Additional Protocol between the Republic of Latvia and the Republic of Turkey on Amendments to the Protocol C concerning the definition of the concept of "originating products" and methods of administrative cooperation to the Free Trade Agreement between the Republic of Latvia and the the Republic of Turkey

The Republic of Latvia (hereinafter called Latvia) and the Republic of Turkey (hereinafter called Turkey);

Having regard to the Free Trade Agreement between the Republic of Latvia, of the one part, and the Republic of Turkey, of the other part, signed in Ankara on 16 June 1998 and particulary Articles 34, 35 thereof;

Whereas the definition of the term "'originating products" needs to be amended to ensure the proper operation of the extended system of the cumulation which permits the use of materials originating in Latvia, Turkey, Romania, the European Community, Poland, Hungary, the Czech Republic, the Slovak Republic, Bulgaria, Lithuania, Estonia, Slovenia, Iceland, Norway and Switzerland (including Liechtenstein);

Whereas to facilitate trade and simplify administrative tasks it would be desirable to amend the wording of Articles 3, 4, 12, 15, 21, 26 and 30;

Whereas it would seem advisable to revise the Articles concerning the amounts in order to fully take into consideration the entry into force of the euro,

Whereas, to take account of changes in processing techniques and shortages of certain raw materials, some corrections must be made to the list of working and processing requirements which non-originating materials have to fulfil in order to qualify for originating status,

HAVE DECIDED AS FOLLOWS:

Article 1

Protocol C concerning the definition of the concept of "originating products" and methods of administrative cooperation is hereby amended as follows:

1. Article 1 (i) shall be replaced by:

" (i) 'added value' shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in Latvia or Turkey."

2. Articles 3 and 4 shall be replaced by the following:

" Article 3

Cumulation in Latvia

1. Without prejudice to the provisions of Article 2 paragraph 2, products shall be considered as originating in Latvia if such products are obtained there, incorporating materials originating in Latvia, Turkey, Romania, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Lithuania, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein)1 or the European Community2, in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Latvia and each of these countries, provided that the working or processing carried out in Latvia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.

2. Where the working or processing carried out in Latvia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Latvia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph l. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Latvia.

3. Products, originating in one of the countries referred to in paragraph l, which do not undergo any working or processing in Latvia, retain their origin if exported into one of these countries.

4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.

1 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area,

2 Cumulation as provided for in this Article does not apply to materials originating in the European Community which are mentioned in the list at Annex V to this Protocol.

Article 4

Cumulation in Turkey

1. Without prejudice to the provisions of Article 2 paragraph 1, products shall be considered as originating in Turkey if such products are obtained there, incorporating materials originating in Turkey, Latvia, Romania, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Lithuania, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein)1 or the European Community2, in accordance with the provisions of the Protocol on rules of origin annexed to the Agreement between Turkey and each of these countries, provided that the working or processing carried out in Turkey goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.

2. Where the working or processing carried out in Turkey does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Turkey only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to, in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Turkey.

3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Turkey, retain their origin if exported into one of these countries.

4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol."

1 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area,

2 Cumulation as provided for in this Article does not apply to materials originating in the European Community which are mentioned in the list at Annex V to this Protocol.

3. Article 12 shall be replaced by the following:

" Article 12

Principle territoriality

1. Except as provided for in Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must continue to be fulfilled at all times in Latvia or Turkey.

2. Except as provided for in Articles 3 and 4, where originating goods exported from Latvia or Turkey to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:

(a) the returning goods are the same those that were exported; and

(b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.

3. The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside Latvia or Turkey on materials exported from Latvia or Turkey and subsequently reimported there, provided:

(a) the said materials are wholly obtained in Latvia or Turkey or have undergone working or processing beyond the insufficient operations listed in Article 7 prior to being exported; and

(b) it can be demonstrated to the satisfaction of the customs authorities that:

i) the reimported goods have been obtained by working or processing the exported materials; and

ii) the total added value acquired outside Latvia or Turkey by applying the provisions of this Article does not exceed 10% of the ex-works price of the end product for which originating status is claimed.

4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside Latvia or Turkey. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside Latvia or Turkey by applying the provisions of this Article, shall not exceed the stated percentage.

5. For the purposes of applying the provisions of paragraphs 3 and 4, "total added value" shall be taken to mean all costs arising outside Latvia or Turkey, including the value of the materials incorporated there.

6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general values fixed it Article 6(2) are applied.

7. The provisions of paragraphs 3 and 4 shall not apply to products coming under Chapters 50 to 63 of the Harmonised System.

