The position to be adopted on behalf of the European Union within the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway, as regards the replacement of Protocol 3 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new Protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Joint Committee attached to this Decision.
Minor changes to the draft decision may be agreed to by the representatives of the Union in the Joint Committee without further decision of the Council.
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.
The decision of the Joint Committee shall be published in the Official Journal of the European Union .
This Decision shall enter into force on the date of its adoption.
It shall apply from 1 September 2014.
This Decision shall enter into force on the date of its adoption.
ANNEXSupplementary provisions
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
1. Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of Protocol 3 to the Agreement, as amended by Decision No 1/2005 of the EU-Norway Joint Committee of 20 December 2005 ( 2 ) , shall continue to apply between the EU and Norway until the Convention has entered into application in relation to all Contracting Parties listed in Articles 3 and 4 of Protocol 3 to the Agreement.
2. 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 and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.
( 1 )
OJ L 54, 26.2.2013, p. 4 .
( 2 )
OJ L 117, 2.5.2006, p. 2 .
