2. pants

1) Šis Lēmums stājas spēkā

1999.gada 1.janvārī. Pusēm ir jāapmainās ar diplomātiskajām

notām, kuras apliecina, ka Pušu valdības ir ratificējušas šo

Lēmumu.

2) Ja Lēmums nevar stāties spēkā

saskaņā ar šī Lēmuma 2.panta 1.rindkopu, tad tas tiks pielietots

no datuma, kad no attiecīgās Puses tiks saņemta diplomātiskā nota

par Lēmuma ratifikāciju valdībā.

__________________________________

1 Lihtenšteinas Hercogistei ir muitas ūnija ar Šveici

un tā ir arī Eiropas Ekonomiskās Telpas Līguma Dalībvalsts

(1) Īpašos nosacījumus

attiecībā uz produkciju, kas iegūta no jauktiem

tekstilmateriāliem, skat. 5. ievadpiezīmi.

(a) Džutas dzijas pielietošana

tiek atļauta no 2000. gada 1. jūlija.

(2) SEMII -

Semiconductor Equipment and Materials Institute Incorporated.

Decision No. 2 /1998 Of The Joint

Committee Of The Free Trade Agreement Between The Republic Of

Latvia And The Czech Republic

Having regard 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 provisions 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 ensure the proper operation of the extended system

of cumulation which permits 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 seem advisable to

maintain in operation 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 facilitate and simplify

administrative tasks it would be desirable to amend the wording

of Articles 3, 4 and 12 of this Protocol 3;

Whereas taking into 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 fulfil to qualify for originating status,

The Joint Committee consisted of

the Representatives of the Parties HAS DECIDED AS FOLLOWS:

Article 1

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 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.The whole Article 3 shall be

deleted.

3. Article 4 shall be replaced by

the following:

"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,

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 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 the 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 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 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:

"Article 12

Principle of territoriality:

l. 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 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 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 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) are applied.

7. The provisions of paragraphs 3

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

of the Harmonised 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 Paragraph 6 of Articles 15

the date "31 December 1998" shall be replaced by the

new date "31 December 2000".

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 filaments" shall

be added between the texts "artificial man-made

filaments" and "synthetic man-made staple fibres of

polypropylene".

8. In Annex I. Note 5.2 the text

of the fifth example ("A carpet with tufts... are

met.") shall be deleted.

9. In Annex II, between the rules

for HS heading Nos 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 rule for

Charter 57 shall be replaced by:

"Chapter 57

Carpets and other textile floor

covering:

- Of needleloom felt

Manufacture

from2:

- 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 (a),

- synthetic or artificial

filament yarn,

- natural fibres, or

- man-made staple fibres not

carded or combed or otherwise processed for spinning

- jute fabric may be used as

backing"

11.In Annex, the rule for HS

heading No 7006 shall be replaced by:

"7006

Glass of headings 7003, 7004 or 7005, bent,

edgeworked, engraved, drilled, enamelledor otherwise worked,

but not framed or ftted with other materials:

- Glass plate substrate coated with

dielectricthin film, semiconductor grade, in accordance with

SEMII standards3

Manufacture from non-coated glass plate

substrate of heading 7006

- Other

Manufacture from materials of heading

7001"

12. In Annex II the text of the

rule for HS heading No 7601 shall be replaced by:

"7601

Unwrought aluminium

- 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

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 respective Party.

2. If this Decision cannot enter

into force in accordance 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

respective Party.

_______________________________

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 mixture of textile

materials, see introductory Note 5.

(a) The use of jute yarn is

authorised from 1.7.200 .

3 SEMII - Semiconductor

Equipment and Materials Institute Incorporated.