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Amendment To The Law "on The Republic Of Latvia And The Czech Republic Free Trade Agreement"

Original Language Title: Grozījums likumā "Par Latvijas Republikas un Čehijas Republikas brīvās tirdzniecības līgumu"

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The Saeima has adopted and the President promulgated the following laws: the amendment to the law "on the Republic of Latvia and the Czech Republic free trade agreement" to do "in the law Of the Republic of Latvia and the Czech Republic free trade agreement" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, no. 14) following amendment: to supplement the law with article 5 by the following: "article 5. The order in which to apply to the Parliament for approval within the agreement established Joint Committee decision amending Protocol 3 to the agreement, shall be fixed by the Cabinet of Ministers, and with this law, that decision is adopted and approved. "
 
The law shall enter into force on 1 January 1999.
Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 of Cabinet of Ministers issued Regulation No. 479 "amendment to the law" on the Republic of Latvia and the Czech Republic free trade agreement "(Latvian journal, 1998, nr. 388.).
The law, adopted in 1999 by the Parliament on 18 February.
 
The President g. Ulmanis in Riga on 9 March 1999, the Republic of Latvia and the Czech Republic free trade agreement Joint Committee decision No 2/98, reference to the 1996 April 15 signed a free trade agreement between the Republic of Latvia and the Czech Republic and 35, 36, 38 and Article 3 of Protocol;
Given that the Protocol, the term "origin" should be changed to ensure the extended system of cumulation which permits the European Community, Poland, Hungary, the Czech Republic, Slovakia, Bulgaria, Romania, Latvia, Lithuania, Estonia, Slovenia, the European economic area (hereinafter referred to as the "EEA"), Iceland, Norway and Switzerland on the use of the material, a corresponding action;
The light 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;
Considering that it is 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, the Joint Committee of the agreement, has 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 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 these goods in the territory of the party ";
2) article 3 is deleted;
3) article 4 is replaced by the following: 1. Cumulation of origin has no effect on 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) 1 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 to ensure that one of the parties, 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.
4) article 12 is replaced by the following: ' article 12 principle of territoriality 1. except as provided for in article 4 and described in paragraph 3, the conditions for the 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 the party. 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 the party, 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. 50 to 63.
8. any working or processing in the provisions of this article and done outside the parties, will be carried out in accordance with the agreements on the conditions for processing or similar contracts. "
5. Article 15 (6)) in the last paragraph, the date "31 December 1998" be replaced by "31 December 2000";
6) 26 (1). the article terms "C2/CP3" be replaced by "CN22/CN23";
7 5.2 of annex I.) Note between the enum "-thread" and "artificial-synthetic staple fibres of polypropylene" is placed in the following: "-the current leadership threads" 8) in annex I, note 5.2. Fifth example ("carpet with bouquets ... weight.") will be deleted;
9) in annex II the following will be inserted between the HS headings 2202 and 2208: "HS heading description of goods materials originating in the working or processing carried out in order to obtain originating status (1) (2) (3) or (4) 2207 Undenatured ethyl alcohol production: 80% or more of alcohol-all materials used by volume; classified in heading 2207 ethyl alcohol other than and other alcohols, or 2208 "denatured with alcohol content of any 10) 57. In annex II, the entry will be changed to:" the Group of 57 carpets and other textile floor coverings:-from the needle in the cauršūt felt manufacture 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 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 or jute (a) ,-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 ";
11 Annex II) HS heading 7006 records 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, covered manufacture from uncoated with a dielectric coating, glass plates, which are classified in the semiconductor category in accordance with SEMI heading 7006 (2)-other manufacture from materials of heading 7001 classified";
12 Annex II) HS heading 7601 provisions will be replaced with: "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 1) this decision shall enter into force on 1 January 1999. The parties have exchanged diplomatic notes certifying that the Governments of the parties have ratified this decision.
2) if the decision cannot enter into force in accordance with article 2 of this decision 1 of the paragraph, then it will be applied from the date on which the parties concerned will receive a diplomatic note about the ratification of the decision of the Government.
Principality of Liechtenstein 1 has a Customs Union with Switzerland, and it is also the European economic area agreement (1) the special conditions relating to products obtained from mixed textile materials, see. 5. introductory.
(a) the use of jute yarn is allowed from July 1, 2000.
(2) SEMI-Semiconductor equipment and materials Institute Incorporated.
 
