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For The Republic Of Latvia, The Republic Of Estonia And The Republic Of Lithuania Free Trade Agreement Joint Committee Resolution No. 1/98 "on Changes In The Republic Of Latvia, The Republic Of Estonia And The Republic Of Lithuania Free Trade Agreement...

Original Language Title: Par Latvijas Republikas, Igaunijas Republikas un Lietuvas Republikas brīvās tirdzniecības nolīguma Apvienotās komitejas rezolūciju Nr.1/98 "Par izmaiņām Latvijas Republikas, Igaunijas Republikas un Lietuvas Republikas brīvās tirdzniecības nolīguma A proto

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania free trade agreement Joint Committee resolution No. 1/98 "on changes in the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania free trade agreement A protocol," article 1.  1998 December 22, Vilnius signed by the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, the free trade agreement Joint Committee resolution No. 1/98 "on changes in the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania free trade agreement A Protocol" (hereinafter referred to as the resolution) this law is accepted and approved. 2. article. The law shall enter into force on the day following its promulgation. With the law put a resolution in English and its translation into Latvian language. 3. article. The resolution shall enter into force on its article 2 and for the period specified in the 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 October 4, Resolution 1/98 on the Change of Protocol A to the agreement free trade between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on September 13.1993 the Joint Committee, making reference to the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania , signed on September 13, 1993 and the amendments to the Protocol (A) of the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on February 6.1997 by the Resolution of the Joint Committee Of 1/97; making reference to article 24 of the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania (hereinafter referred to as agreement); whereas 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 Estonia, Latvia, Lithuania, the Slovak Republic, the European Union, Poland, Hungary, the Czech Republic, Turkey, Bulgaria, Romania, Slovenia, Iceland, Norway and Switzerland (including Liechtenstein); Whereas it is facilitat trade and simplify administrative tasks it would be desirabl to amend the wording of articles 4.12 and 15; Whereas, to 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 fulfill to qualify for originating status, HAS DECIDED AS follows: article 1 Protocol (A) on the definition of the concept of "originating products" and methods of administrative cooperation is hereby amended as follows : l. 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 article 4 or, where the customs value is not known or cannot be ascertained, the first price verifiably paid for the products in the Party." 2. Article 3 shall be abolished. 3. Article 4 shall be replaced by: "article 4 Cumulation of Origin l. without prejudice to the provision of article 2, paragraph l, shall be considered as products originating in a Party if such products are obtained there, incorporating materials originating in the European Community, Bulgaria, Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Lithuania, Latvia, 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 this Party and each of these countries, provided that the working or processing carried out in this Party 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 the Party does not go beyond the operations referred to in article 7, the product obtained shall be considered as originating in the Party 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 l. 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 this Party. 3. Products, originating in one of the countries referred to in paragraph l, which do not any working or processing of the underg in the Party, 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. "____ ___ _____ _____ _____ _____ _____ the Principality of Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the agreement of the European Economic area. 4. Article 12 shall be replaced by the following: "the Principle of territoriality 1. Except as provided for in article 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 the parties. 2. Except as provided for in article 4, where originating goods exported from one of the parties 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 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 the parties on materials exported from one of the parties and subsequently reimported there, provided: (a) the said materials are wholly obtained in one of the parties 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 þ) the total added value acquired outside the parties 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 the parties. But where, in the list in Annex II, a rule setting a maximum value for all the nonoriginating 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 the Party by applying the provision of this article; shall note the stated percentage exceeds 100. 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 the parties, including the value of the materials incorporated there. 6. The provision of paragraphs 3 and 4 shall not apply to products which do not fulfill 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 Harmonized System. 