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For The Republic Of Latvia And The Republic Of Poland, The Free Trade Agreement Joint Committee Decision No 1/1999 "on Changes In The Republic Of Latvia And The Republic Of Poland, The Free Trade Agreement In The Protocol"

Original Language Title: Par Latvijas Republikas un Polijas Republikas brīvās tirdzniecības līguma Apvienotās komitejas lēmumu Nr.1/1999 "Par izmaiņām Latvijas Republikas un Polijas Republikas brīvās tirdzniecības līguma 3.protokolā"

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia and the Republic of Poland, the free trade agreement Joint Committee decision No 1/1999 "on changes in the Republic of Latvia and the Republic of Poland, the free trade agreement in the Protocol" in article 1. July 1, 1999, Riga, signed in the Republic of Latvia and the Republic of Poland, the free trade agreement Joint Committee decision No 1/1999 "on changes in the Republic of Latvia and the Republic of Poland, the free trade agreement in the Protocol" (hereinafter the decision) this law is adopted and approved. 2. article. The law shall enter into force on the day following its promulgation. With the law put for decision of Latvian and English. 3. article. The decision shall enter into force for the period specified in article 2, and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law on 21 September 2000. State v. President Vaira Vīķe-Freiberga in Riga 2000 on October 4, the Republic of Latvia and the Republic of Poland, the free trade agreement Joint Committee decision No 1/1999 of the changes of the Republic of Latvia and the Republic of Poland, the free trade agreement in the Protocol the Republic of Latvia (Latvia) and the Republic of Poland (Poland), referring to the 1997 April 28 Warsaw signed a free trade agreement between the Republic of Latvia, on the one hand and the Republic of Poland, on the other hand, article 38 and article 36 of the Protocol; Given that the Protocol the term "origin" should be changed to ensure the extended system of cumulation which permits the European Community, the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria, Romania, the Republic of Latvia, the Republic of Lithuania, the Republic of Estonia, the Republic of Slovenia, the European economic area (hereinafter referred to as the "EEA"), Iceland, Norway and Switzerland on the use of the material, a corresponding action; Considering that between the community and Turkey are there specific rules on the acquisition of industrial products should be recommending to continue applying up to 2000 31 December 3. Article 15 of the Protocol of that fixed-rate payment system in relation to the prohibition of pay back customs duty or exemption from it; Considering that it would be necessary to extend the cumulation system to certain goods originating in Turkey, noting that it would be desirable to change the Protocol 3., 4. and the wording of article 12, to facilitate trade and simplify administrative tasks; Considering that it is necessary to clarify the rules and processing to be performed on the list of non-originating materials to obtain originating status, taking account of changes in processing techniques and shortages of certain raw materials, have decided as follows: article 1 3. Protocol on the "origin" of the definition of the concept and methods of administrative cooperation is changed as follows: 1) (i) article 1 is replaced by: "(i) ' added value ' is considered to be the