Decision Of The. 2/1998 Of the Joint Committee Of the free trade agreement Between the Republic Of Latvia And the Czech Republic Having regards to the free trade agreement between the Republic of Latvia and the Czech Republic, signed in Riga on 15 April l996 and Protocol 3 to this agreement concerning the rules of origin of goods (the definition of the concept of "originating products") and related methods of administrative co-operation;
Having in mind the provision of articles 35, 36 and 38 of the free trade agreement between the Republic of Latvia and the Czech Republic;
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 Latvia, the Republic of Lithuania, the Republic of Estonia, the Republic of Slovenia, the European Economic area, Iceland, Norway and Switzerland;
Whereas it would be advisabl to maintain the se in operations by 31 December 2000 the system of flat rate charges provided for in article 15 of this Protocol 3, in connection with the prohibition of drawback and exemption from customs duty;
Whereas it would also be appropriate to extend the cumulation system to such products originating in the Republic of Turkey;
Whereas to simplify administrative tasks and facilitat it would be desirabl to amend the wording of articles 3, 4 and 12 of this Protocol 3;
Whereas taking into 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, the Joint Committee consisted of the representatives of the parties HAS DECIDED AS follows: article 1 of Protocol 3, concerning the rules of origin of goods (the definition of the concept of "originating products") and related methods of administrative cooperation is hereby amended as follows: 1. Paragraph 1 (i) of article 1 shall be replaced by the following:

"(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. The whole of article 3 shall be deleted.
3. Article 4 shall be replaced by the following: "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, the Republic of Bulgaria, the Republic of Poland, the Republic of Hungary, the Czech Republic , the Slovak Republic, Romania, the Republic of Lithuania, the Republic of Latvia, the Republic of Estonia, the Republic of Slovenia, Iceland, Norway, Switzerland (including Liechtenstein) 1 or the Republic of 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 the 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 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 this Party.
3. Products, originating in one of the countries referred to in paragraph 1, 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 ".
4. Article 12 shall be replaced by the following: ' article 12 Principle of territoriality: Except as provided for l. in the 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 (ii)) 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 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 the Party 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 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 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 the Parties shall be done under the outward processing arrangements, or similar arrangements. "
5. In Paragraph 6 of Article 15 of the date 31 December 1998 "shall be" replaced by the date "31 December 2000" new ".
6. In article 26 the reference "C2/CP3" shall be replaced by the new reference "CN22/CN23".
7. In Annex i. Note 5.2, the following new text "current conducting filament" shall be added between the texts "artificial man-made filament" and "synthetic man-made staple fibres of polypropylen".
8. In Annex I, note 5.2. the text of 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 of the following rule shall be inserted: "HS heading Description of product Working or processing carried out on non-originating materials Of that will confer originating status (1) (2) (3) or (4) 2207 Undenatured ethyl alcohol of an alcoholic strength manufacture: by-using materials not classified volume of 80% vol. or higher; in headings 2207 ethyl alcohol and others of "2208 spirits, denatured, of any strength.
10. In Annex II, the rule for Charter shall be replaced by: "57 Chapter 57 Carpet and other textile floor covering:-Of edleloom not felt manufacture from2:-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 from natural fibres not for ':-carded or combed or otherwise processed for spinning, or-chemical materials or textile pulp

-Other manufacture from ':-coir or of yarns (a) felt,-synthetic 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 ' 11.In Annexe, the rule for HS heading 7006 shall be replaced by: From "in the heading 7006 glass 7003, 7004 of From 7005, bent, or edgeworked, engraved enamelledor, drilled, otherwise worked, but not framed or fitted with other materials:-glass plate manufacture from the substrat non-coated glass plate coated with dielectric substrat of heading 7006 thin film, semiconductor grade, in accordanc with SEMI standard 3-Other manufacture from materials of heading 7001 "12. In Annex II, the text of the rule for HS 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 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 1. This Decision shall enter into force on 1 January 1999, provided that before this date the Parties shall exchange the diplomatic notes confirming its approval by the Government of a Party respectiv.
2. If this Decision cannot enter into force in accordanc with the paragraph 1 of this article, it shall be applied on the date of (a) receipt of the latter diplomatic note confirming their approval by the Government of a Party respectiv.
1 the Principality if Liechtenstein has a customs union with Switzerland, and is a Contracting Party to the agreement on the European Economic area.
2 For special conditions relating to products made of a mixtur of textile materials, see introductory note 5. (a) the use of felt is an ISA from 1.7.200 yarns.
3 SEMI-Semiconductor equipment and materials Institute Incorporated.