Decision of the EEA Joint Committee No 188/1999 of 17 December 1999 amending Protocol 4 to the EEA Agreement on rules of origin
L 74/20 EN Official Journal of the European Communities 15. 3. 2001 DECISION OF THE EEA JOINT COMMITTEE No 188/1999 of 17 December 1999 amending Protocol 4 to the EEA Agreement on rules of origin THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as áthe Agreementí, and in particular Article 98 thereof, Whereas: (1) Protocol 4 to the Agreement was amended by Decision No 45/1999 of the EEA Joint Committee of 26 March 1999 (1). (2) The definition of the term áoriginating productsí 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 (hereinafter referred to as the EEAí), Iceland, Norway and Switzerland. (3) 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. (4) To take account of changes in processing techniques and shortages of certain raw materials, some corrections must 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: Article 1 Protocol 4 to the Agreement is hereby amended as follows: 1. in Articles 20 and 25, the word ECUí shall be replaced by EURí; 2. Article 30 shall be replaced by the following: Article 30 Amounts expressed in euro Amounts in the national currency of the exporting country equivalent to the amounts expressed 1. in euro shall be fixed by the exporting country and communicated to the other Contracting Parties through the European Commission. (1) OJ L 266, 19. 10. 2000, p. 53. 15. 3. 2001 EN Official Journal of the European Communities L 74/21 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 another Contracting Party or a country referred to in Article 3, the importing country shall recognise the amount notified by the country concerned. The amounts to be used in any given national currency shall be the equivalent in that national 3. currency of the amounts expressed in euro as at the first working day of October 1999. The amounts expressed in euro and their equivalents in the national currencies of EC Member 4. States and EFTA States shall be reviewed by the EEA Joint Committee at the Contracting Parties. When carrying out this review, the EEA Joint Committee shall ensure that there will be no decrease in the amounts to be used in any 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. í the request of 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 swelling or roasting of cereal or cereal products (for example, corn flakes); cereals (other than maize in grain form or in the (corn)) flakes or other worked form of grains flour and meal), pre-cooked, or otherwise prepared, or not included elsewhere specified (except Manufacture: - from materials not classified within heading No 1806; - in which all the cereals and flour (except durum wheat and its derivatives and Zea indurata maize) used must be wholly obtained (1); - in which the value of any materials of Chapter 17 used does not exceed 30 % of the ex-works price of the product (1) The exception concerning the Zea indurata maize is applicable until 31 December 2002. í (b) the entry for HS heading 2207 shall be replaced by: 2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol spirits, denatured, of and other any strength Manufacture: - from materials not classified within heading Nos 2207 or 2208, - in which all the grapes or any material derived from grapes used must be wholly obtained or if alle the other materials used are already originating, arrack may be used up to a limit of 5 % by volumeí L 74/22 EN Official Journal of the European Communities 15. 3. 2001 (c) the entry for HS Chapter 57 shall be replaced by: Chapter 57 Carpets and other coverings: textile floor - Of needleloom felt Manufacture from (1): - 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 the exceed 40 % of ex-works price of the product Jute fabric may be used as backing - Of other felt - Of other textile materials fibres Manufacture from (1): - natural or processed for spinning, or combed not or carded otherwise - chemical materials or textile pulp Manufacture from (1): - coir or jute yarn, - synthetic or artificial filament yarn, - natural fibres, or - man-made staple fibres not or for combed processed or carded otherwise spinning (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. í Jute fabric may be used as backing (d) the entry for HS heading 8401 shall be replaced by: áex 8401 Nuclear fuel elements Manufacture in which all the materials are classified within a heading the than that of other product (1) used Manufacture in which the value of all the materials used does not exceed 30 % of the ex-works price of the product (1) This rule shall apply until 31 December 2005. í 15. 3. 2001 EN Official Journal of the European Communities L 74/23 (e) the following shall be inserted between the entries for HS heading 9606 and 9612: 9608 used Manufacture in which all the materials are classified within a heading the than that of other product. However, nibs or nib-points classified within the same heading may be usedí pens; felt-tipped Ballpoint pens; and porous-tipped other pens and markers; fountain pens, stylograph pens and other duplicating stylos; propelling or sliding pencils; pen-holders, pencil- holders and similar holders; (including caps and parts clips) foregoing the of articles, other than those of heading No 9609 This Decision shall enter into force on 1 January 2000, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee. Article 2 This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal of the European Communities. Article 3 Done at Brussels, 17 December 1999. For the EEA Joint Committee The President N. v. LIECHTENSTEIN