Considerations on COM(2024)505 -

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dossier COM(2024)505 - .
document COM(2024)505
date October 31, 2024
 
(1) The Agreement on the European Economic Area (‘EEA Agreement’) was concluded by the Union by Decision 94/1/ECSC, EC of the Council and the Commission0 and entered into force on 1 January 1994. Protocol 4 thereto, on rules of origin, defines the concept of ‘originating’ products and lays down method of administrative cooperation.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee established by Article 92 of the EEA Agreement (‘Joint Committee’) may decide to amend Protocol 4 to that Agreement.

(3) The Joint Committee, during its next meeting or by exchange of letters is to adopt a Decision on an amendment of Protocol 4 to the EEA Agreement.

(4) It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, as the Decision will be binding on the Union.

(5) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (‘the Convention’) was concluded by the Union by Council Decision 2013/94/EU0 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, 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 of 7 December 20230. The current applicable rules of origin in Protocol 4 should be replaced by the amendment to the Convention.

(7) The amendment to the Convention enters into force on 1 January 2025 in relation to all Contracting Parties, including between the parties to the EEA Agreement. To ensure effective and immediate application of the amendment to the Convention between the parties to the EEA Agreement, a reference to the Convention should be introduced in Protocol 4, so as to always refer to the latest version of the Convention in force. In the absence of such reference, the effective application of the amendment to the Convention would not be ensured thus creating a situation in which the common EEA origin would be determined based on different rules of origin than the rules of origin of the amendment to the Convention.

(8) Additional to the reference to the Convention, EEA specific provisions should be maintained in Protocol 4 and the Joint declarations should remain intact and included thereto.

(9) 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 should adopt a decision introducing in Protocol 4 to the EEA Agreement a reference to the Convention so as to always refer to the latest version of the Convention in force.