Decision of the EU-Norway Joint Committee No 1/2016 of 8 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2016/385]

17.3.2016 EN Official Journal of the European Union L 72/63 DECISION OF THE EU-NORWAY JOINT COMMITTEE No 1/2016 of 8 February 2016 amending Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2016/385] THE JOINT COMMITTEE, Having regard to the Agreement between the European Economic Community and the Kingdom of Norway, signed in Brussels on 14 May 1973 (1), (‘the Agreement’), and in particular its Article 11, Having regard to Protocol 3 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (2), (‘Protocol 3’), Whereas: (1) Article 11 of the Agreement refers to Protocol 3 which lays down the rules of origin and provides for cumulation of origin between the EU, Norway, Switzerland (including Liechtenstein), Iceland, Turkey, the Faroe Islands and the participants in the Barcelona Process, namely Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Palestine (3), Syria and Tunisia. (2) Article 39 of Protocol 3 provides that the Joint Committee provided for in Article 29 of the Agreement may decide to amend the provisions of this protocol. (3) The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (4), (‘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. (4) The EU and Norway signed the Convention on 15 June 2011. (5) The EU and Norway deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 9 November 2011, respectively. Consequently, in application of its Article 10(3), the Convention entered into force in relation to the EU and Norway on 1 May 2012 and 1 January 2012, respectively. (6) The Convention has included the participants in the Stabilisation and Association Process and the Republic of Moldova in the pan-Euro-Mediterranean zone of cumulation of origin. (7) Protocol 3 to the Agreement should therefore be amended so as to make reference to the Convention, HAS ADOPTED THIS DECISION: Article 1 Protocol 3 to the Agreement, 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. (1) OJ L 171, 27.6.1973, p. 2. (2) OJ L 117, 2.5.2006, p. 2. (3) The 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 the issue. (4) OJ L 54, 26.2.2013, p. 4.L 72/64 EN Official Journal of the European Union 17.3.2016 Article 2 This Decision shall enter into force on the date of its adoption. It shall apply from 1 May 2015. Done at Brussels, 8 February 2016. For the Joint Committee The President Petros SOURMELIS17.3.2016 EN Official Journal of the European Union L 72/65 ANNEX Protocol 3 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation Article 1 Applicable rules of origin 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. 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 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 this verification, they shall be submitted to the Joint Committee. 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 Joint Committee may decide to amend the provisions of this Protocol. Article 4 Withdrawal from the Convention 1. Should either the EU or Norway give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to its Article 9, the EU and Norway 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 EU and Norway only. Article 5 Transitional provisions — cumulation Notwithstanding Articles 16(5) and 21(3) of Appendix I of the Convention, where cumulation involves only EFTA States, the Faroe Islands, the EU, Turkey, the participants in the Stabilisation and Association Process and the Republic of Moldova, the proof of origin may be a movement certificate EUR.1 or an origin declaration. (1) OJ L 54, 26.2.2013, p. 4.