The position to be adopted on the Union’s behalf within the Joint Committee established by the Agreement on the European Economic Area (the ‘EEA Agreement’) at its next meeting, as regards the amendment of the EEA Agreement by replacing Protocol 4 thereto by a new protocol which includes a dynamic reference to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Joint Committee attached to this Decision.
Council Decision (EU) 2024/3200 of 5 December 2024 on the position to be adopted on behalf of the European Union within the Joint Committee set up by the Agreement on the European Economic Area as regards the amendment of that Agreement by replacing Protocol 4 thereto on rules of origin (Text with EEA relevance)
Council Decision (EU) 2024/3200 of 5 December 2024 on the position to be adopted on behalf of the European Union within the Joint Committee set up by the Agreement on the European Economic Area as regards the amendment of that Agreement by replacing Protocol 4 thereto on rules of origin (Text with EEA relevance)
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 Agreement on the European Economic Area (the ‘EEA Agreement’) was concluded by the Union by means of Decision 94/1/ECSC, EC of the Council and the Commission(1) and entered into force on 1 January 1994.
(2) Protocol 4 to the EEA Agreement (‘Protocol 4’) defines the concept of ‘originating products’ and lays down methods of administrative cooperation. Pursuant to Article 98 of the EEA Agreement, the Joint Committee established under Article 92 of the EEA Agreement (the ‘Joint Committee’) may decide to amend Protocol 4 to the EEA Agreement.
(3) At its next meeting, or by an Exchange of Letters, the Joint Committee is to take a decision amending the EEA Agreement by replacing Protocol 4.
(4) It is appropriate to establish the position to be adopted on the Union’s behalf within the Joint Committee as the decision of the Joint Committee will have legal effects.
(5) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by Council Decision 2013/94/EU(2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention (the ‘Contracting Parties’), which apply without prejudice to the principles laid down in those bilateral agreements.
(6) The Convention was amended by Decision No 1/2023 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin(3) (the ‘amendment of the Convention’).
(7) The amendment of the Convention enters into force on 1 January 2025 in relation to all Contracting Parties, including between the parties to the EEA Agreement.
(8) Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Joint Committee is to take a decision replacing Protocol 4 with a new protocol which includes a dynamic reference to the Convention, so as to refer always to the latest version of the Convention in force. In the absence of such a reference, the effective application of the amendment of the Convention would not be ensured, thus creating a situation in which EEA origin would be determined based on rules of origin that are different from those set out in the amendment of the Convention.
(9) Apart from the inclusion of a dynamic reference to the Convention, the provisions of Protocol 4 that are specific to the EEA, such as the rules on EEA origin, should be maintained in the new protocol, and the joint declarations, which should remain unchanged, should also be maintained.
(10) The position of the Union within the Joint Committee should therefore be based on the attached draft decision,
HAS ADOPTED THIS DECISION:
Article 1
Article 2
This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2025.
Done at Brussels, 5 December 2024.
For the Council
The President
Nagy B.
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 Agreement on the European Economic Area (the ‘EEA Agreement’) was concluded by the Union by means of Decision 94/1/ECSC, EC of the Council and the Commission(1) and entered into force on 1 January 1994.
(2) Protocol 4 to the EEA Agreement (‘Protocol 4’) defines the concept of ‘originating products’ and lays down methods of administrative cooperation. Pursuant to Article 98 of the EEA Agreement, the Joint Committee established under Article 92 of the EEA Agreement (the ‘Joint Committee’) may decide to amend Protocol 4 to the EEA Agreement.
(3) At its next meeting, or by an Exchange of Letters, the Joint Committee is to take a decision amending the EEA Agreement by replacing Protocol 4.
(4) It is appropriate to establish the position to be adopted on the Union’s behalf within the Joint Committee as the decision of the Joint Committee will have legal effects.
(5) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by Council Decision 2013/94/EU(2) and entered into force in relation to the Union on 1 May 2012. It lays down provisions on the origin of goods traded under relevant bilateral free trade agreements concluded between the Contracting Parties to the Convention (the ‘Contracting Parties’), which apply without prejudice to the principles laid down in those bilateral agreements.
(6) The Convention was amended by Decision No 1/2023 of the Joint Committee of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin(3) (the ‘amendment of the Convention’).
(7) The amendment of the Convention enters into force on 1 January 2025 in relation to all Contracting Parties, including between the parties to the EEA Agreement.
(8) Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Joint Committee is to take a decision replacing Protocol 4 with a new protocol which includes a dynamic reference to the Convention, so as to refer always to the latest version of the Convention in force. In the absence of such a reference, the effective application of the amendment of the Convention would not be ensured, thus creating a situation in which EEA origin would be determined based on rules of origin that are different from those set out in the amendment of the Convention.
(9) Apart from the inclusion of a dynamic reference to the Convention, the provisions of Protocol 4 that are specific to the EEA, such as the rules on EEA origin, should be maintained in the new protocol, and the joint declarations, which should remain unchanged, should also be maintained.
(10) The position of the Union within the Joint Committee should therefore be based on the attached draft decision,
HAS ADOPTED THIS DECISION: