CELEX: 51998PC0077
Language: en
Date: 1998-02-16
Title: Proposal for a Council Decision on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, signed on 12 June 1995, with regard to the adoption of the modifications to Protocol 3 of the Europe Agreement included in Joint Committee Decision No 1/97 of 20 March 1997 under the Agreement on Free Trade and Trade Related Matters between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, signed on 18 July 1994

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 16.02.1998
                                                  COM(1998) 77 final
                                                  98/0061 (ACC)
                                   Proposal for a
                              COUNCIL DECISION
 on the position to be taken by the Community within the Association Council
established by the Europe Agreement between the European Communities and
 their Member States, of the one part, and the Republic of Latvia, of the other
part, signed on 12 June 1995, with regard to the adoption of the modifications to
 Protocol 3 of the Europe Agreement included in Joint Committee Decision N°
1/97 of 20 March 1997 under the Agreement on Free Trade and Trade Related
 Matters between the European Communities and their Member States, of the
 one part, and the Republic of Latvia, of the other part, signed on 18 July 1994
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                         EXPLANATORY MEMORANDUM
1. The Europe Agreement establishing an association between the European
   Communities and their Member States, of the one part, and the Republic of Latvia,
   of the other part, has been signed on 12 June 1995. Following completion of all
   ratification procedures, the Europe Agreement with Latvia will enter into force on
   1 February 1998.
   The Association Council, established by Article 110 of the Europe Agreement,
   shall adopt at its first meeting, as provided for in Article 131 of the Europe
   Agreement, all the modifications to this Agreement - in particular to the protocols
   and annexes- necessary to align it with changes to the Agreement on Free Trade
   and Trade Related Matters decided by the Joint Committee, between the signature
   and the entry into force of the Europe Agreement.
   It is proposed that Decision N° 1/97 of the Joint Committee of 20 March 1997
   (entered into force on 1 April 1997), amending Protocol 3 on rules of origin
   (mainly the definition of the concept of "originating products" and methods of
   administrative cooperation) of the Agreement on Free Trade between the European
   Communities and Latvia be adopted at the first meeting of the Association
   Council, so as to align the Europe Agreement with the changes made to the Free
   Trade Agreement between the signature and entry into force of the Europe
   Agreement.
2. It is therefore proposed that the Council approves the attached proposal for a
   Council decision.
                                          T_
 ---pagebreak---                             Proposal for a Council Decision
  on the position to be taken by the Community within the Association Council
 established by the Europe Agreement between the European Communities and
  their Member States, of the one part, and the Republic of Latvia, of the other
 part, signed on 12 June 1995, with regard to the adoption of the modifications to
  Protocol 3 of the Europe Agreement included in Joint Committee Decision N°
  1/97 of 20 March 1997 under the Agreement on Free Trade and Trade Related
  Matters between the European Communities and their Member States, of the
  one part, and the Republic of Latvia, of the other part, signed on 18 July 1994
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 in connection with Article 228 (2), first sentence,
Having regard to the Commission proposal,
Having regard to the Council and Commission Decision of 22 December 1997 on the
conclusion of the Europe Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Republic of
Latvia, of the other part, and in particular Article 2(1) thereof,
Whereas Article 110 of the Europe Agreement establishes an Association Council,
Whereas Article 131 of the said Agreement provides that the Association Council
shall adopt at its first meeting all the modifications to this Agreement- in particular to
the protocols and annexes- necessary to align it with changes to the Agreement on
Free Trade and Trade Related Matters decided by the Joint Committee between the
signature and entry into force of the said Agreement,
HAS DECIDED AS FOLLOWS:
The position to be adopted by the Community within the Association Council
established by Article 110 of the Europe Agreement, signed on 12 June 1995,
establishing an association between the European Communities and their Member
States, of the one part, and the Republic of Latvia, of the other part, with regard to the
adoption of the modifications to Protocol 3 of the Europe Agreement included in Joint
Committee Decision N° 1/97 of 20 March 1997 under the Agreement on Free Trade
and Trade Related Matters between the European Communities and Latvia, shall be
based on the Association Council draft decision, annexed to the present Decision.
