Communication from the Ministry of Foreign Affairs No. 67 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of Decision No 3 / 96 Association Council, Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, of 29 November 1996 amending Protocol 4 to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part
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International Treaty
Effective from 01.01.1997
Text versions:
10.04.1997
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67
COMMUNICATION
Ministry of Foreign Affairs
Ministry of Foreign Affairs announces that Decision No 3 / 96 was signed in Prague on 12 December 1996 Association Council, Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, of 29 November 1996 amending Protocol 4 to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part. 1)
Decision No 3 / 96 entered into force on 1 January 1997 pursuant to Article 2 thereof.
Czech version The decision shall be made simultaneously.
ASSOCIATION BETWEEN
THE EUROPEAN UNION,
CZECH REPUBLIC
- Association Council -
Decision No 3 / 96 OF THE ASSOCIATION COUNCIL,
ASSOCIATION BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES ON THE ONE SIDE AND THE CZECH REPUBLIC ON THE OTHER SIDE,
of 29.11.1996
amending Protocol 4 to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part
ASSOCIATION COUNCIL
Having regard to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, signed in Brussels on 4 October 1993 and in particular Article 33 of Protocol 4,
Since the extended system of cumulation allowing the use of materials originating in the European Community, Poland, Hungary, the Czech Republic, the Slovak Republic, Bulgaria, Romania, Latvia, Lithuania, Estonia, Slovenia, the European Economic Area, Iceland, Norway or Switzerland is desirable for the purpose of developing trade and increasing the effectiveness of the Agreement, adjustments to the definition of the concept of originating products are necessary;
Given that this Agreement concerns goods originating in Andorra or San Marino, it is necessary to allow this by means of the Joint Declaration in Protocol 4.
Since, for the purpose of implementing the extended system of cumulation and avoiding circumvention of customs duties, it is necessary to include in Protocol 4 new provisions concerning the prohibition of drawback of, or exemption from, customs duties.
In view of the further development of trade and the simplification of administrative barriers, it is necessary to amend the conditions for the processing of non-originating materials in order to obtain originating status and the provisions concerning proof of origin provided for in the Protocol;
In view of the need to amend certain conditions for the processing of non-originating materials in order to obtain originating status in connection with the development of production technologies; Whereas, according to experience gained, an overview of the processing conditions could be improved by including all the numbers of the Harmonised System (HS); Whereas technical amendments to the conditions of such processing are necessary in the context of changes to the HS which have been in force since 1 January 1996;
Whereas, for the proper implementation of the Agreement, it is appropriate to incorporate all the provisions in question into the single text for easier work by users and customs administrations,
HAS DECIDED AS FOLLOWS:
Protocol 4 shall be replaced by the following text, together with the relevant joint declarations.
This Decision shall enter into force on 1 January 1997.
Dane in Prague on 12 December 1996
For the Association Council:
J. Zieleniec v. r.
The President
G. Testa v. r.
J. Final v. r.
The Secretaries
PROTOCOL 4
concerning the definition of the concept of "originating products' and methods of administrative cooperation
CONTENTS
GENERAL PROVISIONS
Definitions
For the purposes of this Protocol:
(a) "production" means any working or processing, including assembly or specific processes;
(b) "material" means any ingredient, raw materials, parts, etc., used in the manufacture of the product;
(c) "product" means the product currently manufactured, even if its later use is intended in another production operation;
(d) "goods" means both materials and products;
(e) "customs value" means the value determined under the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Evaluation);
(f) "ex-works price" means the price paid for a product to a producer in the Community or the Czech Republic in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used, less any internal taxes which are refunded or may be refunded if the product obtained is exported;
(g) "value of materials" means the customs value of the non-originating materials used at the time of import or, if this is not known and cannot be ascertained, the first identifiable price paid for such materials in the Community or the Czech Republic;
(h) "value of originating materials" means the value of such materials determined in accordance with paragraph (g) of the mutatis mutandis;
(i) "value added" means the ex-works price minus the customs value of all the materials used which are not originating in the country in which the products were obtained;
(j) "chapters" and "numbers" mean chapters and numbers (four-digit codes) used in the Harmonised Commodity Description and Coding System nomenclature, hereinafter referred to as "Harmonised System" or "HS";
(k) "classification" means the classification of a product or material under the appropriate heading;
(l) "consignment" means products which are at the same time sent by one exporter to one consignee or which are contained in one transport document relating to their transport from the exporter to the consignee or, in the absence of such a document, appear on one invoice.
(m) "territory" includes territorial waters.
