2002/170/EC: Decision No 1/2002 of the EC-Former Yugoslav Republic of Macedonia Cooperation Council of 30 January 2002 on the introduction of two Joint Declarations concerning the Principality of Andorra and the Republic of San Marino and on amendments to Protocol 4 on the definition of the concept of originating products and methods of administrative cooperation
Date: 2002-01-30
Institutions: EC–Macedonia Cooperation Council
Subjects: Andorra, North Macedonia, San Marino, administrative cooperation, originating product, trade agreement

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EN

Official Journal of the European Communities

27.2.2002

DECISION No 1/2002 OF THE EC-FORMER YUGOSLAV REPUBLIC OF MACEDONIA
COOPERATION COUNCIL

of 30 January 2002

on the introduction of two Joint Declarations concerning the Principality of Andorra and the
Republic of San Marino and on amendments to Protocol 4 on the definition of the concept of
originating products and methods of administrative cooperation

THE COOPERATION COUNCIL,

(4)

(2002/170/EC)

Having regard to the Interim Agreement on trade and trade-
related matters between the European Community, of the one
part, and the Former Yugoslav Republic of Macedonia, of the
other part (1), hereinafter referred to as ‘the Interim Agreement’,

Having regard in particular
to Article 38 of Protocol 4
concerning the definition of the concept of originating prod-
ucts and methods of administrative cooperation to the Interim
Agreement,

Whereas:

(1)

(2)

(3)

the

between

Agreement

Pending the entry into force of the Stabilisation and
Association
European
Communities and their Member States, of the one part,
and the Former Yugoslav Republic of Macedonia, of the
other part, signed in Luxembourg on 9 April 2001,
Council Decision 2001/330/EC (2) has concluded the
Interim Agreement on trade and trade-related matters
between the European Community, of the one part, and
the Former Yugoslav Republic of Macedonia, of
the
other part.

regarding the completion of

In accordance with Article 50 of the Interim Agreement
and following notification on 27 April 2001 by both
respective
sides
internal procedures,
together
including Protocol 4
with its Annexes and Protocols,
concerning the definition of the concept of originating
products and methods of administrative cooperation,
entered into force on 1 June 2001 (3).

the Interim Agreement

their

It is desirable to insert a joint declaration after Protocol
4, concerning the recognition and acceptance by the
Former Yugoslav Republic of Macedonia of products
originating in the Republic of San Marino as originating
in the Community. The inclusion of such a joint declara-
tion is standard practice within the context of preferen-
tial agreements negotiated by the Community with third
countries and the existence of a customs union between
the Community and the Republic of San Marino justifies
the inclusion of such a joint declaration.

(1) OJ L 124, 4.5.2001, p. 2.
(2) OJ L 124, 4.5.2001, p. 1.
(3) OJ C 149, 19.5.2001, p. 1.

It is desirable to insert a joint declaration after Protocol
4 concerning the recognition and acceptance by the
Former Yugoslav Republic of Macedonia of products
falling within Chapters 25 to 97 originating in the Prin-
cipality of Andorra as originating in the Community.
The inclusion of such a joint declaration is standard
practice within the context of preferential agreements
negotiated by the Community with third countries and
the
customs union between the
Community and Andorra for those products justifies the
inclusion of such a joint declaration.

existence of

a

(5)

In the interests of clarity, it is desirable to correct certain
errors in Protocol 4 related to mistaken references in
individual Articles to other Articles, as well as a number
of material errors,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 4 concerning the definition of the concept of origin-
ating products and methods of administrative cooperation to
the Interim Agreement on trade and trade-related matters
between the European Community, of the one part, and the
Former Yugoslav Republic of Macedonia, of the other part,
applicable since 1 June 2001 following the notification on 27
April 2001 by both sides of the completion of their respective
internal procedures,

is amended as follows:

1.

in the ‘Table of contents’, in Title II, the second indent
shall be replaced by the following:

‘— Article 3 Bilateral cumulation in the Community’;

2.

in the ‘Table of contents’, in Title II, the third indent shall
be replaced by the following:

‘— Article 4 Bilateral cumulation in the Former Yugoslav

Republic of Macedonia’;

3.

in Article 3, the title shall be replaced by the following:

