Decision No 1/1999 of the EC-Switzerland Joint Committee of 24 June 1999 amending Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of 'originating products' and methods of administrative cooperation
22. 9. 1999 EN Official Journal of the European Communities L 249/25 COMMISSION DECISION No 1/1999 OF THE EC-SWITZERLAND JOINT COMMITTEE of 24 June 1999 amending Protocol 3 to the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (1999/633/EC) THE JOINT COMMITTEE, Having regard to the Agreement between the European Economic Community and the Swiss Confedera- tion (1), hereinafter referred to as ‘the Agreement’, signed in Brussels on 22 July 1972, Having regard to Protocol 3 concerning the definition of the concept of originating products and methods of administrative cooperation, hereinafter referred to as Protocol 3, and in particular Article 38 thereof, Whereas 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, the European Economic Area (hereinafter referred to as the EEA), Iceland, Norway and Switzerland; Whereas, in view of the particular arrangement on industrial products obtaining between the Community and Turkey, it would also be appropriate to extend the cumulation system to such products originating in Turkey; Whereas to facilitate trade and simplify administrative tasks it would be desirable to amend the wording of Articles 3 and 4; Whereas, 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, HAS DECIDED AS FOLLOWS: Protocol 3 is hereby amended as follows: 1. Article 1(i) shall be replaced by: Article 1 ‘(i) “added Value” shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in the Community or Switzerland. ’ 2. Articles 3 and 4 shall be replaced by the following: ‘Article 3 Cumulation in the European Community 1. Without prejudice to Article 2(1), products shall be considered as originating in the Community if such products are obtained there, incorporating materials originating in the Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) (1) or Turkey (2) in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between the Community and (1) OJ L 300, 31. 12. 1972, p. 189. L 249/26 EN Official Journal of the European Communities 22. 9. 1999 each of these countries, provided that the working or processing carried out in the Community goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials 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 originating in any one of the other countries 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. 3. Products originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in the Community, retain their origin if exported into one of these countries. 4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol. The Community shall provide Switzerland, through the Commission of the European Communities, with details of the Agreements and their corresponding rules of origin, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities shall publish in the Official Journal of the European Communities (C Series) the date on which the cumulation, provided for in this Article may be applied by those countries listed in paragraph 1 which have fulfilled the necessary requirements. Article 4 Cumulation in Switzerland 1. Without prejudice to Article 2(2), products shall be considered as originating in Switzerland if such products are obtained there, incorporating materials originating in the Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) (1) or Turkey (2) in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Switzerland and each of these countries, provided that the working or processing carried out in Switzerland goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing. 2. Where the working or processing carried out in Switzerland does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Switzerland only where the value added there is greater than the value of the materials used originating in any one of the other countries 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 Switzerland. Products originating in one of the countries referred to in paragraph 1, which do not undergo 3. any working or processing in Switzerland, retain their origin if exported into one of these countries. 4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol. Switzerland shall provide the Community, through the Commission of the European Communities, with details of the Agreements and their corresponding rules of origin, which are applied with the other countries referred to in paragraph 1. The Commission of the European Communities shall publish in the Official Journal of the European Communities (C Series) the date on which the cumulation provided for in this Article may be applied by those countries listed in paragraph 1 which have fulfilled the necessary requirements. (1) The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area. (2) Cumulation as provided for in this Article does not apply to materials originating in Turkey which are mentioned in the list at Annex V to this Protocol. ’ 22. 9. 1999 EN Official Journal of the European Communities L 249/27 3. In Articles 13, 14, 15, 17, 21, 27, 30 and 32 the phrase ‘referred to in Article 4’ shall be replaced by ‘referred to in Articles 3 and 4’; 4. In Article 26 the reference ‘C2/CP3’ shall be replaced by ‘CN22/CN23’; 5. In Annex I, Note 5. 2, ‘current conducting filaments’ shall be added between ‘artificial man-made filaments’ and ‘synthetic man-made staple fibres of polypropylene’; 6. In Annex I, Note 5. 