Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of 'originating products' and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin
Date: 2014-05-15
Institutions: European Commission
Subjects: Switzerland, administrative cooperation, originating product, preferential agreement, protocol to an agreement, regional cooperation, trading operation













EUR-Lex - 52014PC0268 - EN











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52014PC0268

Proposal for a COUNCIL DECISION on the position to be taken by the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of 'originating products' and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin /* COM/2014/0268 final - 2014/0141 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[1] (hereafter 'the
Convention') lays down provisions on the origin of goods traded under relevant
Agreements concluded between the Contracting Parties. The EU and Switzerland signed the Convention on 15 June 2011.
The EU and Switzerland deposited their
instruments of acceptance with the depositary of the Convention on 26 March
2012 and on 28 November 2011, respectively. As a consequence, in application of
its Article 10(3), the Convention entered into force in relation to the EU and Switzerland on 1 May 2012 and on 1 January 2012, respectively.
Article 6 of the Convention provides that
each Contracting Party shall take appropriate measures to ensure that the
Convention is effectively applied. To that effect, the Joint Committee
established by the Agreement between the European Economic Community and the
Swiss Confederation[2]
should adopt a Decision replacing Protocol 3 concerning the definition of the
concept of 'originating products' and methods of administrative cooperation by
a new Protocol which, with regard to the rules of origin, refers to the
Convention. The position to be taken by the EU within the Joint Committee
should be established by the Council.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
EU Member States were consulted on the
draft Council Decision in the Customs Code Committee's Origin Section of 13 May
2013. The Contracting Parties to the Convention were consulted at the meeting
of the Pan-Euro-Med working group of 14 and 15 May 2013.
No recourse to external expertise has been
necessary. Furthermore, it has not been necessary to conduct an impact
assessment, since the proposed amendments are technical in nature and do not
affect the substance of the protocol on rules of origin currently in effect.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
The legal basis for Council Decision is the
first subparagraph of Article 207(4) in conjunction with Article 218(9) of
the Treaty on the Functioning of the European Union.
The proposal falls under the exclusive
competence of the Union. The principle of subsidiarity does therefore not apply.
Proposed instrument: Council Decision.
2014/0141 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken by the
European Union within the Joint Committee established by the Agreement between
the European Economic Community and the Swiss Confederation of 22 July 1972, as
regards the replacement of Protocol 3 to that Agreement, concerning the
definition of the concept of 'originating products' and methods of
administrative cooperation, by a new Protocol which, as regards the rules of
origin, refers to the Regional Convention on pan-Euro-Mediterranean
preferential rules of origin
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular the first subparagraph of
Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       Protocol 3 to the
Agreement between the European Economic Community and the Swiss Confederation[3], hereafter 'the
Agreement', concerns the definition of the concept of 'originating products'
and methods of administrative cooperation, hereafter ‘Protocol 3’.
(2)       The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[4], hereafter 'the
Convention', lays down provisions on the origin of goods traded under relevant
Agreements concluded between the Contracting Parties.
(3)       The EU and Switzerland signed the Convention on 15 June 2011.
(4)       The EU and Switzerland deposited their instruments of acceptance with the depositary of the Convention
on 26 March 2012 and 28 November 2011, respectively. As a consequence, in
application of its Article 10(3), the Convention entered into force in relation
to the EU and Switzerland on 1 May 2012 and 1 January 2012,
respectively.
(5)       Article 6 of the
Convention provides that each Contracting Party shall take appropriate measures
to ensure that the Convention is effectively applied. To that effect, the Joint
Committee established by the Agreement should adopt a Decision replacing
Protocol 3 by a new Protocol which, with regard to the rules of origin, refers
to the Convention.
(6)       The European Union should
therefore adopt the position set out in the attached draft Decision, within the
Joint Committee,
HAS ADOPTED THIS DECISION: 
Article 1
The position to be adopted by the European
Union within the Joint Committee established by the Agreement between the
European Economic Community and the Swiss Confederation, as regards the replacement
of Protocol 3 to that Agreement, concerning the definition of the concept of
'originating products' and methods of administrative cooperation, by a new
Protocol which, as regards the rules of origin, refers to the Regional Convention
on pan-Euro-Mediterranean preferential rules of origin, is set out in the
attached draft Decision of the Joint Committee.
Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the Joint Committee without
further decision of the Council.
Article 2 
The Decision of the Joint Committee shall
be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the
day of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 54, 26.2.2013, p. 4.
[2]               OJ L 300, 31.12.1972, p. 189.
[3]               OJ L 300,
31.12.1972, p. 189.
[4]               OJ L 54, 26.2.2013, p. 4.
ANNEX 
Draft
DECISION OF THE EU-SWITZERLAND JOINT COMMITTEE No […]
of […]
