2005/563/: Decision No 1/2005 of the EU-Tunisia Association Council of 14 July 2005 derogating from the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation laid down in the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States and the Republic of Tunisia
Date: 2005-07-14
Institutions: EC–Tunisia Association Council
Subjects: Tunisia, Türkiye, administrative cooperation, association agreement (EU), clothing, movement certificate, originating product

22.7.2005

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Official Journal of the European Union

L 190/3

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2005 OF THE EU-TUNISIA ASSOCIATION COUNCIL

of 14 July 2005
derogating from the provisions concerning the definition of the concept of ‘originating products’
and methods of administrative cooperation laid down in the Euro-Mediterranean Agreement
establishing an association between the European Communities and their Member States and the
Republic of Tunisia

(2005/563/EC)

THE EU-TUNISIA ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement estab-
lishing an association between the European Communities and
their Member States, of
the one part, and the Republic of
the other part (1), hereinafter referred to as the
Tunisia, of
‘Agreement’, and in particular to Article 39 of Protocol No 4
to the Agreement, concerning the definition of the concept of
originating products and methods of administrative coop-
eration,

Whereas:

(1)

(2)

(3)

The Joint Declaration on Article 39 of the said Protocol
states that the Community is prepared to examine any
request from Tunisia for derogations from the rules of
origin after signature of the Agreement.

On 16 February 2005 Tunisia submitted a request for a
derogation from the rules of origin for a quantity of
8 040 tonnes of trousers and for a quantity of 1 855
tonnes of other garments falling within chapters 61 and
the Harmonized Commodity Description and
62 of
Coding System.

Pending the entry into force of the Tunisia-Turkey Free
Trade Agreement signed on 25 November 2004 and
pending
abovementioned
the
Protocol
the purpose of Pan-Euro-Mediterranean
cumulation, the derogation would allow the manufacture

amendment

the
for

of

(4)

(5)

(6)

in Tunisia of originating garments from fabrics origi-
nating in Turkey for export to the European Union.

The derogation should be applicable also to fabrics origi-
nating in Turkey and exported to Tunisia from the
Community.

For the purpose of this derogation, Tunisia and Turkey
need to implement identical rules of origin and identical
provisions on administrative cooperation.

The said derogation can be granted until the entry into
force of the Pan-Euro-Mediterranean protocol on rules of
concerned, namely
three Parties
origin among the
Tunisia, Turkey and the EU but,
in any event, for no
longer than a period of one year,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the list in
Annex II to Protocol No 4 to the Agreement, the garments
listed in the Annex to this Decision and manufactured in
Tunisia from fabrics originating in Turkey shall be considered
as originating in Tunisia in accordance with the terms of this
Decision.

Article 2

(1) OJ L 97, 30.3.1998, p. 2. Agreement as amended by the Agreement
in the form of an Exchange of Letters between the European
Community and the Republic of Tunisia concerning reciprocal liber-
alisation measures and amendment of the Agricultural Protocols to
the EC/Tunisia Association Agreement
(OJ L 336, 30.12.2000,
p. 93).

The derogation provided for in Article 1 may be applied only
provided that preferential rules of origin identical to the rules of
origin defined in the said Protocol are in force between Turkey
and Tunisia in order to determine the originating status of the
fabrics originating in Turkey.

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Official Journal of the European Union

22.7.2005

Article 3

Article 6

For the purpose of this Decision and by way of derogation from
the provisions in Article 18(4) and (5) of the said Protocol, the
customs authorities of a Member State of the Community may
issue EUR.1 movement certificates for fabric originating in
Turkey to be exported to Tunisia.

Box 7 of movement certificates EUR.1 issued pursuant to this
Decision shall contain the following indication, in one of the
languages of the Agreement:

‘Derogation — Decision No 1/2005’.

Article 4

Article 7

The quantity given in the Annex shall be managed by the
Commission, which shall
take all administrative actions it
deems advisable for their efficient management. Articles 308a,
308b and 308c of Commission Regulation (EEC) No 2454/93
of 2 July 1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (1) which relate to the management
of tariff quotas shall apply mutatis mutandis to the management
of the quantities referred to in the Annex.

Article 5

The customs authorities of Tunisia shall take the necessary steps
to carry out quantitative checks on the exported products
referred to in Article 1. To that end, all the certificates they
issue pursuant to this Decision shall bear a reference to it. The
the
Tunisian
Commission 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 certificates.

competent

authorities

forward

shall

to

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

Article 8

This Decision shall enter into force on the day of its adoption
and be applicable as soon as the conditions of Article 2 are
fulfilled.

This Decision shall apply until the entry into force of the Pan-
Euro-Mediterranean cumulation of origin among Tunisia,
for no
Turkey and the European Union but,
longer than a period of one year.

in any case,

Done at Brussels, 14 July 2005.

For the Association Council
The President

J. STRAW

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

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ANNEX

LIST AS REFERRED TO IN ARTICLE 1

(product benefiting from the derogation)

HS heading No

Description

ex 620342 and
ex 620462

Men’s or boys’ trousers of cotton
Women’s or girls’ trousers of cotton

ex 620343

Men’s or boys’ trousers of synthetic fibres

ex 620341,
ex 620349,
ex 620461,
ex 620463 and
ex 620469

Men’s or boys’ trousers of wool or fine animal hair
Men’s or boys’ trousers of other textile materials
Women’s or girls’ trousers of wool or fine animal hair
Women’s or girls’ trousers of synthetic fibres
Women’s or girls’ trousers of other textile materials

6208 and 6212 Women’s or girls’ singlets and other vests, slips, petticoats, briefs, panties, night-
dresses, pyjamas, négligés, bathrobes, dressing gowns and similar articles of man-
made fibres
Brassières, girdles, corsets, braces, suspenders, garters and similar articles and
parts thereof, whether or not knitted or crocheted

.6205 and
.6206

611231 to
611239 and
611241 to
611249

620451 to
620459

Men’s or boys’ shirts
Women’s or girls’ blouses, shirts and shirt-blouses

Men’s or boys’ swimwear of synthetic fibres
Men’s or boys’ swimwear of other textile materials
Women’s or girls’ swimwear of synthetic fibres
Women’s or girls’ swimwear of other textile materials

Women’s or girls’ skirts and divided skirts

Quantities
(tonnes)

6 505

674

861

646

663

105

441

Total

9 895