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Decision No 1 of the EU-Albania Stabilisation and Association Council of 11 May 2015 replacing Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2015/821]

Decision No 1 of the EU-Albania Stabilisation and Association Council of 11 May 2015 replacing Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2015/821]

THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL,

Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part(1), signed in Luxembourg on 12 June 2006, and in particular Article 41 thereof,

Having regard to Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,

Whereas:

  1. Article 41 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (‘the Agreement’) refers to Protocol 4 to the Agreement (‘Protocol 4’) which lays down the rules of origin and provides for cumulation of origin between the European Union, Albania, Turkey and any country or territory participating in the Union's Stabilisation and Association Process.

  2. Article 38 of Protocol 4 provides that the Stabilisation and Association Council provided for in Article 116 of the Agreement may decide to amend the provisions of Protocol 4.

  3. The Regional Convention on pan-Euro-Mediterranean preferential rules of origin(2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. Albania and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

  4. The Union and Albania signed the Convention on 15 June 2011 and 27 June 2011 respectively.

  5. The Union and Albania deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 5 March 2012 respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to both the Union and Albania on 1 May 2012.

  6. Protocol 4 should therefore be replaced by a new protocol making reference to the Convention,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 May 2015.

Done at Brussels, 11 May 2015.

For the Stabilisation and Association Council

The President

F. Mogherini

ANNEX

Protocol 4concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

Article 1 Applicable rules of origin

Article 2 Dispute settlement

Article 3 Amendments to the Protocol

Article 4 Withdrawal from the Convention

Article 5 Transitional provisions — cumulation