2001/360/EC: Decision No 1/2001 of the EC-Cyprus Association Council of 30 March 2001 derogating from the provisions concerning the definition of the concept of originating products laid down in the Agreement establishing an association between the European Economic Community and the Republic of Cyprus
Date: 2001-03-30
Institutions: EC–Cyprus Association Council
Subjects: Cyprus, association agreement (EU), customs regulations, derogation from EU law, originating product

9.5.2001

EN

Official Journal of the European Communities

L 127/51

DECISION No 1/2001 OF THE EC-CYPRUS ASSOCIATION COUNCIL

of 30 March 2001

derogating from the provisions concerning the definition of the concept of originating products
laid down in the Agreement establishing an association between the European Economic
Community and the Republic of Cyprus

(2001/360/EC)

THE EC-CYPRUS ASSOCIATION COUNCIL,

HAS DECIDED AS FOLLOWS:

Having regard to the Agreement establishing an association
between the European Economic Community and the Republic
of Cyprus (1), signed at Brussels on 19 December 1972, herein-
after referred to as ‘the Agreement’,

Having regard to the Protocol concerning the definition of the
concept of originating products and methods of administrative
cooperation (2) annexed to the Additional Protocol
to the
Agreement, and in particular Article 25 thereof,

Article 1

By way of derogation from Article 3(1) of
the Protocol
concerning the definition of the concept of originating prod-
ucts and methods of administrative cooperation, products listed
in Annex I to this Decision and manufactured in Cyprus shall,
within the limits of the quantities indicated and under the
conditions set out below, be considered as originating products
for the purposes of the Agreement.

Whereas:

(1)

(2)

(3)

(4)

It was agreed, in the joint Declaration by the Contracting
Parties concerning the rules of origin, attached to the
Final Act of the Protocol laying down the conditions and
procedures for the implementation of the second stage
of the Agreement establishing an association between
the European Economic Community and the Republic of
Cyprus and adapting certain provisions of the Agree-
ment (3), which was signed at Luxembourg on 19
October 1987 and entered into force on 1 January
1988, that the Community and the Association Council
would, once the said Protocol had entered into force,
take a decision on additional Cypriot
for
derogations from the rules of origin applicable to prod-
ucts under heading Nos 6102 and 6103 of the Common
included as from 1 January 1988 in
Customs Tariff,
headings Nos 6204, 6205 and 6206 of the Combined
Nomenclature (CN).

requests

Article 2

For the purposes of Article 1, products listed in Annex I
1.
shall be considered as originating in Cyprus provided that, as a
result of working or processing carried out in Cyprus, the
products obtained are classified under a tariff heading other
than that covering each of the materials worked or processed.

Notwithstanding paragraph 1,

2.
the manufacture of
garments from parts of garments falling within CN code
6217 90 00 shall not be considered as sufficient working or
the parts have been obtained in the
processing, unless
Community from fabric cut to size and are covered by a
supplier's declaration made out on an invoice or other accom-
panying document, of which a specimen is given in Annex III.

Article 3

A derogation from the relevant provisions concerning
the definition of the concept of originating products for
the goods in question was granted to Cyprus in 1989
for a period of two years by Decision No 1/89 of the
Association Council of 28 July 1989 (4), as extended for
four other two-year periods.

Materials not originating in Cyprus or in the Community and
used for the manufacture of the products referred to in Article
1 shall not be eligible for any form of drawback, exemption
from customs duties or charges having equivalent effect to
customs duties, with the exception of any amounts exceeding
the corresponding duties of the Common Customs Tariff.

On 19 July 2000, Cyprus submitted a request for a
prolongation of the derogation.

Article 4

The need for a derogation remains. It is consequently
desirable to prolong the said derogation for a period of
two years,

(1) OJ L 133, 21.5.1973, p. 2.
(2) OJ L 339, 28.12.1977, p. 2.
(3) OJ L 393, 31.12.1987, p. 2.
(4) OJ L 230, 8.8.1989, p. 3. Decision as last extended by Association
Council Decision No 1/97 of 24 July 1997 (OJ L 215, 7.8.1997,
p. 36).