ex-works price minus the material contained in each originating in any of the articles 3 and 4 of these countries or, where the customs value the customs value is not known or cannot be determined, first, that the price to be paid for such goods in Latvia or Poland. "; 2. articles 3 and 4) are replaced by the following: ' article 3 Latvia 1. Cumulation does not have any effect on article 2, paragraph 1, the products will be considered as products originating in Latvia if they are obtained there by incorporating Latvia, community, Poland, Bulgaria, Hungary, the Czech Republic, Slovakia, Romania, Lithuania, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) or materials originating in Turkey, in accordance with the Treaty between Latvia and each of these countries the Protocol on rules of origin of goods conditions ensuring that the working or processing beyond that referred to in article 7 of the Protocol. Such material must not have undergone sufficient working or processing. 2. where the working or processing carried out in Latvia does not exceed the activity referred to in article 7, the product obtained shall be considered as products originating in Latvia only if the value added there is greater than any used from paragraph 1 in the national value of originating materials. If not, the resulting product is considered the origin of the material used for the production of Latvia is the greatest. 3. Products, originating in one of the 1st paragraph of the above countries and which are not subject to any treatment or processing, stores it in Latvia, where the origin is exported to some of these countries. 4. the cumulation provided with this article can be applied only in respect of materials and products that got their origin applying identical rules of origin referred to in this Protocol. Article 4 Cumulation in Poland no 1 without prejudice to article 2, paragraph 2, the products will be considered as products originating in Poland, if they are obtained there by incorporating community of Latvia, Poland, Bulgaria, Hungary, the Czech Republic, Slovakia, Romania, Lithuania, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) or materials originating in Turkey, in accordance with the agreement between Poland and each of these countries the Protocol on rules of origin of goods conditions in Poland, provided that the working or processing carried out in excess of the Protocol referred to in article 7. Such material must not have undergone sufficient working or processing. 2. where the working or processing carried out in Poland does not exceed 7 operations referred to in article, the resulting product will be considered as products originating in Poland only if the value added there is greater than any used from paragraph 1 in the national value of originating materials. If not, the resulting product is considered the origin of the material used for the production of Poland is the greatest. 3. Products, originating in one of the 1st paragraph of the above countries and which are not subject to any treatment or processing in Poland, stores it, if origin are exported to some of these countries. 4. the cumulation provided with this article can be applied only in respect of materials and products that got their origin applying identical rules of origin referred to in this Protocol. ' _____ _____ _____ _____ _____ the Principality of Liechtenstein has a Customs Union with Switzerland, and it is also the European economic area agreement.

