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Document 52024PC0343
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
COM/2024/343 final
EUROPEAN COMMISSION
Brussels, 30.7.2024
COM(2024) 343 final
2024/0202(NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
EXPLANATORY MEMORANDUM
1.Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Joint Committee of the EEA Agreement in connection with the envisaged adoption of a Decision amending Protocol 4 of the EEA Agreement.
2.Context of the proposal
2.1.Agreement on the European Economic Area (the EEA Agreement)
The EEA Agreement 1 aims to promote a continuous and balanced strengthening of trade and economic relations between the Contracting Parties with equal conditions of competition, and the respect of the same rules, with a view to creating a homogeneous European Economic Area, hereinafter referred to as the EEA. The Agreement entered into force on 1 January 1994.
2.2.The Joint Committee
The Joint Committee established according to the provisions of Article 92 of the EEA Agreement, may decide to amend the provisions of Protocol 4 on rules of origin. The Joint Committee consists of the representatives of the EEA Parties. The Joint Committee draws up its decisions and recommendations by agreement between the European Union, on the one hand, and the EFTA States speaking with one voice, on the other.
2.3.The envisaged act of the Joint Committee
In its next meeting or by exchange of letters, the Joint Committee is to adopt a Decision regarding the amendment of the provisions of Protocol 4 on rules of origin (the envisaged act).
3.Position to be taken on the Union's behalf
During the first technical meeting on Transitional rules of origin held in Brussels on 5 February 2020, the majority of the Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the Convention) 2 agreed to implement the revised rules of the Convention (the Transitional rules of origin 3 ) in parallel with the rules of the Convention, on a transitional bilateral basis, pending the adoption of the revised rules of the Convention.
Since 1 September 2021, a network of bilateral protocols on rules of origin among Contracting Parties to the Convention entered into force rendering the Transitional rules applicable including under the framework of the EEA Agreement.
The objective of the Transitional rules of origin is to introduce more relaxed rules in order to facilitate the qualification of the preferential originating status for goods. As the Transitional rules of origin are in general more relaxed than those of the Convention, goods fulfilling these latter could also qualify as originating under the Transitional rules of origin, with the exception of some agricultural products classified under Chapters 2, 4 to 15 and 16 (except for processed fishery products) and Chapters 17 to 24 of the Harmonised System, as for these products the Transitional rules of origin are different or more strict than those of the Convention.
The Transitional rules of origin are applicable in parallel with the rules of origin of the Convention creating two distinctive zones of cumulation.
The Transitional rules foresee the permeability between the two sets of rules of origin, by allowing the issuance of a retrospective proof of origin on the basis of a proof issued according to the rules of the Convention, with the fulfilment of the condition that the products in case meet the requirements of both sets of rules.
The current provision in the Transitional rules concerning permeability between the two sets of rules of origin (Article 21(1), point (d) of Appendix A to the Protocol on rules of origin) generated a cumbersome customs procedure that prevents the economic operators from fully benefitting from the advantages of applying the Transitional rules in parallel with the Convention.
The parties have agreed to apply the Transitional rules in advance, in order to adapt the trade flows and customs practices to the upcoming entry into force of the amendment of the Convention (on which the Transitional rules are based). It is therefore appropriate to facilitate the application of permeability for the remaining time of application of the Transitional rules, pending the entry into force of the amendment to the Convention.
Therefore, Article 8 of Appendix A to Protocol 4 should be amended to facilitate the application of existing permeability between the Convention and the Transitional rules of origin.
The position to be taken by the EU within the Joint Committee should be established by the Council.
The proposed amendment is technical in nature and relates to the currently applicable Transitional rules of origin between the Parties and does not affect the substance of the protocol on rules of origin. Therefore, it does not require an impact assessment.
4.Legal basis
4.1.Procedural legal basis
4.1.1.Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 4 .
4.1.2.Application to the present case
The Joint Committee is a body set up by an agreement, namely the EEA Agreement.
The act which the Joint Committee is called upon to adopt constitutes an act having legal effects.
The envisaged act will be binding under international law in accordance with Article 103, paragraph 1 of the EEA Agreement.
The envisaged act does not supplement or amend the institutional framework of the EEA Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2.Substantive legal basis
4.2.1.Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union’s behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2.Application to the present case
The main objective and content of the envisaged act relate to the common commercial policy.
Therefore, the substantive legal basis of the proposed decision is the first subparagraph of Article 207(4) TFEU.
4.3.Conclusion
The legal basis of the proposed decision should be first subparagraph of Article 207(4), in conjunction with Article 218(9) TFEU.
5.Budgetary Implication
The simplification concerning permeability between the Convention and the Transitional rules of origin has no measurable impact on the EU budget since its scope mainly concerns trade facilitation and consolidation of modern practices of customs authorities. The simplification targets the areas which remain under competence of the authorities without impacting the substance of the rules from which goods acquire preferential originating status and facilitate the application of the existing principle of permeability.