‘Bilateral cumulation in the Community’;

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Official Journal of the European Communities

L 56/25

4. the last sentence in Article 3 shall be replaced by the

10. Article 30(1) shall be replaced by the following:

following:

‘It shall not be necessary that such materials have under-
gone sufficient working or processing, provided they have
undergone working or processing going beyond the opera-
tions referred to in Article 7.’;

For the application of

the provisions of Article
‘1.
21(1)(b) and Article 26(3)
in cases where products are
invoiced in a currency other than euro, amounts in the
national currencies of the Member States or of the Former
Yugoslav Republic of Macedonia
to the
amounts expressed in euro shall be fixed annually by each
of the countries concerned.’;

equivalent

5. the last sentence in Article 4 shall be replaced by the

following:

11.

in Article 30(3) and Article 31(1) the terms ‘European
Commission’ shall be replaced by the following:

‘It shall not be necessary that such materials have under-
gone sufficient working or processing, provided they have
undergone working or processing going beyond the opera-
tions referred to in Article 7.’;

6.

in Article 5, paragraph 2(a)(b)(c)(d)(e), Article 17(4) and
Article 31(1),
‘EC Member State’ and ‘EC
Member States’ shall be replaced respectively by the
following:

the terms

‘Member State of the Community’ and ‘Member States of
the Community’;

7. Article 15(1) shall be replaced by the following:

‘1.
Non-originating materials used in the manufacture
of products originating in the Community or in the
Former Yugoslav Republic of Macedonia,
for which a
proof of origin is issued or made out in accordance with
the provisions of Title V shall not be subject
in the
Community or the Former Yugoslav Republic of Mace-
donia to drawback of, or exemption from, customs duties
of whatever kind.’;

8. Article 15(2) shall be replaced by the following:

‘2.
The prohibition in paragraph 1 shall apply to any
arrangement for refund, remission or non-payment, partial
or complete, of customs duties or charges having an
equivalent effect, applicable in the Community or in the
Former Yugoslav Republic of Macedonia to materials used
in the manufacture, where such refund, remission or non-
payment applies, expressly or in effect, when products
obtained from the said materials are exported and not
when they are retained for home use there.’;

9. the last subparagraph in Article 15 shall be replaced by the

following:

‘7.
The provisions of this Article shall apply from 1
January 2003. The provisions of paragraph 6 shall apply
until 31 December 2005 and may be reviewed by
common accord.’;

‘Commission of the European Communities’;

12.

in Annex II, the last indent in column (3) of Heading 1901
shall be replaced by the following:

‘— the value of the materials of Chapter 17 used does not
exceed 30 % of the ex-works price of the product’;

13.

in Annex II, the last indent in column (3) of Heading 2106
shall be replaced by the following:

‘— the value of the materials of Chapter 17 used does not
exceed 30 % of the ex-works price of the product’;

14.

in Annex II, the last three indents in column (3) applicable
to the first indent in column (2) in Heading 5602, shall be
replaced by the following:

‘— polypropylene filament of heading No 5402,

— polypropylene fibres of heading No 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’;

15.

in Annex II, the last three indents in column (3) applicable
to the first indent in column (2) in Chapter 57, shall be
replaced by the following:

‘— polypropylene filament of heading No 5402,

— polypropylene fibres of heading No 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 a backing’.

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Official Journal of the European Communities

27.2.2002

After Protocol 4 the following Joint Declarations shall be added:

Article 2

‘JOINT DECLARATION

concerning the Principality of Andorra

1.
Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmo-
nised System shall be accepted by the Former Yugoslav Republic of Macedonia as originating in the
Community within the meaning of this Agreement.

Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the

2.
abovementioned products.

JOINT DECLARATION

concerning the Republic of San Marino

Products originating in the Republic of San Marino shall be accepted by the Former Yugoslav

1.
Republic of Macedonia as originating in the Community within the meaning of this Agreement.

Protocol 4 shall apply mutatis mutandis for the purpose of defining the originating status of the

2.
abovementioned products.’

This Decision shall enter into force on the day of its adoption and shall apply from the first day of the
month following its adoption.

Article 3

Done at Brussels, 30 January 2002.

For the Cooperation Council

The President