Considerations on COM(2024)559 -

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2024)559 - .
document COM(2024)559
date November 29, 2024
 
(1) The Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12 September 19630 (Association Agreement), defines the scope and content of the association relationship, while the final phase of the customs union is defined in Decision No 1/95 of the Association Council, established by Article 6 of the Association Agreement, of 22 December 19950, which entered into force on 31 December 1995.

(2) Pursuant to Article 24 of the Association Agreement, the Association Council may decide to set up committees to assist in the performance of its tasks.

(3) Decision No 2/69 of the Association Council of 15 December 19690 established the Customs Cooperation Committee.

(4) Article 28, paragraphs 1 and 3 of Decision No 1/95 of the Association Council tasked the Customs Cooperation Committee with laying down the appropriate measures to implement the customs provisions contained in the same Decision.

(5) Article 6.1 of Decision No 1/2006 of the Customs Cooperation Committee of 26 July 20060 establishes that the A.TR movement certificate constitutes the documentary evidence that the conditions for implementing the provisions on free circulation laid down in Decision 1/95 are met.

(6) At the beginning of 2020, due to the COVID-19 pandemic, contacts between the customs authorities of the EU partner countries and economic operators were suspended in a number of countries. It was therefore considered appropriate to adopt exceptional measures applicable on a reciprocal basis, aimed at accepting movement certificates issued electronically with a digital signature, stamp or cachet of the competent authorities, or a copy in paper or electronic form (scanned or available online).

(7) Those measures were also applicable to the A.TR movement certificates for the purpose of free circulation of goods within the EU–Türkiye customs union.

(8) Since the exceptional circumstances that led to the adoption of these flexible measures were no longer considered relevant, it was decided that the measures in place were no longer applicable as of 1 May 2024.

(9) The European Union and Türkiye acknowledged that the experience of trade under the exceptional measures adopted due to the COVID-19 pandemic was positive and considered it appropriate to establish a proper legal framework to re-introduce these good practices. To this effect, a decision of the Customs Cooperation Committee constitutes an appropriate legal basis.

(10) As of 8 July 2024, the Parties agreed to accept electronically issued A.TR movement certificates provided that an ad hoc decision of the EU–Türkiye Customs Cooperation Committee is adopted, with a retroactive effect as of 8 July 2024, to ensure continuity to the good practices re-established as of that date, without prejudice to actions undertaken by the customs administrations of both parties during the period from 1 May 2024 to 8 July 2024, and not affecting rights granted to individuals during the same period.

(11) The Customs Cooperation Committee is expected to adopt a decision on the use of A.TR movement certificates issued electronically.

(12) It is appropriate to establish the position to be taken on the European Union’s behalf within the Customs Cooperation Committee as the decision will become applicable in the Union.