Done at Brussels on,
                                                                      For the Council,
                                                                       The President
 ---pagebreak---                  DRAFT DECISION No 2/98 OF THE ASSOCIATION COUNCIL
         between the European Communities and their Member States, of the one part,
                               and the Republic of Latvia, of the other part
                                               of       1998
   adopting modifications to Protocol 3 of the Europe Agreement, signed on 12 June 1995,
  included in Joint Committee Decision N° 1/97 of 20 March 1997 under the Agreement on
Free Trade and Trade Related Matters between the European Communities and their Member
                  States, of the one part, and the Republic of Latvia, of the other part,
THE ASSOCIATION COUNCIL,
Having regard to the Europe Agreement establishing an Association between the European
Communities and their Member States, of the one part, and the Republic of Latvia, of the
other part, signed on 12 June 1995, and in particular Articles 110 and 131 thereof,
Whereas pursuant to Article 131 of the Europe Agreement, the Association Council shall
adopt at its first meeting all the modifications to this Agreement- in particular to the
protocols and annexes- necessary to align it with changes to the Agreement on Free Trade
and Trade Related Matters decided by the Joint Committee between the signature and entry
into force of the said Agreement,
HAS DECIDED AS FOLLOWS:
                                                  Article 1
The Association Council decides to modify Protocol 3 on Rules of Origin annexed to the
Europe Agreement, signed on 12 June 1995, establishing an association between the
European Communities and their Member States, of the one part, and the Republic of Latvia,
of the other part, in accordance with the Joint Committee Decision N° 1/97 of the Joint
Committee of 20 March 1997 (together with relevant joint declarations) under the Free Trade
Agreement and Trade Related Matters between the European Communities and their
Member States, of the one part, and the Republic of Latvia, of the other part.
                                                  Article 2
The Decision shall be published in the Official Journal of the European Communities and
Latvijas Vestnesis (Latvian Official Journal)
                                                  Article 3
The Decision shall enter into force on the day of its adoption.
Done at Brussels on,
                                                                    For the Association Council
                                                                         ThePresident(s)
  O J N ° L l l l of 28 April 1997
                                                  V
 ---pagebreak---                                                                                ANNEX
DECISION No 1/97 OF THE JOINT COMMITTEE, BETWEEN THE EUROPEAN
  COMMUNITIES, OF THE ONE PART, AND THE REPUBLIC OF LATVIA, OF
                                  THE OTHER PART
                                    of 20 March 1997
amending Protocol 3 to the Agreement on free trade and trade-related matters between
      the European Community, the European Atomic Energy Community and the
 European Coal and Steel Community, of the one part, and the Republic of Latvia, of
                                      the other part
                              (97/268/ECSC, EC, Euratom)
THE JOINT COMMITTEE,
Having regard to the Agreement on free trade and trade-related matters between the
European Community, the European Atomic Energy Community and the European
Coal and Steel Community, of the one part, and the Republic of Latvia, of the other
part, signed in Brussels on 18 July 1994, and in particular Article 36 of Protocol 3
thereof,
Whereas an extended system of cumulation is desirable making possible the use of
materials originating in the European Community, Poland, Hungary, the Czech
Republic, the Slovak Republic, Bulgaria, Romania, Lithuania, Slovenia, Estonia,
Latvia, the European Economic Area, Iceland, Norway or Switzerland, in order to
facilitate trade and improve the effectiveness of the Agreement; whereas
modifications to the definition of the concept of originating products are required;
Whereas, in order for the Agreement to apply to goods originating in Andorra or San
Marino, it is necessary to provide for such a possibility by way of a Joint Declaration
on Protocol 3;
Whereas for the purposes of implementing the extended system of cumulation and in
order to avoid circumvention of customs duties, it is necessary to introduce new
provisions into Protocol 3 concerning the prohibition of drawback of, or exemption
from, customs duties;
Whereas in order to further facilitate trade and to simplify administrative burdens, it is
necessary to amend the processing requirements laid down in the Protocol for non-
originating materials to obtain originating status and the provisions concerning proof
of origin;
                                           <r
 ---pagebreak--- Whereas, certain processing requirements for non-originating materials to obtain
originating status need to be amended to take account of the evolution of processing
techniques; whereas, in the light of experience, the presentation of the list of
processing rules could be improved by extending it to cover all headings of the
Harmonized System (HS); whereas, technical modifications of these processing rules
are required to take account of modifications to the HS which take effect from 1
January 1996;
Whereas, it is therefore appropriate for the proper functioning of the Agreement to
incorporate in a single text all the provisions in question with a view to facilitating the
work of users and customs administrations,
HAS DECIDED AS FOLLOWS:
                                          Article 1
Protocol 3 shall be replaced by the text attached hereto, together with the relevant
Joint Declarations.
                                          Article 2
This Decision shall enter into force on 1 April 1997.
Done at Brussels, 20 March 1997.
                                  For the Joint Committee
                                       The Chairmen
For the Community                                                     For Latvia
S. BROUWER                                                            A. KIRSTEINS
                                             Q
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(98) 77 final
                                             DOCUMENTS
EN                                                             11 02 01 06
                                    Catalogue number : CB-CO-98-079-EN-C
                                                              ISBN 92-78-31020-4
Office for Official Publications of the European Communities
L-2985 Luxembourg
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