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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

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

f1

OJ L 111, 24.4.2012, p. 2.

f2

OJ L 111, 24.4.2012, p. 1.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex
  5. CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’AND METHODS OF ADMINISTRATIVE COOPERATION
  6. GENERAL PROVISIONS
  7. 1Definitions
  8. DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’
  9. 2General requirements
  10. 3Cumulation in the Community
  11. 4Cumulation in the ESA States
  12. 5Cumulation with neighbouring developing countries
  13. 6Wholly obtained products
  14. 7Sufficiently worked or processed products
  15. 8Insufficient working or processing
  16. 9Unit of qualification
  17. 10Accessories, spare parts and tools
  18. 11Sets
  19. 12Neutral elements
  20. 13Accounting segregation
  21. TERRITORIAL REQUIREMENTS
  22. 14Principle of territoriality
  23. 15Non-alteration
  24. 16Exhibitions
  25. 17Shipment of sugar
  26. PROOF OF ORIGIN
  27. 18General requirements
  28. 19Procedure for the issue of a movement certificate EUR.1
  29. 20Movement certificates EUR.1 issued retrospectively
  30. 21Issue of a duplicate movement certificate EUR.1
  31. 22Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously
  32. 23Conditions for making out an invoice declaration
  33. 24Approved exporter
  34. 25Validity of proof of origin
  35. 26Transit procedure
  36. 27Submission of proof of origin
  37. 28Importation by instalments
  38. 29Exemptions from proof of origin
  39. 30Information procedure for cumulation purposes
  40. 31Supporting documents
  41. 32Preservation of proof of origin and supporting documents
  42. 33Discrepancies and formal errors
  43. 34Amounts expressed in euro
  44. ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION
  45. 35Administrative conditions for products to benefit from the Agreement
  46. 36Notification by customs authorities of the Parties
  47. 37Mutual assistance
  48. 38Verification of proof of origin
  49. 39Verification of suppliers’ declarations
  50. 40Dispute settlement
  51. 41Penalties
  52. 42Free zones
  53. 43Customs Cooperation Committee
  54. 44Derogations
  55. CEUTA AND MELILLA
  56. 45Special conditions
  57. FINAL PROVISIONS
  58. 46Amendments to the Protocol
  59. 47Annexes
  60. 48Implementation of the Protocol
  61. Annex I TO PROTOCOL 1: INTRODUCTORY NOTES TO THE LIST IN ANNEX II
  62. Note 1:
  63. Division
  64. Note 2:
  65. Division
  66. Note 3:
  67. Division
  68. Note 4:
  69. Division
  70. Note 5:
  71. Division
  72. Note 6:
  73. Division
  74. Note 7:
  75. Division
  76. 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
  77. 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)
  78. Annex III TO PROTOCOL 1FORM FOR MOVEMENT CERTIFICATE
  79. MOVEMENT CERTIFICATE
  80. APPLICATION FOR A MOVEMENT CERTIFICATE
  81. DECLARATION BY THE EXPORTER
  82. Annex IV TO PROTOCOL 1INVOICE DECLARATION
  83. Annex V A TO PROTOCOL 1SUPPLIER DECLARATION FOR PRODUCTS HAVING PREFERENTIAL ORIGIN STATUS
  84. NOTE
  85. Division
  86. (2)Division (2)
  87. (3)Division (3)
  88. (4)Division (4)
  89. (5)Division (5)
  90. Annex V B TO PROTOCOL 1SUPPLIER DECLARATION FOR PRODUCTS NOT HAVING PREFERENTIAL ORIGIN STATUS
  91. NOTE
  92. Division
  93. (2)Division (2)
  94. (3)Division (3)
  95. (4)Division (4)
  96. (5)Division (5)
  97. (6)Division (6)
  98. (7)Division (7)
  99. (8)Division (8)
  100. (9)Division (9)
  101. Annex VI TO PROTOCOL 1INFORMATION CERTIFICATE
  102. Annex VII TO PROTOCOL 1FORM FOR APPLICATION FOR A DEROGATION
  103. NOTES
  104. Division
  105. Annex VIII TO PROTOCOL 1NEIGHBOURING DEVELOPING COUNTRIES
  106. Annex IX TO PROTOCOL 1OVERSEAS COUNTRIES AND TERRITORIES
  107. 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
  108. Annex XI TO PROTOCOL 1OTHER ACP STATES
  109. Annex XII TO PROTOCOL 1: PRODUCTS ORIGINATING IN SOUTH AFRICA EXCLUDED FROM CUMULATIONPROVIDED FOR IN ARTICLE 4
  110. PROCESSED AGRICULTURAL PRODUCTS
  111. BASIC AGRICULTURAL PRODUCTS
  112. INDUSTRIAL PRODUCTS
  113. FISHERY PRODUCTS
  114. Annex XIII TO PROTOCOL 1: PRODUCTS ORIGINATING IN SOUTH AFRICA FOR WHICH THE CUMULATION PROVISIONSOF ARTICLE 4 APPLY AFTER 31 DECEMBER 2009
  115. BASIC AGRICULTURAL PRODUCTS
  116. Annex
  117. concerning the Principality of Andorra
  118. 1Division 1
  119. 2Division 2
  120. concerning the Republic of San Marino
  121. 1Division 1
  122. 2Division 2
  123. Attachment
  124. 1Article 1
  125. 2Article 2