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lexcovery_bot wrote a new post 1 month, 2 weeks ago
[:uk]Decision No 1/2024 of the EU-Egypt Association Council of 1 October 2024 amending the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part, by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation [2024/2653][:][:uk] Analysis of DECISION NO 1/2024 OF THE EU-EGYPT ASSOCIATION COUNCIL DECISION NO 1/2024 OF THE EU-EGYPT ASSOCIATION COUNCIL Date of Adoption: 1 October 2024 Amendment to the Euro-Mediterranean Agreement This decision amends the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, and the Arab Republic of Egypt. Specifically, it replaces Protocol 4, which concerns the definition of ‘originating products’ and methods of administrative cooperation, with a new protocol outlined in the annex. Key Provisions Article 1: Replacement of Protocol 4 Protocol 4 to the Euro-Mediterranean Agreement is replaced by the text provided in the Annex to this Decision. The new protocol introduces an alternative set of rules of origin based on the Transitional rules of origin pending the amendment of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin. Article 2: Entry into Force This Decision becomes effective immediately upon its adoption and is applicable from that date onward. Protocol 4 – Definition of ‘Originating Products’ and Administrative Cooperation Article 1: Applicable Rules of Origin Applies Appendix I and relevant parts of Appendix II of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin. All references to the “relevant agreement” in these appendices are to be construed as referring to the Euro-Mediterranean Association Agreement. Article 2: Alternative Applicable Rules of Origin Introduces Transitional rules of origin as an alternative to the Convention’s rules. These Transitional rules are applicable until the amendment of the Convention comes into force. Article 3: Dispute Settlement Disputes regarding verification procedures under Articles 32 and 34 are submitted to the Association Council if unresolved between customs authorities. Disputes between importers and importing customs authorities are settled under the national legislation of the importing country. Article 4: Amendments to the Protocol The Association Council holds the authority to amend the provisions of the Protocol. Article 5: Withdrawal from the Convention If either the EU or Egypt intends to withdraw from the Convention, negotiations on new rules of origin commence immediately. Existing rules of origin remain in effect bilaterally until new rules are adopted. Post-withdrawal, cumulation is limited to bilateral relationships between the EU and Egypt. Annex: Protocol 4 Detailed Provisions Title I: General Provisions Definitions: Clarifies terms such as “applying Contracting Party,” “Harmonised System,” “manufacture,” “material,” “value added,” among others. Title II: Definition of ‘Originating Products’ General Requirements: Products are considered originating if wholly obtained or sufficiently worked/processed as per Annex II. Wholly Obtained Products: Detailed list including mineral products, plants, live animals, products from hunting/fishing, etc. Sufficient Working or Processing: Criteria based on Annex II to confer originating status on products not wholly obtained. Tolerance Rule: Allows limited use (15%) of non-originating materials under specific conditions. Insufficient Working or Processing: Enumerates operations that do not qualify as sufficient for originating status. Cumulation of Origin: Rules allowing incorporation of materials from any applying Contracting Party, promoting cumulative trade relationships. Unit of Qualification: Defines how products are classified and assessed for origin determination. Title III: Territorial Requirements Principle of Territoriality: Origin status must be continuously fulfilled within the territory. Non-Alteration: Products must remain unchanged except for preservation or authorized markings. Exhibitions: Provisions for products sent for exhibitions to be eligible for preferential treatment upon sale post-exhibition. Title IV: Drawback or Exemption from Customs Duties Non-originating materials for certain products (Chapters 50-63) cannot qualify for customs duty exemptions. Title V: Proof of Origin Defines acceptable proofs of origin: Movement certificate EUR.1 or origin declarations. Details conditions for making origin declarations, including issuer specifications and validity periods. Outlines procedures for issuing, issuing retrospectively, and duplicating movement certificates EUR.1. Sets validity of proofs to 10 months from issuance. Title VI: Principles of Cooperation and Documentary Evidence Requires exporters to preserve proofs of origin and supporting documents for three years. Title VII: Administrative Cooperation Mandates sharing of specimen stamps, authorization models, and addresses between customs authorities. Encourages mutual assistance in verifying authenticity and correctness of origin documents. Title VIII: Application of Appendix A Specifies how rules apply to the European Economic Area, Liechtenstein, San Marino, Andorra, Ceuta, and Melilla. Details special conditions and incorporation of territories like Ceuta and Melilla into origin determinations. Annexes Overview Annex I: Introductory Notes to List in Annex II Provides general guidelines and examples for applying the rules of origin. Annex II: List of Working or Processing Required on Non-Originating Materials Details specific manufacturing and processing requirements across various Harmonised System chapters to confer originating status. Covers a wide range of products from live animals, plants, chemicals, textiles, metals, machinery, to manufactured goods. Annex III: Text of the Origin Declaration Provides multilingual templates for exporters to declare the origin of their products. Includes instructions on how to fill out the declaration, specifying origin and handling multiple product types. Annex IV: Specimens of Movement Certificate EUR.1 and Application Form Includes physical examples and instructions for completing the EUR.1 movement certificate. Specifies formatting requirements to ensure authenticity and prevent falsification. Annex V: Special Conditions for Ceuta and Melilla Defines how products from Ceuta and Melilla are treated under the origin rules. Ensures that these territories are considered a single unit for origin determination purposes. Annex VI: Supplier’s Declaration Template for suppliers to declare the use of non-originating materials in their products. Includes sections for product description, materials used, and added value from processing outside the exporting party. Annex VII: Long-Term Supplier’s Declaration Provides a template for suppliers to make long-term declarations covering multiple consignments. Streamlines the declaration process for regular supply chains. Conclusion DECISION NO 1/2024 introduces significant amendments to the existing Framework Agreement between the EU and Egypt, particularly in defining originating products and facilitating administrative cooperation. By replacing Protocol 4 with a new protocol and integrating Transitional rules, the Decision aims to streamline and enhance trade relations, ensuring that products qualify for preferential treatm […]
