Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning the amendment of Protocol 4 (Rules of origin) to the EEA Agreement
Date: 2012-03-22
Institutions: European Commission
Subjects: European Economic Area, European neighbourhood policy, revision of an agreement, sugar

EUROPEAN COMMISSION 

Brussels, 22.3.2012  
COM(2012) 133 final 

2012/0063 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning the amendment of Protocol 4 (Rules of origin) to the EEA Agreement 

 
 
  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  draft  Joint  Committee  decision  aims  to  amend  Protocol  4  to  the  European 
Economic  Area  (EEA)  Agreement,  in  particular  to  (i)  extend  the  system  of 
cumulation  to  any  country  which  is  a  participant  in  the  European  Union’s 
Stabilisation  and  Association  Process,  (ii)  include  “mixing  of  sugars  and  with  any 
other material” to the list of operations mentioned in Article 6 of Protocol 4 which 
are  to  be  considered  as  insufficient  working  or  processing  to  confer  the  status  of 
originating products and (iii) to correct certain errors.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing the EEA Agreement provides that the Council establishes the position 
to  be  adopted  on  the  Union’s  behalf  on  such  Decisions,  on  a  proposal  from  the 
Commission.  

The  Commission  submits  the  Draft  Decision  of  the  EEA  Joint  Committee  for 
adoption by the Council as the Union’s position. The Commission would hope to be 
able to present it in the EEA Joint Committee at the earliest possible opportunity. 

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2012/0063 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning the amendment of Protocol 4 (Rules of origin) to the EEA Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles Articles 207(4) and 218(9) thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2894/94  of  28  November  1994  concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Protocol  4  to  the  Agreement  provides  for  the  cumulation  of  origin  between  the 
European  Union  and  Iceland,  Norway,  Switzerland  (including  Liechtenstein),  the 
Faeroe  Islands,  Turkey  and  any  country  which  is  a  participant  in  the  Euro-
Mediterranean partnership2, based on the Barcelona Declaration adopted at the Euro-
Mediterranean Conference held on 27 and 28 November 1995. 

In order to develop trade and promote regional integration, it is desirable to extend the 
system of  cumulation  to  any  country  which is a participant in the European Union’s 
Stabilisation and Association Process3. 

It is convenient to include “mixing of sugars and with any other material” into the list 
of  operations  mentioned  in  Article  6  of  Protocol  4  which  are  to  be  considered  as 
insufficient working or processing to confer the status of originating products, 

1 
2 
3 

OJ L 305, 30.11.1994, p. 6.  
Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip. 
Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, 
Serbia, as well as Kosovo under UNSC Resolution 1244/99. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the Union in the EEA Joint Committee concerning the amendment 
of Protocol 4 (Rules of origin) to the EEA Agreement shall be based on the draft Decision of 
the EEA Joint Committee attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
amending Protocol 4 (Rules of origin) to the EEA Agreement 

THE EEA JOINT COMMITTEE, 

Having regard to the Agreement on the European Economic Area, as amended by the Protocol 
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the 
Agreement’, and in particular Article 98 thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Protocol 4 to the Agreement was amended by Decision of the EEA Joint Committee 
No … of …4. 

Protocol  4  to  the  Agreement  provides  for  the  cumulation  of  origin  between  the 
European  Union  and  Iceland,  Norway,  Switzerland  (including  Liechtenstein),  the 
Faeroe  Islands,  Turkey  and  any  country  which  is  a  participant  in  the  Euro-
Mediterranean partnership5, based on the Barcelona Declaration adopted at the Euro-
Mediterranean Conference held on 27 and 28 November 1995. 

In order to develop trade and promote regional integration, it is desirable to extend 
the  system  of  cumulation  to  any  country  which  is  a  participant  in  the  European 
Union’s Stabilisation and Association Process6. 

The  Pan-Euro-Mediterranean  system  of  cumulation  of  origin  is  based  on  the 
Regional  Convention  on  Pan-Euro-Mediterranean  Preferential  Rules  of  Origin,  to 
which Protocol 4 to the Agreement is aligned. 

