Decision of the EEA Joint Committee No 70/2015 of 20 March 2015 amending Protocol 4 (rules of origin) to the EEA Agreement [2016/753]
Date: 2015-03-20
Institutions: EEA Joint Committee
Subjects: Croatia, European Economic Area, accession to an agreement, accession to the European Union, certificate of origin, protocol to an agreement, revision of an agreement




L_2016129EN.01005401.xml










19.5.2016   


EN


Official Journal of the European Union


L 129/54








            DECISION OF THE EEA JOINT COMMITTEE
         
No 70/2015
of 20 March 2015
         
amending Protocol 4 (rules of origin) to the EEA Agreement [2016/753]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Protocol 4 to the EEA Agreement concerns the rules of origin.












(2)


The Republic of Croatia acceded to the European Union on 1 July 2013.












(3)


Following successful conclusion of the European Union enlargement negotiations, the Republic of Croatia submitted an application to become party to the EEA Agreement.












(4)


The Agreement on the participation of the Republic of Croatia in the European Economic Area (‘EEA Enlargement Agreement’) (1) was initialled on 20 December 2013.












(5)


The EEA Enlargement Agreement was signed on 11 April 2014 and has been applicable on a provisional basis since 12 April 2014.












(6)


Certain transitional arrangements concerning the application of the rules of origin after the provisional application of the EEA Enlargement Agreement need to be reflected in the EEA Agreement,





HAS ADOPTED THIS DECISION:



Article 1
Protocol 4 to the EEA Agreement is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the day of its adoption, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
It shall apply from 1 July 2013.


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, 20 March 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 170, 11.6.2014, p. 5.

(*1)  No constitutional requirements indicated.




ANNEX
In Protocol 4 to the EEA Agreement, the following is added after Article 40:


‘Article 41
Transitional arrangements regarding the accession of the Republic of Croatia to the European Union

1.   Proof of origin properly issued by an EFTA State or the Republic of Croatia or made out in the framework of a preferential agreement applied between the EFTA States and the Republic of Croatia shall be considered being proof of EEA preferential origin, provided that:






(a)


the proof of origin and the transport documents were issued or made out no later than the day before the date of accession of the Republic of Croatia to the European Union; and










(b)


the proof of origin is submitted to the customs authorities within the period of four months from the date of accession of the Republic of Croatia to the European Union.




Where goods were declared for importation from an EFTA State or the Republic of Croatia in, respectively, the Republic of Croatia or an EFTA State prior to the date of accession of the Republic of Croatia to the European Union, under preferential agreements applied between an EFTA State and the Republic of Croatia at that time, proof of origin issued retrospectively under those agreements may also be accepted in the EFTA States or the Republic of Croatia provided that it is submitted to the customs authorities within the period of four months from the date of accession of the Republic of Croatia to the European Union.


2.   The EFTA States, on the one hand, and the Republic of Croatia, on the other hand, are authorised to retain the authorisations with which the status of “approved exporters” has been granted in the framework of agreements concluded between the EFTA States, on the one hand, and the Republic of Croatia, on the other hand, provided that the approved exporters apply the rules of origin of this Protocol.
The EFTA States, on the one hand, and Croatia, on the other, shall, no later than one year after the date of accession of the Republic of Croatia to the European Union, consider the necessity of replacing such authorisations by new authorisations issued in accordance with this Protocol.


3.   Requests for subsequent verification of proof of origin issued or made out under the preferential agreements referred to in paragraphs 1 and 2 shall be accepted by the competent customs authorities of the EFTA States and the Republic of Croatia for a period of three years after the issue or making out of the proof of origin concerned and may be made by those authorities for a period of three years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.


4.   The provisions of the Agreement may be applied to goods exported from either the Republic of Croatia to the EFTA States or from the EFTA States to the Republic of Croatia, which comply with the provisions of this Protocol and that on the date of accession of the Republic of Croatia to the European Union are either in transit or in temporary storage in a customs warehouse or in a free zone in an EFTA State or in the Republic of Croatia.


5.   Preferential treatment may be granted in cases as referred to in paragraph 4, subject to the submission to the customs authorities of the importing country, within four months from the date of accession of the Republic of Croatia to the European Union, of a proof of origin issued retrospectively by the customs authorities of the exporting country.’