Date: 2016-10-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2016 of the EU-Former Yugoslav Republic of Macedonia Stabilisation and Association Council of 20 January 2016 replacing Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2016/1901]
Executive Summary:
This decision of the EU-Former Yugoslav Republic of Macedonia Stabilisation and Association Council replaces Protocol 4 of the Stabilisation and Association Agreement, concerning the definition of originating products and methods of administrative cooperation, with a new protocol referencing the Regional Convention on pan-Euro-Mediterranean preferential rules of origin. The decision entered into force on January 20, 2016, and applies from May 1, 2015. It aims to align the rules of origin with the Convention.
Key Points / Main Content:
* **Replacement of Protocol 4:** Protocol 4 of the Stabilisation and Association Agreement is replaced by the text in the Annex, referencing the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (the Convention).
* **Applicable Rules of Origin:**
* Appendix I and relevant provisions of Appendix II to the Convention apply for implementing the Agreement.
* References to the relevant agreement in the Convention appendices are construed to mean this Agreement.
* **Dispute Settlement:**
* Disputes related to verification procedures that cannot be settled between customs authorities are submitted to the Stabilisation and Association Council.
* Disputes between the importer and the importing country's customs authorities are settled under that country's legislation.
* **Amendments to the Protocol:** The Stabilisation and Association Council may amend the provisions of this Protocol.
* **Withdrawal from the Convention:**
* If either party withdraws from the Convention, negotiations on new rules of origin will immediately commence.
* Until new rules are in force, the rules of origin in the Convention appendices applicable at the moment of withdrawal will continue to apply, but will allow only bilateral cumulation between the EU and the former Yugoslav Republic of Macedonia.
* **Transitional Provisions (Cumulation):**
* Notwithstanding Articles 16 and 5 and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.
Impact Analysis:
European Union:
* Impact: The EU is required to implement and adhere to the new rules of origin as defined by the referenced Convention and any subsequent amendments or transitional provisions.
* Action Required: Ensure customs procedures and trade agreements align with the Convention, and participate in negotiations for new rules of origin if either party withdraws from the Convention.
Former Yugoslav Republic of Macedonia:
* Impact: The former Yugoslav Republic of Macedonia must align its customs and trade practices with the Convention's rules of origin.
* Action Required: Adapt customs procedures, participate in dispute resolution as needed, and be prepared to negotiate new rules of origin if either party withdraws from the Convention.
Importers and Exporters:
* Impact: Importers and exporters trading between the EU and the former Yugoslav Republic of Macedonia must comply with the new rules of origin to benefit from preferential treatment.
* Action Required: Familiarize themselves with the rules of origin defined in the Convention, maintain appropriate documentation (e.g., movement certificates, origin declarations), and understand the dispute settlement procedures.
Customs Authorities (EU and Former Yugoslav Republic of Macedonia):
* Impact: Responsible for enforcing the new rules of origin, conducting verification procedures, and resolving disputes.
* Action Required: Update procedures to reflect the Convention's rules, participate in verification processes, and engage in dispute resolution through the Stabilisation and Association Council if necessary.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
the former Yugoslav Republic of Macedonia: The state formerly known as the Yugoslav Republic of Macedonia, now known as North Macedonia.
Stabilisation and Association Agreement: An agreement between the European Communities and their Member States, and the former Yugoslav Republic of Macedonia.
Stabilisation and Association Council: A council established under the Stabilisation and Association Agreement between the European Union and the former Yugoslav Republic of Macedonia.
Protocol 4: Protocol 4 to the Stabilisation and Association Agreement concerning the definition of the concept of originating products and methods of administrative cooperation.
Regional Convention on panEuroMediterranean preferential rules of origin: A convention aiming to replace the protocols on rules of origin currently in force among the countries of the panEuroMediterranean area with a single legal act.
Turkey: A country located mainly on the Anatolian peninsula in Western Asia, with a smaller portion on the Balkan peninsula in Southeast Europe.