DEFINITION OF THE CONCEPT OF "ORIGINATING PRODUCTS"
General requirements
1. For the purposes of implementing this Agreement, the following products shall be considered as originating in the Community:
(a) products wholly obtained in the Community within the meaning of Article 5 of this Protocol;
(b) products obtained in the Community containing materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing in the Community within the meaning of Article 6 of this Protocol;
(c) products originating in the European Economic Area (EEA) within the meaning of Protocol 4 to the Agreement on the European Economic Area.
2. For the purposes of implementing this Agreement, the following products shall be considered as originating in the Czech Republic:
(a) products wholly obtained in the Czech Republic within the meaning of Article 5 of this Protocol;
(b) products obtained in the Czech Republic containing materials not wholly obtained there, provided that such materials have undergone sufficient working or processing in the Czech Republic within the meaning of Article 6 of this Protocol.
Bilateral cumulation of origin
1. Materials originating in the Community shall be regarded as originating in the Czech Republic if they are contained in a product obtained here. Such materials need not be subjected to sufficient working or processing, provided that they have undergone working or processing beyond the operations referred to in Article 7 (1) of this Protocol.
2. Materials originating in the Czech Republic are considered to be originating in the Community if they are contained in a product obtained here. Such materials need not be subjected to sufficient working or processing, provided that they have undergone working or processing beyond the operations referred to in Article 7 (1) of this Protocol.
Diagonal cumulation of origin
1. Subject to the provisions of paragraphs 2 and 3, materials originating in Poland, Hungary, the Slovak Republic, Bulgaria, Romania, Latvia, Lithuania, Estonia, Slovenia, Iceland, Norway or Switzerland within the meaning of the Agreements between the Community and the Czech Republic and those countries shall be considered as originating in the Community or the Czech Republic if they are contained in a product obtained here. Such materials need not be subjected to sufficient working or processing.
2. Products which have obtained originating status pursuant to paragraph 1 shall be considered as originating in the Community or the Czech Republic only if the value added exceeds the value of the originating materials used in any of the other countries referred to in paragraph 1. If this condition is not met, those products shall be considered as originating in the country referred to in paragraph 1 in which the highest proportion of the value has been added. When determining the country of origin, account shall not be taken of the value of materials originating in the other countries referred to in paragraph 1 which have undergone sufficient working or processing in the Community or the Czech Republic.
3. The cumulation provided for in this Article may be applied only if the materials used acquire originating status by applying the same rules of origin as those of this Protocol. The Community and the Czech Republic shall communicate to each other, through the European Commission, details of the agreements and their corresponding rules of origin concluded with the other countries referred to in paragraph 1.
4. The European Commission shall publish in the Official Journal of the European Communities (C Series) the date on which the countries referred to in paragraph 1 fulfilled the condition laid down in paragraph 3.
Completely obtained products
1. The following products are considered to be wholly obtained in the Community or the Czech Republic:
(a) mineral products extracted from their soil or seabed;
(b) vegetable products harvested here;
(c) live animals born and bred here;
(d) products from live animals kept here;
(e) products obtained by hunting or fishing carried out there;
(f) products of sea fishing and other products originating in the sea outside the territorial waters of the Community or the Czech Republic, obtained by their vessels;
(g) products made on their fishing processing vessels exclusively from products referred to in (f);
(h) used articles collected here which can only be used to obtain raw materials, including used tyres suitable only for retreading or as waste;
(i) waste and scrap resulting from manufacturing operations carried out here;
(j) Products extracted from seabed or subsoil outside their territorial waters, provided that they have exclusive rights to exploit them;
(k) goods manufactured exclusively from the products referred to in points (a) to (j).
2. the terms "their vessels" and "their fishing processing vessels" referred to in paragraph 1 (f) and (g) shall mean only vessels and fishing processing vessels:
(a) which are registered or recorded in a Member State of the Community or the Czech Republic;
(b) which sail under the flag of a Member State of the Community or of the Czech Republic;
(c) which are owned by at least 50% by nationals of the Member States of the Community or of the Czech Republic or by a company with its head office in one of those countries, the Director or Directors, the Chairman of the Management Board or the Supervisory Board and the majority of the members of those councils are nationals of the Member States of the Community or of the Czech Republic and, moreover, in the case of partnerships or limited liability companies, at least half of the capital belongs to those States, public institutions or nationals of those States;
(d) whose captain and officers are nationals of the Member States of the Community or of the Czech Republic; and
(e) whose crew are at least 75% nationals of the Member States of the Community or of the Czech Republic.
