2. pants

Šī Rezolūcija ir stājas spēkā otrā

mēneša pirmajā dienā pēc tam, kad visas Puses ir paziņojušas

Depozitārijam par nepieciešamo iekšējo procedūru pabeigšanu, lai

šis lēmums stātos spēkā.

Šī Rezolūcija no 1999.gada

1.janvāra tiek piemērota Latvijas Republikā un Igaunijas

Republikā uz pagaidu nosacījumiem.

Šī Rezolūcija ir jāuzglabā

1993.gada 13.septembrī parakstītā Brīvās tirdzniecības nolīguma

starp Latvijas Republiku, Igaunijas Republiku un Lietuvas

Republiku Depozitārijā, Igaunijas Republikai.

Apliecinot minēto, šo Rezolūciju

ir parakstījuši attiecīgi pilnvaroti zemāk parakstījušies

pilnvarotie.

Parakstīta Viļņā tūkstoš deviņi

simti deviņdesmit astotā gada decembra 22.dienā vienā eksemplārā

angļu, igauņu, latviešu un lietuviešu valodās. Domstarpību

gadījumā noteicošais ir teksts angļu valodā.

_______________________________

(*) Lihtenšteinas Hercogistei ir muitas ūnija ar Šveici un tā ir

arī Eiropas Ekonomiskās Telpas Līguma Dalībvalsts

(**) Šajā pantā dotā kumulācija

nav attiecināma uz Turcijas izcelsmes materiāliem, kas uzskaitīti

šī Protokola V Pielikuma sarakstā

(1) SEMII - Semiconductor

Equipment and Materials Institute Incorporated

Resolution No

1/98 On The Changes Of Protocol A To The Free Trade Agreement

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 Protocol A of the Free Trade Agreement between

the Republic of Estonia, Republic of Latvia and the Republic of

Lithuania signed on February 6,1997 by the Resolution of the

Joint Committee No 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 ensure

the proper operation of the extended system of cumulation which

permits the use of materials originating in Estonia, Latvia,

Lithuania, Slovak Republic, the European Union, Poland, Hungary,

the Czech Republic, Turkey, Bulgaria, Romania, Slovenia, Iceland,

Norway and Switzerland (including Liechtenstein);

whereas to facilitate trade and

simplify administrative tasks it would be desirable to amend the

wording of Articles 4,12 and 15;

whereas, to take account of

changes in processing techniques and shortages 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 (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 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

provisions of Article 2 paragraph l, products shall be considered

as 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)1 or Turkey, in

accordance with the provisions 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 necessary that such materials have

undergone sufficient working or processing.

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 undergo

any working or processing 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:

"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 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 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 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 the Parties 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

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 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 the

Parties, including the value of the materials incorporated

there.

6. The provisions 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) are applied.

7. The provisions of paragraphs 3

and 4 shall not apply to products coming under Chapters 50 to 63

of the Harmonized System.

8. Any working or processing of

the kind covered by the provisions of this Article and done

outside the Parties shall be done under the outward processing

arrangements, or similar arrangements."

5. In Article 15 following

paragraph shall be added:

"6. Notwithstanding paragraph

1, 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 provisions:

(a) a 5 per cent rate of customs

charge shall be retained in respect of products falling within

chapters 25 to 49 and 64 to 97 of the Harmonized System, or such

lower rate as in force in the Party.

(b) a 10 per cent rate of customs

charge shall be retained in respect of products falling within

chapters 50 to 63 of the Harmonized System, or such lower rate as

in force in the Party.

The provisions 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 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:

HS heading

No

Description of product

Working or processing carried

out on non-originating materials that confers

originating status

(1)

(2)

(3) or (4)

2207

Undenatured ethyl alcohol of

an alcoholic strength by volume of 80% vol. or higher;

ethyl alcohol and other spirits, denatured, of any

strength.

Manufacture:

- using materials not classified in headings 2207 of

2208

10. In Annex II the text of

the rule for Charter 57 shall be replaced by :

"Chapter 57

Carpets and other textile floor covering:

- Of needleloom felt

Manufacture

from1:

- natural fibres

or

- chemical materials or

textile pulp However:

- polypropylene filament of

heading 5402,

- polypropylene fibres of

heading 5503 or 5506,

- polypropylene filament tow

of heading 5501, of which the denomination in all cases of

a single filament or fibre is less than 9 decitex, may be

used provided their value does not exceed 40% of the

ex-works price of the product

-jute fabric may be used as

backing

- Of other felt

Manufacture from':

- natural fibres not

carded

or combed

or otherwise processed for

spinning,

or

- chemical materials or

textile pulp

- Other

Manufacture from':

- coir or jute yarn (*),

- synthetic or artificial

filament yarn,

- natural fibres, or

- man-made staple fibres not

carded or combed or otherwise processed for spinning

But jute fabric may be used

as backing"

11. In Annex II the text of

the rule for HS heading7006 shall be replaced by:

"7006

Glass of headings 7003, 7004

or 7005, bent, edgeworked, engraved, drilled, enamelledor

dor otherwise worked, but not framed or ftted with other

materials:

- Glass plate

substrate coated with dielectric thin film, semiconductor

grade, in accordance with SEMII standards1

Manufacture from materials (substrates) of

heading 7006

- Other

Manufacture from materials (substrates) of

heading 7001"

12. In Annex II the text of the

rule for HS heading 7601 shall be replaced by:

"7601

Unwrought 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 exceed 50% of the ex-works price of

the product or Manufacture by thermal or electrolytic

treatment from unalloyed aluminium

or waste and scrap of

aluminium"

Article 2

This Resolution shall enter into

force on this first day of the second month after all the parties

have notified the Depositary of completing the internal legal

procedures necessary for the entry into force of this

Resolution.

In respect or the Republic of

Estonia and the Republic of Latvia, this Resolution shall be

provisionally applied 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

plenipotentiaries, being duly authorised thereto, 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

case of divergence the English text shall prevail.

____________________________

1 SEMII - Semiconductor Equipment and Materials

Institute Incorporated.