Decision No 5/1999 of the EU-Poland Association Council of 17 December 1999 amending Protocol 4 on the definition of the concept of 'originating products' and methods of administrative cooperation to the EU-Poland Europe Agreement
Date: 1999-12-17
Institutions: EC–Poland Association Council
Subjects: Poland, administrative cooperation, agreement (EU), association agreement (EU), originating product

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Official Journal of the European Communities

4. 2. 2000

DECISION No 5/1999 OF THE EU-POLAND ASSOCIATION COUNCIL

of 17 December 1999

amending Protocol 4 on the definition of the concept of ‘originating products’ and methods of
administrative cooperation to the EU-Poland Europe Agreement

(2000/101/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an asso-
ciation between the European Communities and their Member
States, of the one part, and the Republic of Poland, of the other
part (1), signed in Brussels on 16 December 1991 and in partic-
ular Article 38 of Protocol 4 thereof,

Whereas:

(1)

(2)

(3)

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, Iceland,
Norway and Switzerland;

the Czech Republic,

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;

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;

(4)

Protocol 4 should therefore be amended,

HAS DECIDED AS FOLLOWS:

Article 1

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.

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 import country shall recognise the amount
notified by the country concerned.

The amounts

to be used in any given national
3.
currency shall be the equivalent in that national currency of
the amounts expressed in euro as at the first working day of
October 1999.

The amounts expressed in euro and their equivalents
4.
in the national currencies of Member States and Poland shall
be reviewed by the Association Committee at the request of
the Community or Poland. When carrying out this review,
the Association 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
terms. For this
purpose, it may decide to modify the amounts expressed in
euro.’

the limits concerned in real

Protocol 4 on the definition of the concept of ‘originating
products’ and methods of administrative cooperation is hereby
amended as follows:

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 (except flour and
meal), pre-cooked, or otherwise prepared, not else-
where specified or included

Manufacture:
— from materials not classified 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
used does not exceed 30 % of the ex-works price of
the product

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

(1) OJ L 348, 31.12.1993, p. 2.

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Official Journal of the European Communities

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(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

Manufacture:
— from materials not classified within heading

Nos 2207 or 2208,

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

(c) the entry for HS 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 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 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 ex-works price of the product

Jute fabric may be used as backing

Manufacture from (1):
— natural fibres not carded or combed or other-

wise processed for spinning,
or

— chemical materials or textile pulp

Manufacture from (1):
— coir or jute yarn,
— synthetic or artificial filament yarn,
— natural fibres,

or

— man-made staple fibres not carded or combed

or otherwise processed for spinning

Jute fabric may be used as backing

— Of other felt

— Of other textile materials

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

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Official Journal of the European Communities

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(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 value of all
the materials does not exceed 30 % of
the ex-works price of the product

(1) This rule shall apply until 31.12.2005.’

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

‘9608

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

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 shall apply from 1 January 2000.

Article 2

Done at Brussels, 17 December 1999.

For the Association Council

The President

B. GEREMEK