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Date: 11-Dec-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/3028 of 21 November 2024 on the position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement on the European Economic Area, with regard to a decision establishing the general requirements for proofs of origin issued electronically under Article 17(4) of Appendix A to Protocol 4 to that Agreement

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • Council Decision (EU) 2024/3028 outlines the EU's position within the Joint Committee established by the Agreement on the European Economic Area (EEA) regarding a decision on general requirements for electronically issued proofs of origin under Article 17(4) of Appendix A to Protocol 4 of the EEA Agreement.
  • The decision aims to establish a framework for the use of electronic proofs of origin within the EEA, aligning with the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and its transitional rules.

Key Changes

  • The Council adopted a decision on November 21, 2024, to define the EU's stance within the EEA Joint Committee concerning electronic proofs of origin.
  • This decision is linked to Article 17(4) of Appendix A to Protocol 4 of the EEA Agreement, which addresses proofs of origin issued electronically.
  • The decision acknowledges the Regional Convention on pan-Euro-Mediterranean preferential rules of origin and its amendment, which is set to enter into force on January 1, 2025.
  • It also refers to the transitional rules agreed upon by the Contracting Parties to the Convention, which allow for less strict rules of origin and the use of electronic proofs of origin.
  • Decision of the EEA Joint Committee No 163/2022 replaced Protocol 4 to the EEA Agreement and the transitional rules are set out in Appendix A to that new Protocol 4.
  • The decision will expire on December 31, 2025.

Impact Analysis

Businesses/Traders

  • Action Item: Businesses should monitor the implementation of the decision and adapt their customs practices accordingly.

Customs Authorities

  • Action Item: Customs authorities should provide training to their staff on the new procedures for handling electronic proofs of origin.

EU Institutions

  • Action Item: The Council should monitor the impact of the decision on trade between the EU and EEA countries.

Key Entities Referenced

European Union (EU): A political and economic union of member states located primarily in Europe. European Economic Area (EEA): An agreement that extends the EU's single market to Iceland, Liechtenstein, and Norway. Joint Committee: A committee established under Article 92 of the EEA Agreement responsible for taking decisions related to the agreement. Regional Convention on pan-Euro-Mediterranean preferential rules of origin: An agreement establishing preferential rules of origin between various countries in the pan-Euro-Mediterranean region. Protocol 4 to the EEA Agreement: A protocol to the EEA Agreement that contains rules of origin. Appendix A to Protocol 4 to the EEA Agreement: Sets out transitional rules.
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Official Journal EN of the European Union L series 2024/3028 11.12.2024 COUNCIL DECISION (EU) 2024/3028 of 21 November 2024 on the position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement on the European Economic Area, with regard to a decision establishing the general requirements for proofs of origin issued electronically under Article 17(4) of Appendix A to Protocol 4 to that Agreement THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: (1) The Agreement on the European Economic Area (the ‘EEA Agreement’) was concluded by the Union by Decision 94/1/ECSC, EC of the Council and the Commission (1) and entered into force on 1 January 1994. (2) Pursuant to Article 93 of the EEA Agreement, the Joint Committee established under Article 92 of the EEA Agreement (the ‘Joint Committee’) shall take decisions. (3) At its next meeting, the Joint Committee is to take a decision establishing the general requirements for proofs of origin issued electronically. (4) It is appropriate to establish the position to be adopted on the Union’s behalf within the Joint Committee as the decision of the Joint Committee will have legal effects. (5) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the ‘Convention’) was concluded by the Union by Council Decision 2013/94/EU (2) and entered into force in relation to the Union on 1 May 2012. By Decision (EU) 2019/2198 (3), the Council supported the amendment of the Convention providing for a new set of modernised and more flexible rules of origin (the ‘amendment of the Convention’). The amendment of the Convention will enter into force on 1 January 2025. (6) At the technical meeting held in Brussels on 5 February 2020, the majority of the Contracting Parties to the Convention agreed to implement an alternative set of rules of origin based on the amendment of the Convention on a transitional, bilateral basis (the ‘Transitional rules’). The Transitional rules apply in parallel with the rules of the Convention, pending the entry into force of the amendment of the Convention. (7) The application of the Transitional rules ensures the adaptation of the trade flows and customs practices pending the entry into force of the amendment of the Convention. (8) Since 1 September 2021, a number of bilateral protocols on rules of origin among several Contracting Parties to the Convention (4) have entered in force, rendering the Transitional rules applicable pending the entry into force of the (1) Decision 94/1/ECSC, EC of the Council and the Commission of 13 December 1993 on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (OJ L 1, 3.1.1994, p. 1). (2) Council Decision 2013/94/EU of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (OJ L 54, 26.2.2013, p. 3). (3) Council Decision (EU) 2019/2198 of 25 November 2019 on the position to be taken on behalf of the European Union within the Joint Committee established by the Regional Convention on pan-Euro-Mediterranean preferential rules of origin as regards the amendment of the Convention (OJ L 339, 30.12.2019, p. 1). (4) The European Union, Iceland, the Swiss Confederation (including Lichtenstein), the Kingdom of Norway, the Faroe Islands, the State of Israel, the Hashemite Kingdom of Jordan, Palestine (this designation shall not be construed as recognition of a State of Palestine and is without prejudice to the individual positions of the Member States on this issue), the Republic of Albania, Bosnia and Herzegovina, Kosovo (this designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence), the Republic of North Macedonia, the Republic of Serbia, Montenegro, Georgia, the Republic of Moldova and Ukraine. ELI: http://data.europa.eu/eli/dec/2024/3028/oj 1/2EN OJ L, 11.12.2024 amendment of the Convention. As regards the European Economic Area (‘EEA’), Protocol 4 to the EEA Agreement was replaced by a new Protocol 4 by Decision of the EEA Joint Committee No 163/2022 (5). The Transitional rules are set out in Appendix A to that new Protocol 4. (9) The two main objectives of the Transitional rules are, firstly, to provide for less strict rules, making it easier for goods to qualify for preferential originating status and, secondly, to enable the use of proofs of origin that have been issued electronically and/or submitted electronically. (10) The Contracting Parties to the EEA Agreement have agreed to apply Article 17(4) of Appendix A to Protocol 4 to the EEA Agreement as regards proofs of origin issued electronically. Therefore, a framework of general requirements for proofs of origin issued electronically should be determined. (11) The position of the Union within the Joint Committee should therefore be based on the attached draft decision, HAS ADOPTED THIS DECISION: Article 1 The position to be adopted on the Union’s behalf within the Joint Committee established by the Agreement on the European Economic Area (the ‘EEA Agreement’) at its next meeting, with regard to a decision establishing the general requirements for proofs of origin issued electronically under Article 17(4) of Appendix A to Protocol 4 to the EEA Agreement, shall be based on the draft decision of the Joint Committee attached to this Decision. Article 2 This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2025. Done at Brussels, 21 November 2024. For the Council The President SZIJJÁRTÓ P. (5) Decision of the EEA Joint Committee No 163/2022 of 29 April 2022 amending Protocol 4 to the EEA Agreement, on rules of origin (OJ L 246, 22.9.2022, p. 133). 2/2 ELI: http://data.europa.eu/eli/dec/2024/3028/oj

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