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

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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:

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.

Done at Brussels, 14 March 2003.

For the EEA Joint Committee

The President

• P. 

  Westerlund

• (1) 

  No constitutional requirements indicated.

ANNEX TO EEA JOINT COMMITTEE DECISION

No 38/2003

"PROTOCOL 4

ON RULES OF ORIGIN

TABLE OF CONTENTS

>TABLE>

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Protocol:

(a) "manufacture" means any kind of working or processing including assembly or specific operations;

(b) "material" means any ingredient, raw material, component or part, etc., used in the manufacture of the product;

(c) "product" means the product being manufactured, even if it is intended for later use in another manufacturing operation;

(d) "goods" means both materials and products;

(e) "customs value" means the value as determined in accordance with the 1994 Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on customs valuation);

(f) "ex-works price" means the price paid for the product ex works to the manufacturer in the EEA in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes which are, or may be, repaid when the...

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