Considerations on COM(2006)259 - Community position within the EC-Turkey Customs Co-operation Committee on the adoption of a Decision laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council - Main contents
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| dossier | COM(2006)259 - Community position within the EC-Turkey Customs Co-operation Committee on the adoption of a Decision laying down detailed ... |
|---|---|
| document | COM(2006)259  |
| date | June 1, 2006 |
(2) It was recognised the need to amend Decision No 1/2001 in order to harmonise these rules with recent amendments to 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 i, regarding in particular the possible refusal of a calculation of the partial relief of duties under the outward processing procedure, based on the value-added method. A new provision should also be inserted in the Decision, allowing the customs authorities of the Member States to issue Community single authorisations for approved exporters and providing for the acceptance by Turkey of A.TR movement certificates established on the basis of such authorisations.
(3) There is furthermore a need to insert the text of various endorsements in the new Community languages resulting from the enlargement of the European Union.
(4) Decision No 1/1999 of the EC-Turkey Customs Co-operation Committee of 28 May 1999, on procedures to facilitate the issue of movement certificates EUR.1 and the making out of invoice declarations under the provisions governing preferential trade between the European Union, Turkey and certain European countries i, aims at facilitating the issue of such preferential proofs of origin by either the Community or Turkey in the context of the preferential trade agreements they have both concluded with certain countries and which provide between them for a system of cumulation of origin, based on identical rules of origin and a prohibition of any drawback of or suspension from customs duties on the goods concerned. The Decision provides for the use by Community and Turkish exporters of supplier's declarations, stating the Community or Turkish originating status, according to the said rules, of the goods received from suppliers in the other part of the Customs Union and for the related methods of administrative co-operation.
(5) Decision No 1/2000 of the EC-Turkey Customs Co-operation Committee of 25 July 2000, on the acceptance, as proof of Community or Turkish origin, of movement certificates EUR.1 or invoice declarations issued by certain countries that have signed a preferential agreement with the Community or Turkey i, aims at ensuring that goods covered by the Customs Union can benefit from the provisions on free circulation laid down in the basic Decision, also when they are imported into one part of the customs union accompanied by a proof of origin issued in a country with which both the Community and Turkey have concluded preferential trade agreements, providing between them for a system of cumulation of origin, based on identical rules of origin and a prohibition of any drawback or suspension from customs duties on the goods concerned.
(6) Both Decisions have been adopted to facilitate a joint application of the customs union and of the preferential trade arrangements between the Community or Turkey and certain countries. Subject to the necessary adaptations to bring them in line with the Community acquis, it is appropriate incorporating in this Decision the provisions currently laid down in Decisions No 1/1999 and No 1/2000 and to repeal them.
(7) Following the extension of the system of the pan-European cumulation of origin to the other countries which are participants to the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, the necessary reference to proofs of origin EUR-MED should be introduced.
(8) In order to facilitate the implementation of the detailed rules for the application of Decision 1/95, it is appropriate to replace Decision No 1/2001 by a new Decision.
(9) The text of the new Decision, incorporating the necessary amendments, has been agreed with the Turkish side at the occasion of the 35th meeting of the EC-Turkey Customs Co-operation Committee, which took place on 20 January 2006.
HAS DECIDED AS FOLLOWS:
Sole Article
The position to be adopted by the Community within the Customs Co-operation Committee established by virtue of the Agreement of 12 September 1963 (establishing an Association between the European Economic Community and Turkey) on the adoption of a Decision of the EC-Turkey Customs Co-operation Committee laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council, on implementing the final phase of the EC-Turkey Customs Union, is that defined in the attached draft Decision of the Customs Co-operation Committee.
Done at Brussels,
For the Council
The President
ANNEX
Draft
Decision No°1/2006 of the EC-Turkey Customs Co-operation Committee
laying down detailed rules for the application of Decision 1/95 of the EC-Turkey Association Council
THE CUSTOMS COOPERATION COMMITTEE,
Having regard to the Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey,
Having regard to Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union i and in particular Articles 3 i, 13 i and 28 i thereof,
Whereas:
(1) The Customs Co-operation Committee shall lay down the appropriate measures necessary to implement the provisions of the Customs Union referred to in Articles 3, 13 and 28 of Decision 1/95. It has adopted for this purpose Decision No 1/2001, laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council i.
(2) There is a need to amend Decision No 1/2001 in order to harmonise these rules with recent amendments to 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 i, regarding in particular the possible refusal of a calculation of the partial relief of duties under the outward processing procedure, based on the value-added method. A new provision shall also be inserted in the Decision, allowing the customs authorities of the Member States to issue Community single authorisations for approved exporters and providing for the acceptance by Turkey of A.TR movement certificates established on the basis of such authorisations.
(3) There is furthermore a need to insert the text of various endorsements in the new Community languages resulting from the enlargement of the European Union.
(4) Decision No 1/1999 of the EC-Turkey Customs Co-operation Committee of 28 May 1999, on procedures to facilitate the issue of movement certificates EUR.1 and the making out of invoice declarations under the provisions governing preferential trade between the European Union, Turkey and certain European countries[9], aims at facilitating the issue of such preferential proofs of origin by either the Community or Turkey in the context of the preferential trade agreements they have both concluded with certain countries and which provide between them for a system of cumulation of origin, based on identical rules of origin and a prohibition of any drawback or suspension from customs duties on the goods concerned. The Decision provides for the use by Community and Turkish exporters of supplier's declarations, stating the Community or Turkish originating status, according to the said rules, of the goods received from suppliers in the other part of the Customs Union and for the related methods of administrative co-operation.
(5) Decision No 1/2000 of the EC-Turkey Customs Co-operation Committee of 25 July 2000, on the acceptance, as proof of Community or Turkish origin, of movement certificates EUR.1 or invoice declarations issued by certain countries that have signed a preferential agreement with the Community or Turkey[10], aims at ensuring that goods covered by the Customs Union can benefit from the provisions on free circulation laid down in the basic Decision, also when they are imported into one part of the customs union accompanied by a proof of origin issued in a country with which both the Community and Turkey have concluded preferential trade agreements, providing between them for a system of cumulation of origin, based on identical rules of origin and a prohibition of any drawback or suspension from customs duties on the goods concerned.
(6) Both Decisions have been adopted to facilitate a joint application of the customs union and of the preferential trade arrangements between the Community or Turkey and certain countries. Subject to the necessary adaptations to bring them in line with the Community acquis, it is appropriate incorporating in this Decision the provisions currently laid down in Decisions No 1/1999 and No 1/2000 and to repeal them.
(7) Following the extension of the system of the pan-European cumulation of origin to the other countries which are participants to the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, the necessary reference to proofs of origin EUR-MED should be introduced.
(8) In order to facilitate the implementation of the detailed rules for the application of Decision 1/95, it is appropriate to replace Decision No 1/2001 by a new Decision.