Legal provisions of COM(2005)142 - Community position within the Association Council on a derogation from the provisions concerning the definition of the concept of "originating products" and methods of administrative co-operation laid down in the association agreement with Tunisia

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dossier COM(2005)142 - Community position within the Association Council on a derogation from the provisions concerning the definition of the ...
document COM(2005)142 EN
date July 12, 2005
22.7.2005   ENOfficial Journal of the European UnionL 190/3


DECISION No 1/2005 OF THE EU-TUNISIA ASSOCIATION COUNCIL

of 14 July 2005

derogating from the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation laid down in the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States and the Republic of Tunisia

(2005/563/EC)

THE EU-TUNISIA ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1), hereinafter referred to as the ‘Agreement’, and in particular to Article 39 of Protocol No 4 to the Agreement, concerning the definition of the concept of originating products and methods of administrative cooperation,

Whereas:

(1)The Joint Declaration on Article 39 of the said Protocol states that the Community is prepared to examine any request from Tunisia for derogations from the rules of origin after signature of the Agreement.

(2)On 16 February 2005 Tunisia submitted a request for a derogation from the rules of origin for a quantity of 8 040 tonnes of trousers and for a quantity of 1 855 tonnes of other garments falling within chapters 61 and 62 of the Harmonized Commodity Description and Coding System.

(3)Pending the entry into force of the Tunisia-Turkey Free Trade Agreement signed on 25 November 2004 and pending the amendment of the abovementioned Protocol for the purpose of Pan-Euro-Mediterranean cumulation, the derogation would allow the manufacture in Tunisia of originating garments from fabrics originating in Turkey for export to the European Union.

(4)The derogation should be applicable also to fabrics originating in Turkey and exported to Tunisia from the Community.

(5)For the purpose of this derogation, Tunisia and Turkey need to implement identical rules of origin and identical provisions on administrative cooperation.

(6)The said derogation can be granted until the entry into force of the Pan-Euro-Mediterranean protocol on rules of origin among the three Parties concerned, namely Tunisia, Turkey and the EU but, in any event, for no longer than a period of one year,

HAS DECIDED AS FOLLOWS:

Contents

Article 1

By way of derogation from the special provisions in the list in Annex II to Protocol No 4 to the Agreement, the garments listed in the Annex to this Decision and manufactured in Tunisia from fabrics originating in Turkey shall be considered as originating in Tunisia in accordance with the terms of this Decision.

Article 2

The derogation provided for in Article 1 may be applied only provided that preferential rules of origin identical to the rules of origin defined in the said Protocol are in force between Turkey and Tunisia in order to determine the originating status of the fabrics originating in Turkey.

Article 3

For the purpose of this Decision and by way of derogation from the provisions in Article 18(4) and (5) of the said Protocol, the customs authorities of a Member State of the Community may issue EUR.1 movement certificates for fabric originating in Turkey to be exported to Tunisia.

Article 4

The quantity given in the Annex shall be managed by the Commission, which shall take all administrative actions it deems advisable for their efficient management. Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) which relate to the management of tariff quotas shall apply mutatis mutandis to the management of the quantities referred to in the Annex.

Article 5

The customs authorities of Tunisia shall take the necessary steps to carry out quantitative checks on the exported products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The Tunisian competent authorities shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 6

Box 7 of movement certificates EUR.1 issued pursuant to this Decision shall contain the following indication, in one of the languages of the Agreement:

‘Derogation — Decision No 1/2005’.

Article 7

Tunisia and the Member States of the Community shall take the measures necessary on their part to implement this Decision.

Article 8

This Decision shall enter into force on the day of its adoption and be applicable as soon as the conditions of Article 2 are fulfilled.

This Decision shall apply until the entry into force of the Pan-Euro-Mediterranean cumulation of origin among Tunisia, Turkey and the European Union but, in any case, for no longer than a period of one year.