3) article 12 is replaced by the following: ' article 12 principle of territoriality 1. except as specified in articles 3 and 4 and paragraph 3 of this article, the conditions described in chapter II acquisition of origin must be completed in Latvia or Poland. 2. Except as provided in articles 3 and 4, where originating goods exported from the Latvian or Polish to another country are sent back, they must be considered as non-originating, unless it can be demonstrated to the Customs authorities that: (a) the goods returned are the same goods that were exported; and (b) they have not been subjected to any actions more than those needed to maintain them in good condition while they were in the country or while being exported. 3. The acquisition of originating status in accordance with the rules described in chapter II will not affect outside Latvia or Poland's or processing materials exported from Latvia and Poland and then reimported there, provided that: (a) the said materials are wholly obtained in Latvia or Poland, or they have made before you export or processing more as described in article 7 insufficient operations; and (b) may be presented to the Customs authorities that: (i) the reimported goods have been obtained by treating or processing the exported materials; and (ii) the total added value acquired outside Latvia or Poland, applying the provisions of this article, shall not exceed 10% of the final product for which originating status is claimed, ex-works prices. 4. for the purposes of paragraph 3 of chapter II described the acquisition of originating status shall not apply to working or processing carried out outside Latvia or Poland. If the list in annex II by determining the originating status of the final product is applied a rule that specifies the maximum value of all the non-originating materials used, all non-originating materials used in the territory of the party concerned, the total value of adding together with the total added value acquired outside Latvia or Poland, applying the provisions of this article do not exceed that quantity percentage. 5. paragraph 3 and 4 for the purposes of the application of the provisions of the ' total added value ' shall mean all costs arising outside Latvia or Poland, including the value of the materials used there. 6. paragraph 3 and 4 of the rules shall not apply to products which do not correspond to the list in annex II, the terms or which may be considered as sufficiently worked or processed only if it is applied in article 6 (2), the General provisions described. 7. paragraph 3 and 4 of the rules shall not apply to products that are described in the harmonized system chapters 50 to 63. 8. any working or processing in the provisions of this article and done outside Latvia and Poland, will be carried out in accordance with the agreements on the conditions for processing or similar contracts. " 4) 13, 14, 15, 17, 21, 27, 30 and 32, the words "articles ... Article 4 … "be replaced with" ... articles 3 and 4. '; 5) in article 15 the following is added to paragraph 5: "Notwithstanding paragraph 1, Poland and Latvia can apply conditions, customs duties or taxes with equivalent effect or the lack of them exceptionally suitable materials that are used in the home products as entities the following conditions: (a)) 5% customs tariff rate is stored in the harmonized system 25-49 and 64-97 Department of the goods, or the lowest rate that is one of the parties; (b)) 10% customs tariff rate may be stored in the harmonized system chapter 50-63 the goods concerned or the lower rate in force in Poland or Latvia. This paragraph shall apply to the provisions of the 2000 December 31 and can be revised by agreement between the parties. 6) 26 (1). the article terms "C2/CP3" be replaced by "CN22/CN23"; 7 5.2 of annex I.) Note: (a) between the enum "-thread" and "artificial-synthetic staple fibres of polypropylene" will insert the following: "-the current leadership threads" (b) the fifth example ("carpet with bouquets ... weight.") will be deleted, 8, annex II) will be changed to the following: (a) the following is inserted between the HS headings 2202 and 2208: "HSpozīcij product description with materials originating not in the working or processing carried out in order to obtain originating status 2207 Undenatured ethyl alcohol of 80% or more alcohol by volume; ethyl alcohol and other spirits, denatured, of any of the content of alcohol production:-the use of materials which are not classified in heading 2207 or 2208 "(b) the entry for section 57 will be changed to:" HS heading description of goods materials originating in the working or processing carried out in order to obtain originating status Chapter 57 carpets and other textile floor coverings:-From the production of needle felt cauršūt from 1:-natural fibres, or chemical materials , or textile pulp However can be used:-polypropylene heading 5402 classified-5503 or 5506 thread position classified polypropylene yarns,-polypropylene filament of heading 5501 tow of the linear density of fibers in all cases of monofilament or is less than 9 decitex, provided that their value does not exceed 40% of the ex works price of the product-the jute fabric may be used for lining-from the rest of the felt manufacture from 1:-not carded or combed or otherwise processed for natural fibres , chemical materials or textile pulp-other manufacture from 1:-coir yarn of jute or of 2,-synthetic or artificial filament yarn,-natural fibres, not carded or combed or otherwise processed for spinning synthetic staple fibres-woven fabrics of jute can be used for lining _____ _____ _____ _____ _____ _____ _____ 1 specific conditions concerning the products, obtained from mixed textile materials, see. 5. introductory. 2 the use of jute yarn is allowed from July 1, 2000. " (c) the entry for HS heading 7006 will be changed to: "7006 headings 7003, 7004 or 7005, bent, classified glass, polished, engraved, drilled, enamelled or otherwise worked, without frame, and not combined with other materials:-glass plate coated with a dielectric coating semiconductor category 1 in accordance with SEMI standards-other manufacture from non-coated glass plate, classified in heading 7006. Manufacture from materials of heading 7001 classified.

