Decision No 1/1999 of the EC-Switzerland Joint Committee of 24 June 1999 amending Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of 'originating products' and methods of administrative cooperation
Date: 1999-06-24
Institutions: EC–Switzerland Joint Committee
Subjects: Switzerland, administrative cooperation, agreement (EU), originating product

22. 9. 1999

EN

Official Journal of the European Communities

L 249/25

COMMISSION

DECISION No 1/1999 OF THE EC-SWITZERLAND JOINT COMMITTEE

of 24 June 1999

amending Protocol 3 to the Agreement between the European Economic Community and the
Swiss Confederation concerning the definition of the concept of ‘originating products’ and
methods of administrative cooperation

(1999/633/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confedera-
tion (1), hereinafter referred to as ‘the Agreement’, signed in Brussels on 22 July 1972,

Having regard to Protocol 3 concerning the definition of the concept of originating products and methods
of administrative cooperation, hereinafter referred to as Protocol 3, and in particular Article 38 thereof,

Whereas the definition of the term ‘originating products’ 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 the EEA),
Iceland, Norway and Switzerland;

Whereas, 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;

Whereas to facilitate trade and simplify administrative tasks it would be desirable to amend the wording of
Articles 3 and 4;

Whereas, 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:

Protocol 3 is hereby amended as follows:

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

Article 1

‘(i) “added Value” 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 Articles 3 and 4 or,
where the customs value is not known or cannot be ascertained, the first price verifiably paid for
the products in the Community or Switzerland.’

2. Articles 3 and 4 shall be replaced by the following:

‘Article 3

Cumulation in the European Community

1. Without prejudice to Article 2(1), products shall be considered as originating in the Community
if such products are obtained there, incorporating materials originating in the Community, Bulgaria,
Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia,
Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) (1) or Turkey (2) in accordance with the
provisions of the Protocol on rules of origin annexed to the Agreements between the Community and

(1) OJ L 300, 31.12.1972, p. 189.

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22. 9. 1999

each of these countries, provided that the working or processing carried out in the Community goes
beyond that referred to in Article 7 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 Community does not go beyond the
operations referred to in Article 7, the product obtained shall be considered as originating in the
Community 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 Community.

3.
Products originating in one of the countries referred to in paragraph 1, which do not undergo
any working or processing in the Community, 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.

The Community shall provide Switzerland, through the Commission of 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.

Article 4

Cumulation in Switzerland

1. Without prejudice to Article 2(2), products shall be considered as originating in Switzerland if
such products are obtained there, incorporating materials originating in the Community, Bulgaria,
Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia,
Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) (1) or Turkey (2) in accordance with the
provisions of the Protocol on rules of origin annexed to the Agreements between Switzerland and each
of these countries, provided that the working or processing carried out in Switzerland goes beyond that
referred to in Article 7 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 Switzerland does not go beyond the operations
referred to in Article 7, the product obtained shall be considered as originating in Switzerland 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 Switzerland.

Products originating in one of the countries referred to in paragraph 1, which do not undergo
3.
any working or processing in Switzerland, 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.

Switzerland shall provide the Community, through the Commission of 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.

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

Party to the Agreement on the European Economic Area.

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

which are mentioned in the list at Annex V to this Protocol.’

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3. In Articles 13, 14, 15, 17, 21, 27, 30 and 32 the phrase ‘referred to in Article 4’ shall be

replaced by ‘referred to in Articles 3 and 4’;

4. In Article 26 the reference ‘C2/CP3’ shall be replaced by ‘CN22/CN23’;

5. In Annex I, Note 5.2,

‘current conducting filaments’ shall be added between ‘artificial man-made

filaments’ and ‘synthetic man-made staple fibres of polypropylene’;

6. In Annex I, Note 5.2 the fifth example (‘A carpet with tufts... are met.’) shall be deleted;

7. In Annex II, between the rules for HS headings 2202 and 2208,

the following rule shall be

inserted:

HS
heading No

(1)

Description

(2)

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

(3)

or

(4)

‘2207

strength

alcoholic

Undernatured ethyl alcohol of
an
by
volume of 80 % vol or higher;
other
ethyl
spirits,
any
strength

alcohol
denatured, of

and

Manufacture
— using materials not classi-
fied under headings 2207
or 2208’;

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

‘Chapter 57

Carpets and other textile floor
coverings:

— of needleloom felt

Manufacture from (1):
— natural fibres

or

— chemical materials or tex-

tile pulp

However:
— polypropylene filament of

heading 5402,
— polypropylene

fibres of

heading 5503 or 5506,

— polypropylene

filament
tow of heading 5501, of
which the denomination
in all cases of a single fila-
ment or fibre is less than
9 decitex, may be used
provided their value does
not exceed 40 % of the ex-
works
the
product

price

of

— jute fabric may be used as

backing

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22. 9. 1999

— of other felt

— other

Manufacture from (1):
— natural

fibres not carded
or combed or otherwise
processed for spinning,

or
— chemical materials

or

textile pulp

Manufacture from (1):
— coir or jute yarn (a)
— synthetic or artificial fila-

ment yarn,

— natural fibres, or
staple
— man-made

fibres
not carded or combed or
otherwise processed for
spinning,

but jute fabric may be used as
backing

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.
(a) The use of jute yarn is authorised from 1 July 2000.’

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

‘7006

Glass of headings 7003, 7004
or 7005, bent, edgeworked,
engraved, drilled, enamelled
or otherwise worked, but not
framed or fitted with other
materials:

— glass plate substrate coat-
ed with dielectric
thin
film, semi-conductor gra-
in accordance with
de,
SEMII standards (1)

— other

Manufacture from non-coated
glass
of
heading 7006

substrates

plate

Manufacture from materials
of heading 7001

(1) SEMII-Semiconductor Equipment and Materials Institute Incorporated’;

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

‘7601

Unwrought aluminium

Manufacture in which:
— all the materials used are
classified within a heading
other
the
than that of
product, and

— the value of all the mater-
ials used does not exceed
50 % of
ex-works
the
price of the product

or
manufacture by thermat or
treatment
electrolytic
from
unalloyed
aluminium or
waste and scrap of alumi-
nium’

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11. The following shall be added after Annex IV:

‘ANNEX V

List of products originating in Turkey to which the provisions of Articles 3 and 4 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

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 sweet corn of heading No 0710 40 00 (uncooked or
cooked by steaming or boiling in water), frozen

Vegetables, except
sweet corn 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

ex Chapter 9

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

Chapter 10

Chapter 11

Chapter 12

ex 1302

1501 to 1514

ex 1515

ex 1516

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 “opal-wax”

ex 1517 and ex 1518 Margarines,

imitation lard and other prepared edible fats

ex 1522

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

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Other sugars, including chemically pure lactose, maltose, glucose and fruct-
in solid form; sugar syrups not containing added flavouring or
ose,
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

Cucumbers and gherkins, onions, mango chutney, fruit of the genus genre
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 or flakes, and sweet corn

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

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.

Chapter 16

1701

ex 1702

1703

1801 and 1802

ex 1902

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’

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

It shall apply as from 1 January 1999.

Article 2

Done at Brussels, 24 June 1999.

For the Joint Committee

The President

Fabrizio BARBASO