Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, 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: 2015-01-29
Institutions: European Commission
Subjects: Palestine, West Bank question, administrative cooperation, association agreement (EU), joint committee (EU), location of production, originating product, trading operation













EUR-Lex - 52015PC0026 - EN











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52015PC0026

Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, 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/2015/026 final - 2015/0018 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[1]
('the Convention') lays down provisions on the origin of goods traded under
relevant Agreements concluded between the Contracting Parties. The EU and Palestine[2] signed the Convention
on 15 June 2011 and 18 September 2013 respectively.
The EU and Palestine deposited their
instrument of acceptance with the depositary of the Convention on 26 March 2012
and 27 May 2014 respectively. As a consequence, in application of its Article
10(3), the Convention entered into force in relation to the EU and Palestine on 1 May 2012 and on 1 July 2014 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 Euro-Mediterranean Interim
Association Agreement on trade and cooperation between the European Community,
of the one part, and the Palestine Liberation Organization (PLO) for the
benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of
the other part[3], 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
The EU Member States were informed on the
draft Council Decision in the Customs Code Committee's Origin Section of 13 May
2013. The Contracting Parties to the Convention were last consulted at the
meeting of the Pan-Euro-Med working group of 22 and 23 October 2014.
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 the 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.
2015/0018 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted on behalf of
the European Union within the Joint Committee established by the
Euro-Mediterranean Interim Association Agreement on trade and cooperation
between the European Community, of the one part, and the Palestine Liberation
Organization (PLO) for the benefit of the Palestinian Authority of the West
Bank and the Gaza Strip, of the other part, 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 Euro-Mediterranean Interim Association
Agreement on trade and cooperation between the European Community, of the one
part, and the Palestine Liberation Organization (PLO) for the benefit of the
Palestinian Authority of the West Bank and the Gaza Strip, of the other part[4]
(‘the Agreement’), concerns the definition of the concept of ‘originating
products’ and methods of administrative cooperation (‘Protocol 3’).
(2)       The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[5] (‘the Convention’) lays
down provisions on the origin of goods traded under relevant agreements
concluded between the Contracting Parties.
(3)       The Union and Palestine[6]
signed the Convention on 15 June 2011 and 18 September 2013 respectively.
(4)       The Union and Palestine deposited their instruments of
acceptance with the depositary of the Convention on 26 March 2012 and 27 May 2014 respectively. Consequently, in
application of Article 10(3) of the Convention, the Convention entered into
force in relation to the Union and Palestine on 1 May 2012 and on 1 July 2014 respectively.
(5)       Article 6 of the
Convention provides that each Contracting Party is to 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 position of the Union within the Joint Committee should therefore be based on the attached draft decision,
HAS ADOPTED THIS DECISION: 
Article 1
The position to be adopted on behalf of the
European Union within the Joint Committee established by the Euro-Mediterranean
Interim Association Agreement on trade and cooperation between the European
Community, of the one part, and the Palestine Liberation Organization (PLO) for
the benefit of the Palestinian Authority of the West Bank and the Gaza Strip,
of the other part, 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, shall be based on the draft decision of the Joint
Committee attached to this Decision.
Minor changes to the draft decision of the Joint
Committee 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
date of its adoption.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 54, 26.2.2013, p. 4.
[2]               This designation shall not be
construed as recognition of a State of Palestine and is without prejudice to
the individual positions of the Member States on this issue.
[3]               OJ L 187, 16.7.1997, p. 3.
[4]               OJ L 187, 16.7.1997, p. 3.
[5]               OJ L 54, 26.2.2013, p. 4.
[6]               This designation shall not be
construed as recognition of a State of Palestine and is without prejudice to
the individual positions of the Member States on this issue.
Draft
DECISION No … OF THE EU-PALESTINE JOINT COMMITTEE
of 
replacing Protocol 3 to the Euro-Mediterranean Interim Association
Agreement on trade and cooperation between the European Community, of the one
part, and the Palestine Liberation Organization (PLO) for the benefit of the
Palestinian Authority of the West Bank and the Gaza Strip, of the other part,
concerning the definition of the concept of 'originating products' and methods
of administrative cooperation
The EU-palestine joint committee,
Having regard to the Euro-Mediterranean
Interim Association Agreement on trade and cooperation between the European
Community, of the one part, and the Palestine Liberation Organization (PLO) for
the benefit of the Palestinian Authority of the West Bank and the Gaza Strip,
of the other part[1],
and in particular Article 25 thereof,
Having regard to Protocol 3 to the Euro-Mediterranean
Interim Association Agreement on trade and cooperation between the European
Community, of the one part, and the Palestine Liberation Organization (PLO) for
the benefit of the Palestinian Authority of the West Bank and the Gaza Strip,
of the other part, concerning the definition of the concept of 'originating
products' and methods of administrative cooperation,
Whereas:
(1)                   
Article 25 of the Euro-Mediterranean Interim
Association Agreement on trade and cooperation between the European Community,
of the one part, and the Palestine Liberation Organization (PLO) for the
benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of
the other part ('the
Agreement') refers to Protocol 3 to the Agreement ('Protocol 3') which lays
down the rules of origin and provides for cumulation of origin between the
European Union, Palestine and other Contracting Parties to the Convention.
(2)                   
Article 39 of Protocol 3 provides that the Joint
Committee provided for in Article 63 of the Agreement may decide to amend the
provisions of this protocol.
(3)                   
The Regional Convention on
pan-Euro-Mediterranean preferential rules of origin[2] ('the Convention') aims
to replace 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 European Union and Palestine[3]
signed the Convention on 15 June 2011 and 18 September 2013 respectively.
(5)                   
The European Union and Palestine deposited their instruments of acceptance
with the depositary of the Convention on 26 March 2012 and 27 May 2014 respectively. Consequently, in
application of Article 10(3) of the Convention, the Convention entered into
force in relation to the Union and Palestine on 1 May 2012 and on 1 July 2014 respectively.
(6)                   
Protocol 3 should therefore be replaced by a new
protocol making reference to the Convention.
HAS ADOPTED THIS DECISION:
Article 1
Protocol 3 to the Euro-Mediterranean Interim
Association Agreement on trade and cooperation between the European Community,
of the one part, and the Palestine Liberation Organization (PLO) for the
benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of
the other part, 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
date of its adoption.
It shall apply from …
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
1.         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] ('the Convention')
shall apply.
2.         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
1.         Where disputes arise in relation
to the verification procedures of Article 32 of Appendix I to the Convention that
cannot be settled between the customs authorities requesting the verification
and the customs authorities responsible for carrying out that verification,
they shall be submitted to the Joint Committee.
2.         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 European Union
or Palestine[5]
give notice in writing to the depositary of the Convention of their intention
to withdraw from the Convention according to Article 9 thereof, the European Union
and Palestine 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 European Union and Palestine only.
[1]               OJ L 187, 16.7.1997, p. 3.
[2]               OJ L 54, 26.2.2013, p. 4.
[3]               This designation shall not be
construed as recognition of a State of Palestine and is without prejudice to
the individual positions of the Member States on this issue.
[4]               OJ L 54, 26.2.2013, p. 4.
[5]               This designation shall not be
construed as recognition of a State of Palestine and is without prejudice to
the individual positions of the Member States on this issue.