Decision of the EEA Joint Committee No 309/2024 of 6 December 2024 amending Protocol 4 to the EEA Agreement, on rules of origin [2025/578]
Date: 2024-12-06
Institutions: EEA Joint Committee
Subjects: European Economic Area, Mediterranean region (EU), Union for the Mediterranean, international convention, originating product, protocol to an agreement, regional cooperation, revision of an agreement




L_202500578EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/578


24.4.2025







            DECISION OF THE EEA JOINT COMMITTEE No 309/2024
of 6 December 2024
         
amending Protocol 4 to the EEA Agreement, on rules of origin [2025/578]


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)


Article 9 of the EEA Agreement refers to Protocol 4 to the EEA Agreement (‘Protocol 4’), which lays down the rules of origin.












(2)


The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) aims to transpose the existing bilateral systems of rules of origin established in bilateral free trade agreements concluded among the Contracting Parties to the Convention into a multilateral framework, without prejudice to the principles laid down in those bilateral agreements.












(3)


The Union, the Principality of Liechtenstein (‘Liechtenstein’) and the Kingdom of Norway (‘Norway’) signed the Convention on 15 June 2011 and Iceland signed the Convention on 30 June 2011.












(4)


Norway, Liechtenstein, Iceland and the Union each deposited their instrument of acceptance with the depositary of the Convention on 9 November 2011, 28 November 2011, 12 March 2012 and 26 March 2012, respectively. Consequently, and in accordance with Article 10(3) of the Convention, the Convention entered into force on 1 January 2012 as regards Liechtenstein and Norway, and on 1 May 2012 as regards the Union and Iceland.












(5)


Decision of the EEA Council No 1/95 (2) lays down the rules for the application of Protocol 4 to the EEA Agreement to Liechtenstein.












(6)


The Convention was amended by Decision No 1/2023 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean Preferential Rules of Origin of 7 December 2023 (3) (the ‘amendment of the Convention’). The amendment of the Convention enters into force on 1 January 2025 in relation to all Contracting Parties.












(7)


Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied.












(8)


Protocol 4 should therefore be replaced by a new protocol which includes a dynamic reference to the Convention, so as to always refer to the latest version of the Convention in force.












(9)


Apart from the inclusion of a dynamic reference to the Convention, the provisions of Protocol 4 that are specific to the EEA, such as EEA Origin, should be maintained in the new protocol, and the joint declarations, which should remain unchanged, should also be maintained.












(10)


Protocol 4 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2025,





HAS ADOPTED THIS DECISION:



Article 1
Articles 1 to 39 of, and the Annexes to, Protocol 4 to the Agreement on the European Economic Area (the ‘EEA Agreement’), as well as the joint declarations concerning Protocol 4 to the EEA Agreement, are replaced by the text set out in the Annex to this Decision.


Article 2
For the purposes of the application of this Decision, proofs of origin may be issued retrospectively for exports performed between 1 January 2025 and the date of entry into force of this Decision.


Article 3
This Decision shall enter into force once all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
It shall apply from 1 January 2025.


Article 4
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, 6 December 2024.


For the EEA Joint Committee


The President

Anders H. EIDE
            





(1)  
            OJ L 54, 26.2.2013, p. 4.

(2)  Decision of the EEA Council No 1/95 of 10 March 1995 on the entry into force of the Agreement on the European Economic Area for the Principality of Liechtenstein (OJ L 86, 20.4.1995, p. 58).

(3)  Decision No 1/2023 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin of 7 December 2023 on the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L, 2024/390, 19.2.2024, ELI: http://data.europa.eu/eli/dec/2024/390/oj).

(*1)  No constitutional requirements indicated.




ANNEX



PROTOCOL 4
ON RULES OF ORIGIN








Article 1

Rules of origin


1.   For the purpose of implementing the EEA Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’), as last amended and published in the Official Journal of the European Union, shall apply and are hereby incorporated into and made part of the EEA Agreement, mutatis mutandis.


2.   All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Convention shall be construed so as to mean the EEA Agreement.



Article 2

Specific provisions for the European Economic Area


1.   For the purpose of implementing the EEA Agreement, the following products shall be considered as originating in the EEA:






(a)


products wholly obtained in the EEA;










(b)


products obtained in the EEA incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the EEA.




For the purpose of EEA origin, the territories of the Contracting Parties to the EEA Agreement to which the Agreement applies shall be considered as a single territory.


2.   Notwithstanding paragraph 1, the territory of the Principality of Liechtenstein shall be excluded from that of the EEA, for the purpose of determining the origin of the products referred to in Tables I and II of Protocol 3 and such products shall be considered to be originating in the EEA only if they have been either wholly obtained or sufficiently worked or processed in the territories of the other Contracting Parties (2).


3.   Notwithstanding the definition of ‘territory’ in Appendix I to the Convention, ‘territory’ includes the land territory, internal waters and the territorial sea of the Contracting Parties to the EEA Agreement to which the EEA Agreement applies.


4.   For the purpose of implementing the EEA Agreement, the term ‘EEA’ shall not cover Ceuta and Melilla. For the purposes of applying Protocol 49 to the EEA Agreement concerning products originating in Ceuta and Melilla, this protocol shall apply mutatis mutandis subject to the special conditions set out in Annex V of the Convention.



Article 3

Additional cumulation provisions


1.   The Contracting Parties agree to extend the application of Article 7(3) of the Convention on importation of products falling within Chapters 50 to 63.


2.   The Contracting Parties to the EEA Agreement agree to waive the obligation to include in the proof of origin the statement referred to in Article 8(3) of the Convention ‘CUMULATION APPLIED WITH (name of the country/countries in English)’.








JOINT DECLARATION
concerning the acceptance of proofs of origin issued within the framework of the agreements referred to in Article 7 of the Convention for products originating in the European Union, Iceland or Norway


1.   

Proofs of origin issued within the framework of the agreements referred to in Article 7 of Appendix I to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin for products originating in the European Union, Iceland or Norway shall be accepted for the purpose of granting preferential tariff treatment provided for by the EEA Agreement.



2.   

Such products shall be considered as materials originating in the EEA when incorporated into a product obtained there. It shall not be necessary for such materials to have undergone sufficient working or processing.



3.   

Furthermore, in so far as such products are covered by the EEA Agreement they shall be considered as originating in the EEA when re-exported to another EEA Contracting Party.







JOINT DECLARATION
concerning the Principality of Andorra


1.   

Products originating in the Principality of Andorra falling within Chapters 25 to 97 of the Harmonised System shall be accepted by Iceland, Liechtenstein and Norway as originating in the European Union within the meaning of the Agreement.



2.   

Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.







JOINT DECLARATION
concerning the Republic of San Marino


1.   

Products originating in the Republic of San Marino shall be accepted by Iceland, Liechtenstein and Norway as originating in the European Union within the meaning of the Agreement.



2.   

Protocol 4 shall apply, mutatis mutandis, for the purpose of defining the originating status of the abovementioned products.







JOINT DECLARATION
concerning the withdrawal of a Contracting Party from the Regional Convention on pan-Euro-Mediterranean preferential rules of origin


1.   

Should a Contracting Party to the EEA Agreement give notice in writing to the depositary of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin of their intention to withdraw from the Convention according to its Article 9, the withdrawing Contracting Party shall immediately enter into negotiations on rules of origin with all other EEA Contracting Parties 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 Regional Convention on pan-Euro-Mediterranean preferential rules of origin, applicable at the moment of withdrawal, shall apply mutatis mutandis between the withdrawing Contracting Party and the other EEA Contracting Parties. 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 withdrawing Contracting Party and the other EEA Contracting Parties only.






(1)  
            OJ L 54, 26.2.2013, p. 4.

(2)  
            OJ L 86, 20.4.1995, p. 58.



ELI: http://data.europa.eu/eli/dec/2025/578/oj
ISSN 1977-0677 (electronic edition)