Considerations on COM(2023)579 - EU position within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the adoption of a recommendation on the use of movement certificates issued electronically

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(1) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/93/EU and entered into force in relation to the Union on 1 May 2012.

(2) Pursuant to Article 4(1) and 4(2)(b) of the PEM Convention, the Joint Committee shall make recommendations to ensure its proper application.

(3) Beginning of the year 2020 the Contracting Parties to the PEM Convention were informed by the European Commission services about the impossibility faced by a majority of trading partners to provide movement certificates for preferential origin purposes in due form (i.e. hand written signed, wet ink stamped or in the right paper format), as in a number of Contracting Parties contacts between customs administrations and economic operators had been suspended due to the COVID-19 pandemic.

(4) Exceptional measures were adopted on a reciprocal basis to ensure the full implementation of the arrangements. Customs authorities were invited to accept movement certificates for preferential purposes, issued electronically with a digital signature, stamp or cachet of the competent authorities, or a copy in paper or electronic form (scanned or available on-line).

(5) The Contracting Parties acknowledge the benefit of the experience of preferential trade under the exceptional measures adopted because of the COVID-19 pandemic. The Contracting Parties were interested to continue the good practices introduced under the exceptional measures during the COVID-19 pandemic, recognising the importance of introducing electronic means and working together towards a common system based on electronic proofs of origin and electronic administrative cooperation within the PEM region.

(6) Since 1 September 2021, a network of bilateral protocols on rules of origin among Contracting Parties to the PEM Convention has already entered into force rendering the Transitional rules applicable. These rules enable the use of movement certificates issued electronically. Pending the adoption of the revised PEM Convention among all Contracting Parties, the Transitional rules are applicable in parallel with the PEM Convention.

(7) To ensure consistency among the two sets of rules of origin applicable in parallel and pending the adoption of the revised PEM Convention which will replace both sets of rules of origin, it is appropriate to recommend the acceptance of movement certificates issued electronically under the framework of the PEM Convention,

(8) The Joint Committee, during its meeting on 29 November 2023, is expected to adopt a Recommendation on the use of movement certificates issued electronically.

(9) It is appropriate to establish the position to be taken on the Union's behalf in the Joint Committee as the Recommendation will become applicable in the Union.