Council Decision (EU) 2020/2069
of 7 December 2020
on the position to be taken on behalf of the European Union within the Association Council established by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the amendment of that Agreement by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
The Agreement includes Protocol 4 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (‘Protocol 4’). Pursuant to Article 38 of Protocol 4, the Association Council established by Article 74(1) of the Agreement (‘the Association Council’) may decide to amend the provisions of Protocol 4.
The Association Council will adopt a decision amending the Agreement by replacing Protocol 4 (‘decision’) during its next meeting, before the end of 2023.
It is appropriate to establish the position to be taken on the Union’s behalf within the Association Council, as the decision will have binding legal effects in the Union.
Article 6 of the Convention provides that each Contracting Party is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the decision will introduce a dynamic reference to the Convention in Protocol 4, so as to refer always to the latest version of the Convention in force.
Discussions on amending the Convention have resulted in a new set of modernised and more flexible rules of origin to be incorporated into the Convention. Pending the conclusion and entry into force of the amendment of the Convention, the Union and the Republic of Lebanon have agreed to apply as soon as possible an alternative set of rules of origin based on those of the amended Convention, which may be used bilaterally as alternative rules of origin to those laid down in the Convention (‘Transitional rules’). To that effect, the decision will also provide for the Transitional rules.
The position of the Union within the Association Council should therefore be based on the draft decision,
HAS ADOPTED THIS DECISION: