Council Decision (EU) 2024/3222 of 12 December 2024 on the position to be adopted on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, as regards the amendment of that Agreement by replacing Protocol No 6 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
Date: 2024-12-12
Institutions: Council of the European Union
Subjects: Algeria, Association Council (EU), Mediterranean region (EU), Union for the Mediterranean, administrative cooperation, association agreement (EU), originating product, protocol to an agreement, revision of an agreement








L_202403222EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/3222


23.12.2024







            COUNCIL DECISION (EU) 2024/3222
         
of 12 December 2024
         
on the position to be adopted on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, as regards the amendment of that Agreement by replacing Protocol No 6 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1) (the ‘Agreement’), was concluded by the Union by means of Council Decision 2005/690/EC (2) and entered into force on 1 September 2005.












(2)


Protocol No 6 to the Agreement (‘Protocol No 6’) defines the concept of ‘originating products’ and lays down methods of administrative cooperation. Pursuant to Article 39 of Protocol No 6, the Association Council established by Article 92 of the Agreement (the ‘Association Council’) may decide to amend the provisions of Protocol No 6.












(3)


At its next meeting, or by an Exchange of Letters, the Association Council is to adopt a decision amending Protocol No 6.












(4)


It is appropriate to establish the position to be adopted on the Union’s behalf within the Association Council, as the decision of the Association Council will have legal effects.












(5)


The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by Council Decision 2013/94/EU (3) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention (the ‘Contracting Parties’), which apply without prejudice to the principles laid down in those bilateral agreements.












(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 (4) (the ‘amendment of the Convention’).












(7)


The amendment of the Convention enters into force on 1 January 2025 in relation to all Contracting Parties.












(8)


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 Association Council is to take a decision replacing Protocol No 6 with a new protocol which includes a dynamic reference to the Convention, so as to refer always to the latest version of the Convention in force. In the absence of such a reference, the effective application of the amendment of the Convention would not be ensured, which could affect the system of diagonal cumulation under the Convention.












(9)


The position of the Union within the Association Council should therefore be based on the attached draft decision,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted on the Union’s behalf within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (the ‘Agreement’), at its next meeting, as regards the amendment of the Agreement by replacing Protocol No 6 thereto by a new protocol which includes a dynamic reference to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Association Council attached to this Decision.


Article 2
This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2025.




Done at Brussels, 12 December 2024.


For the Council


The President


               PINTÉR S.





(1)  
            OJ L 265, 10.10.2005, p. 2.

(2)  Council Decision 2005/690/EC of 18 July 2005 on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (OJ L 265, 10.10.2005, p. 1).

(3)  Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3).

(4)  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 [2024/390] (OJ L, 2024/390, 19.2.2024, ELI: http://data.europa.eu/eli/dec/2024/390/oj).


ELI: http://data.europa.eu/eli/dec/2024/3222/oj
ISSN 1977-0677 (electronic edition)