Legal provisions of SEC(2004)1444 - Draft Decision of the EC/Denmark-Faroe Islands Joint Committee amending Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation - Draft common position of the EC

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24.4.2006   ENOfficial Journal of the European UnionL 110/1



DECISION No 1/2005 OF THE EC/DENMARK-FAROE ISLANDS JOINT COMMITTEE

of 10 November 2005

amending Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(2006/287/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part (1), hereinafter referred to as ‘the Agreement’ signed in Brussels on 6 December 1996, and in particular Article 34(1) thereof,

Whereas:

(1)Protocol 3 to the Agreement provides for the bilateral cumulation of origin between the Community and the Faroe Islands.

(2)The extension of the system of cumulation is desirable making it possible to use materials originating in the Community, Bulgaria, Romania, Iceland, Norway, Switzerland (including Liechtenstein), the Faroe Islands, Turkey or in any other country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, in order to develop trade and promote regional integration.

(3)For the purposes of implementing the extended system of cumulation only between the countries which have fulfilled the necessary conditions and in order to avoid circumvention of customs duties, it is necessary to introduce new provisions concerning certification of origin.

(4)For the purposes of implementing the extended system of cumulation and in order to avoid circumvention of customs duties, it is necessary to harmonise the provisions concerning the prohibition of drawback of, or exemption from, customs duties and the processing requirements laid down in Protocol 3 for non-originating materials to obtain originating status and to include an article in the Protocol allowing the Community, in cases of fraud or lack of administrative cooperation, to suspend diagonal cumulation by the Faroe Islands.

(5)The extended system of cumulation of origin implies that the same provisions on rules of origin apply in the context of preferential agreements concluded between the countries concerned.

(6)Goods in transit or storage on the day on which this Decision becomes applicable should be covered by transitional provisions allowing them to benefit from the extended system of cumulation.

(7)Joint Declarations concerning the review and revision of the use of cumulation by the Faroe Islands, and concerning the amendment of the Protocol have to be introduced.

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

(9)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 Protocol 3 all the provisions in question,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 3 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on the day of its adoption

It shall apply from the first day of the month following the day of its adoption.