_____ _____ _____ 1 1 SEMI-Semiconductor equipment and materials Institute Incorporated. "; (d) HS heading 7601 provisions will be replaced with: more than 50% of the product

"7601 unwrought aluminium production in which:-all the materials used are classified within a heading other than product; and-all the materials used does not exceed 50% of the ex-works price of the product or manufacture from thermal or electrolytic treatment is not molten aluminium or aluminium scrap and scrap ";


Article 2 Decision will enter into force on the fifteenth day following the last notification of the parties about the internal legal procedures for the entry into force requirements. Stating the above, relevant officials have signed this decision. Signed in Riga, July 1, 1999, in two originals, each one Latvian, Polish and English languages, each text being equally authentic. Different interpretations of the event, dominated by the text of the decision in English.

The Republic of Latvia, the Republic of Poland, the economy Ministry State Secretary at the economy Ministry's Secretary of State Kevin Gerhard Anna Skowronsk-Luczynsk the Decision From 1/1999 of the Joint Committee of the free trade agreement between the Republic of Latvia and the Republic of Poland on the Amendments to the Protocol 3 on rules of Origin to the free trade agreement between the Republic of Latvia and the Republic of Poland

-The Republic of Latvia (hereinafter called Corporation) and the Republic of Poland (hereinafter called Poland), Having regards to the free trade agreement between the Republic of Poland, of the one part, and the Republic of Latvia, of the other part, signed in Warsaw on 28 April 1997, and in particular article 38 thereof and article 36 of the Protocol 3, whereas within this Protocol 3, the definition of the term "originating products" needs to be amended to ensur the proper operation of the extended system of cumulation which permit the use of materials originating in the European Community, the Republic of Poland, the Republic of Hungary, the Czech Republic, the Slovak Republic, the Republic of Bulgaria, Romania, the Republic of Estonia, the Republic of Lithuania, the Republic of Latvia, the Republic of Slovenia, the European Economic area (hereinafter referred to as "the EEA") , Iceland, Norway and Switzerland; Whereas it would be advisabl se to introduce the system of flat rate charges in article 15 of this Protocol 3, in connection with the prohibition of drawback and exemption from customs duty until 31 December 2000; Whereas, in view of the particular subject on industrial products obtaining between the Community and Turkey, it would also be appropriate to extend the cumulation system to such products originating in Turkey; Whereas it is facilitat trade and simplify administrative tasks it is desirabl to amend the wording of articles 3, 4 and 12 of the Protocol 3; Whereas, take account of changes in processing techniques and shortage of certain raw materials, some corrections must be made to the list of working and processing requirements which non-originating materials 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) article 1 shall be replaced by (i): "(i) ' added value ' shall be taken to be the ex-works price minus the customs value of each of the materials incorporated which originat in the other countries referred to in Article3 and 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in Latvia or Poland."; 2 articles 3 and 4) shall be replaced by the following: "article 3 1 of the Cumulation in Latvia without prejudice to the provision of article 2 (1) shall be considered as products originating in Latvia if such products are obtained there, incorporating materials originating in Latvia, the Community, Poland, Bulgaria, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Estonia, Slovenia, Iceland , Norway, Switzerland (including Liechtenstein) or Turkey in accordanc with the provision of the Protocol on rules of origin annexed to the Agreements between the Corporation and each of these countries, provided that the working or processing carried out in Latvia goes beyond that referred to in article 7 of this Protocol. It shall not be not cessary that such material will have sufficient working or processing in undergon. 2. Where the working or processing carried out in Latvia does not go beyond the operations referred to in article 7, the product obtained shall be considered as originating in the United States 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 the United States. 3. Products, originating in one of the countries referred to in paragraph 1, which do not by any working or processing in underg Latvia, 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 Poland 1. Without prejudice to the provision of article 2 (2), shall be considered as products originating in Poland if such products are obtained there, incorporating materials originating in Latvia, the Community, Poland, Bulgaria, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) or Turkey in accordanc with the provision of the Protocol on rules of origin annexed to the agreements between Poland and each of these countries , provided that the working or processing carried out in Poland goes beyond that referred to in article 7 of this Protocol. It shall not be not cessary that such material will have sufficient working or processing in undergon. 2. Where the working or processing carried out in Poland does not go beyond the operations referred to in article 7, the product obtained shall be considered as originating in Poland 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 Poland. 3. Products, originating in one of the countries referred to in paragraph 1, which do not any working or processing of the underg in Poland, retain their origin if exported into one of these countries. 4. The cumulation provided for 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. "; ____ ____ ____ ____ ____ ____ The principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the agreement on the European Economic area.

