DECISION No 2/2009 OF THE EC-SWITZERLAND JOINT COMMITTEE

of 13 July 2009

amending Protocol No 3 to the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(2009/707/EC)

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation, signed in Brussels on 22 July 1972, hereinafter referred to as ‘the Agreement’,

Having regard to Protocol No 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, hereinafter referred to as ‘Protocol No 3’, and in particular Article 39 thereof,

Whereas:

(1) Bulgaria and Romania, hereinafter referred to as ‘new Member States’, acceded to the European Union on 1 January 2007.

(2) After accession of the new Member States, goods originating in those new Member States imported into Switzerland in the framework of the Agreement should be treated as of Community origin.

(3) This requires some technical amendments to the text of Protocol No 3 of the Agreement between the European Economic Community and the Swiss Confederation concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation.

(4) Trade between the new Member States and Switzerland should therefore be subject from 1 January 2007 to the Agreement as amended by this Act. The application of the trade agreement concluded between Switzerland and the new Member States before their accession should therefore be discontinued from the same date. Transitional measures should ensure the transition process and guarantee legal security.

(5) Amendments were introduced as from 1 January 2007 into the Nomenclature governed by the Convention on the Harmonised Commodity Description and Coding System (Harmonised System). As those amendments were not intended to change the rules of origin it is necessary, in order to maintain the status quo, that Annex II to Protocol No 3 should be amended accordingly.

(6) In view of the number of changes to be made in Annexes II, IVa and IVb clarity requires it to be replaced in its entirety.

(7) Protocol No 3 as amended should apply from 1 January 2007,

HAS DECIDED AS FOLLOWS:

SECTION I

AMENDMENTS TO THE TEXT OF THE PROTOCOL

Article 1

Rules of origin

Protocol No 3 is amended as follows:

in Articles 3(1) and 4(1), the reference to the new Member States shall be deleted;

Annex II is replaced by the text set out in Annex I to this Decision;

Annex IVa and Annex IVb are replaced by the text set out in Annex II to this Decision.

SECTION II

TRANSITIONAL PROVISIONS

Article 2

Proof of origin and administrative cooperation

1. Proofs of origin properly issued by either Switzerland or a new Member State in the framework of preferential agreements or autonomous arrangements applied between them shall be accepted in the respective countries, provided each of the following conditions is fulfilled:

(a) the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in the Agreement;

(b) the proof of origin and the transport documents were issued no later than the day before the date of accession;

(c) the proof of origin is submitted to the customs authorities within the period of 4 months from the date of accession.

Where goods were declared for importation in either Switzerland or a new Member State, prior to the date of accession, under preferential agreements or autonomous arrangements applied between Switzerland and that new Member State at that time, proof of origin issued retrospectively under those agreements or arrangements may also be accepted provided that it is submitted to the customs authorities within the period of 4 months from the date of accession.

2. Switzerland and the new Member States are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of preferential agreements or autonomous arrangements applied between them, provided each of the following conditions is fulfilled:

(a) such a provision is also provided for in the agreement concluded prior to the date of accession between Switzerland and the Community; and

(b) the approved exporters apply the rules of origin in force under that agreement.

These authorisations shall be replaced no later than 1 year after the date of accession, by new authorisations issued under the conditions of the Agreement.

3. Requests for subsequent verification of proof of origin issued under the preferential agreements or autonomous arrangements referred to in paragraphs 1 and 2 shall be accepted by the competent customs authorities of either Switzerland or the Member States for a period of 3 years after the issue of the proof of origin concerned and may be made by those authorities for a period of 3 years after acceptance of the proof of origin submitted to those authorities in support of an import declaration.

Article 3

Goods in transit

1. The provisions of the Agreement may be applied to goods exported from either Switzerland to one of the new Member States or from one of the new Member States to Switzerland, which comply with the provisions of Protocol No 3 and that on the date of accession are either in transit or in temporary storage, in a customs warehouse or in a free zone in Switzerland or in that new Member State.

2. Preferential treatment may be granted in such cases, subject to the submission to the customs authorities of the importing country, within 4 months of the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country.

Article 4

This Decision shall enter into force on the day of its adoption.

It shall apply from 1 January 2007.

Done at Brussels, 13 July 2009.

For the Joint Committee

The Chairman

Alan SEATTER

ANNEX

‘ANNEX II

LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS

The products mentioned in the list may not be all covered by the Agreement. It is, therefore, necessary to consult the other parts of the Agreement.