2. pants

Līgums stāsies spēkā pēdējā

paziņojuma dienā par iekšējo juridisko spēkā stāšanās prasību

izpildi.

Latvijas Republika piemēros šo

Līgumu uz pagaidu nosacījumiem, sākot no 1999. gada 1. janvāra

līdz brīdim, kad visas iekšējās juridiskās spēkā stāšanās

prasības tiks izpildītas.

________________________________

(*) 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) 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.

Agreement Between The Republic Of

Latvia And The Republic Of Poland On 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 Latvia ) and Republic of Poland (hereinafter

called Poland),

Having regard to the Free Trade

Agreement between the Republic of Poland , of the one part, and

the Republic of Latvia, of the other part (1), signed in Warsaw

on 28 April 1997, and in particular Article 38 thereof,

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 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,

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. Paragraph 1(i) of Article 1

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 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:

Cumulation in Poland:

l. Without prejudice to the

provisions of Article 2 paragraph l, products shall be considered

as originating in Poland 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)* or the Republic Turkey ** in

accordance with the provisions 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 necessary that such materials have

undergone sufficient working or processing.

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 undergo

any working or processing in Poland, 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 Latvia

l. Without prejudice to the

provisions of Article 2 paragraph 2, products shall be considered

as originating in Latvia 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)* or the Republic Turkey** in accordance

with the provisions of the Protocol on rules of origin annexed to

the Agreements between Latvia 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 necessary that such materials have undergone

sufficient working or processing.

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 Latvia 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 Latvia.

3. Products, originating in one of

the countries referred to in paragraph 1, which do not undergo

any working or processing in 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.

3. Article 12 shall be replaced by

the following:

"Article 12

Principle of territoriality:

l. Except as provided for in

Article 2(1), 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 Poland or

Latvia.

2. Except as provided for in

Articles 3 and 4, where originating goods exported from Poland or

Latvia 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

Poland or Latvia on materials exported from Poland or Latvia and

subsequently reimported there, provided:

(a) the said materials are wholly

obtained in Poland or Latvia 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 Poland or Latvia 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

Poland or Latvia. 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 Poland or Latvia concerned,

taken together with the total added value acquired outside Poland

or Latvia 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

Poland or Latvia, 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 Poland or Latvia shall be done under the outward

processing arrangements, or similar arrangements."

4) in Articles

13,14,15,17,21,27,30,32, the phrase " referred to in Article

4" shall be replaced by "referred to in Articles 3 and

4" ;

6) In Article 26 (1) the reference

C2/CP3" shall be re laced b the new reference

CN22/CN23".

7) In Annex I Note 5.2 :

(a) between the indents

-" artificial man-made

filaments" and

- synthetic man-made staple fibres

of polypropylene",

the following shall be

inserted:

" -current conducting

filaments";

(b) the fifth Example ("A

carpet with tufts ...are met") shall be deleted;

8) In Annex II shall be amended as

follows:

- between the rules for HS

headings 2202 and 2208 the rule of the following text shall be

inserted:

HS Heading

No

Description of product

Working of processing of

non-originating materials that confers originating

status

(1)

(2)

(3) (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

(b) 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 artifcial

filament yarn,

- natural fibres, or

- man-made staple fibres not

carded orcombed or otherwise processed for spinning

But jute fabric may be used

as backing"

(c) 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 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

(d) 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"

(g) the following Annex

shall be added:

"Annex V

List of products

originating in Turkey to which provisions of Articles 3 and 4 do

not apply, listed in the order of HS Chapters and Headings

Chapter 1

Chapter2

Chapter 3

0401 to 0402

ex 0403

- Buttermilk, curded milk and cream, yoghurt, kephir and

other fermented or acidified milk and cream, whether or not

concentrated or containing added sugar or other sweetening

matter

0404 to 0410

0504

Chapter 6

0701 to 0709

Vegetables, except sweetcorn

of heading No.07104000 (uncoked or cooked by steaming

or boiling in water), frozen

ex 0710

Vegetables, except sweetcorn of heading No. 07119030,

provisionally preserved (for example, by sulphur oxide gas,

in brine, in sulphur

ex 0711

water or in other preservative solutions), but unsituable

in that state for immediate cunsumption

0712 to 0714

Chapter 8

Cofee, tea, spices, excluding mate of heading

No.0903

Ex Chapter 9

Pectic substances, pectinates and pectates

Chapter 10

Chapter 11

Chapter 12

Other fixed vegetable fats and oils and their fractions,

party orwholly hydroheneted,

Ex 1302

Inter-caterefied, re-catarified ,whether or not refined,

but not further

1501 to 1514

prepared, excluding hydrogenated castor oil known as

"opal-wax"

ex 1515

Margefines, imitation lard and other prepared edible fats

Residues resulting from the treatment of farty substances or

animal or vegetable waxes, excluding degras

ex 1517 and ex 1518

ex 1522

Other sugars, including chemically pure lactose, maltose,

glucose and fructose, in solid form; sugar syrups not

containing added flavouring or coloring matters; artificial

honey, whether or not moxed with natural honey; caramel

excluding that heading

Chapter 16

1701

ex1702

No.17021100,17023051, 17023059, 17025000 and

17029010

1703

Pasta, stuffed, containing more that 20% by weight of

fish,

1801 and 1802

crustaceans, molluscs or other squistic invertebretes,

sauseges and the meat or meat offal or any kind,

including fats of all kinds

ex 1902

Cucumbers and gherkins, onions, mango chutley, fruit of

the genus Capsicum other than sweet papers or pimentes,

mushrooms and olives, prepared or preserved by vinegar or

acetic acid

ex 2001

2002 and 2003 ex 2004

ex 2005

Other vagetables prepared or preserved otherwise

than by vinegar or acatic acid, frozen, other than products

of heading No.2006, excluding potatoes in form of flour, meat

or flakes and sweet corn

Other vagetables prepred or

preserved otherwise than by vinegard or acetic acid, not

frozen, other than products of heading No.2006, excluding

potatoes in form of flour, meat or flakes and sweet

corn

2006 and 2007

ex 2008

Fruits, nuts and other

eligible parts of plants, otherwise prepared or presereved,

whether or not containing added sugar or other sweetining

matter or spirit, not elsewhere specified or included,

ecxluding peanut butter, palm hearts, maize, yarns, sweet

potatoes and similar edible parts of plants containing 5%

or more by weight of starch, vine leaves, hop shoots and

other similar edible parts of plants

2009 ex 2106

2204

Flavoured and coloured sugar, syrups

2206 ex 2207

Undenatured etyl alcohol of

an alcoholic strength by volume of 80% vol or higher

obtained from agricultural produce listed here

ex 2208

Undenatured etyl alcohol of

an alcoholic strength by volume of 80% vol or higher

obtained from agricultural produce listed here

2209

Chapter 23

2401

4501

5301 and 5302

Article 2

1. This Agreement shall enter into

force on the date of the last notification on the fulfilment of

internal legal requirements for its entry into force.

The Republic of Latvia shall apply

this Agreement provisionally from 1 January 1999 till all its

internal legal requirements for its entry into force have been

fulfilled.

___________________________________

* The Principality if Liechtenstein has a Customs union with

Switzerland, and is a Contracting Party to the Agreement on the

European Economic Area.

** Cumulation as provided for this

Article does not apply to materials originating in Turkey which

are mentioned in the list at Annex V to this Protocol.

1 SEMII - Semiconductor

Equipment and Materials Institute Incorporated.