Decision No 1/2000 Of The EU-Latvia Association Council of amending Protocol 3 on the definition of the concept of "originating products" and methods of administrative cooperation to the EU-Latvia Europe Agreement
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 in Luxembourg on 12 June 1995 and in particular Article 38 of Protocol 3 thereof,
Whereas:
(1) The definition of the term "originating products" needs to be amended to ensure the proper operation of the extended system of cumulation which permits the use of materials originating in the European Community, Poland, Hungary, the Czech Republic, the Slovak Republic, Bulgaria, Romania, Latvia, Lithuania, Estonia, Slovenia, Turkey, the European Economic Area, Iceland, Norway and Switzerland;
(2) It would seem advisable to revise the Articles concerning the amounts in order fully to take into consideration the entry into force of the euro;
(3) To take account of changes in processing techniques and shortages of certain raw materials, some corrections should be made to the list of working and processing requirements which non-originating materials have to fulfil to qualify for originating status;
(4) Protocol 3 should therefore be amended,
HAS DECIDED AS FOLLOWS:
Article 1
Protocol 3 on the definition of the concept of "originating products" and methods of administrative cooperation is hereby amended as follows:
1) in Articles 21 and 26 the word "Ecu" shall be replaced by "euro";
2) 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 countries through the European Commission.
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 EC Member States or 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 of October 1999.
4. The amounts expressed in euro and their equivalents in the national currencies of Member States and Latvia shall be reviewed by the Association Committee at the request of the Community or Latvia. When carrying out this review, the Association Committee shall ensure that there will be no decrease in the amounts to be used in 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.";
3) Annex II shall be amended as follows:
Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 January 2000.
Done at Brussels, 26 January 2000 For the Association Council
The President
J.Gama
* OJ L 26, 2.2.1998, p. 3.
(a) the entry for HS heading 1904 shall be replaced by: | |||
"1904 | Prepared foods obtained | Manufacture: | |
by the swelling or roasting | - from materials not classified | ||
of cereal or cereal products | within heading No 1806; | ||
(for example, corn flakes); | - in which all the cereals and flour | ||
cereals (other than maize | (except durum wheat and its | ||
(corn)) in grain form or | derivatives and Zea indurata maize) | ||
in the form of flakes or | used must be wholly obtained; 1 | ||
other worked grains | - in which the value of any materials | ||
(except flour and meal), | of Chapter 17 used does not exceed | ||
pre-cooked, or otherwise | 30% of the ex-works price of the | ||
prepared, not elsewhere | product | ||
specified or included | |||
1 The exception concerning the Zea indurata maize is applicable until 31.12.2002."; | |||
(b) the entry for HS heading 2207 shall be replaced by: | |||
"2207 | Undenatured ethyl alcohol | Manufacture: | |
of an alcoholic strength | - from materials not classified | ||
by volume of 80% vol or | within heading Nos 2207 or 2208, | ||
higher; ethyl alcohol and | - in which all the grapes or any | ||
other spirits, denatured, | material derived from grapes used | ||
of any strength | must be wholly obtained or if all | ||
the other materials used are already | |||
originating, arrack may be used up | |||
to a limit of 5% by volume"; | |||
(c) the entry for HS Chapter 57 shall be replaced by: | |||
"Chap- | Carpets and other textile | ||
ter 57 | floor coverings: | ||
- Of needleloom felt | Manufacture from 1: | ||
- natural fibres | |||
or | |||
- chemical materials or textile pulp | |||
However: | |||
- polypropylene filament of heading | |||
No 5402, or | |||
- polypropylene fibres of heading | |||
Nos 5503 or 5506, or | |||
- polypropylene filament tow of | |||
heading No 5501, of which the | |||
denomination in all cases of a single | |||
filament or fibre is less than 9 decitex, | |||
may be used provided their value | |||
does not exceed 40% of the ex-works | |||
price of the product | |||
Jute fabric may be used as backing | |||
- Of other felt | Manufacture from 1: | ||
- natural fibres not carded or combed | |||
or otherwise processed for spinning, | |||
or | |||
- chemical materials or textile pulp | |||
- Of other textile | Manufacture from 1: | ||
materials | - coir or jute yarn, | ||
- synthetic or artificial filament yarn, | |||
- natural fibres, or | |||
- man-made staple fibres not carded or | |||
combed or otherwise processed for spinning | |||
Jute fabric may be used as backing | |||
1 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5."; | |||
(d) the entry for HS heading 8401 shall be replaced by: | |||
"ex | Nuclear fuel elements | Manufacture in which all | Manufacture in which |
8401 | the materials used are | the value of all the | |
classified within a | materials does not | ||
heading other than that | exceed 30% of the | ||
of the product 1 | ex-works price of the | ||
product | |||
1 This rule shall apply until 31.12.2005."; | |||
(e) the following shall be inserted between the entries for HS headings Nos 9606 and 9612: | |||
"9608 | Ball-point pens; felt-tipped | Manufacture in which all the | |
and other porous-tipped | materials used are classified | ||
pens and markers; fountain | within a heading other than that | ||
pens, stylograph pens and | of the product. However, nibs | ||
other pens; duplicating | or nib-points classified within | ||
stylos; propelling or | the same heading may be used. | ||
sliding pencils; pen- | |||
holders, pencil-holders | |||
and similar holders; parts | |||
(including caps and clips) | |||
of the foregoing articles, | |||
other than those of heading | |||
No 9609". |