Legal provisions of SEC(2004)1440 - Draft decision of the EU-Tunisia Association Council amending Protocol 4 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation - Draft common position of the EC - Main contents
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| dossier | SEC(2004)1440 - Draft decision of the EU-Tunisia Association Council amending Protocol 4 to the Agreement, concerning the definition of the ... |
|---|---|
| document | SEC(2004)1440  |
| date | October 11, 2005 |
| 21.9.2006 | EN | Official Journal of the European Union | L 260/1 |
DECISION NO 1/2006 OF THE EU-TUNISIA ASSOCIATION COUNCIL
of 28 July 2006
amending Protocol 4 to the Euro-Mediterranean Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
(2006/612/EC)
THE 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’, signed in Brussels on 17 July 1995, and in particular Article 39 of Protocol 4 thereto,
Whereas:
| (1) | Protocol 4 to the Agreement provides for the bilateral cumulation of origin between the Community and Tunisia, and for full cumulation of origin between the Community, Tunisia, Algeria and Morocco. |
| (2) | The extension of the system of cumulation is desirable making it possible to use materials originating in the Community, Bulgaria, Romania, Iceland, Norway, Switzerland (including Liechtenstein), the Faeroe Islands, Turkey or in any other country which is a participant in the Euro-Mediterranean partnership, based on the Barcelona Declaration adopted at the Euro-Mediterranean Conference held on 27 and 28 November 1995, in order to develop trade and promote regional integration. |
| (3) | For the purposes of implementing the extended system of cumulation only between the countries which have fulfilled the necessary conditions and in order to avoid circumvention of customs duties, it is necessary to introduce new provisions concerning certification of origin. |
| (4) | For the purposes of implementing the extended system of cumulation and in order to avoid circumvention of customs duties, it is necessary to harmonise the provisions concerning the prohibition of drawback of, or exemption from, customs duties and the processing requirements laid down in Protocol 4 for non-originating materials to obtain originating status. |
| (5) | The extended system of cumulation of origin implies that the same provisions on rules of origin apply in the context of preferential agreements concluded between the countries concerned. |
| (6) | Goods in transit or storage on the day on which this Decision becomes applicable should be covered by transitional provisions allowing them to benefit from the extended system of cumulation; |
| (7) | To facilitate trade and simplify administrative tasks it is desirable to allow trade operators to use long-term suppliers' declarations. |
| (8) | Joint Declarations concerning the Principality of Andorra and the Republic of San Marino have to be introduced while at the same time Joint Declarations on Articles 1, 19, 33 and 39 do not need to be maintained. |
| (9) | Some technical amendments are required in order to correct anomalies in and between the different language versions of the text. |
| (10) | It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitating the work of users and customs administrations, to incorporate in a new text of Protocol 4 all the provisions in question, |
HAS DECIDED AS FOLLOWS:
Article 1
Protocol 4 to the Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.
Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from the first day of the month following the day of its adoption.