Sufficient worked or processed products
1. For the purposes of Article 2, products which have not been wholly obtained shall be considered to be sufficiently worked or processed if the conditions set out in Annex II are met.
The above conditions shall lay down, for all products covered by this Agreement, working or processing which must be carried out on non-originating materials used in manufacturing and shall apply only in respect of such materials. It follows that where an intermediate product is used in the manufacture of another product which acquires originating status by fulfilling the conditions set out in Annex II, it is not subject to the conditions applicable to the product in which the intermediate product is incorporated and no non-originating materials used in the manufacture of the intermediate product are taken into account.
2. Notwithstanding the provisions of paragraph 1, non-originating materials which, under the conditions set out in Annex II, should not be used in the manufacture of a product may be used provided that:
(a) their total value does not exceed 10% of the ex-works price of the product;
(b) no percentage of the maximum value of non-originating materials set out in Annex II is exceeded by application of this paragraph.
This paragraph shall not apply to products falling within Chapters 50 to 63 of the Harmonised System.
(3) Paragraphs 1 and 2 shall apply with the exception of the provisions of Article 7.
Insufficient working or processing
1. Without prejudice to paragraph 2, the following operations shall be considered as insufficient working or processing to confer originating status, regardless of compliance with the requirements referred to in Article 6:
(a) operations which, by way of protection, ensure good condition during transport and storage (ventilation, distribution, drying, cooling, salt loading, sulphur dioxide or other aqueous solutions, removal of damaged parts and similar operations);
(b) simple operations consisting of the removal of dust, sifting or casting, sorting, classification, grouping (including the formation of sets of articles), washing, painting, cutting;
(c) (i) changes in packaging, dismantling and assembly of consignments;
(ii) simple storage in bottles, flasks, bags, boxes, fixing on cards or plates, etc., and all other simple packing operations;
(d) the affixing of marks, labels and other distinguishing marks to products or their packaging;
(e) simple mixing of products, whether or not of a different kind, if one or more components of the mixture do not comply with the conditions laid down in this Protocol which would allow them to be regarded as originating in the Community or the Czech Republic;
(f) simple assembly of parts to create a complete product;
(g) a combination of two or more operations referred to in points (a) to (f);
(h) slaughter of animals.
2. All operations carried out with the products in question in the Community or the Czech Republic shall be considered jointly when deciding whether the working or processing to which they have been subjected is considered insufficient within the meaning of paragraph 1.
Unit of qualification
1. The unit of qualification for the application of the provisions of this Protocol shall be the specific product which is considered as the basic unit for classification in the Harmonised System nomenclature.
It follows that:
(a) where a product, consisting of a set or assembly of articles, is classified in one heading in accordance with the rules of the Harmonised System, the whole constitutes a determining unit;
(b) where the consignment consists of a number of identical products classified in the same Harmonised System heading, each product must be taken individually when applying the rules of this Protocol.
2. Where, under General Rule 5 for the interpretation of the Harmonised System, packaging is included with the product, it is also included in the same heading for the purpose of determining origin.
Accessories, spare parts and tools
Accessories, spare parts and tools sent with equipment, machine, apparatus or vehicle which are part of the normal equipment and are included in the price or are not separately invoiced shall be considered as a whole of such equipment, machinery, apparatus or vehicles.
Sets
Sets as defined in General Rule 3 for the interpretation of the Harmonised System shall be regarded as originating if all parts of them are originating. However, if the set consists of originating and non-originating products, the total shall be deemed to be originating if the value of the non-originating products does not exceed 15% of the ex-works price of the set.
Neutral elements
For the purposes of determining whether the product is originating, it is not necessary to determine the origin of the following elements which may be used in its manufacture:
(a) electricity and fuel;
(b) equipment and equipment;
(c) machinery and tools;
(d) goods which are not or are not intended to be part of the final composition of the product.
TERRITORIAL REQUIREMENTS
Territorial principle
1. The conditions laid down in Title II concerning the acquisition of originating status must be fulfilled in the Community or the Czech Republic without interruption, except for the provisions of Article 2.1. (c) and 4.
2. Originating products exported from the Community or the Czech Republic to another country which return, except the provisions of Article 4, shall be considered as non-originating unless it is possible to demonstrate to the satisfaction of the customs authorities that:
(a) the reimported goods are the same as those exported; and
(b) has not been subjected to any operation other than that necessary to preserve it in good condition in the country or when exported.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 67 / 1997 Coll., on the negotiation of Decision No. 3 / 96 Association Council, Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, of 29 November 1996 amending Protocol 4 to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1997 |
|---|---|
| Effective from | 01.01.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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