6.Publication of the envisaged act
As the act of the Joint Committee will amend Protocol 4 to the Agreement, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
2024/0202 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)The EEA Agreement (the Agreement) was concluded by the Union by Council and Commission Decision 94/1/ECSC, EC 5 and entered into force on 1 January 1994.
(2)The Agreement includes Protocol 4 on rules of origin. Pursuant to Article 98 of the Agreement, the Joint Committee established by Article 92 of that Agreement (Joint Committee) may decide to amend the provisions of that Protocol.
(3)The Joint Committee, during its next meeting, is to adopt a decision amending Protocol 4 to the Agreement.
(4)It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee as the Decision of the Joint Committee will be binding on the Union.
(5)During the first technical meeting on Transitional rules of origin held in Brussels on 5 February 2020, the majority of the Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin 6 (the Convention) agreed to implement the revised rules of the Convention 7 (the Transitional rules of origin 8 ) in parallel with the rules of the Convention, on a transitional bilateral basis, pending the adoption of the revised rules of the Convention.
(6)The application of the Transitional rules of origin ensures the adaptation of the trade flows and customs practices pending the entry into force on 1 January 2025 of the revised rules of the Convention, on which the Transitional rules of origin are based.
(7)A network of bilateral protocols on rules of origin among Contracting Parties to the Convention 9 entered into force rendering the Transitional rules of origin applicable 10 since 1 September 2021.
(8)The objective of the Transitional rules of origin is to introduce more relaxed rules to facilitate the qualification of the preferential originating status for goods. As the Transitional rules of origin are in general more relaxed than those of the Convention, goods fulfilling the rules of origin of the Convention could also qualify as originating under the Transitional rules of origin, with the exception of certain agricultural products classified under Chapters 2, 4 to 15 and 16 (except for processed fishery products) and Chapters 17 to 24 of the Harmonised System. The Transitional rules of origin are applicable in parallel with the rules of origin of the Convention creating two distinctive zones of cumulation. Therefore, to facilitate the application of permeability between the Convention and the Transitional rules of origin as provided for by Article 21(1), point (d) of Appendix A to Protocol 4 to the Agreement, Article 8 of Appendix A to Protocol 4 to the Agreement should be amended,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in the Joint Committee established by the Agreement on the European Economic Area as regards the amendment of Protocol 4 to that Agreement shall be based on the draft decision of the Joint Committee attached to this Decision.
Article 2
This Decision is addressed to the Commission.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 30.7.2024
COM(2024) 343 final
ANNEX
to the
Proposal for a Council Decision
on the position to be taken on behalf of the European Union in the Joint Committee established by the Agreement on the European Economic Area, as regards the amendment of Protocol 4 on rules of origin to that Agreement, concerning the permeability between the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and the Transitional rules of origin
ANNEX
[Draft] DECISION No … OF THE EEA JOINT COMMITTEE
of XX XX 2024
amending Protocol 4 on rules of origin to the Agreement
on the European Economic Area
The EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area 1 (the Agreement) and in particular Article 98 thereof,
Whereas,
(1)During the first technical meeting on Transitional rules of origin held in Brussels on 5 February 2020, the majority of the Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the Convention) 2 agreed to implement the revised rules of the Convention (the Transitional rules of origin 3 ) in parallel with the rules of the Convention, on a transitional bilateral basis, pending the adoption of the revised Convention.
(2)A network of bilateral protocols on rules of origin among Contracting Parties to the Convention entered into force rendering the Transitional rules of origin applicable 4 since 1 September 2021.
(3)The objective of the Transitional rules of origin is to introduce more relaxed rules in order to facilitate the qualification of the preferential originating status for goods. As the Transitional rules of origin are in general more relaxed than those of the Convention, goods fulfilling these latter could also qualify as originating under the Transitional rules of origin, with the exception of certain agricultural products classified under Chapters 2, 4 to 15, 16 (except for processed fishery products) and Chapters 17 to 24 of the Harmonised System.
(4)The Transitional rules of origin are applicable in parallel with the rules of origin of the Convention creating two distinctive zones of cumulation. To facilitate the application of permeability provided for by Article 21(1), point (d) of Appendix A to Protocol 4 between the Convention and the Transitional rules of origin, Article 8 of Appendix A to Protocol 4 should therefore be amended,
HAS ADOPTED THIS DECISION
Article 1
In Article 8 of Appendix A to Protocol 4 to the Agreement, the following paragraph 1a is inserted:
‘1a. Notwithstanding paragraph 1, point (b), the cumulation provided for in Article 7 may be applied for goods classified under Chapters 1, 3, 16 (for processed fishery products) and Chapters 25 to 97 of the Harmonised System that have obtained originating status by the application of rules of origin according to Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, provided that materials and products are originating in the applying Contracting Parties for which cumulation is possible.’.
Article 2
This Decision shall enter into force on [ ], provided that all the notifications under Article 103(1) of the EEA Agreement have been made 5 .
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…
For the Joint Committee
The President
The Secretaries
To the EEA Joint Committee
