2001/203/EC: Decision No 2/2001 of the EU-Estonia Association Council of 24 January 2001 amending Protocol 3 on the definition of the concept of "originating products" and methods of administrative cooperation to the EU-Estonia Europe Agreement
Date: 2001-01-24
Institutions: EC–Estonia Association Council
Subjects: EU Member State, Estonia, administrative cooperation, association agreement (EU), originating product

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 2/2001 OF THE EU-ESTONIA ASSOCIATION COUNCIL

of 24 January 2001

amending Protocol 3 on the definition of the concept of ‘originating products’ and methods of
administrative cooperation to the EU-Estonia Europe Agreement

(2001/203/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an association between the European Communities
and their Member States, of the one part, and the Republic of Estonia, of the other part (1), signed in
Luxembourg on 12 June 1995 and in particular Article 38 of Protocol 3 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 Czech Republic, the Slovak Republic, Bulgaria, Romania, Latvia,
Lithuania, Estonia, Slovenia, Turkey, the European Economic Area, Iceland, Norway and Switzerland.

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.

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-origin-
ating materials have to fulfil to qualify for originating status.

(4)

Protocol 3 should therefore be amended,

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 68, 9.3.1998, p. 3.

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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 Estonia shall be reviewed by the Association Committee at the request of the Community or
Estonia. 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 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 (except flour and
meal), pre-cooked, or otherwise
prepared, not elsewhere speci-
fied 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
the
price
product

of

(1) The exception concerning the Zea indurata maize is applicable until 31 December 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
ethyl
alcohol and other spirits, dena-
tured, of any strength

higher;

or

Manufacture:

— from materials not classified
within heading No 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
originating, arrack may be
used up to a limit of 5 % by
volume’

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(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

of
heading Nos 5503 or 5506,
or

fibres

— polypropylene filament tow
of heading No 5501, of
which the denomination in
all cases of a single filament
or
than 9
decitex,

fibre

less

is

may be used provided their
value does not exceed 40 % of
the
the
product

ex-works

price

of

Jute fabric may be used as
backing

— Of other felt

Manufacture from (1):

— natural fibres not carded or
combed
otherwise
or
processed for spinning, or

— chemical materials or textile

pulp

— Of other textile materials

Manufacture from (1):

— coir or jute yarn,

— synthetic or artificial

fila-

ment yarn,

— natural fibres, or

— man-made staple fibres not
carded or combed or other-
wise 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

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

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

does

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

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(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, stylo-
graph pens and other pens;
duplicating stylos; propelling or
pen-holders,
sliding
pencil-holders,
similar
(including caps
holders; parts
foregoing
the
and clips) of
articles, other
than those of
heading No 9609

pencils;

and

the
Manufacture in which all
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, 24 January 2001.

For the Association Council

The President

T. H. ILVES