8. Any working or processing of the kind covered by the provisions of this Article and done outside Latvia or Turkey shall be done under the outward processing arrangements, or similar arrangements."

4. In Articles 13, 14, 15, 17, 21, 27, 30 and 32 the phrase "referred to in Article 4" shall be replaced by "referred to in Articles 3 and 4".

5. In Article 15 following paragraph shall be added:

"6. Notwithstanding paragraph 1, the Parties may apply arrangements for drawback of, or exemption from, customs duties or charges having equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provisions:

(a) a 5 per cent rate of customs charge shall be retained in respect of products falling within chapters 25 to 49 and 64 to 97 of the Harmonised System, or such lower rate as in force in Latvia or Turkey.

(b) a 10 per cent rate of customs charge shall be retained in respect of products falling within chapters 50 to 63 of the Harmonised System, or such lower rate as in Latvia or Turkey.

The provisions of this paragraph shall apply until 31 December 2000 and may be reviewed by common accord."

6. In Articles 21 and 26 the word "ECUs" shall be replaced by "euro"

7. Article 30 shall be replaced by the following:

" Article 30

Amounts expressed in euro

1. Amounts in the national currency of the exporting country equivalent to the amounts expressed in euro shall be fixed by the exporting country and communicated to the importing country.

2. When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of another country referred to in Articles 3 and 4, the importing country shall recognize the amount notified by the country concerned.

3. The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day in October 1999.

4. The amounts expressed in euro and their equivalents in the national currencies of Latvia and Turkey shall be reviewed by the Joint Committee at the request of Latvia or Turkey. When carrying out this review, the Joint Committee shall ensure that there will be no decrease in the amounts to be used in any national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro."

8. In Article 26(l) the terms "C2/CP3"' shall be replaced by "CN22/CN23".

9. In Annex I, Note 5.2:

(a) between the indents

"- artificial man-made filaments" and

"- synthetic man-made staple fibres of polypropylene",

the following shall be inserted:

"- current conducting filaments";

(b) the fifth Example ("A carpet with tufts ... are met.") shall be deleted.

10. Annex II shall be amended as follows:

(a) the entry for HS heading 1904 shall be replaced by:

11. The following Annex shall be added:

" Annex V

List of products originating

in the European Community

to which the provisions of Articles 3 and 4

do not apply, listed in the order

of HS Chapters and Headings

Chapter 1

Chapter 2

Chapter 3

0401 to 0402

ex 0403 - Buttermilk, curdled milk and cream, yoghurt, kephir, and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter.

0404 to 0410

0504

0511

Chapter 6

0701 to 0709

ex 0710 - Vegetables, except sweetcorn of heading No 0710 4000 (uncooked or cooked by steaming or boiling in water), frozen

ex 0711 - Vegetables, except sweet corn of heading No 0711 90 30, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

0712 to 0714

Chapter 8

ex Chapter 9 - Coffee, tea, and spices, excluding mate of heading 0903

Chapter 10

Chapter 11

Chapter 12

ex 1302 - Pectic substances, pectinates and pectates

1501 to 1514

ex 1515 - Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their fractions , whether or not refined, but not chemically modified

ex 1516 - Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter - esterified, re - esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as 'opal-wax'

ex 1517 and

ex 1518 - Margarines, imitation lard and other prepared edible fats

ex 1522 - Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras

Chapter 16

1701

ex 1702 - Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel excluding that of heading Nos 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10

1703

1801 and 1802

ex 1902 - Pasta, stuffed, containing more than 20% by weight of fish, crustaceans, molluses or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds

ex 2001 - Cucumbers and gherkins, onions, mango chutney, fruit of the genus Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid

2002 and 2003

ex 2004 - Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006, excluding potatoes in the form of flour, meal or flakes, and sweet corn

ex 2005 - Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No 2006, excluding potatoes in the form of flour, meal or flakes, and sweetcorn

2006 and 2007

ex 2008 - Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants

2009

ex 2106 - Flavoured and coloured sugars, syrups

2204

2206

ex 2207 - Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher obtained from agricultural produce listed here

ex 2208 - Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol obtained from agricultural produce listed here

2209

Chapter 23

2401

4501

5301 and 5302"

Article 2

This Protocol shall enter into force on the first day of the following month after the last notification of the Party that its internal legal procedures related to entering into force of the Protocol have been completed.

Done at Riga this 7 day of March 2001 in two authentic copies in the English language.

The Representative The Representative

of the Republic of the Republic

of Latvia of Turkey

Kaspars Gerhards Baki Alkaēar

State Secretary Director General

Ministry of Economy General Directorate

of EU Affairs

of Undersecretariat

for Foreign Trade