The Republic of Slovenia (hereinafter called Slovenia) and the Republic of Lithuania (hereinafter called Lithuania),
Having regard to the Free Trade Agreement between the Republic of Slovenia, of the one part, and the Republic of Lithuania, of the other part, signed in Vilnius, 4 October 1996, and in particular Article 38 thereof,
Whereas the definition of the term “originating products” needs to be amended to ensure the proper operation of the extended system of cumulation which permits the use of materials originating in Slovenia, Lithuania, the European Community, Poland, Hungary, the Czech Republic, the Slovak Republic, Bulgaria, Romania, Latvia, Estonia, Turkey, the European Economic Area (hereinafter referred to as the EEA), Iceland, Norway and Switzerland;
Whereas it would seem advisable to revise the Articles concerning the amounts in order to fully take into consideration the entry into force of the euro;
Whereas, to take account of changes in processing techniques and shortages of certain raw materials, some corrections must be made to the list of working and processing requirements which non-originating material have to fulfil to qualify for originating status,
HAVE DECIDED AS FOLLOWS:
Article 1
Protocol 3 concerning the definition of the concept of “originating products” and methods of administrative cooperation is hereby amended as follows:
1. In Articles 21 and 26 the word “ECUs” shall be replaced by “euro”.
2. Article 30 shall be replaced by the following:
“Article 30
Amounts expressed in euro
1. Amounts in the national currency of the exporting country equivalent to the amounts expressed in euro shall be fixed by the exporting country and communicated to the importing country .
2. When the amounts exceed the corresponding amounts fixed by the importing country, the latter shall accept them if the products are invoiced in the currency of the exporting country. When the products are invoiced in the currency of another country referred to in Articles 3 and 4, the importing country shall recognise the amount notified by the country concerned.
3. The amounts to be used in any given national currency shall be the equivalent in that national currency of the amounts expressed in euro as at the first working day of October 1999.
4. The amounts expressed in euro and their equivalents in the national currencies of Slovenia and Lithuania shall be reviewed by the Joint Committee at the request of Slovenia or Lithuania. When carrying out this review, the Joint Committee shall ensure that there will be no decrease in the amounts to be used in national currency and shall furthermore consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.”
3. Annex II shall be amended as follows:
(a) the entry for HS heading 1904 shall be replaced by:
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(b) the entry for HS heading 2207 shall be replaced by:
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(c) the entry for HS Chapter 57 shall be replaced by:
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(d) the entry for HS heading 8401 shall be replaced by:
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(e) the following shall be inserted between the entries for HS heading Nos 9606 and 9612:
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Article 2
This Additional Protocol No. 2 shall enter into force fifteen days after the last notification of the Party that its internal legal procedures related to entering into force of the Additional Protocol have been completed.
This Additional Protocol No. 2 shall be applied provisionally as of 1 January 2000.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto, have signed this Additional Protocol.
DONE at Vilnius, this 21th day of December one thousand nine hundred and ninety nine in duplicate copies in the Slovenian, Lithuanian and English languages, all texts being equally authentic. In case of divergences the English text shall prevail.
For the Republic
of Slovenia:
Boris Frlec, (s)
For the Republic
of Lithuania:
Algimantas Rimkunas, (s)