Legal provisions of SEC(2004)1438 - Draft Decision of the EU-Bulgaria Association amending Protocol 4 to the Europe 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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EN 30.12.2006 Official Journal of the European Union L 410/1

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 2/2006 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 1 November 2006

amending Protocol 4 to the Europe Agreement, concerning the definition of the concept of 'originating products' and methods of administrative cooperation

(2006/1003/EC)

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 Bulgaria, of the other part1, hereinafter referred to as "the Agreement”, signed in Brussels on 8 March 1993, and in particular Article 38 of Protocol 4 thereto;

Whereas:

(1) Protocol 4 to the Agreement provides for the cumulation of origin between the Community and Bulgaria, Switzerland (including Liechtenstein), Iceland, Norway, Romania, and Turkey.
OJ L 358, 31.12.1994, p. 3.

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 Faeroe 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, in order to develop trade and promote regional integration.

(2)

(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which motivated in the exclusion of agricultural products originating in Turkey from the system of cumulation are no longer valid.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 might be applied until 31 December 2004 and therefore not need to be maintained in the Protocol after that 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 4 all the provisions in question,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 4 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.