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Decision No .../.. 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 part1, 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 recognise 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:

(a) the entry for HS heading 1904 shall be replaced by:
"1904 Prepared foods obtained by the Manufacture:
swelling or roasting of cereal or - from materials not
cereal products (for example, corn classified within heading
flakes); cereals (other than maize No 1806;
(corn)) in grain form or in the - in which all the cereals
form of flakes or other worked and flour (except durum wheat
grains (except flour and meal), and its derivatives and Zea
pre-cooked, or otherwise prepared, indurata maize) used must be
not elsewhere specified or included wholly obtained; 2
- in which the value of any
materials of Chapter 17 used
does not exceed 30% of the
ex-works price of the product";
(b) the entry for HS heading 2207 shall be replaced by:
"2207 Undenatured ethyl alcohol of an Manufacture:
alcoholic strength by volume of - from materials not classified
80% vol or higher; ethyl alcohol within heading Nos 2207 or 2208,
and other spirits, denatured, of - in which all the grapes or any
any strength material derived from grapes
used 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 floor coverings:
ter 57 - Of needleloom felt Manufacture from 3:
- 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 3:
- natural fibres not carded or
combed or otherwise processed
for spinning, or
- chemical materials or textile pulp
- Of other textile materials Manufacture from 3:
- 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";
(d) the entry for HS heading 8401 shall be replaced by:
"ex Nuclear fuel elements Manufacture in which Manufacture
8401 all the materials used are in which the
classified within a value of all
heading other than that the materials
of the product 4 does not
exceed 30%
of the ex-works
price of the
product";
(e) the following shall be inserted between the entries for HS headings Nos 9606 and 9612:
"9608 Ball-point pens; felt-tipped and Manufacture in which all
other porous-tipped pens and the materials used are
markers; fountain pens, stylograph classified within a heading
pens and other pens; duplicating other than that of the product.
stylos; propelling or sliding pencils; However, nibs or nib-points
pen-holders, pencil-holders and classified within the same
similar holders; parts (including heading may be used.
caps and clips) of the foregoing
articles, other than those of heading
No 9609 " .

Article 2

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

It shall apply from 1 January 2000.

 

Done at Brussels,

For the Association Council

The President

1 OJ L 26, 2.2.1998, p.3.

2 The exception concerning the Zea indurata maize is applicable until 31.12.2002.

3 For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5.

4 This rule shall apply until 31.12.2005.

 
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