Uredba o ratifikaciji Protokola o definiciji pojma "izdelki s poreklom" in načinih upravnega sodelovanja, s katerim se spreminja Sporazum o prosti trgovini med Republiko Slovenijo in Republiko Estonijo

Dr. BORIS FRLEC
    Minister of Foreign Affairs

Ljubljana, 16 November 1998

Your Excellency,
    I have the honour to inform you that, regarding the Free Trade Agreement between the Republic of Slovenia and the Republic of Estonia, signed in Tallinn on 26 November 1996, particularly its Protocol 2, the Government of the Republic of Slovenia proposes the conclusion of the Protocol, amending the Free Trade Agreement, concerning the definition of the concept of “originating products“ and methods of administrative cooperation, which reads as follows:

Article 1

Protocol 2 concerning the definition of the concept of “originating products“ and methods of administrative cooperation is hereby amended as follows:
    1. Article 1(i) shall be replaced by:

“(i) “added value” shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in Slovenia or Estonia.“

2. Articles 3 and 4 shall be replaced by:

“Article 3

Cumulation in Slovenia

1. Without prejudice to the provisions of Article 2 paragraph 1, products shall be considered as originating in Slovenia if such products are obtained there, incorporating materials originating in Slovenia, Estonia, the European Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Iceland, Norway, Switzerland (including Liechtenstein)(1) or Turkey in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Slovenia and each of these countries, provided that the working or processing carried out in Slovenia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.
    2. Where the working or processing carried out in Slovenia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Slovenia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Slovenia.
    3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Slovenia, retain their origin if exported into one of these countries.
    4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.

Article 4

Cumulation in Estonia

1. Without prejudice to the provisions of Article 2 paragraph 2, products shall be considered as originating in Estonia if such products are obtained there, incorporating materials originating in Estonia, Slovenia, the European Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Iceland, Norway, Switzerland (including Liechtenstein)(2) or Turkey in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Estonia and each of these countries, provided that the working or processing carried out in Estonia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.
    2. Where the working or processing carried out in Estonia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Estonia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Estonia.
    3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Estonia, retain their origin if exported into one of these countries.
    4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.“
    3. Article 12 shall be replaced by the following:

“1. Except as provided for in Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must continue to be fulfilled at all times in Slovenia or Estonia.

2. Except as provided for in Articles 3 and 4, where originating goods exported from Slovenia or Estonia to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
    (a) the returning goods are the same as those that were exported; and
    (b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
    3. The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside Slovenia or Estonia on materials exported from Slovenia or Estonia and subsequently reimported there, provided:
    (a) the said materials are wholly obtained in Slovenia or Estonia or have undergone working or processing beyond the insufficient operations listed in Article 7 prior to being exported; and
    (b) it can be demonstrated to the satisfaction of the customs authorities that:
    i) the reimported goods have been obtained by working or processing the exported materials; and
    ii) the total added value acquired outside Slovenia or Estonia by applying the provisions of this Article does not exceed 10% of the ex-works price of the end product for which originating status is claimed.
    4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside Slovenia or Estonia. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside Slovenia or Estonia by applying the provisions of this Article, shall not exceed the stated percentage.
    5. For the purposes of applying the provisions of paragraphs 3 and 4, “total added value“ shall be taken to mean all costs arising outside Slovenia or Estonia, including the value of the materials incorporated there.
    6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II and which can be considered sufficiently worked or processed only if the general values fixed in Article 6(2) are applied.
    7. The provisions of paragraphs 3 and 4 shall not apply to products coming under Chapters 50 to 63 of the Harmonised System.
    8. Any working or processing of the kind covered by the provisions of this Article and done outside Slovenia or Estonia shall be done under the outward processing arrangements, or similar arrangements.“
    4. In Articles 13, 14, 15, 17, 21, 27, 30 and 32 the phrase “referred to in Article 4“ shall be replaced by “referred to in Articles 3 and 4“.
    5. In the last paragraph of Article 15(6) the date “31 December 1998“ shall be replaced by “31 December 2000“.
    6. In Article 26 the reference “C2/CP3“ shall be replaced by “CN22/CN23“.
    7. In Annex I, Note 5.2, “current conducting filaments“ shall be added between “artificial man-made filaments“ and “synthetic man-made staple fibres of polypropylene“.
    8. In Annex I, Note 5.2 the fifth example (“A carpet with tufts... are met.“) shall be deleted.
    9. In Annex II, between the rules for HS headings 2202 and 2208 the following rule shall be inserted:

&fbco;binary entityId="26adb25f-5a61-44be-99f8-5884e83df4cc" type="gif"&fbcc;

10. In Annex II, the rule for Chapter 57 shall be replaced by:

&fbco;binary entityId="1ba35dac-3f31-4c4b-ac6f-2dd7dc7c4b60" type="gif"&fbcc;

11. In Annex II, the rule for HS heading 7006 shall be replaced by:

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12. In Annex II, the rule for HS heading 7601 shall be replaced by:

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13. In Annex IV, the Slovenian version of the invoice declaration shall be replaced by the following text:

“Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št..... (1b)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno....(2b)poreklo.“

Article 2

This Protocol shall enter into force on the date of the last notification on the fulfilment of the internal legal procedure for its entry into force and shall be provisionally applied from 1 January 1999.
    If the foregoing proposal is acceptable to the Government of the Republic of Estonia, I have the honour to propose that the present letter and your Excellency’s reply to that effect shall constitute the Protocol, amending the Free Trade Agreement between the Republic of Slovenia and the Republic of Estonia.

1 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.
    
    2 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.

Välisminister
    Minister of Foreign Affairs
    Republic of Estonia

Tallinn, 29 December 1998
 
                                                                  No 7-2/14986

Your Excellency,
    With reference to your letter of 16 November 1998 I have the pleasure to advise of the Estonian Government’s approval of the amendments harmonizing Protocol 2 concerning the definition of the concept of “originating products“ and methods of administrative cooperation, constituting an integral part of the Free Trade Agreement between the Republic of Slovenia and the Republic of Estonia with the modifications in the Rules of Origin of the bilateral Association Agreement between the Contracting Parties and the European Union. Therefore I have the honour to inform you that I fully agree with the proposal of the Government of the Republic of Slovenia for conclusion of the Protocol, amending the Free Trade Agreement, concerning the definition of the concept of “originating products“ and methods of administrative cooperation, as follows:

Article 1

Protocol 2 concerning the definition of the concept of “originating products“ and methods of administrative cooperation is hereby amended as follows:
    1. Article 1(i) shall be replaced by:

“(i) ´added value` shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originate in the other countries referred to in Articles 3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in Slovenia or Estonia.“

2. Articles 3 and 4 shall be replaced by:

“Article 3

Cumulation in Slovenia

1. Without prejudice to the provisions of Article 2 paragraph 1, products shall be considered as originating in Slovenia if such products are obtained there, incorporating materials originating in Slovenia, Estonia, the European Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Iceland, Norway, Switzerland (including Liechtenstein)(1) or Turkey in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Slovenia and each of these countries, provided that the working or processing carried out in Slovenia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.
    2. Where the working or processing carried out in Slovenia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Slovenia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Slovenia.
    3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Slovenia, retain their origin if exported into one of these countries.
    4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.

Article 4

Cumulation in Estonia

1. Without prejudice to the provisions of Article 2 paragraph 2, products shall be considered as originating in Estonia if such products are obtained there, incorporating materials originating in Estonia, Slovenia, the European Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, Iceland, Norway, Switzerland (including Liechtenstein)(2) or Turkey in accordance with the provisions of the Protocol on rules of origin annexed to the Agreements between Estonia and each of these countries, provided that the working or processing carried out in Estonia goes beyond that referred to in Article 7 of this Protocol. It shall not be necessary that such materials have undergone sufficient working or processing.
    2. Where the working or processing carried out in Estonia does not go beyond the operations referred to in Article 7, the product obtained shall be considered as originating in Estonia only where the value added there is greater than the value of the materials used originating in any one of the other countries referred to in paragraph 1. If this is not so, the product obtained shall be considered as originating in the country which accounts for the highest value of originating materials used in the manufacture in Estonia.
    3. Products, originating in one of the countries referred to in paragraph 1, which do not undergo any working or processing in Estonia, retain their origin if exported into one of these countries.
    4. The cumulation provided for in this Article may only be applied to materials and products which have acquired originating status by an application of rules of origin identical to those given in this Protocol.“
    3. Article 12 shall be replaced by the following:

“1. Except as provided for in Articles 3 and 4 and paragraph 3 of this Article, the conditions for acquiring originating status set out in Title II must continue to be fulfilled at all times in Slovenia or Estonia.