3 article 12 shall be replaced) by the following: ' article 12 Principle of territoriality 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 Latvia or Poland. 2. Except as provided for in articles 3 and 4, where originating goods exported from the United States or to another country return, they Spain 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 any operations beyond undergon that do not preserve them in the cessary good condition while in that country or while being exported. 3. The acquisition of originating status in accordanc with the conditions set out in title II shall not be affected by working or processing done outside Latvia or Poland on materials exported from Latvia or Poland and subsequently reimported there, provided: (a) the said materials are wholly obtained in Latvia or Poland or have undergon 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 Latvia or Poland by applying the provision of this article does not exceeds 100, 10% of the ex-works price of the end product for which originating status is claimed. 4. For the purpose of paragraph 3, the conditions for acquiring originating status set out in title II shall not apply to working or processing done outside Latvia or Poland. 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 Latvia or Poland by applying the provision of this article , shall not exceeds 100 the stated percentage. 5. For the purpose of applying the provision of paragraphs 3 and 4, "total added value" shall be taken to mean all costs arising outside Latvia or Poland, including the value of the materials incorporated there. 6. The provision of paragraphs 3 and 4 shall not apply to products which do not fulfil the conditions set out in the list in Annex II or which can be considered sufficiently worked or processed only if the general values fixed in article 6 (2) applied. 7. The provision of paragraphs 3 and 4 shall not apply to products coming under Chapter 50 to 63 of the Harmonised System. 8. Any working or processing of the kind covered by the provision of this article and done outside Latvia or Poland 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 article 15 the following paragraph shall be added: ' 6, Notwithstanding paragraph 1, Poland and Latvia may apply arrangements for drawback of, or exemption from, customs duties or charges having an equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provision (a)) (a) 5 per cent of customs charge shall be retained in respect of products falling within Chapter 25 97 49 and 64 to it of the Harmonized System , or such lower rate as is in force in Poland or Latvia; (b)) (a) 10 per cent of customs charge shall be retained in respect of products falling within Chapter 50 to 63 of the Harmonized System, or such lower rate as is in force in Poland or Latvia. The provision of this paragraph shall be apply until 31 December 2000 and may be reviewed by common accord. " 6) In article 26 (1), the terms "C2/CP3 shall be replaced by" CN22/CN23 "; In Annex I, 7) Note 5.2: (a) between the indent "-artificial man-made filament" and "-synthetic man-made staple fibres of polypropylen", the following shall be inserted: "-current conducting filament"; (b) the fifth example ("A carpet with tuft ... with me.") shall be deleted; 8 In Annex II shall be amended) as follows: (a) the following shall be inserted between the entries for HS heading 2202 and 2208 Of the HS heading ":" from the Description of product Working or processing carried out on non-originating materials that confer originating status to 2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol, denatured spirits, and others of any strength.
Manufacture:-using materials not classified in heading of 2207 of 2208 "(b) the entry for Chapter 57 shall be replaced by:" HS heading Of Description of product Working or processing carried out on non-originating materials that confer originating status to Chapter 57 of the Carpet and other textile floor covering-Of edleloom not manufacture from 1:-natural fibres or-chemical materials or textile pulp However:-polypropylen fipr001664 of heading 5402 -the fibres of polypropylen, heading 5503 or 5506,-polypropylen fipr001664 tow of heading 5501, of which the denomination in all cases of a single fipr001664 or fibre is less than 9 decitex may be used provided their value does not exceeds 100% of theex-40 works price of the product may be used as fabric felt backings-Of other felt manufacture from 1:-natural fibres not carded or combed or otherwise processed for spinning , or chemical materials or textile pulp-Other manufacture from 1:-coir or synthetic yarns-2, was-or artificial yarns, fipr001664-natural fibres, or-man-made staple fibres not carded or combed or otherwise processed for spinning-felt fabric may be used as backings _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 For special conditions relating to products made of a mixtur of textile materials, see Introductory Note 5 2 the use of felt is authorised from 1 July 2000. "; (c) the entry for HS heading 7006 shall be replaced by: "the name of heading 7006 glass, 7003, 7004 or 7005, bent, engraved, drilled, enamelled engeworked or otherwise worked, but not framed or fitted with other materials:-glass plate is coated with thin dielectric substrat film, semiconductor grade, in accordanc with SEMI standard 1-Other manufacture from noncoated glass plate substrat of manufacture from materials Of heading 7006 of heading From 7001 ____ ____ ____ ____ ____ __ 1 SEMI-Semiconductor equipment and materials Institute Incorporated."; (d) the rules for heading 7601 shall be replaced by: From

7601 Unwrough to "aluminium manufacture in which:-all the materials used are classified within a heading other than of the product; and-the value of all the materials used does not exceeds 100, 50% of the ex-works price of the product manufacture by thermal or electrolytic treatment from unalloyed or aluminium or waste and scrap of aluminium ";

Article 2 this Decision 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 agreement have been completed. In WITNESS WHEREOF the undersigned, being duly authorised plenipotentiar to theret, have signed this Decision. Done at Riga, this first day of July, one thousand nine hundred and ninety nine in duplicate to the cop in the Latvian, Polish and English languages, all texts being equally authentic. In the case of divergenc the English text shall prevails.

On behalf of the Republic of Latvia On behalf of the Republic of Poland, the state secretary of the Ministry of Economy, the state secretary of the Ministry of Economy Kevin Gerhard Anna Skowronsk-Luczynsk's