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15.6.2011 Official
Journal
of
the
European
Union L
156/7
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2011 OF THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL
of 5 May 2011
amending Protocol 4 to the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the Republic of Croatia, of the other
part, concerning the definition of the concept of ‘originating products’ and methods of
administrative cooperation
(2011/340/EU)
THE EU-CROATIA STABILISATION AND ASSOCIATION COUNCIL,
HAS ADOPTED THIS DECISION:
Having regard to the Stabilisation and Association Agreement
Article 1
between the European Communities and their Member States,
of the one part, and the Republic of Croatia, of the other
Protocol 4 to the Agreement is hereby amended as follows:
part ( 1 ) (hereinafter referred to as ‘the Agreement’), and in
particular Article 39 of Protocol 4 thereto,
(1) the following is added to the Table of Contents:
Whereas:
‘Annex V: Products excluded from the cumulation
provided for in Article 3 and Article 4’;
(1)
Articles 3 and 4 of Protocol 4 to the Agreement provide
for bilateral cumulation of origin in the European Union
or in Croatia.
(2) Article 3 is replaced by the following:
(2) Croatia
requested
to
cumulate
origin
when
incorporating
materials originating in the Union, in Croatia or in any
‘Article 3
country or territory participating in the Union’s Stabili
sation and Association process ( 2 ) or incorporating the
Cumulation in the Community
materials originating in Turkey to which the Decision
1. Without
prejudice
to
the
provisions
of
Article
2(1),
No 1/95 of the EC-Turkey Association Council of
products shall be considered as originating in the
22 December 1995 on implementing the final phase of
Community if such products are obtained there, incor
the Customs Union ( 3 ) applies ( 4 ).
porating materials originating in Croatia, in the
Community or in any country or territory participating
in the European Union’s Stabilisation and Association
(3)
In order to allow the Union and Croatia to benefit from
process (*), or incorporating the materials originating in
the extended cumulation zone, the provisions of Protocol
Turkey to which the Decision No 1/95 of the EC-Turkey
4 to the Agreement should be amended accordingly,
Association Council of 22 December 1995 applies (**),
provided that the working or processing carried out in
( 1 ) OJ L 26, 28.1.2005, p. 3.
the Community goes beyond the operations referred to
( 2 ) As defined in the Conclusions of the General Affairs Council of
in Article 7. It shall not be necessary for such materials
29 April 1997 and the Communication from the Commission to
to have undergone sufficient working or processing.
the Council and to the European parliament of 26 May 1999 on the
Stabilisation and Association process for countries of South-Eastern
Europe — Bosnia and Herzegovina, Croatia, Federal Republic of
Yugoslavia, former Yugoslav Republic of Macedonia and Albania.
2. Where
the
working
or
processing
carried
out
in
the
( 3 ) OJ L 35, 13.2.1996, p. 1.
Community does not go beyond the operations referred to
( 4 ) Decision No 1/95 of the EC-Turkey Association Council of
22 December 1995 on implementing the final phase of the
in Article 7, the product obtained shall be considered as
Customs Union applies to products other than agricultural
originating in the Community only where the value added
products as defined in the Agreement establishing an Association
there is greater than the value of the materials used orig
between the European Economic Community and Turkey (OJ 217,
inating in any one of the other countries or territories
29.12.1964, p. 3687/64), and other than coal and steel products as
referred to in paragraph 1. If this is not so, the product
defined in the Agreement between the European Coal and Steel
obtained shall be considered as originating in the country
Community and the Republic of Turkey on trade in products
covered by the Treaty establishing the European Coal and Steel
which accounts for the highest value of originating
Community (OJ L 227, 7.9.1996, p. 3).
materials used in the manufacture in the Community.

