Council Decision (EU) 2024/2144 of 22 July 2024 on the position to be taken on behalf of the European Union in the EPA Committee established under the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

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:

The interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part⁽¹⁾ (‘the Agreement’), was signed by the Union pursuant to Council Decision 2009/152/EC⁽²⁾ and has been applied on a provisional basis by Cameroon since 4 August 2014.
Pursuant to Article 13(2) of the Agreement, the EPA Committee may adopt a reciprocal common regime governing the rules of origin.
In accordance with Article 13(2) and Article 108 of the Agreement, the reciprocal common regime governing the rules of origin is to be annexed to the Agreement in the form of a Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (the ‘Protocol’) and is to form an integral part thereof.
At its annual meeting in 2024 or by written procedure, the EPA Committee is to adopt a decision as regards the Protocol.
The Protocol takes into account the most recent developments in order to provide more flexible and simpler rules of origin, with a view to facilitating trade for economic operators and optimising the use of the preferential treatment provided for in the Agreement.
It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as that decision will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union in the next annual meeting of the EPA Committee established under the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a decision of the EPA Committee on the Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be based on the draft decision of the EPA Committee attached to this Decision.

Article 2

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

Done at Brussels, 22 July 2024.

For the Council

The President

J. Borrell Fontelles

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:

The interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part⁽¹⁾ (‘the Agreement’), was signed by the Union pursuant to Council Decision 2009/152/EC⁽²⁾ and has been applied on a provisional basis by Cameroon since 4 August 2014.
Pursuant to Article 13(2) of the Agreement, the EPA Committee may adopt a reciprocal common regime governing the rules of origin.
In accordance with Article 13(2) and Article 108 of the Agreement, the reciprocal common regime governing the rules of origin is to be annexed to the Agreement in the form of a Protocol concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (the ‘Protocol’) and is to form an integral part thereof.
At its annual meeting in 2024 or by written procedure, the EPA Committee is to adopt a decision as regards the Protocol.
The Protocol takes into account the most recent developments in order to provide more flexible and simpler rules of origin, with a view to facilitating trade for economic operators and optimising the use of the preferential treatment provided for in the Agreement.
It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as that decision will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1

Article 2

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

TITLE I GENERAL PROVISIONS

Article 1 Definitions

TITLE II DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS

Article 2 General requirements

Article 3 Wholly obtained products

Article 4 Sufficiently worked or processed products

Article 5 Insufficient working or processing operations

Article 6 Working or processing of materials imported into the European Union free of duty

Article 7 Cumulation of origin

Article 8 Cumulation with countries or territories benefiting from duty-free quota-free access under the EU scheme of generalised tariff preferences

Article 9 Cumulation with countries or territories benefiting from duty-free quota-free access under preferential agreements or arrangements of the European Union

Article 10 Unit of qualification

Article 11 Accessories, spare parts and tools

Article 12 Sets

Article 13 Neutral elements

Article 14 Accounting segregation

TITLE III TERRITORIAL REQUIREMENTS

Article 15 Principle of territoriality

Article 16 Non-alteration

Article 17 Exhibitions

TITLE IV PROOF OF ORIGIN

Article 18 General requirements

Article 19 Procedure for the issue of a movement certificate EUR.1

Article 20 Movement certificates EUR.1 issued retrospectively

Article 21 Issue of a duplicate movement certificate EUR.1

Article 22 Conditions for making out an origin declaration

Article 23 Validity of proof of origin

Article 24 Submission of proof of origin

Article 25 Importation by instalments

Article 26 Exemptions from proof of origin

Article 27 Information procedure for cumulation purposes

Article 28 Supporting documents

Article 29 Preservation of proof of origin and supporting documents

Article 30 Discrepancies and clerical errors

Article 31 Amounts expressed in euro

TITLE V ADMINISTRATIVE COOPERATION

Article 32 Administrative conditions for products to benefit from the Agreement

Article 33 Notification of customs authorities

Article 34 Other methods of administrative cooperation

Article 35 Verification of proof of origin

Article 36 Verification of suppliers’ declarations

Article 37 Dispute settlement

Article 38 Penalties

Article 39 Free zones

Article 40 Derogations

TITLE VI CEUTA AND MELILLA

Article 41 Special conditions

Article 42 Specific conditions

TITLE VII FINAL PROVISIONS

Article 43 Revision and application of rules of origin

Article 44 Annexes

Article 45 Implementation of this Protocol

Article 46 Transitional provisions for goods in transit or storage

ANNEX IIntroductory notes to the list in Annexes II and II A

ANNEX IIList of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status

ANNEX II ADerogations from the list of working or processing to be carried out on non-originating materials in order for the product manufactured to acquire originating status, in accordance with Article 4(2)