8. Any working or processing of the kind covered by the provision of this article and done outside the Parties shall be done under the outward processing arrangements, or similar arrangements. " 5. In article 15 shall be the following paragraph added: ' 6. Notwithstanding paragraph 1, the parties may apply arrangements for drawback of, or exemption from, customs duties or charges having equivalent effect, applicable to materials used in the manufacture of originating products, subject to the following provision: (a) a 5 per cent rate 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 the Party. (b) a 10 per cent rate 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 the Party. The provision of this paragraph shall apply until 31 December 2000 and may be reviewed by common accord. " 6. In article 26 the reference "C2/CP3" shall be replaced by "CN22/CN23". 7. In Annex I, note 5.2, "current conducting filament" shall be added between "artificial man-made filament" and "synthetic man-made staple fibres of polypropylen". 8. In Annex I, note 5.2 the fifth example ("A carpet with tuft ... with me.") shall be deleted. 9. In Annex II, between the rules for HS headings 2202 and 2208 the following rule shall be inserted: "HS heading Of 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 10 of 2207 of 2208 ". In Annex II, the text of the rule for Chapter 57 shall be replaced by: "Chapter 57 of textile floor Carpet and others covering:-Of edleloom not felt manufacture from1:-natural fibres or-chemical materials or textile pulp However:-polypropylen fipr001664 of heading 5402,-the fibres of heading 5503 polypropylen or 5506,-fipr001664 of polypropylen tow 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 40% of the ex-works price of the product-may be used as fabric felt backings-Of other felt manufacture from1:-natural fibres not carded or combed or otherwise processed for spinning, or-chemical materials or textile pulp-Other manufacture:-coir or felt the from1 yarns 2,-synthetic or artificial fipr001664-natural yarns, fibres , or-man-made staple fibres not carded or combed or otherwise processed for spinning but may be used as fabric felt 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."; 11. In Annex II, the text of the rule for HS heading7006 shall be replaced by: "glass of heading 7003 to 7006, 7004 or 7005, bent, edgeworked, engraved, drilled, enamelledor 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 materials of heading 7006 (substrat) manufacture from materials of heading 7001 (substrat) _____ _____ _____ _____ _____ 1 SEMI-Semiconductor equipment and materials Institute Incorporated." 12. In Annex II, the text of the rule for HS heading 7601 shall be replaced by: "Unwrough 7601 to aluminium manufacture in which:-all the materials used are classified within a heading other than that 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 Resolution shall enter into force on the first day of the second month after all the parties have notified the Depositary of the completing the internal legal procedure not cessary for the entry into force of this Resolution. In respect or the Republic of Estonia and the Republic of Latvia, shall be provisionally applied in this Resolution from January 1, 1999. This Resolution shall be deposited with the Depositary of the free trade agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on 13 September 1993, the Republic of Estonia. In WITNESS WHEREOF the undersigned, being duly authorised plenipotentiar to theret, have signed this Resolution. Done at Vilnius, this 22 day of December one thousand nine hundred and ninety eight in one copy in the English, Estonian, Latvian and Lithuanian languages. In the case of divergenc the English text shall prevails.

On behalf of the Republic of Estonia On behalf of the Republic of Latvia On behalf of the Republic of Lithuania John Naber Tiit Algimanto Rimkun Director of the Hawk of Foreign Economic Policy Department, State Secretary Vice Minister, Ministry of Foreign Affairs of the Republic of Estonia of the Ministry of Economy of the Republic of Latvia Ministry of Foreign Affairs of the Republic of Lithuania Resolution No. 1/98 of the changes to the 1993 September 13 signed free trade agreement between the The Republic of Latvia, the Republic of Estonia and the Republic of Lithuania (A) Protocol on the Joint Committee, referring to the 1993 September 13 signed free trade agreement between the Republic of Latvia, the Republic of Estonia, the Republic of Lithuania and the resolutions of the Joint Committee No 1/97 update of A 1997 Protocol February 6, signed a free trade agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania; Referring to the free trade agreement between the Latvian Republic, the Republic of Estonia and the Republic of Lithuania (hereinafter referred to as the agreement) article 24; Given that the term "originating products" definition should be changed to ensure the extended system of cumulation which permits Estonia, Latvia, Lithuania, Slovakia, the European Community, Poland, Hungary, the Czech Republic, Turkey, Bulgaria, Romania, Slovenia, Iceland, Norway and Switzerland (including Liechtenstein), the use of the material, a corresponding action; Considering that it is desirable to change the 4, 12 and 15 of article wording 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, has decided as follows: article 1 (A) Protocol on the "origin" of the definition of the concept and methods of administrative cooperation is changed as follows: 1. Article 1 (i) 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 article 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, Estonia or Lithuania. "; 2. Article 3 is deleted; 3. Article 4 is replaced by the following: "article 4 cumulation of origin No 1 without prejudice to article 2, paragraph 1, the products will be considered as one of the side products, if they are obtained there by incorporating community, Bulgaria, Poland, Hungary, the Czech Republic, Slovakia, Romania, Lithuania, Latvia, Estonia, Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) or materials originating in Turkey, in accordance with the agreement between this party 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 on this side does not exceed the activity referred to in article 7, the product obtained shall be considered as products originating in the party, and 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 this side is the highest value. 