2005/563/: 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 association agreement with Tunisia - Main contents
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official title
2005/563/: 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| Legal instrument | Other |
|---|---|
| CELEX number i | 22005D0563 |
| Document | 14-07-2005 |
|---|---|
| Publication in Official Journal | 12-12-2008; OJ L 190, 22.7.2005,OJ L 334M , 12.12.2008, p. 3–5 |
| Effect | 14-07-2005; Entry into force See Art 8 |
| End of validity | 14-07-2006; At the latest See Art. 8 |
22.7.2005 |
EN |
Official Journal of the European Union |
L 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:
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...
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