Brussels: The capital of Belgium, where the decision was made.
L 293/58 EN Official Journal of the European Union 28.10.2016
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2016 OF THE EU-FORMER YUGOSLAV REPUBLIC OF MACEDONIA
STABILISATION AND ASSOCIATION COUNCIL
of 20 January 2016
replacing Protocol 4 to the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the former Yugoslav Republic of
Macedonia, of the other part, concerning the definition of the concept of ‘originating products’
and methods of administrative cooperation [2016/1901]
THE EU-FORMER YUGOSLAV REPUBLIC OF MACEDONIA STABILISATION AND ASSOCIATION COUNCIL,
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1), and in particular
Article 40 thereof,
Having regard to Protocol 4 to the Stabilisation and Association Agreement between the European Communities and
their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the
definition of the concept of ‘originating products’ and methods of administrative cooperation,
Whereas:
(1) Article 40 of the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (‘the Agreement’) refers
to Protocol 4 to the Agreement (‘Protocol 4’) which lays down the rules of origin and provides for cumulation of
origin between the European Union, the former Yugoslav Republic of Macedonia, Turkey and any country or
territory participating in the Union's Stabilisation and Association Process.
(2) Article 39 of Protocol 4 provides that the Stabilisation and Association Council provided for in Article 108 of
the Agreement may decide to amend the provisions of Protocol 4.
(3) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to
replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean
area with a single legal act. The former Yugoslav Republic of Macedonia and other participants to the Stabilisation
and Association Process from the Western Balkans were invited to join the system of pan-European diagonal
cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were
invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.
(4) The Union and the former Yugoslav Republic of Macedonia signed the Convention on 15 June 2011.
(5) The Union and the former Yugoslav Republic of Macedonia deposited their instruments of acceptance with the
depositary of the Convention on 26 March 2012 and 14 June 2012, respectively. Consequently, in application of
Article 10(3) of the Convention, the Convention entered into force in relation to the Union and the former
Yugoslav Republic of Macedonia on 1 May 2012 and on 1 August 2012, respectively.
(6) Protocol 4 should therefore be replaced by a new protocol making reference to the Convention,
(1) OJ L 84, 20.3.2004, p. 13.
(2) OJ L 54, 26.2.2013, p. 4.28.10.2016 EN Official Journal of the European Union L 293/59
HAS ADOPTED THIS DECISION:
Article 1
Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States,
of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the definition of the
concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the
Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 May 2015.
Done at Brussels, 20 January 2016.
For the Stabilisation and Association Council
The PresidentL 293/60 EN Official Journal of the European Union 28.10.201628.10.2016 EN Official Journal of the European Union L 293/61L 293/62 EN Official Journal of the European Union 28.10.201628.10.2016 EN Official Journal of the European Union L 293/63
ANNEX
Protocol 4
concerning the definition of the concept of ‘originating products’ and methods of administrative
cooperation
Article 1
Applicable rules of origin
1. For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the
Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
2. All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the
Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this
Agreement.
Article 2
Dispute settlement
1. Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that
cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for
carrying out that verification, they shall be submitted to the Stabilisation and Association Council.
2. In all cases the settlement of disputes between the importer and the customs authorities of the importing country
shall take place under the legislation of that country.
Article 3
Amendments to the Protocol
The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
Article 4
Withdrawal from the Convention
1. Should either the European Union or the former Yugoslav Republic of Macedonia give notice in writing to the
depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the
European Union and the former Yugoslav Republic of Macedonia shall immediately enter into negotiations on rules of
origin for the purpose of implementing this Agreement.
2. Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and,
where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal,
shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in
Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to
allow bilateral cumulation between the European Union and the former Yugoslav Republic of Macedonia only.
(1) OJ L 54, 26.2.2013, p. 4.L 293/64 EN Official Journal of the European Union 28.10.2016
Article 5
Transitional provisions — cumulation
Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA
States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process,
the proof of origin may be a movement certificate EUR.1 or an origin declaration.