Considerations on COM(2024)329 - EU position in the Joint Committee EU-Norway establishing the general requirements on proofs of origin issued electronically according to Article 17(4) of Appendix A to Protocol 3 to that Agreement

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table>(1)The Agreement between the European Economic Community and the Kingdom of Norway (the ‘Agreement’) was concluded by the Union by Regulation (EEC) No 1691/73 of the Council (1) and entered into force on 1 July 1973.
(2)Pursuant to Article 29 of the Agreement, the Joint Committee, established under that Article (the ‘Joint Committee’), may take decisions in the cases provided for in the Agreement.

(3)At its next meeting, the Joint Committee is to take a decision establishing the general requirements for proofs of origin issued electronically.

(4)It is appropriate to establish the position to be adopted on the Union’s behalf within the Joint Committee as the decision of the Joint Committee will have legal effects.

(5)The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. By Decision (EU) 2019/2198 (3), the Council supported the amendment of the Convention providing for a new set of modernised and more flexible rules of origin (the ‘amendment of the Convention’). The amendment of the Convention will enter into force on 1 January 2025.

(6)At the technical meeting held in Brussels on 5 February 2020, the majority of the Contracting Parties to the Convention agreed to implement an alternative set of rules of origin, based on the amendment of the Convention on a transitional, bilateral basis (the ‘Transitional rules’). The Transitional rules apply in parallel with the rules of the Convention, pending the entry into force of the amendment of the Convention.

(7)The application of the Transitional rules ensures the adaptation of the trade flows and customs practices pending the entry into force of the amendment of the Convention.

(8)Since 1 September 2021, a number of bilateral protocols on rules of origin among several Contracting Parties to the Convention (4) has entered into force, rendering the Transitional rules applicable pending the entry into force of the amendment of the Convention. As regards the Kingdom of Norway (‘Norway’), Protocol 3 to the Agreement was replaced by a new Protocol 3 by Decision No 1/2021 of the EU-Norway Joint Committee (5). The Transitional rules are set out in Appendix A to that new Protocol 3.

(9)The two main objectives of the Transitional rules are, firstly to provide for less strict rules, making it easier for goods to qualify for preferential originating status and, secondly, to enable the use of proofs of origin that have been issued electronically and/or submitted electronically.

(10)The Union and Norway have agreed to apply Article 17(4) of Appendix A to Protocol 3 to the Agreement, as regards proofs of origin issued electronically. Therefore, a framework of general requirements for proofs of origin issued electronically should be determined.

(11)The position of the Union within the Joint Committee should therefore be based on the attached draft decision,