amending Protocol 3 to the Agreement between the European Economic
 Community and the Swiss Confederation concerning the definition of the concept
of 'originating products' and methods of administrative cooperation
The Joint Committee,
Having regard to the Agreement between the
European Economic Community and the Swiss Confederation, signed in Brussels on 22
July 1972[1],
hereinafter referred to as 'the Agreement', and in particular its Article 11,
Having regard to Protocol 3 to the
Agreement concerning the definition of the concept of 'originating products'
and methods of administrative cooperation, hereinafter referred to as Protocol
3',
Whereas:
(1)                   
Article 11 of the Agreement refers to Protocol 3
which lays down the rules of origin and provides for cumulation of origin
between the EU, Switzerland (including Liechtenstein), Iceland, Norway, Turkey, the Faroe Islands and the participants in the Barcelona Process[2].
(2)                   
Article 39 of Protocol 3 provides that the Joint
Committee provided for in Article 29 of the Agreement may decide to amend the
provisions of this protocol.
(3)                   
The regional Convention on
pan-Euro-Mediterranean preferential rules of origin[3], hereafter 'the
Convention', aims at replacing the protocols on rules of origin currently in
force among the countries of the pan-Euro-Mediterranean area with a single
legal act.
(4)                   
The EU and Switzerland signed the Convention on 15
June 2011.
(5)                   
The EU and Switzerland deposited their
instruments of acceptance with the depositary of the Convention on 26 March
2012 and 28 November 2011, respectively. As a consequence, in application of
its Article 10(3), the Convention entered into force in relation to the EU and Switzerland on 1 May 2012 and 1 January 2012, respectively.
(6)                   
The participants in the Stabilisation and
Association Process have been included in the pan-Euro-Mediterranean zone of
cumulation of origin through the Convention.
(7)                   
Where the transition towards the Convention is
not simultaneous for all Contracting Parties within the cumulation area, it
should not lead to any less favourable situation than previously under the
Protocol.
(8)                   
Protocol 3 to the Agreement should therefore be
amended so as to make reference to the Convention.
HAS DECIDED
AS FOLLOWS:
Article 1
Protocol 3 to the Agreement concerning the
definition of the concept of 'originating products' and methods of administrative
cooperation shall be replaced by the text set out in the Annex to this
Decision.
Article 2
This Decision shall enter into force on the
day of its adoption.
It shall apply from [1 xx 2014].
Done at
                                                                       For
the Joint Committee
                                                                       The
Chairman
Annex
Protocol
3
concerning
the definition of the concept of 'originating products' and methods of
administrative cooperation
Article 1
Applicable
rules of origin
For the purpose of implementing this
Agreement, Appendix I and the relevant provisions of Appendix II to the
Regional Convention on pan-Euro-Mediterranean preferential rules of origin[4], hereafter 'the
Convention', shall apply.
All references to the 'relevant agreement'
in Appendix I and in the relevant provisions of Appendix II to the Regional
Convention on pan-Euro-Mediterranean preferential rules of origin shall be
construed so as to mean this Agreement.
Article 2
Dispute
settlement
Where disputes arise in relation to the
verification procedures of Article 32 of Appendix I to the Convention which
cannot be settled between the customs authorities requesting the verification
and the customs authorities responsible for carrying out this verification,
they shall be submitted to the Joint Committee.
In all cases the settlement of disputes
between the importer and the customs authorities of the importing country shall
take place under the legislation of that country.
Article 3
Amendments
to the Protocol
The Joint Committee may decide to amend the
provisions of this Protocol.
Article 4
Withdrawal
from the Convention
1. Should either the EU or Switzerland give notice in writing to the depositary of the Convention of their intention to
withdraw from the Convention according to its Article 9, the EU and Switzerland shall immediately enter into negotiations on rules of origin for the purpose of
implementing this Agreement.
2. Until the entry into force of such newly
negotiated rules of origin, the rules of origin contained in Appendix I and,
where appropriate, the relevant provisions of Appendix II to the Convention,
applicable at the moment of withdrawal, shall continue to apply to this
Agreement. However, as of the moment of withdrawal, the rules of origin
contained in Appendix I and, where appropriate, the relevant provisions of
Appendix II to the Convention shall be construed so as to allow bilateral
cumulation between the EU and Switzerland only.
Article 5
Transitional
provisions – cumulation
1. Notwithstanding Article 3 of Appendix I
to the Convention, the rules on cumulation provided for in Articles 3 and 4 of
Protocol 3 to this Agreement, as amended by Decision Nr 3/2005 of the
EU-Switzerland Joint Committee of 15 December 2005[5], shall continue to
apply between the EU and Switzerland until the Convention has entered into
application with relation to all Contracting Parties listed in these Articles 3
and 4.
2. Notwithstanding Articles 16(5) and 21(3)
of Appendix I of the Convention, where cumulation involves only EFTA States,
The Faroe Islands, the EU, Turkey and the participants in the Stabilisation and
Association Process, the proof of origin may be a movement certificate EUR.1 or
an origin declaration.
[1]               OJ L 300,
31.12.1972, p. 189.
[2]               Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine, Syria and Tunisia.
[3]               OJ L 54, 26.2.2013, p. 4.
[4]               OJ L 54, 26.2.2013, p. 4.
[5]               OJ L 45, 15.2.2006, p. 2.