Decision No 1/1999 of the EC-Turkey Association Council of 5 January 1999 on the introduction of common outward processing arrangements for textiles and clothing
Date: 1999-01-05
Institutions: EC–Turkey Association Council
Subjects: Türkiye, association agreement (EU), clothing, outward processing, textile product

9.2.1999

EN

Official  Journal  of  the  European  Communities

L 35/45

DECISION  No  1/1999  OF  THE  EC-TURKEY  ASSOCIATION  COUNCIL

of  5  January  1999

on  the  introduction  of  common  outward  processing  arrangements  for  textiles  and  clothing

(1999/117/EC)

THE  EC-TURKEY  ASSOCIATION  COUNCIL,

the  Agreement  establishing  an
Having  regard 
Association between the European Economic Community
and  Turkey (1),

to 

Whereas  the  measures  in  question  should  preferably
anticipate  any  future  needs  regarding  economic  outward
processing  arrangements;  whereas  they  should  therefore
be  global  in  nature,

Having  regard  to  Decision  No  1/95  of  the  EC-Turkey
Association  Council  of  22  December  1995  on
implementing  the  final  phase  of  the  customs  union (2),

HAS  DECIDED  AS  FOLLOWS:

arrangements’;  whereas 

Whereas,  pursuant  to  the  eighth  indent  of  Article  12(1)
of  Decision  No  1/95,  Turkey  has  applied  provisions  to
introduce  outward  processing  arrangements  for  textiles
‘economic
and  clothing,  hereinafter  referred  to  as 
outward  processing 
such
arrangements  may  apply  on  the  Community  side  where
goods  in  free  circulation  of  Community  origin  are
exported temporarily to a third country to be reimported
in  the  form  of  compensating
into  the  Community 
products  and,  on  the  Turkish  side,  where  goods  in  free
circulation  of  Turkish  origin  are  exported  temporarily  to
a third country to be reimported into Turkey in the form
of  compensating  products;

should  be  adopted 

Whereas  measures 
to  allow
compensating  products  to  be  reimported  into  a  part  of
the customs union other than that from which the goods
were exported for processing in a third country under the
economic  outward  processing  arrangements,  and  to
enable goods in free circulation originating in one part of
the  customs  union  which  are  to  be  processed  in  a  third
country  to  be  placed  under  the  economic  outward
processing arrangements in the other part of the customs
union;  whereas  these  measures  must  be  based  on  the
economic  outward  processing  arrangements  already
applying  in  both  parts  of  the  customs  union;

Whereas  an  evaluation  should  be  undertaken  two  years
after  this  Decision  enters  into  force  to  establish  how  the
economic  outward  processing  arrangements  are  working;
whereas  such  arrangements  will  have  to  be  adjusted  if
any cases of fraud or disruption of the textile market are
detected;

(1) OJ  217,  29.12.1964,  p.  3687/64.
(2) OJ  L  35,  13.2.1996,  p.  1.

Article  1

1.
The  purpose  of  this  Decision  is  to  adopt  measures
providing  for  economic  outward  processing  operations
which  concern  both  parts  of  the  customs  union.  The
in  question  are  those  undertaken  under
operations 
economic outward processing arrangements based on the
following  legal  instruments:

— for 

the  Community,  Council  Regulation 

(EEC)
No  3030/93  of  12  October  1993  on  common  rules
for  imports  of  certain  textile  products  from  third
countries (3),  Council  Regulation  (EC)  No  517/94  of
7 March 1994 on common rules for imports of textile
products  from  certain  third  countries  not  covered  by
bilateral agreements, protocols or other arrangements,
or  by  other  specific  Community  import  rules (4)  and
Council  Regulation  (EC)  No  3036/94  of  8  December
1994  establishing  economic  outward  processing
textiles  and
arrangements  applicable 
clothing  products  reimported  into  the  Community
after  working  or  processing 
third
countries (5),

in  certain 

to  certain 

— for  Turkey,  Decree  No  95/6815  of  30  April  1995  on
surveillance  and  safeguard  measures  for  imports  of
certain  textile  products,  Decree  No  95/6816  of
30  April  1995  on  the  surveillance  and  safeguard
measures  for  imports  of  textile  products  originating

(3) OJ  L  275,  8.11.1993,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1053/98  (OJ  L  151,  21.5.1998,  p.  10).
(4) OJ  L  67,  10.3.1994,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  1457/97  (OJ  L  199,  26.7.1997,  p.  6).

(5) OJ  L  322,  15.12.1994,  p.  1.

L 35/46

EN

Official  Journal  of  the  European  Communities

9.2.1999

in  certain  countries  not  covered  by  bilateral
agreements, protocols and other arrangements, Decree
No  96/8703  of  27  September  1996  on  economic
outward  processing  arrangements  applicable 
to
certain  textiles  and  clothing  products  reimported  into
Turkey  after  processing  in  certain  third  countries.

2.

For  the  purposes  of  this  Decision:

— ‘part  of  the  customs  union’  means  the  European

Community  or  Turkey  as  the  case  may  be,

— other terms are defined, mutatis mutandis, in the legal

instruments  referred  to  in  paragraph  1.

Article  2

1. Where, on the basis of the legal instruments referred
to 
in  Article  1(1)  economic  outward  processing
arrangements  are  applied  in  one  part  of  the  customs
union,  compensating  products  may  be  imported  into  the
other  part  of  the  customs  union  in  accordance  with  the
terms  of  these  arrangements.

2.
The  goods  for  which  economic  outward  processing
arrangements  are  authorised  in  one  part  of  the  customs
union  on  the  basis  of  the  legal  instruments  referred  to  in
Article 1(1) shall originate in a part of the customs union,
without prejudice to the derogations allowed pursuant to
Regulation  (EC)  No  3036/94  and  the  corresponding
Turkish legislative act.

Article  3

Every  two  years  as  from  the  entry  into  force  of  this
Decision,  the  EC-Turkey  Association  Council  shall,  on
the  basis  of  a  report  by  the  EC-Turkish  Customs
Cooperation  Committee  set  up  by  Decision  No  2/69
of 
the  EC-Turkey  Association  Council,  undertake
an  evaluation  of  the  economic  outward  processing
arrangements  established  by  this  Decision  and  shall  if
necessary  take  measures  to  correct  any  problems.

Article  4

The  EC-Turkish  Customs  Cooperation  Committee  shall
lay  down  the  appropriate  measures  to  implement  this
Decision.

Article  5

This  Decision  shall  enter  into  force  on  1  January  1999.

Done  at  Brussels,  5  January  1999.

For  the  EC-Turkey  Association  Council

The  President

J.  FISCHER