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L 156/8
EN
Official Journal of the European Union
15.6.2011
3. Products,
originating
in
one
of
the
countries
or
terri
(3) Article 4 is replaced by the following:
tories referred to in paragraph 1, which do not undergo
any working or processing in the Community, retain their
origin if exported into one of these countries or territories.
‘Article 4
Cumulation in Croatia
4. The
cumulation
provided
for
in
this
Article
may
be
1. Without
prejudice
to
the
provisions
of
Article
2(2),
applied only provided that:
products shall be considered as originating in Croatia if
such products are obtained there, incorporating materials
originating in the Community, Croatia or in any country
(a) a preferential trade agreement in accordance with
or territory participating in the European Union’s Stabili
Article XXIV of the General Agreement on Tariffs
sation and Association process (*), or incorporating the
and Trade (GATT) is applicable between the
materials originating in Turkey to which the Decision
countries or territories involved in the acquisition of
No 1/95 of the EC-Turkey Association Council of
the originating status and the country of destination;
22 December 1995 applies
(**), provided that the
working or processing carried out in Croatia goes
beyond the operations referred to in Article 7. It shall
(b) materials and products have acquired originating status
not be necessary for such materials to have undergone
by the application of rules of origin identical to those
sufficient working or processing.
given in this Protocol;
2. Where
the
working
or
processing
carried
out
in
and
Croatia does not go beyond the operations referred to in
Article 7, the product obtained shall be considered as
originating in Croatia only where the value added there
(c) notices indicating the fulfilment of the necessary
is greater than the value of the materials used originating
requirements to apply cumulation have been
in any one of the other countries or territories referred to
published in the Official Journal of the European Union
in paragraph 1. If this is not so, the product obtained shall
(C series) and in Croatia according to its own
be considered as originating in the country which accounts
procedures.
for the highest value of originating materials used in the
manufacture in Croatia.
The cumulation provided for in this Article shall apply
from the date indicated in the notice published in the
3. Products,
originating
in
one
of
the
countries
or
terri
Official Journal of the European Union (C series).
tories referred to in paragraph 1, which do not undergo
any working or processing in Croatia, retain their origin if
exported into one of these countries or territories.
The Community shall provide Croatia, through the
European Commission, with details of the Agreements
and their corresponding rules of origin, which are
4. The
cumulation
provided
for
in
this
Article
may
be
applied with the other countries or territories referred to
applied only provided that:
in paragraph 1.
(a) a preferential trade agreement in accordance with
The products in Annex V shall be excluded from the
Article XXIV of the General Agreement on Tariffs
cumulation provided for in this Article.
and Trade (GATT) is applicable between the
countries or territories involved in the acquisition of
the originating status and the country of destination;
___________
(*) As defined in the Conclusions of the General Affairs
Council in April 1997 and Commission Communi
(b) materials and products have acquired originating status
cation of May 1999 on the establishment of the
by the application of rules of origin identical to those
Stabilisation and Association process with Western
given in this Protocol;
Balkan countries.
(**) Decision No 1/95 of the EC-Turkey Association
Council of 22 December 1995 applies to products
other than agricultural products as defined in the
and
Agreement establishing an Association between the
European Economic Community and Turkey and
other than coal and steel products as defined in the
(c) notices indicating the fulfilment of the necessary
Agreement between the European Coal and Steel
requirements to apply cumulation have been
Community and the Republic of Turkey on trade in
published in the Official Journal of the European Union
products covered by the Treaty establishing the
(C series) and in Croatia according to its own
European Coal and Steel Community.’;
procedures.

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EN
15.6.2011 Official
Journal
of
the
European
Union L
156/9
The cumulation provided for in this Article shall apply
(6) Article 14(1) is replaced by the following:
from the date indicated in the notice published in the
Official Journal of the European Union (C series).
‘1. Originating
products,
sent
for
exhibition
in
a
country or territory other than those referred to in
Croatia shall provide the Community, through the
Articles 3 and 4 and sold after the exhibition for import
European Commission, with details of the Agreements,
into the Community or into Croatia shall benefit on
including their dates of entry into force, and their corre
import from the provisions of the Agreement provided
sponding rules of origin, which are applied with the other
it is shown to the satisfaction of the customs authorities
countries or territories referred to in paragraph 1.
that:
(a) an exporter has consigned these products from the
The products in Annex V shall be excluded from the
Community or from Croatia to the country in which
cumulation provided for in this Article.
the exhibition is held and has exhibited them there;
___________
(b) the products have been sold or otherwise disposed of
(*) As defined in the Conclusions of the General Affairs
by that exporter to a person in the Community or in
Council in April 1997 and Commission Communi
Croatia;
cation of May 1999 on the establishment of the
Stabilisation and Association process with Western
Balkan countries.
(c) the products have been consigned during the
(**) Decision No 1/95 of the EC-Turkey Association
exhibition or immediately thereafter in the state in
Council of 22 December 1995 applies to products
which they were sent for exhibition;
other than agricultural products as defined in the
Agreement establishing an Association between the
European Economic Community and Turkey and
and
other than coal and steel products as defined in the
Agreement between the European Coal and Steel
Community and the Republic of Turkey on trade in
(d) the products have not, since they were consigned for
products covered by the Treaty establishing the
exhibition, been used for any purpose other than
European Coal and Steel Community.’;
demonstration at the exhibition.’;
(7) Article 15(1) is replaced by the following:
(4) Article 7(1)(m) is replaced by the following:
‘1. Non-originating
materials
used
in
the
manufacture
of products originating in the Community, in Croatia or
‘(m) simple mixing of products, whether or not of
in one of the other countries or territories referred to in
different kinds; mixing of sugar with any other
Articles 3 and 4 for which a proof of origin is issued or
material;’;
made out in accordance with the provisions of Title V
shall not be subject in the Community or in Croatia to
drawback of, or exemption from, customs duties of
(5) Article 13(1) is replaced by the following:
whatever kind.’;
‘1. The
preferential
treatment
provided
for
under
the
(8) Article 17(4) is replaced by the following:
Agreement applies only to products, satisfying the
requirements of this Protocol, which are transported
‘4. A
movement
certificate
EUR.1
shall
be
issued
by
the
directly between the Community and Croatia or through
customs authorities of a Member State of the Community
the territories of the other countries or territories referred
or of Croatia if the products concerned can be considered
to in Articles 3 and 4. However, products constituting one
as products originating in the Community, in Croatia or in
single consignment may be transported through other
one of the other countries or territories referred to in
territories with, should the occasion arise, trans-shipment
Articles 3 and 4 and fulfil the other requirements of this
or temporary warehousing in such territories, provided
Protocol.’;
that they remain under the surveillance of the customs
authorities in the country of transit or warehousing and
do not undergo operations other than unloading, reloading
(9) Article 22(2) is replaced by the following:
or any operation designed to preserve them in good
condition.
‘2. An
invoice
declaration
may
be
made
out
if
the
products concerned can be considered as products orig
Originating products may be transported by pipeline
inating in the Community, in Croatia or in one of the
across territory other than that of the Community or
other countries or territories referred to in Articles 3 and
Croatia.’;
4 and fulfil the other requirements of this Protocol.’;

