Decision No 2/1999 of the EC-Switzerland Joint Committee of 29 November 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 (Text with EEA relevance)
Date: 1999-11-29
Institutions: EC–Switzerland Joint Committee
Subjects: Switzerland, administrative cooperation, agreement (EU), monetary union, originating product, protocol to an agreement

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Official Journal of the European Communities

15. 12. 1999

COMMISSION

DECISION No 2/1999 OF THE EC-SWITZERLAND JOINT COMMITTEE

of 29 November 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

(Text with EEA relevance)

(1999/826/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,

(1) 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 Slovak Republic, Bulgaria,
Romania, Latvia, Lithuania, Estonia, Slovenia, Turkey, the European Economic Area (hereinafter
referred to as the EEA), Iceland, Norway and Switzerland;

the Czech Republic,

(2) Whereas it would seem advisable to revise the Articles concerning the amounts in order to fully take

into consideration the entry into force of the euro;

(3) Whereas, to take account of changes in processing techniques and shortages of certain raw materials,
some corrections must 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 3 on the definition of the concept of ‘originating products’ and methods of administrative
cooperation is hereby amended as follows:

1.

in Articles 21 and 26 the word ‘Ecu’ shall be replaced by ‘euro’;

2. Article 30 shall be replaced by the following:

‘Article 30

Amounts expressed in euro

1.
Amounts in the national currency of the exporting country equivalent to the amounts expressed in
euro shall be fixed by the exporting country and communicated to the importing countries through the
European Commission.

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

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2. When the amounts exceed the corresponding amounts fixed by the importing country, the latter
shall accept them if the products are invoiced in the currency of the exporting country. When the
products are invoiced in the currency of EC Member States or another country referred to in Articles 3
and 4, the importing country shall recognise the amount notified by the country concerned.

The amounts to be used in any given national currency shall be the equivalent in that national

3.
currency of the amounts expressed in euro as at the first working day of October 1999.

4.
The amounts expressed in euro and their equivalents in the national currencies of Member States
and Switzerland shall be reviewed by the Joint Committee at the request of the Community or
Switzerland. When carrying out this review, the Joint Committee shall ensure that there will be no
decrease in the amounts to be used in national currency and shall furthermore consider the desirability
of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify
the amounts expressed in euro.’;

3. Annex II shall be amended as follows:

(a) the entry for HS heading 1904 shall be replaced by:

‘1904

Prepared foods obtained by the
swelling or roasting of cereal or
cereal products (for example, corn
flakes); cereals (other than maize
(corn) in grain form or in the form
of
flakes or other worked grains
and meal), pre-
(except
cooked, or otherwise prepared, not
elsewhere specified or included

flour

Manufacture:
— from materials not classi-
fied within heading No
1806;

— in which all

the cereals
and flour (except durum
wheat and its derivatives
and Zea indurata maize)
used must
be wholly
obtained (1);

— in which the value of any
materials of Chapter 17
exceed
used
does not
30 % of
ex-works
price of the product

the

(1) The exception concerning the Zea indurata maize is applicable until 31.12.2002.’

(b) the entry for HS heading 2207 shall be replaced by:

‘2207

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

Manufactured:
— from materials not classi-
fied within heading Nos
2207 or 2208,

used must

— in which all the grapes or
any material derived from
be
grapes
wholly obtained or if all
the other materials used
are
already originating,
arrack may be used up to
a limit of 5 % by volume’

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Official Journal of the European Communities

15. 12. 1999

(c) the entry for HS Chapter 57 shall be replaced by:

‘Chapter 57

and other

Carpets
coverings:
— Of needleloom felt

textile

floor

Manufactured from (1):
— natural fibres

or

— chemical materials

or

textile pulp

However:
— polypropylene filament of

heading No 5402,
or

— polypropylene

fibres of
heading Nos 5503 or
5506,
or

— polypropylene

filament
tow of heading No 5501,
of which the denomina-
tion 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
backing

Manufactured from (1):
— natural fibres not carded
or combed or otherwise
processed for spinning,
or

— chemical materials

or

textile pulp

Manufactured from (1):
— coir or jute yarn,
— synthetic or artificial fila-

ment yarn,
— natural fibres, or
staple
— man-made

fibres
not carded or combed or
otherwise processed for
spinning

Jute fabric may be used as
backing

— Of other felt

— Of other textiles materials

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

(d) the entry for HS heading 8401 shall be replaced by:

‘ex 8401

Nuclear fuel elements

Manufacture in which all the
materials used are classified
within a heading other than
that of the product (1)

Manufacture in which
the
the value of all
does not
materials
exceed 30 % of
the
ex-works price of the
final product

(1) This rule shall apply until 31 December 2005.’

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(e) the following shall be inserted between the entries for HS heading Nos 9606 and 9612:

‘9608

porous-tipped

felt-tipped and
Ball-point pens;
other
and
pens
markers; fountain pens, stylograph
pens and other pens; duplicating
stylos; propelling or sliding pencils;
and
pen-holders,
(including
similar holders; parts
the foregoing
caps and clips) of
articles,
of
those
heading No 9609

pencil-holders

other

than

Manufacture in which all the
materials used are classified
within a heading other than
that of the product. However,
nibs or nib-points classified
within the same heading may
be used’

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

It is applicable from 1 January 2000.

Article 2

Done at Brussels, 29 November 1999.

For the Joint Committee

The President

Fabricio BARBASO