Considerations on COM(2010)157 - EU position within the Association Council EU-Tunisia as regards the amendment of Article 15(7) of Protocol No 4 to that Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation

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dossier COM(2010)157 - EU position within the Association Council EU-Tunisia as regards the amendment of Article 15(7) of Protocol No 4 to that ...
document COM(2010)157 EN
date April 20, 2010
 
1. Protocol No 4[1] to the Euro-Mediterranean Agreement between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, hereafter 'the Agreement', as amended by Decision No 1/2006 of the EU-Tunisia Association Council of 28 July 2006[2], concerns the definition of the concept of 'originating products' and methods of administrative cooperation.

2. Article 15 of Protocol No 4 contains a general prohibition of drawback of, or exemption from, customs duties for non-originating materials used in the manufacture of originating products. However, paragraph 7 of this article stipulates that a drawback or exemption may be applied until 31 December 2009 subject to certain conditions.

3. In order to provide clarity, long-term economic predictability and legal certainty for economic operators, the parties have agreed to extend by three years the application period of Article 15(7), with effect from 1 January 2010.

4. Moreover, the rates of customs charges currently applicable in Tunisia should be adjusted to bring them into line with those that apply in the European Union.

5. In accordance with Article 39 of Protocol No 4, the Association Council established by the Agreement should decide to amend the Protocol accordingly.

6. The European Union should therefore adopt the position set out in the attached draft decision within the Association Council.