Legal provisions of SEC(2004)1439 - Draft Decision of the EC-Switzerland Joint Committee amending Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation - Draft common position of the EC -

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15.2.2006   ENOfficial Journal of the European UnionL 45/1



DECISION No 3/2005 OF THE EC-SWITZERLAND JOINT COMMITTEE

of 15 December 2005

amending Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(2006/81/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation, hereinafter referred to as ‘the Agreement’, signed in Brussels on 22 July 1972, and in particular Article 38 of Protocol 3 thereto,

Whereas:

(1)Protocol 3 to the Agreement provides for the cumulation of origin between the Community and Switzerland (including Liechtenstein), Bulgaria, Iceland, Norway, Romania and Turkey.

(2)The extension of the system of cumulation is desirable making it possible to use materials originating in the Community, Bulgaria, Romania, Iceland, Norway, Switzerland (including Liechtenstein), the Faroe Islands, Turkey or in any other country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995 (1), in order to develop trade and promote regional integration.

(3)For the purposes of implementing the extended system of cumulation only between the countries which have fulfilled the necessary conditions and in order to avoid circumvention of customs duties, it is necessary to introduce new provisions concerning certification of origin.

(4)Goods in transit or storage on the day on which this Decision becomes applicable should be covered by transitional provisions allowing them to benefit from the extended system of cumulation.

(5)The reasons which motivated the exclusion of agricultural products originating in Turkey from the system of diagonal cumulation are no longer valid.

(6)The Joint Declaration concerning the review of the changes to the origin rules as a result of the amendments to the Harmonised System may be applied until 31 December 2004 and therefore does not need to be maintained in Protocol 3 after this date.

(7)Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

(8)It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitating the work of users and customs administrations, to incorporate in a new text of Protocol 3 all the provisions in question,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on the day of its adoption.

It shall apply from the first day of the month following the day of its adoption.