Council Decision (EU) 2019/1319 of 25 June 2019 on the position to be taken on behalf of the European Union within the EPA Committee established under the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, as regards the amendment of certain provisions of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
EU Decision 2019/1319 · Adopted 25 June 2019 · Extends to United Kingdom
Council Decision (EU) 2019/1319
of 25 June 2019
on the position to be taken on behalf of the European Union within the EPA Committee established under the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part, as regards the amendment of certain provisions of Protocol 1 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, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
The Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other partf1 (‘the Agreement’) was concluded by the Union by Council Decision 2012/196/ECf2 and has been provisionally applied since 14 May 2012.
(2)
Pursuant to Articles 13 and 68 of the Agreement and Article 44 of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation to the Agreement (‘the Protocol’), the EPA Committee may adopt amendments to the Protocol.
(3)
The EPA Committee, during its eighth session/meeting, is to adopt a decision amending certain provisions of the Protocol.
(4)
The Protocol requires the amendment of certain provisions in order to update the rules of origin to the most recent developments to provide more flexible and simpler rules of origin aiming at facilitating trade for economic operators and optimising the utilisation rate of the preferential treatment.
(5)
Amendments to products (headings and descriptions) mentioned in Annex II to the Protocol are necessary to align to the updates made by the World Customs Organisation (WCO) on the HS Nomenclature 2012 and 2017 edition and maintain consistency of products descriptions and HS classification with the harmonised system.
(6)
Annex IX to the Protocol lists the overseas countries and territories of the Union. Within the meaning of the Protocol, ‘overseas countries and territories’ mean the countries and territories referred to in Annex II to the Treaty on the Functioning of the European Union. The list should be updated to take account of the recent change of status of some of the overseas countries and territories.
(7)
It is appropriate to establish the position to be taken on the Union’s behalf in the EPA Committee, as the envisaged decision will be binding on the Union,
HAS ADOPTED THIS DECISION:
Annotations to the whole text
Footnotes
Contents
- 1Article 1
- 2Article 2
- Signature
- Annex
- CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’AND METHODS OF ADMINISTRATIVE COOPERATION
- GENERAL PROVISIONS
- 1Definitions
- DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
- 2General requirements
- 3Cumulation in the Community
- 4Cumulation in the ESA States
- 5Cumulation with neighbouring developing countries
- 6Wholly obtained products
- 7Sufficiently worked or processed products
- 8Insufficient working or processing
- 9Unit of qualification
- 10Accessories, spare parts and tools
- 11Sets
- 12Neutral elements
- 13Accounting segregation
- TERRITORIAL REQUIREMENTS
- 14Principle of territoriality
- 15Non-alteration
- 16Exhibitions
- 17Shipment of sugar
- PROOF OF ORIGIN
- 18General requirements
- 19Procedure for the issue of a movement certificate EUR.1
- 20Movement certificates EUR.1 issued retrospectively
- 21Issue of a duplicate movement certificate EUR.1
- 22Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously
- 23Conditions for making out an invoice declaration
- 24Approved exporter
- 25Validity of proof of origin
- 26Transit procedure
- 27Submission of proof of origin
- 28Importation by instalments
- 29Exemptions from proof of origin
- 30Information procedure for cumulation purposes
- 31Supporting documents
- 32Preservation of proof of origin and supporting documents
- 33Discrepancies and formal errors
- 34Amounts expressed in euro
- ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
- 35Administrative conditions for products to benefit from the Agreement
- 36Notification by customs authorities of the Parties
- 37Mutual assistance
- 38Verification of proof of origin
- 39Verification of suppliers’ declarations
- 40Dispute settlement
- 41Penalties
- 42Free zones
- 43Customs Cooperation Committee
- 44Derogations
- CEUTA AND MELILLA
- 45Special conditions
- FINAL PROVISIONS
- 46Amendments to the Protocol
- 47Annexes
- 48Implementation of the Protocol
- Annex I TO PROTOCOL 1: INTRODUCTORY NOTES TO THE LIST IN ANNEX II
- Note 1:
- Division
- Note 2:
- Division
- Note 3:
- Division
- Note 4:
- Division
- Note 5:
- Division
- Note 6:
- Division
- Note 7:
- Division
- Annex II TO PROTOCOL 1LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS
- Annex II(a) TO PROTOCOL 1DEROGATIONS FROM THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS, ACCORDINGLY TO ARTICLE 7(2)
- Annex III TO PROTOCOL 1FORM FOR MOVEMENT CERTIFICATE
- MOVEMENT CERTIFICATE
- APPLICATION FOR A MOVEMENT CERTIFICATE
- DECLARATION BY THE EXPORTER
- Annex IV TO PROTOCOL 1INVOICE DECLARATION
- Annex V A TO PROTOCOL 1SUPPLIER DECLARATION FOR PRODUCTS HAVING PREFERENTIAL ORIGIN STATUS
- NOTE
- Division
- (2)Division (2)
- (3)Division (3)
- (4)Division (4)
- (5)Division (5)
- Annex V B TO PROTOCOL 1SUPPLIER DECLARATION FOR PRODUCTS NOT HAVING PREFERENTIAL ORIGIN STATUS
- NOTE
- Division
- (2)Division (2)
- (3)Division (3)
- (4)Division (4)
- (5)Division (5)
- (6)Division (6)
- (7)Division (7)
- (8)Division (8)
- (9)Division (9)
- Annex VI TO PROTOCOL 1INFORMATION CERTIFICATE
- Annex VII TO PROTOCOL 1FORM FOR APPLICATION FOR A DEROGATION
- NOTES
- Division
- Annex VIII TO PROTOCOL 1NEIGHBOURING DEVELOPING COUNTRIES
- Annex IX TO PROTOCOL 1OVERSEAS COUNTRIES AND TERRITORIES
- Annex X TO PROTOCOL 1PRODUCTS FOR WHICH THE CUMULATION PROVISIONS REFERRED TO IN ARTICLES 3 AND 4 APPLY AFTER 1 OCTOBER 2015 AND TO WHICH THE PROVISIONS OF ARTICLE 5 SHALL NOT BE APPLICABLE
- Annex XI TO PROTOCOL 1OTHER ACP STATES
- Annex XII TO PROTOCOL 1: PRODUCTS ORIGINATING IN SOUTH AFRICA EXCLUDED FROM CUMULATIONPROVIDED FOR IN ARTICLE 4
- PROCESSED AGRICULTURAL PRODUCTS
- BASIC AGRICULTURAL PRODUCTS
- INDUSTRIAL PRODUCTS
- FISHERY PRODUCTS
- Annex XIII TO PROTOCOL 1: PRODUCTS ORIGINATING IN SOUTH AFRICA FOR WHICH THE CUMULATION PROVISIONSOF ARTICLE 4 APPLY AFTER 31 DECEMBER 2009
- BASIC AGRICULTURAL PRODUCTS
- Annex
- concerning the Principality of Andorra
- 1Division 1
- 2Division 2
- concerning the Republic of San Marino
- 1Division 1
- 2Division 2
- 1Article 1
- 2Article 2