2006/981/EG: Decision No 1/2006 of the EU-South Africa cooperation council of 12 December 2006 on the amendment of Annex II and Annex III to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (TDCA), to phase out and eliminate the duties on some automotive products - Hoofdinhoud

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27.12.2006 NL L 370/1 Publicatieblad van de Europese Unie

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RAAD

DECISION No 1/2006

OF THE EU-SOUTH AFRICA COOPERATION COUNCIL

van 12 december 2006

on the amendment of Annex II and Annex III to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (TDCA), to phase out and eliminate the duties on some automotive products

(2006/981/EG)

THE EU-SOUTH AFRICA COOPERATION COUNCIL,

Having regard to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part¹, signed in Pretoria on 11 October 1999 and in particular Article 106(1) thereof, Whereas:

• (1) 

  In order to ensure clarity, long term economic predictability and legal certainty for

economic operators, the parties have agreed to consolidate into the TDCA the remaining tariff preferences granted to South Africa on automotive products, by the Community scheme of generalised tariff preferences (GSP) and not yet provided for by the Community tariff concessions listed in Annex II, List 4 to the TDCA.

OJ L 311, 4.12.1999, p. 3. Agreement as last amended by the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (OJ L 68, 15.3.2005, p. 33).

• (2) 

  The parties have also agreed to consolidate into the TDCA the commitments undertaken by South Africa to improve market access on automotive products originating in the Community and not yet provided for in Annex III to the TDCA.

• (3) 

  Article 106(1) of the TDCA empowers the Cooperation Council to amend the TDCA in order to accelerate the reduction of customs duties more rapidly than is provided for in Articles 11, or otherwise improve the conditions of access under this Article.

• (4) 

  This Decision should supersede the terms laid down in Article 11 for the products concerned.

• (5) 

  It is desirable to ensure smooth transition from the GSP to the preferential bilateral trade regime established by the TDCA by allowing GSP proofs of origin (certificate of origin Form A or invoice declaration) to be submitted for a certain period of time,

HAS DECIDED AS FOLLOWS:

Article 1

Annex II and Annex III to the TDCA are hereby amended in accordance with the provisions set out in the Annex to this Decision.

Article 2

This Decision supersedes the terms laid down in Article 11 of the TDCA with respect to imports into the Community of the products concerned.

Article 3

Proofs of origin issued in South Africa in the framework of the Community scheme of generalised tariff preferences (GSP) shall be accepted in the European Community as valid proofs of origin under the preferential bilateral trade regime established by the TDCA, provided that:

(i)    the proof of origin is submitted within ten months of the date of entry into force of this Decision;

(ii)    the proof of origin and the transport documents were issued no later than the day before the date of entry into force of this Decision; and

(iii)    the proof of origin is presented at import into the European Community for the benefit of tariff preferences previously granted under the GSP which are consolidated by this Decision.

Article 4

This Decision shall enter into force on the day of its adoption.

It shall apply from 15 December 2006.

Done at Brussels, 12 December 2006

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