3. Products, originating in one of the 1st paragraph of the above countries and which are not subject to any treatment or processing on this side, keep 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. 4.12. the article is replaced with the following: "the principle of territoriality 1. except as provided for in article 4 and paragraph 3 of this article, the conditions described in chapter II acquisition of origin must be completed in one of the parties. 2. Except as provided in article 4, where originating goods exported from one party 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 the outside made of any party, or processing materials exported from one of the sides and then reimported there, provided that: (a) the said materials are wholly obtained in one of the parties or they are taken 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 of one of the parties, in application of 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, Estonia or Lithuania. 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 of one of the parties, in application of 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, Estonia or Lithuania, including 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 you apply to article 6 (2) describes the General rules. 7. paragraph 3 and 4 of the rules shall not apply to products that are described in the harmonized system groups 50 to 63. 8. any working or processing in the provisions of this article and done outside Latvia, Estonia and Lithuania, will be carried out in accordance with the agreements on the conditions for processing or similar contracts. " 5. in article 15 the following paragraph is added: ' 6. Notwithstanding paragraph 1, the parties may apply conditions of customs duties or taxes with equivalent effect or the lack of them appropriate exemptions for materials used in the product in use as subjects in the following conditions: (a) a 5% customs tariff rate is stored in the harmonized system 25-49 and 64-97 Department of the goods concerned or the lower rate in force in one of the parties. (b) 10% customs tariff rate may be saved 50 to 63 of the harmonized system chapter of the goods concerned or the lower rate in force in one of the parties. This paragraph shall apply to the provisions of the 2000 December 31 and can be reviewed by the parties mutual agreement. 6. in article 26 the term "C2/CP3" be replaced by "CN22/CN23"; 7. In Annex I, note 5.2 between the enum "-thread" and "artificial-synthetic staple fibres of polypropylene" will insert the following: "-the current leaders." thread 8. In Annex I, note 5.2. Fifth example ("carpet with bouquets ... weight.") will be deleted. 9. in annex II, between the HS headings 2202 and 2208 will insert the following: "HS heading description of goods materials originating 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 "10. in annex II, a record 57. Group will be changed to:" 57. Group of 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 threads -polypropylene filament of heading 5501 tow of the linear density of fibers in all monopavedienav cases 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 For special conditions relating to products (or materials) produced from mixed textile materials, see introductory 5. 2 the use of jute yarn is allowed from July 1, 2000. " 11. the HS heading 7006 entry will be replaced with: 7003, 7006 headings 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 SEMI-Semiconductor equipment and materials Institute Incorporated. "; 12. In annex II the provisions of HS heading 7601 shall be replaced with: more than 50% of the product "7601 unwrought aluminium manufacture 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 this resolution shall enter into force on the first day of the second month following the date on which all parties have notified the depositary of the necessary internal procedures have been completed to this decision to take effect. This resolution from 1 January 1999 are applicable in the Republic of Latvia and the Republic of Estonia on the temporary conditions. This resolution is to be stored in the 1993 September 13 signed free trade agreement between the Republic of Latvia, the Republic of Estonia and the Republic of Lithuania, the Republic of Estonia in the depository. Acknowledging this, this resolution is signed by duly authorized undersigned plenipotentiaries. Signed in Vilnius one thousand nine hundred and ninety-eighth of December 22, in a single copy in English, Estonian, Latvian and Lithuanian languages. In the event of a dispute, the English text prevails.

The Republic of Latvia, the Republic of Estonia Republic of Lithuania John Naber Tiit Hawk Algimanto Rimkun of the Ministry of economy, Ministry of Foreign Affairs State Secretary, Ministry of Foreign Affairs external economic policy Department Director of viceministr