The  Regional  Convention  of  Pan-Euro-Mediterranean  Preferential  Rules  of  Origin 
shall  not  lead  overall  to  any  less  favourable  situation  than  in  the  previous  relation 
between 
the  Pan-Euro  or  Pan-Euro-
Mediterranean cumulation of origin. 

trade  partners  which  apply 

the  free 

(6) 

Some  amendments  are  required  in  order  to  correct  errors  in  the  existing  text  of 
Protocol 4 to the Agreement, 

HAS ADOPTED THIS DECISION: 

Protocol 4 to the Agreement shall be amended as follows: 

Article 1 

4 
5 
6 

OJ L … 
Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip. 
Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, 
Serbia, as well as Kosovo under UNSC Resolution 1244/99. 

EN 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

In the reference to Article 32 in the Table of Contents, the words ‘Mutual assistance’ 
shall be replaced by ‘Administrative co-operation’. 

Under  the  heading  Joint  Declarations  in  the  Table  of  Contents,  the  word 
‘Community’ shall be replaced by ‘European Union’. 

In  paragraph  1  of  Article  3  the  word  ‘Community’  shall  be  replaced  by  ‘European 
Union’. 

The text of paragraph 2 of Article 3 shall be replaced by the following: 

‘Without  prejudice  to  the  provisions  of  Article  2,  products  shall  be  considered  as 
originating in the EEA if they are obtained there, incorporating materials originating 
in  the  Faroe  Islands  or  in  any  country  which  is  a  participant  in  the  Euro-
Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro 
Mediterranean Conference held on 27 and 28 November 1995, other than Turkey7 or 
in  any  country  which  is  a  participant  in  the  European  Union’s  Stabilisation  and 
Association Process8, provided that the working or processing carried out in the EEA 
goes beyond the operations referred to in Article 6. It shall not be necessary for such 
materials to have undergone sufficient working or processing.’ 

In  sub-paragraph  3  of  paragraph  5  of  Article  3  the  word  ‘Community’  shall  be 
replaced  by  ‘European  Union’  and  the  words  ‘Commission  of  the  European 
Communities’ shall be replaced by ‘European Commission’. 

In  paragraph  2  of  Article  4  the  word  ‘Community’  shall  be  replaced  by  ‘European 
Union’. 

In paragraph 2 of Article 5 the words ‘shall not be used’ shall be replaced by ‘should 
not be used’. 

In paragraph 1 of Article 6 the following shall be inserted after letter (m): 

‘(n)  mixing of sugar with any materials;’ 

The current letters (n) to (p) shall be renumbered letters (o) to (q). 

In paragraph 1 of Article 31 the word ‘Community’ shall be replaced by ‘European 
Union’. 

In paragraph 3 of Article 31 the words ‘Commission of the European Communities’ 
shall be replaced by ‘European Commission’. 

11. 

The title of Article 32 shall be replaced by: 

‘Administrative co-operation’ 

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8 

Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, West Bank and Gaza Strip. 
Albania, Bosnia and Herzegovinia, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, 
Serbia, as well as Kosovo under UNSC Resolution 1244/99. 

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12. 

13. 

14. 

15. 

16. 

17. 

18. 

In paragraph 1 of Article 32 the words ‘Commission of the European Communities’ 
shall be replaced by ‘European Commission’ 

In Note 1 to Annex I the words ‘Article 6’ shall be replaced by ‘Article 5’. 

In  Note  3.1  to  Annex  I  the  word  ‘Community’  shall  be  replaced  by  ‘European 
Union’. 

In  footnote  3  to  Annex  VI  the  word  ‘Community’  shall  be  replaced  by  ‘European 
Union’. 

In the title of and in the first sub-paragraph of the Joint Declaration concerning the 
acceptance  of  proofs  of  origin  issued  within  the  framework  of  the  agreements 
referred  to  in  Article  3  of  Protocol  4  for  products  originating  in  the  Community, 
Iceland or Norway, the word ‘Community’ shall be replaced by ‘European Union’. 

In  the  first  sub-paragraph  of  the  Joint  Declaration  concerning  the  Principality  of 
Andorra the word ‘Community’ shall be replaced by ‘European Union’. 

In  the  first  sub-paragraph  of  the  Joint  Declaration  concerning  the  Republic  of  San 
Marino the word ‘Community’ shall be replaced by ‘European Union’. 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee*. 

Article 2  

Article 3 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Done at Brussels, […]. 

For the EEA Joint Committee  
The President   
[…] 

The Secretaries 
to the EEA Joint Committee 
[…] 

* 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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