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L 156/10
EN
Official Journal of the European Union
15.6.2011
(10) Article 28 is replaced by the following:
(e) appropriate evidence concerning working or
processing undergone outside the Community or
‘Article 28
Croatia by application of Article 12, proving that the
requirements of that Article have been satisfied.’;
Supporting documents
The documents referred to in Articles 17(3) and 22(3)
used for the purpose of proving that products covered
(11) Article 31(1) is replaced by the following:
by a movement certificate EUR.1 or an invoice declaration
can be considered as products originating in the
Community, in Croatia or in one of the other countries
‘1. For the application of the provisions of
or territories referred to in Articles 3 and 4 and fulfil the
Article 22(1)(b) and Article 27(3) in cases where
other requirements of this Protocol may consist, inter alia,
products are invoiced in a currency other than euro,
of the following:
amounts in the national currencies of the Member States
of the Community, of Croatia and of the other countries
or territories referred to in Articles 3 and 4 equivalent to
(a) direct evidence of the processes carried out by the
the amounts expressed in euro shall be fixed annually by
exporter or supplier to obtain the goods concerned,
each of the countries concerned.’;
contained for example in the accounts or internal
book-keeping of the exporter or supplier;
(12) The Annex to this Decision is added to Protocol 4 of the
(b) documents proving the originating status of materials
Agreement as Annex V.
used, issued or made out in the Community or in
Croatia where these documents are used in accordance
with domestic law;
Article 2
This Decision shall enter into force on the first day of the first
(c) documents proving the working or processing of
month following the date of its adoption.
materials in the Community or in Croatia, issued or
made out in the Community or in Croatia, where these
documents are used in accordance with domestic law;
Done at Brussels, 5 May 2011.
(d) movement certificates EUR.1 or invoice declarations
proving the originating status of materials used,
issued or made out in the Community or in Croatia
For the EU-Croatia Stabilisation and
in accordance with this Protocol, or in one of the
Association Council
other countries or territories referred to in Articles 3
and 4, in accordance with rules of origin which are
The President
identical to the rules in this Protocol;
C. ASHTON

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EN
15.6.2011 Official
Journal
of
the
European
Union L
156/11
ANNEX
‘ANNEX V
PRODUCTS EXCLUDED FROM THE CUMULATION PROVIDED FOR IN ARTICLE 3 AND ARTICLE 4
CN-Code Description
1704 90 99 Other
sugar
confectionery,
not
containing
cocoa
1806 10 30
Chocolate and other food preparations containing cocoa
1806 10 90
– cacao powder, containing added sugar or sweetening matter:
– – containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar
expressed as sucrose) or isoglucose expressed as sucrose
– – containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or
isoglucose expressed as sucrose
1806 20 95
– Other food preparations containing cocoa in block, slabs or bars weighting more than 2 kg or
in liquid, paste, powder, granular or other bulk form in containers or immediate packaging of a
content exceeding 2 kg
– – Other
– – – Other
1901 90 99
Malt extract, food preparations of flour, groats, meal, starch or malt extract, not containing cocoa
or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not
elsewhere specified or included, food preparations of goods of headings 0401 to 0404, not
containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally
defatted basis, not elsewhere specified or included
– Other
– – Other (than malt extract)
– – – Other
2101 12 98 Other
preparations
with
a
basis
of
coffee
2101 20 98 Other
preparations
with
a
basis
of
tea
or
mate
2106 90 59 Food
preparations
not
elsewhere
specified
or
included
– Other
– – Other
2106 90 98 Food
preparations
not
elsewhere
specified
or
included:
– Other (than protein concentrates and textured protein substances)
– – Other
– – – Other
3302 10 29 Mixtures
of
odoriferous
substances
and
mixtures
(including
alcoholic
solutions)
with
a
basis
of
one or more of these substances, of a kind used as raw materials in industry; other preparations
based on odoriferous substances, of a kind used for the manufacture of beverages:
– Of a kind used in the food or drink industries
– – Of the type used in the drink industries:
– – – Preparations containing all flavouring agents characterising a beverage:
– – – – Of an actual alcoholic strength by volume exceeding 0,5 %
– – – – Other:
– – – – – Containing no milkfats, sucrose, isoglucose, glucose, or starch or containing, by weight,
less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch
– – – – – Other’

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