Legal provisions of SEC(2004)1446 - Draft Decision of the EU-Egypt 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)1446 - Draft Decision of the EU-Egypt Association Council amending Protocol 4 to the Agreement, concerning the definition of the ... |
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document | SEC(2004)1446 ![]() |
date | October 11, 2005 |
13.3.2006 | EN | Official Journal of the European Union | L 73/1 |
DECISION NO 1/2006 OF THE EU-EGYPT ASSOCIATION COUNCIL
of 17 February 2006
amending Protocol 4 to the Euro-Mediterranean Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
(2006/185/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 Arab Republic of Egypt, of the other part (1), hereinafter referred to as ‘the Agreement’, signed in Brussels on 25 June 2001, and in particular Article 38 of Protocol 4 thereto;
Whereas:
(1) | Protocol 4 to the Agreement provides for the bilateral cumulation of origin between the Community and Egypt and for diagonal cumulation of origin between the Community, Egypt, Algeria, Cyprus, Israel, Jordan, Lebanon, Malta, Morocco, Syria, Tunisia, Turkey and the West Bank Gaza Strip. |
(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 parties 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) | The reasons which motivated the exclusion of agricultural products originating in Turkey from the system of diagonal cumulation are no longer valid. |
(8) | The Joint Declaration on the transitional period concerning the issuing or making out of documents relating to the proof of origin, the Joint Declaration on cumulation of origin and the Joint Declaration on processing requirements contained in Annex II 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: