15.6.2011 Official Journal of the European Union L 156(7 ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS DECISION No 1/2011 OF THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL of 5 May 2011 amending Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (2011/340/EV) THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL, Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part () (hereinafter referred to as ‘the Agreement), and in particular Article 39 of Protocol 4 thereto, Whereas: (1) Articles 3 and 4 of Protocol 4 to the Agreement provide for bilateral cumulation of origin in the European Union or in Croatia. (2)  Croatia requested to cumulate origin when incorporating materials originating in the Union, in Croatia or in any country or territory participating in the Union’s Stabili- sation and Association process (3 or incorporating the materials originating in Turkey to which the Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union (%) applies (4). (3)  In order to allow the Union and Croatia to benefit from the extended cumulation zone, the provisions of Protocol 4 to the Agreement should be amended accordingly, () OJ L 26, 28.1.2005, p. 3. () As defined in the Conclusions of the General Affairs Council of 29 April 1997 and the Communication from the Commission to the Council and to the European parliament of 26 May 1999 on the Stabilisation and Association process for countries of South-Eastern Europe — Bosnia and Herzegovina, Croatia, Federal Republic of Yugoslavia, former Yugoslav Republic of Macedonia and Albania. OJ L 35, 13.2.1996, p. 1. Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union applies to products other than agricultural products as defined in the Agreement establishing an Association between the European Economic Community and Turkey (O] 217, 29.12.1964, p. 3687/64), and other than coal and steel products as defined in the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community (O] L 227, 7.9.1996, p. 3). —_— <= HAS ADOPTED THIS DECISION: Article 1 Protocol 4 to the Agreement is hereby amended as follows: (1) the following is added to the Table of Contents: — ‘Annex V: Products excluded from the cumulation provided for in Article 3 and Article 4’ Article 3 is replaced by the following: ‘Article 3 Cumulation in the Community 1. Without prejudice to the provisions of Article 2(1), products shall be considered as originating in the Community if such products are obtained there, incor- porating materials originating in Croatia, in the Community or in any country or territory participating in the European Union's Stabilisation and Association process (¥), or incorporating the materials originating in Turkey to which the Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 applies (**), provided that the working or processing carried out in the Community goes beyond the operations referred to in Article 7. It shall not be necessary for such materials to have undergone sufficient working or processing. 2. Where the working or processing carried out in the Community does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in the Community only where the value added there is greater than the value of the materials used orig- inating in any one of the other countries or territories referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in the Community.