Legal provisions of COM(2002)383 - Community position within the EC - Switzerland Joint Committee on the amendment of Protocol 3, concerning the definition of the concept of 'originating products' and methods of administrative co-operation, set out in the Agreement with Switzerland

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dossier COM(2002)383 - Community position within the EC - Switzerland Joint Committee on the amendment of Protocol 3, concerning the definition of ...
document COM(2002)383 EN
date July 12, 2002
Avis juridique important

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52002PC0383

Proposal for a Council Decision on a Community position within the EC - Switzerland Joint Committee on the amendment of Protocol 3, concerning the definition of the concept of originating products and methods of administrative co-operation, set out in the Agreement between the European Communities, of the one part, and the Swiss Confederation, of the other part /* COM/2002/0383 final - ACC 2002/0150 */


Proposal for a COUNCIL DECISION on a Community position within the EC - Switzerland Joint Committee on the amendment of Protocol 3, concerning the definition of the concept of originating products and methods of administrative co-operation, set out in the Agreement between the European Communities, of the one part, and the Swiss Confederation, of the other part


(presented by the Commission)


EXPLANATORY MEMORANDUM

1. Rules of origin are essential to the correct functioning of the agreements between the Community and its trading partners. The Community , of the one part, and the Swiss Confederation, of the other part, have signed on 22 July 1972 an Agreement. Protocol 3 of the Agreement, concerns the definition of the concept of originating products and methods of administrative co-operation .

The Community is part of this 'pan-European' diagonal with Bulgaria, Switzerland (including Liechtenstein), the Czech Republic, Estonia, Hungary, Iceland, Lithuania, Latvia, Norway, Poland, Romania, Slovenia and the Slovak republic, the European Economic Area and its Customs Union with Turkey for industrial and ECSC products.

2. This Protocol has been amended several times and it becomes necessary to consolidate all the amendments in a new text, which shall replace the current one. Such consolidation offers the opportunity to correct linguistic mistakes and differences between the different language versions and to introduce the necessary changes due to amendments to the Harmonized Commodity Description and Coding System ("Harmonized System"). Moreover, the derogation granted until 31 December 2002 for products processed from Zea Indurata maize and its derivatives (ex HS 1904) shall become permanent since such materials are not produced in the countries concerned. Finally, a special processing rule has been set up for monolithic integrated circuits (ex HS 8542) ; they will be considered as originating if they are obtained from a high technology 'front-end' operation of diffusion on semi-conductors substrates, even if a limited 'back-end' process (assembly ad/or testing) takes place in third countries ; such rule aims to support the semi-conductor industry, and indirectly the users of the concerned products in electronic sector, to maintain their competitivity.

3. In order to maintain identical rules of origin within the pan-European system of cumulation, a similar process of consolidation and amendment will take place for the other Protocols included in the preferential Agreements concluded by the Community.

4. In order to enable the contracting parties to achieve in time the process of adoption of the Decision, with a view to entering into force on 1 July 2002, an adoption of a Community position by the Council at its earliest convenience is recommended.

5. The Council is therefore asked to adopt the annexed proposal for a decision concerning the Community position within the EC - Switzerland Joint Committee on the replacement of Protocol 3 to the Agreement by a consolidated one.


2002/0150 (ACC)

Proposal for a COUNCIL DECISION on a Community position within the EC - Switzerland Joint Committee on the amendment of Protocol 3, concerning the definition of the concept of originating products and methods of administrative co-operation, set out in the Agreement between the European Communities , of the one part, and the Swiss Confederation, of the other part


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), second subparagraph,

Having regard to the proposal from the Commission,

Whereas Article 38 of Protocol 3, concerning the definition of the concept of originating products and methods of administrative co-operation, set out in the Agreement between the European Communities, of the one part, and the Swiss Confederation, of the other part, provides that the Joint Committee may decide to amend the provisions of the Protocol;

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Community within the Joint Committee established by virtue of the Agreement signed on 22 July 1972 , on the amendment to Protocol 3 concerning the definition of the concept of originating products and methods of administrative co-operation, set out in the Agreement, is that defined in the attached draft decision of the Joint Committee.

OJ L 300, 31.12.1972, p. 189.