# Council Decision (EU) 2016/436 of 15 March 2016 on the position to be adopted, on behalf of the European Union, within the Customs Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the replacement of Protocol II to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, Attachment

Extent: E+W+S+N.I.

DRAFT
DECISION No …/2016 OF THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE
of …
replacing Protocol II to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE,
Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Article 38 of Protocol II to that Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
Whereas:
(1)
Article 144(2) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (the ‘Agreement’), refers to Protocol II to the Agreement (‘Protocol II’) which lays down the rules of origin and provides for cumulation of origin between the Union and the Republic of Moldova.
(2)
Most of the provisions on trade and trade-related matters of the Agreement, including Protocol II, have been applied provisionally since 1 September 2014.
(3)
Article 38 of Protocol II provides that the Customs Sub-Committee provided for in Article 200 of the Agreement may decide to amend the provisions of that Protocol.
(4)
The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (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.
(5)
The Union signed the Convention on 15 June 2011. The Joint Committee of the Convention decided, by Decision No 2 of 21 May 2014, that the Republic of Moldova should be invited to accede to the Convention.
(6)
The Union and the Republic of Moldova deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 31 July 2015, respectively. Consequently, pursuant to Article 10(3) of the Convention, the Convention entered into force in relation to the Union and the Republic of Moldova on 1 May 2012 and 1 September 2015, respectively.
(7)
Protocol II should therefore be replaced by a new protocol making reference to the Convention,
HAS ADOPTED THIS DECISION:
Done at …,
For the Customs Sub-Committee
The Chairman

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Source: https://www.legislation.gov.uk/eudn/2016/436/attachment/1 (the official version)
Page: https://openlegislation.uk/eu-decision-2016-436/attachment-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.