Decision of the EEA Joint Committee No 188/1999 of 17 December 1999 amending Protocol 4 to the EEA Agreement on rules of origin
Date: 1999-12-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, agro-industry, certificate of origin, customs regulations, manufactured goods, originating product

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DECISION OF THE EEA JOINT COMMITTEE

No 188/1999

of 17 December 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)

Protocol 4 to the Agreement was amended by Decision No 45/1999 of the EEA Joint Committee of
26 March 1999 (1).

(2) 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, Turkey, the European Economic Area (hereinafter referred to as the
(cid:145)EEA(cid:146)), Iceland, Norway and Switzerland.

(3)

It would seem advisable to revise the Articles concerning the amounts in order fully to take into
consideration the entry into force of the euro.

(4) 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 4 to the Agreement is hereby amended as follows:

1.

in Articles 20 and 25, the word (cid:145)ECU(cid:146) shall be replaced by (cid:145)EUR(cid:146);

2. Article 30 shall be replaced by the following:

(cid:145)Article 30

Amounts expressed in euro

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

(1) OJ L 266, 19.10.2000, p. 53.

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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 another Contracting Party or a country referred to in
Article 3, 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.

The amounts expressed in euro and their equivalents in the national currencies of EC Member
4.
States and EFTA States shall be reviewed by the EEA Joint Committee at
the
Contracting Parties. When carrying out this review, the EEA Joint Committee shall ensure that there
will be no decrease in the amounts to be used in any 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.(cid:146)

the request of

3. Annex II shall be amended as follows:

(a)

the entry for HS heading 1904 shall be replaced by:

(cid:145)1904

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

elsewhere

specified

(except

Manufacture:

(cid:151) from materials not classified
within heading No 1806;

(cid:151) in which all the cereals and
flour
(except durum wheat
and its derivatives and Zea
indurata maize) used must be
wholly obtained (1);

(cid:151) in which the value of any
materials of Chapter 17 used
does not exceed 30 % of the
ex-works price of the product

(1) The exception concerning the Zea indurata maize is applicable until 31 December 2002.(cid:146)

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

(cid:145)2207

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

Manufacture:

(cid:151) from materials not classified
within heading Nos 2207 or
2208,

(cid:151) in which all the grapes or any
material derived from grapes
used must be wholly obtained
or if alle the other materials
used are already originating,
arrack may be used up to a
limit of 5 % by volume(cid:146)

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(c)

the entry for HS Chapter 57 shall be replaced by:

(cid:145)Chapter 57

Carpets and other
coverings:

textile floor

(cid:151) Of needleloom felt

Manufacture from (1):
(cid:151) natural fibres

or

(cid:151) chemical materials or textile

pulp

However:
(cid:151) polypropylene

filament

of

heading No 5402,
or

(cid:151) polypropylene

fibres

of

heading Nos 5503 or 5506,
or

(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
the
exceed 40 % of
ex-works price of the product

Jute fabric may be used as backing

(cid:151) Of other felt

(cid:151) Of other textile materials

fibres

Manufacture from (1):
(cid:151) natural
or
processed for spinning,
or

combed

not

or

carded
otherwise

(cid:151) chemical materials or textile

pulp

Manufacture from (1):
(cid:151) coir or jute yarn,
(cid:151) synthetic or artificial filament

yarn,

(cid:151) natural fibres,

or

(cid:151) man-made staple fibres not
or
for

combed
processed

or

carded
otherwise
spinning

(1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.(cid:146)

Jute fabric may be used as backing

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

(cid:145)ex 8401

Nuclear fuel elements

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

used

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

(1) This rule shall apply until 31 December 2005.(cid:146)

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(e)

the following shall be inserted between the entries for HS heading 9606 and 9612:

(cid:145)9608

used

Manufacture in which all
the materials
are
classified within a heading
the
than that of
other
product. However, nibs or
nib-points classified within
the same heading may be
used(cid:146)

pens;

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

This Decision shall enter into force on 1 January 2000, 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, 17 December 1999.

For the EEA Joint Committee

The President

N. v. LIECHTENSTEIN