2013/94/EU: Council Decision of 26 March 2012 on the conclusion of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

• Articles: 15

Article 1

The Regional Convention on pan-Euro-Mediterranean preferential rules of origin is hereby approved on behalf of the European Union.

The text of the Convention is attached to this Decision.

Article 1

1.   This Convention lays down provisions on the origin of goods traded under the relevant Agreements concluded between the Contracting Parties.

2.   The concept of ‘originating products’ and the methods of administrative cooperation relating thereto are set out in the Appendixes to this Convention.

Appendix I sets out general rules for the definition of the concept of originating products and the methods of administrative cooperation.

Appendix II sets out special provisions applicable between certain Contracting Parties and derogating from the provisions laid down in Appendix I.

3.   The following are Contracting Parties to this Convention:

—

the European Union,

—

the EFTA States as listed in the Preamble,

—

the Kingdom of Denmark in respect of the Faroe Islands,

—

the participants in the Barcelona Process as listed in the Preamble,

—

the participants in the European Union’s Stabilisation and Association Process as listed in the Preamble.

With respect to the European Union, this Convention shall apply to the territory in which the Treaty on European Union is applicable, as defined in Article 52 of that Treaty and Article 355 of the Treaty of the Functioning of the European Union.

Article 2

The President of the Council shall designate the person empowered, on behalf of the European Union, to deposit the instrument of acceptance provided for in Article 10 of the Convention.

Article 2

For the purposes of this Convention:

(1)

‘Contracting Party’ means those listed in Article 1(3);

(2)

‘third party’ means any neighbouring country or territory which is not a Contracting Party,

(3)

‘relevant Agreement’ means a free trade agreement between two or more Contracting Parties, which refers to this Convention.

Article 3

The Commission shall represent the European Union in the Joint Committee established by Article 3 of the Convention. Representatives of Member States may attend the Joint Committee meetings.

Article 3

1.   A Joint Committee is hereby established in which each Contracting Party shall be represented.

2.   The Joint Committee shall act by unanimity, without prejudice to Article 5(4).

3.   The Joint Committee shall meet whenever necessary, but at least once a year. Any Contracting Party may request that a meeting be held.

4.   The Joint Committee shall adopt its own rules of procedure, which shall, inter alia , contain provisions for convening meetings and for the designation of the chairperson and his term of office.

5.   The Joint Committee may decide to set up any sub-committee or working group that can assist it in carrying out its duties.

Article 4

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

Article 4

1.   It shall be the responsibility of the Joint Committee to administer this Convention and ensure its proper implementation. For this purpose, it shall be regularly informed by the Contracting Parties about the experiences they have in the application of this Convention. The Joint Committee shall make recommendations, and in the cases provided for in paragraph 3, shall take decisions.

2.   In particular the Joint Committee shall recommend to the Contracting Parties:

(a)

explanatory notes and guidelines for the uniform application of this Convention;

(b)

any other measures required for its application.

3.   The Joint Committee shall adopt by decision:

(a)

amendments to this Convention including amendments to the Appendixes;

(b)

invitations to third parties to accede to this Convention in accordance with Article 5;

(c)

transitional measures required in the case of the accession of new Contracting Parties.

Decisions referred to in this paragraph shall be put into effect by the Contracting Parties in accordance with their own legislation.

4.   If a representative of a Contracting Party in the Joint Committee has accepted a decision subject to the fulfilment of fundamental legal requirements, the decision shall enter into force, if no date is contained therein, on the first day of the second month after the lifting of the reservation is notified.

Article 5

1.   A third party may become a Contracting Party to this Convention, provided that the candidate country or territory has a free trade agreement in force, providing for preferential rules of origin, with at least one of the Contracting Parties.

2.   A third party shall submit a written request for accession to the depositary.

3.   The depositary shall submit the request to the Joint Committee for its consideration.

4.   The decision of the Joint Committee inviting a third party to accede to this Convention shall be sent to the depositary, which shall, within two months, forward it, together with a text of the Convention in force on that date, to the requesting third party. One single Contracting Party may not oppose that decision.

5.   A third party invited to become a Contracting Party to this Convention shall do so by depositing an instrument of accession with the depositary. The said instruments shall be accompanied by a translation of the Convention into the official language(s) of the acceding third party.

6.   The accession shall become effective on the first day of the second month following the depositing of the instrument of accession.

7.   The depositary shall notify all Contracting Parties of the date on which the instrument of accession was deposited and the date on which the accession will become effective.

8.   Recommendations and decisions of the Joint Committee referred to in Article 4(2) and (3) adopted between the date of submission of the request referred to in paragraph 2 of this Article and the date on which accession becomes effective shall also be communicated to the acceding third party via the depositary.

A declaration accepting such acts shall be inserted either in the instrument of accession or in a separate instrument deposited with the depositary within six months of the communication. If the declaration is not deposited within that period, the accession shall be considered void.

9.   From the date referred to in paragraph 4, the third party concerned may be represented with observer status in the Joint Committee and any sub-committee and working groups.

Article 6

Each Contracting Party shall take appropriate measures to ensure that this Convention is effectively applied, taking account of the need to achieve mutually satisfactory solutions of any difficulties arising from its application.

Article 7

The Contracting Parties shall keep each other informed via the depositary of the measures which they adopt for the implementation of this Convention.

Article 8

The Appendixes to this Convention shall form an integral part thereof.

Article 9

Any Contracting Party may withdraw from this Convention provided it gives 12 months’ notice in writing to the depositary, which shall notify all other Contracting Parties.

Article 10

1.   This Convention shall enter into force on 1 January 2011, in relation to those Contracting Parties which, by then, have deposited their instrument of acceptance with the depositary, provided that at least two Contracting Parties have deposited their instruments of acceptance with the depositary by 31.12.2010.

2.   If this Convention does not enter into force on 1 January 2011, it shall enter into force on the first day of the second month following the deposit of the last instrument of acceptance by at least two Contracting Parties.

3.   In relation to any other Contracting Party than those referred to in paragraphs 1 and 2, this Convention shall enter into force on the first day of the second month following the deposit of its instrument of acceptance.

4.   The depositary shall notify to the Contracting Parties the date of the deposit of the instrument of acceptance of each Contracting Party and the date of the entry into force of this Convention by publishing this information in the Official Journal of the European Union (C series).

Article 11

The General Secretariat of the Council of the European Union shall act as depositary of this Convention.