances, pectinates and pectates

Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their
fractions, whether or not refined, but not chemically modified

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated,
inter-esterified, re-esterified or elaidinised, whether or not refined, but not further
prepared, excluding hydrogenated castor oil known as (cid:147)opal-wax(cid:148)

ex 1517 and ex 1518

Margarines, imitation lard and other prepared edible fats

ex 1522

Chapter 16
1701
ex 1702

1703
1801 and 1802
ex 1902

Residues resulting from the treatment of fatty substances or animal or vegetable
waxes, excluding degras

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in
solid form; sugar syrups not containing added flavouring or colouring matter;
artificial honey, whether or not mixed with natural honey; caramel excluding that
of headings 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10

Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs
or other aquatic invertebrates, sausages and the like or meat and meat offal of any
kind, including fats of all kinds

L 266/58

EN

Official Journal of the European Communities

19.10.2000

Cucumbers and gherkins, onions, mango chutney, fruit of the genus capsicum other
than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by
vinegar or acetic acid

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
frozen, other than products of heading 2006, excluding potatoes in the form of
flour or meal and flakes and sweetcorn

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
not frozen, other than products of heading 2006, excluding potato in the form of
flour or meal and flakes and sweetcorn

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved,
whether or not containing added sugar or other sweetening matter or spirit, not
elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams,
sweet potatoes and similar edible parts of plants containing 5 % or more by weight
of starch, vine leaves, hop shoots and other similar edible parts of plants

Flavoured and coloured sugars, syrups and molasses

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher
obtained from agricultural produce listed here

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol
obtained from agricultural produce listed here(cid:146)

ex 2001

2002 and 2003
ex 2004

ex 2005

2006 and 2007
ex 2008

2009
ex 2106

2204
2206
ex 2207

ex 2208

2209
Chapter 23
2401
4501
5301 and 5302

This Decision shall enter into force on 1 January 1999, provided that all the notifications under Article
103(1) of the Agreement have been made to the EEA Joint Committee.

Article 2

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

Article 3

Done at Brussels, 26 March 1999.

For the EEA Joint Committee

The President

F. BARBASO