Legal provisions of COM(2002)370 - Community position within the EEA Joint Committee on the amendment of Protocol 4 to the EEA Agreement on rules of origin

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dossier COM(2002)370 - Community position within the EEA Joint Committee on the amendment of Protocol 4 to the EEA Agreement on rules of origin.
document COM(2002)370 EN
date December 16, 2002
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22003D0038

Decision of the EEA Joint Committee No 38/2003 of 14 March 2003 amending Protocol 4 to the Agreement, on rules of origin

Official Journal L 137 , 05/06/2003 P. 0046 - 0158


Decision of the EEA Joint Committee

No 38/2003

of 14 March 2003

amending Protocol 4 to the Agreement, on rules of origin


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,

Whereas:

(1) Protocol 4 to the Agreement, hereinafter referred to as the Protocol has been amended several times. A consolidation of those amendments to the text of the Protocol therefore appears necessary for the sake of clarity and legal certainty of the rules of origin to be applied.

(2) Technical modifications of the processing rules are also required to take account of modifications to the Harmonised Commodity Description and Coding System (Harmonised System), which took effect from 1 January 2002.

(3) Certain processing requirements for non-originating materials to obtain originating status need to be amended to take account of the lack of production of a certain material within the Contracting Parties and of the specific conditions in which some products (monolithic integrated circuits) are to be obtained, implying limited processing operations outside the Contracting Parties.

(4) Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

(5) It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitating the work of users and customs administrations, to incorporate in a new text of the Protocol all the provisions in question.

(6) Joint Declarations concerning the Principality of Andorra, the Republic of San Marino and the review of the changes to the origin rules as a result of the amendments to the Harmonised System have to be maintained, together with the Protocol,

HAS DECIDED AS FOLLOWS:

Contents

Article 1

Protocol 4 to the Agreement shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on 15 March 2003, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(1).

It shall apply from 1 July 2002.

Article 3

This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal of the European Union.