2. pants

Šis Papildprotokols stāsies spēkā

pēdējā paziņojuma dienā par iekšējo juridisko spēkā stāšanās

prasību izpildi.

Latvijas Republika un Slovēnijas

Republika piemēros šo Papildprotokolu uz pagaidu nosacījumiem,

sākot ar nākošā mēneša pirmo dienu pēc Papildprotokola

parakstīšanas datuma.

________________________________

(*) 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.

The Protocol On Amendments To The

Protocol B On Rules Of Origin To The Free Trade Agreement Between

The Republic Of Latvia And The Republic Of Slovenia

The Republic of Latvia

(hereinafter called Latvia) and the Republic of Slovenia

(hereinafter called Slovenia),

Having regard to the Free Trade

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

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

22 April 1996, and in particular Article 38 thereof,

Whereas within this Protocol B 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 B 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 B concerning the

definition of the concept of "originating products" and

methods of administrative co-operation 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

Slovenia."

2. Articles 3 and 4 shall be

replaced by the following:

"Article 3

Cumulation in Slovenia:

l. Without prejudice to the

provisions of Article 2 , products shall be considered as

originating in Slovenia 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 Slovenia and each of these

countries, provided that the working or processing carried out in

Slovenia 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 Slovenia does not go beyond the operations

referred to in Article 7, the product obtained shall be

considered as originating in Slovenia 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 Slovenia.

3. Products, originating in one of

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

any working or processing in Slovenia, 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, 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 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 the 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 Latvia or Slovenia.

2. Except as provided for in

Articles 3 and 4, where originating goods exported from one of

Latvia or Slovenia 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

Latvia or Slovenia on materials exported from one of Latvia or

Slovenia and subsequently reimported there, provided:

(a) the said materials are wholly

obtained in Latvia or Slovenia 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 Latvia or Slovenia 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

Latvia or Slovenia. 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 Latvia or Slovenia concerned, taken

together with the total added value acquired outside Latvia or

Slovenia 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

Latvia or Slovenia, 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 sufficently 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 Latvia or Slovenia 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" ;

5) In the last paragraph of

Article 15 (6) the date" 31 December 1998" shall be

replaced by the new date "31 December 2000".

6) In Article 26 (1) the reference

C2/CP3" shall be replaced 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 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

(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 or combed 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"

13. In Annex IV, the Slovenian

version of the invoice declaration shall be replaced by the

following text: "Izvoznik blaga, zajetega s tem dokumentom

(pooblastilo carisnkih organov Ķt...(1)) izjavljam, da, razen ce

ni drugace jasno navedeno, ima to blago preferencialno...(2)

poreklo."

Article 2

1. The Protocol 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 and the

Republic of Slovenia shall apply this Protocol provisionally from

the first day of the month following the date of the

signature.

________________________________

* 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