Decision No 2/1999 of the EC-Switzerland Joint Committee of 29 November 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 (Text with EEA relevance)
L 323/14 EN Official Journal of the European Communities 15. 12. 1999 COMMISSION DECISION No 2/1999 OF THE EC-SWITZERLAND JOINT COMMITTEE of 29 November 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 (Text with EEA relevance) (1999/826/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, (1) 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 Slovak Republic, Bulgaria, Romania, Latvia, Lithuania, Estonia, Slovenia, Turkey, the European Economic Area (hereinafter referred to as the EEA), Iceland, Norway and Switzerland; the Czech Republic, (2) Whereas it would seem advisable to revise the Articles concerning the amounts in order to fully take into consideration the entry into force of the euro; (3) Whereas, 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 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. (1) OJ L 300, 31. 12. 1972, p. 189. 15. 12. 1999 EN Official Journal of the European Communities L 323/15 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. 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. 4. The amounts expressed in euro and their equivalents in the national currencies of Member States and Switzerland shall be reviewed by the Joint Committee at the request of the Community or Switzerland. When carrying out this review, the Joint 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 swelling or roasting of cereal or cereal products (for example, corn flakes); cereals (other than maize (corn) in grain form or in the form of flakes or other worked grains and meal), pre- (except cooked, or otherwise prepared, not elsewhere specified or included flour Manufacture: — from materials not classi- fied 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 exceed used does not 30 % of ex-works price of the product the (1) The exception concerning the Zea indurata maize is applicable until 31. 12. 2002. ’ (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 and other spirits, denatured, of any strength Manufactured: — from materials not classi- fied within heading Nos 2207 or 2208, used must — in which all the grapes or any material derived from be grapes wholly obtained or if all the other materials used are already originating, arrack may be used up to a limit of 5 % by volume’ L 323/16 EN Official Journal of the European Communities 15. 12. 1999 (c) the entry for HS Chapter 57 shall be replaced by: ‘Chapter 57 and other Carpets coverings: — Of needleloom felt textile floor Manufactured 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 denomina- tion 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 Manufactured from (1): — natural fibres not carded or combed or otherwise processed for spinning, or — chemical materials or textile pulp Manufactured from (1): — coir or jute yarn, — synthetic or artificial fila- ment yarn, — natural fibres, or staple — man-made fibres not carded or combed or otherwise processed for spinning Jute fabric may be used as backing — Of other felt — Of other textiles materials (1) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 5. ’ (d) the entry for HS heading 8401 shall be replaced by: ‘ex 8401 Nuclear fuel elements Manufacture in which all the materials used are classified within a heading other than that of the product (1) Manufacture in which the the value of all does not materials exceed 30 % of the ex-works price of the final product (1) This rule shall apply until 31 December 2005. ’ 15. 12. 1999 EN Official Journal of the European Communities L 323/17 (e) the following shall be inserted between the entries for HS heading Nos 9606 and 9612: ‘9608 porous-tipped felt-tipped and Ball-point pens; other and pens markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; and pen-holders, (including similar holders; parts the foregoing caps and clips) of articles, of those heading No 9609 pencil-holders other than Manufacture in which all the materials used are classified within a heading other than that of the product. However, nibs or nib-points classified within the same heading may be used’ This Decision shall enter into force on the day of its adoption. It is applicable from 1 January 2000. Article 2 Done at Brussels, 29 November 1999. For the Joint Committee The President Fabricio BARBASO