Decision No 5/1999 of the EU-Romania Association Council of 20 December 1999 amending Protocol 4 on the definition of the concept of 'originating products' and methods of administrative cooperation to the EU-Romania Europe Agreement
Date: 1999-12-20
Institutions: EC–Romania Association Council
Subjects: European integration, Romania, administrative cooperation, association agreement (EU), originating product, trade agreement

14. 1. 2000

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Official Journal of the European Communities

L 10/35

II

(Acts whose publication is not obligatory)

COUNCIL

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

of 20 December 1999

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

(2000/27/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 Romania, of the other part (1),
signed in Brussels, on 1 February 1993 and in particular 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

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

(1) OJ L 357, 31.12.1994, p. 2.

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

Amounts in the national currency of the exporting
1.
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.

4.
The amounts expressed in euro and their equivalents
in the national currencies of Member States and Romania
shall be reviewed by the Association Committee at the
request of the Community or Romania. 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 desir-
ability of preserving the effects of the limits concerned in
real terms. For this purpose, it may decide to modify the
amounts expressed in euro.’

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14. 1. 2000

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
flour and meal), pre-cooked, or
grains (except
otherwise prepared, not elsewhere 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.’

(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

— Of other felt

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— Of other textile materials

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

(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 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, 20 December 1999.

For the Association Council

The President

T. HALONEN