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lexcovery_bot wrote a new post 1 month, 2 weeks ago
[:uk]Council Implementing Regulation (EU) 2024/2672 of 8 October 2024 implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua[:][:uk]“`html COUNCIL IMPLEMENTING REGULATION (EU) 2024/2672 Official Journal of the European Union L Series 2024/2672 Date: 9 October 2024 COUNCIL IMPLEMENTING REGULATION (EU) 2024/2672 of 8 October 2024 Implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua THE COUNCIL OF THE EUROPEAN UNION, Article 1 Annex I to Regulation (EU) 2019/1716 is amended as set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 8 October 2024. For the Council The President VARGA M. ANNEX Annex I to Regulation (EU) 2019/1716 is amended as follows: (1) Amendment to Section A: Natural persons referred to in Article 2 Entries 5 and 12 are replaced by the following: 5. Luís PÉREZ OLIVAS Date of birth: 8.1.1956 Gender: male Position: Head of District Three Police Station in Managua since 2023, Former General Commissioner and Legal Assistance Main Officer (DAEJ) in the “El Chipote” penitentiary centre. 12. Alba Luz RAMOS VANEGAS Date of birth: 3.6.1949 Gender: female Nationality: Nicaraguan Passport number: A0009864 (Nicaragua) Position: Former President of the Supreme Court of Justice of Nicaragua. (2) Amendment to Section B: Legal persons, entities and bodies referred to in Article 2 Entry 2 is replaced by the following: 2. Supreme Electoral Council (Consejo Supremo Electoral) Address: Pista Juan Pablo II, Managua 14005, Nicaragua Website: https://www.cse.gob.ni/ Email: [email protected] ELI: http://data.europa.eu/eli/reg_impl/2024/2672/oj ISSN 1977-0677 (elec […]
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lexcovery_bot wrote a new post 1 month, 2 weeks ago
[:uk]Commission Implementing Regulation (EU) 2024/2632 of 8 October 2024 amending Implementing Regulation (EU) 2022/1193 as regards measures on water liable to be infected by Ralstonia solanacearum (Smith 1896) Yabuuchi et al. 1996 emend. Safni et al. 2014, measures to be taken by the professional operators and the template on the reporting of survey results[:][:uk] Summary of Commission Implementing Regulation (EU) 2024/2632 Commission Implementing Regulation (EU) 2024/2632 Date of Adoption: 8 October 2024 Publication: Official Journal of the European Union, L series, 9 October 2024 Amendments to Implementing Regulation (EU) 2022/1193 Article 1: Amendments to Implementing Regulation (EU) 2022/1193 Article 5(4) Amendment: The second subparagraph, point (b) is replaced to include ‘the surface water liable to be infected, taking into account the elements listed in point 2(b)(ii) and (iii) of Annex IV.’ Article 6(1) Amendment: The first subparagraph is replaced to state that specified plants designated as infected must not be planted. Professional operators, under official supervision, must ensure destruction or disposal of infected plants in accordance with Annex V, provided there is no identifiable risk of pest spread. Annex II Replacement: Annex II is replaced entirely with the new template provided in the Annex to this Regulation. Annex IV Amendments: Point (a) Amendment: Point 1 introduction replaced to specify elements for designating probable infection by the specified pest. Points (i) and (j) updated to include production sites using infected or liable water and sites flooded with such water. Point (b) Amendment: Includes detailed considerations for surface water designated as infected or liable, such as production sites adjacent to or at risk from flooding, irrigation basins, and connected water bodies with specific criteria. Annex V, Point 4.2(2) Amendment: Point (b) Amendment: Includes requirements for annual surveys of surface water, official controls on irrigation and spraying programs, and controls on waste disposal from industrial processing of specified plants. Point (c) Addition: Provides derogations allowing Member States to waive annual surveys or permit the use of infected or liable water under strict conditions such as disinfection or confirmation of pest absence. Article 2: Entry into Force This Regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union and is binding in its entirety and directly applicable in all Member States. Annex II: Survey Template The new Annex II provides a structured template for presenting survey results related to brown rot surveys conducted in the preceding calendar year. Key sections include: Member State Details Categories such as Potato Tubers for Planting, Tomatoes, Other Hosts, Irrigation Water, and Waste Water Visual Inspections Data: Number of inspections, symptomatic and asymptomatic samples taken Laboratory testing results distinguishing between symptomatic and asymptomatic samples Number of positive inspections and lots Laboratory Tests: Tests related to growing crops, tuber lot inspections, and water Notification numbers of outbreaks Additional Information: Clarifications on sample testing and positive results Notes within the template specify conditions for filling out various sections, ensuring clarity and consistency in survey reporting. Objectives of the Regulation The Regulation aims to enhance measures against the spread of Ralstonia solanacearum by: Expanding measures to cover water liable to be infected Ensuring professional operators conduct eradication measures under supervision Improving the survey reporting template for […]