The quantities referred to in Annex I shall be managed by the
Commission, which shall take all administrative action it deems
advisable for their efficient management.

Where an importer presents, in a Member State, a declaration
of entry for free circulation, including an application for the
benefit of this Decision, the Member State shall, if the declara-
tion has been accepted by the customs authorities, notify the
Commission of its wish to draw the amount corresponding to
its requirements.

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Official Journal of the European Communities

9.5.2001

Applications to draw, showing the date of acceptance of
declarations, shall be transmitted to the Commission without
delay.

Withdrawals shall be granted by the Commission in order of
date of acceptance of declarations of entry for free circulation
by the Member States' customs authorities, provided that the
available balance permits.

Article 6

EUR. 1 movement certificates issued pursuant to this Decision
shall be endorsed:

‘DEROGATION — DECISION 2001/360/EC

DEDUCTION COMMUNITY QUOTA’

If a Member State fails to use a withdrawal it shall return it, as
soon as possible, to the appropriate quota.

in the ‘remarks’ box,
Agreement is drawn up.

in one of the languages in which the

If requests exceed the available balance of a given quota, quant-
ities shall be allocated on a pro rata basis. The Commission
shall inform the Member States of withdrawal on the quotas.

Each Member State shall ensure that importers have continuous
and equal access to the amounts available as long as the
balance permits.

Article 5

The customs authorities of Cyprus shall take the necessary
steps to carry out quantitative checks on exports of the prod-
ucts referred to in Article 1. To that end, all the certificates they
issue pursuant to this Decision shall bear a reference to it. The
competent authorities of Cyprus shall forward to the Commis-
sion every three months a statement of the quantities in respect
of which EUR. 1 movement certificates have been issued
pursuant to this Decision and the serial numbers of those
certificates. They shall also send the Commission monthly
statements of Cypriot imports and exports of fabrics listed in
Annex II.

Article 7

The Republic of Cyprus,
and the
Community shall take the measures necessary on their part to
implement this Decision.

the Member States

Article 8

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

This Decision shall apply for a period of two years, starting on
the day of its adoption.

Done at Brussels, 30 March 2001.

For the Association Council

The President

A. LINDH

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Official Journal of the European Communities

L 127/53

ANNEX I

List referred to in Article 1

(products benefiting from the derogation)

Order No

CN code

Description

09.1441

6204 43 00

Dresses of synthetic fibres

Annual quantities
(pieces)

13 000

09.1443

6204 53 00
6204 59 10

Skirts and divided skirts of synthetic or artificial fibres

8 000

09.1447

6205 30 00

Men's or boys' shirts, of man-made fibres

09.1445

6206 40 00

Women's or girls' blouses, shirts and shirt-blouses, of man-
made fibres

105 000

155 000

ANNEX II

List referred to in Article 5

(products subject to statistical notification)

CN code

Description

5407
5408

Woven fabrics of synthetic or artificial filament yarn

5512 to 5516

Woven fabrics of synthetic or artificial staple fibres

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ANNEX III

Declaration for products not having preferential origin status

I, the undersigned, declare that the goods listed on this invoice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)
were produced in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)
and incorporate the following components or materials which do not have Community origin for preferential trade:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6).

I undertake to make available to the customs authorities any additional evidence they may require.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)

Note: The text inside the box suitably completed in conformity with the footnotes below, constitutes a supplier's declaration. The footnotes do

not have to be reproduced.

(1)

If only some of the goods listed in the invoice are concerned, they should be clearly indicated or marked and this mark entered on the
declaration as follows: ‘Listed on this invoice and marked . . . . . . . . . . . . . ., were produced . . . . . . . . . . . . . .’.
If a document other than the invoice or an Annex to the invoice is used, the name of the document concerned shall be mentioned instead of
the word ‘invoice’.

(2) The Community or Member State.
(3) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of

the goods concerned to be determined.
(4) Customs values to be given only if required.
(5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to be given as ‘non-member’

(6)

country.
‘And have undergone the following processing in (the Community) (Member State) . . . . . . . . . . . . . . .’ to be added with a description of the
processing carried out if this information is required.

(7) Place and date.
(8) Name and function in company.
(9) Signature.