2 the fifth example (‘A carpet with tufts. are met. ’) shall be deleted; 7. In Annex II, between the rules for HS headings 2202 and 2208, the following rule shall be inserted: HS heading No (1) Description (2) Working or processing carried out on non-originating materials that confers originating status (3) or (4) ‘2207 strength alcoholic Undernatured ethyl alcohol of an by volume of 80 % vol or higher; other ethyl spirits, any strength alcohol denatured, of and Manufacture — using materials not classi- fied under headings 2207 or 2208’; 8. In Annex II, the rule for Chapter 57 shall be replaced by: ‘Chapter 57 Carpets and other textile floor coverings: — of needleloom felt Manufacture from (1): — natural fibres or — chemical materials or tex- tile pulp However: — polypropylene filament of heading 5402, — polypropylene fibres of heading 5503 or 5506, — polypropylene filament tow of heading 5501, of which the denomination in all cases of a single fila- ment or fibre is less than 9 decitex, may be used provided their value does not exceed 40 % of the ex- works the product price of — jute fabric may be used as backing L 249/28 EN Official Journal of the European Communities 22. 9. 1999 — of other felt — other Manufacture from (1): — natural fibres not carded or combed or otherwise processed for spinning, or — chemical materials or textile pulp Manufacture from (1): — coir or jute yarn (a) — synthetic or artificial fila- ment yarn, — natural fibres, or staple — man-made fibres not carded or combed or otherwise processed for spinning, but jute fabric may be used as backing (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. (a) The use of jute yarn is authorised from 1 July 2000. ’ 9. In Annex II, the rule for HS heading 7006 shall be replaced by: ‘7006 Glass of headings 7003, 7004 or 7005, bent, edgeworked, engraved, drilled, enamelled or otherwise worked, but not framed or fitted with other materials: — glass plate substrate coat- ed with dielectric thin film, semi-conductor gra- in accordance with de, SEMII standards (1) — other Manufacture from non-coated glass of heading 7006 substrates plate Manufacture from materials of heading 7001 (1) SEMII-Semiconductor Equipment and Materials Institute Incorporated’; 10. In Annex II, the rule for HS heading 7601 shall be replaced by: ‘7601 Unwrought aluminium Manufacture in which: — all the materials used are classified within a heading other the than that of product, and — the value of all the mater- ials used does not exceed 50 % of ex-works the price of the product or manufacture by thermat or treatment electrolytic from unalloyed aluminium or waste and scrap of alumi- nium’ 22. 9. 1999 EN Official Journal of the European Communities L 249/29 11. The following shall be added after Annex IV: ‘ANNEX V List of products originating in Turkey to which the provisions of Articles 3 and 4 do not apply, listed in the order of HS chapters and headings Chapter 1 Chapter 2 Chapter 3 0401 to 0402 ex 0403 0404 to 0410 0504 0511 Chapter 6 0701 to 0709 ex 0710 ex 0711 0712 to 0714 Chapter 8 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter Vegetables, except sweet corn of heading No 0710 40 00 (uncooked or cooked by steaming or boiling in water), frozen Vegetables, except sweet corn of heading 0711 90 30, provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption ex Chapter 9 Coffee, tea, and spices, excluding maté of heading 0903 Chapter 10 Chapter 11 Chapter 12 ex 1302 1501 to 1514 ex 1515 ex 1516 Pectic substances, pectinates and pectates Other fixed vegetable fats and oils (excluding jojoba oil and its fractions) and their fractions, whether or not refined, but not chemically modified Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared, excluding hydrogenated castor oil known as “opal-wax” ex 1517 and ex 1518 Margarines, imitation lard and other prepared edible fats ex 1522 Residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding degras L 249/30 EN Official Journal of the European Communities 22. 9. 1999 Other sugars, including chemically pure lactose, maltose, glucose and fruct- in solid form; sugar syrups not containing added flavouring or ose, colouring matter; artificial honey, whether or not mixed with natural honey; caramel excluding that of headings 1702 11 00, 1702 30 51, 1702 30 59, 1702 50 00 and 1702 90 10 Pasta, stuffed, containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates, sausages and the like or meat and meat offal of any kind, including fats of all kinds Cucumbers and gherkins, onions, mango chutney, fruit of the genus genre Capsicum other than sweet peppers or pimentos, mushrooms and olives, prepared or preserved by vinegar or acetic acid Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006, excluding potatoes in the form of flour or meal or flakes, and sweet corn Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, excluding potatoes in the form of flour, meal or flakes, and sweet corn Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding peanut butter, palm hearts, maize, yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch, vine leaves, hop shoots and other similar edible parts of plants Flavoured and coloured sugars, syrups and molasses Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher obtained from agricultural produce listed here Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol obtained from agricultural produce listed here. Chapter 16 1701 ex 1702 1703 1801 and 1802 ex 1902 ex 2001 2002 and 2003 ex 2004 ex 2005 2006 and 2007 ex 2008 2009 ex 2106 2204 2206 ex 2207 ex 2208 2209 Chapter 23 2401 4501 5301 and 5302’ 22. 9. 1999 EN Official Journal of the European Communities L 249/31 This Decision shall enter into force on the date of its adoption. It shall apply as from 1 January 1999. Article 2 Done at Brussels, 24 June 1999. For the Joint Committee The President Fabrizio BARBASO