2003/594/EC: Decision No 1/2003 of the EC-Cyprus Association Council of 24 June 2003 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: 2003-06-24
Institutions: EC–Cyprus Association Council
Subjects: Cyprus, association agreement (EU), clothing, derogation from EU law, originating product, textile product

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Official Journal of the European Union

9.8.2003

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2003 OF THE EC-CYPRUS ASSOCIATION COUNCIL

of 24 June 2003

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

(2003/594/EC)

THE EC-CYPRUS ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association
between the European Economic Community and the Republic
of Cyprus (1), signed in 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 annexed to the Additional Protocol to the Agree-
ment (2), and in particular Article 25 thereof,

Whereas:

(1)

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 in Luxembourg on 19
October 1987 and entered into force on 1 January
1988, that the Community and the EC-Cyprus Associa-
tion Council would, once the said Protocol had entered
into force, take a decision on additional Cypriot requests
for derogations from the rules of origin applicable to
products under heading Nos 6102 and 6103 of the
Common Customs Tariff, introduced as from 1 January
1988 for heading Nos 6204, 6205 and 6206 of the
Combined Nomenclature (CN).

(2)

A derogation from the relevant provisions concerning
the definition of the concept of ‘originating products’ for
the goods in question was granted to Cyprus from 1989
until 2003.

(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.

(3)

(4)

On 11 February 2003, Cyprus submitted a request for a
prolongation of the derogation, but for only one textile
product, i.e. men's and boys' shirts of man-made fibres
(CN code 6205 30 00).

The need for a derogation remains. It is consequently
desirable to grant the derogation for a period of two
years or until Cyprus' accession to the Community if it
takes place before the date of expiry of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

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

the concept of

Article 2

For the purposes of Article 1, products listed in Annex I 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.

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

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Article 3

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.

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 movement certificates EUR.1 have been issued
pursuant to this Decision and the serial numbers of those certi-
ficates. They shall also send the Commission monthly state-
ments of Cypriot
fabrics listed in
imports and exports of
Annex II.

Article 4

The quantity referred to in Annex I shall be managed by the
Commission, which shall
take all administrative actions 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.

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.

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

If requests exceed the available balance of a given quota, quan-
tities 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 product
referred to in Article 1. To that end, all the certificates they

Article 6

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

‘DEROGATION — DECISION No 1/2003

DEDUCTION OF COMMUNITY QUOTA’

in the box marked ‘remarks’, in one of the languages in which
the Agreement is drawn up.

Article 7

Cyprus and the Member States of the European Community
shall take the measures necessary on their part to implement
this Decision.

This Decision shall enter into force on the day on which it is
adopted.

This Decision shall apply for a period of two years starting on
the day of
its adoption, or until Cyprus' accession to the
Community if it takes place before the date of expiry of this
Decision.

Done at Brussels, 24 June 2003.

For the Association Council

The President

G. IACOVOU

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Official Journal of the European Union

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ANNEX I

LIST REFERRED TO IN ARTICLE 1

(product benefiting from the derogation)

Order No

CN code

Description

Annual quantities
(piece)

09.1447

6205 30 00

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

105 000

ANNEX II

LIST REFERRED TO IN ARTICLE 5

(products subject to statistical notification)

CN code

Description

5407 and 5408

5512 to 5516

Woven fabrics of synthetic or artificial filament yarn

Woven fabrics of synthetic or artificial staple fibres

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ANNEX III