2. Except as provided for in Articles 3 and 4, where originating goods exported from Slovenia or Estonia to another country return, they must be considered as non-originating, unless it can be demonstrated to the satisfaction of the customs authorities that:
    (a) the returning goods are the same as those that were exported; and
    (b) they have not undergone any operation beyond that necessary to preserve them in good condition while in that country or while being exported.
    3. The acquisition of originating status in accordance with the conditions set out in Title II shall not be affected by working or processing done outside Slovenia or Estonia on materials exported from Slovenia or Estonia and subsequently reimported there, provided:
    (a) the said materials are wholly obtained in Slovenia or Estonia or have undergone working or processing beyond the insufficient operations listed in Article 7 prior to being exported; and
    (b) it can be demonstrated to the satisfaction of the customs authorities that:
    i) the reimported goods have been obtained by working or processing the exported materials; and
    ii) the total added value acquired outside Slovenia or Estonia by applying the provisions of this Article does not exceed 10% of the ex-works price of the end product for which originating status is claimed.
    4. For the purposes of paragraph 3, the conditions for acquiring originating status set out in Title II shall not apply to working or processing done outside Slovenia or Estonia. But where, in the list in Annex II, a rule setting a maximum value for all the non-originating materials incorporated is applied in determining the originating status of the end product, the total value of the non-originating materials incorporated in the territory of the party concerned, taken together with the total added value acquired outside Slovenia or Estonia by applying the provisions of this Article, shall not exceed the stated percentage.
    5. For the purposes of applying the provisions of paragraphs 3 and 4, “total added value“ shall be taken to mean all costs arising outside Slovenia or Estonia, including the value of the materials incorporated there.
    6. The provisions of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II and which can be considered sufficiently worked or processed only if the general values fixed in Article 6(2) are applied.
    7. The provisions of paragraphs 3 and 4 shall not apply to products coming under Chapters 50 to 63 of the Harmonised System.
    8. Any working or processing of the kind covered by the provisions of this Article and done outside Slovenia or Estonia shall be done under the outward processing arrangements, or similar arrangements.“
    4. In Articles 13, 14, 15, 17, 21, 27, 30 and 32 the phrase “referred to in Article 4“ shall be replaced by “referred to in Articles 3 and 4“.
    5. In the last paragraph of Article 15(6) the date “31 December 1998“ shall be replaced by “31 December 2000“.
    6. In Article 26 the reference “C2/CP3“ shall be replaced by “CN22/CN23“.
    7. In Annex I, Note 5.2, “current conducting filaments“ shall be added between “artificial man-made filaments“ and “synthetic man-made staple fibres of polypropylene“.
    8. In Annex I, Note 5.2 the fifth example (“A carpet with tufts... are met.“) shall be deleted.
    9. In Annex II, between the rules for HS headings 2202 and 2208 the following rule shall be inserted:

&fbco;binary entityId="7386a3eb-aba8-4870-953d-faf181e2d6cb" type="gif"&fbcc;

10. In Annex II, the rule for Chapter 57 shall be replaced by:

&fbco;binary entityId="13f6451f-f026-4dbd-9b66-c11344a3bab7" type="jpg"&fbcc;

11. In Annex II, the rule for HS heading 7006 shall be replaced by:

&fbco;binary entityId="761d5bb5-142f-49fd-b00c-e7ecedceef36" type="gif"&fbcc;

12. In Annex II, the rule for HS heading 7601 shall be replaced by:

&fbco;binary entityId="0e3560f8-5663-4c67-8547-b7f8f0609774" type="jpg"&fbcc;

13. In Annex IV, the Slovenian version of the invoice declaration shall be replaced by the following text:

“Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št..... (1b)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno....(2b)poreklo.“

Article 2

This Protocol shall enter into force on the date of the last notification on the fulfillment of the internal legal procedure for its entry into force and shall be provisionally applied from 1 January 1999.
    Excellency, please accept the assurances of my highest consideration.

1 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.
    
    2 The Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the Agreement on the European Economic Area.