Considerations on COM(2013)728 - EU position within the EU-PLO Association Committee on the definition of the concept of "originating products" and methods of administrative cooperation

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(1) Protocol No 3 to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part[3], ("the Agreement"), as amended by Decision No 1/2009 of the EU‑PLO Joint Committee of 24 June 2009[4], concerns the definition of the concept of 'originating products' and methods of administrative cooperation.

(2) Article 15 of Protocol No 3 contains a general prohibition of drawback of, or exemption from, customs duties for non-originating materials used in the manufacture of originating products. However, paragraph 7 of this Article stipulates that a drawback or partial exemption can be applied until 31 December 2009 subject to certain conditions.

(3) Further to a request from the PLO, in 2010 the Commission proposed extending the application period of Article 15 of Protocol No 3 to the Agreement until 31 December 2012[5]. However, the EU-PLO Joint Committee never adopted that decision.

(4) The parties have agreed to extend by six years the application period of Article 15(7) with effect from 1 January 2010 in order to provide clarity, long-term economic predictability and legal certainty for economic operators and to establish the period covered by the Commission proposal.

(5) In accordance with Article 39 of Protocol No 3, the Joint Committee established by the Agreement should decide to amend the Protocol accordingly.

(6) The European Union should therefore adopt the position set out in the attached draft decision within the Joint Committee.