2005/602/EC: Decision No 1/2005 of the EU-Morocco Association Council of 4 August 2005 derogating from Protocol 4, concerning the definition of originating products and methods of administrative cooperation, to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
Date: 2005-08-04
Institutions: EEC–Morocco Cooperation Council
Subjects: Morocco, Türkiye, administrative cooperation, association agreement (EU), clothing, derogation from EU law, originating product

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II

(Acts whose publication is not obligatory)

COUNCIL

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

of 4 August 2005

derogating from Protocol 4, concerning the definition of originating products and methods of
administrative cooperation,
to the Euro-Mediterranean Agreement establishing an association
between the European Communities and their Member States, of the one part, and the Kingdom
of Morocco, of the other part

(2005/602/EC)

THE EU-MOROCCO 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 Kingdom of
Morocco, of
signed at Brussels on 26
February 1996, hereinafter the ‘EU-Morocco Agreement’, and
in particular Article 39 of Protocol 4 of
the Agreement,
concerning the definition of originating products and methods
of administrative cooperation, thereof,

the other part (1),

Whereas:

(1)

(2)

(3)

The Joint Declaration on Article 39 of Protocol 4 to the
EU-Morocco Agreement states that the Community is
prepared to examine any request from Morocco for dero-
gations from the rules of origin after signature of the
Agreement.

On 19 April 2005, Morocco submitted a request for a
derogation from the rules of origin for garments. On 7
June 2005, Morocco completed its request by sending
the list of products and relevant quantities, for a total
amount of 10 890 tons of garments
falling under
chapters 61 and 62 of
the Harmonised Commodity
Description and Coding System.

Pending the entry into force of the Morocco-Turkey Free
Trade Agreement signed on 7 April 2004 and pending
the amendment of the EU-Morocco Protocol on rules of
origin, the derogation would allow the manufacture in
Morocco of originating garments from fabrics originating
in Turkey for export to the Community.

(1) OJ L 70, 18.3.2000, p. 2.

(4)

(5)

(6)

(7)

This derogation applies also to fabrics originating in
Turkey and exported to Morocco from the Community.

This derogation will anticipate the effects of a higher
degree of cumulation as compared to the one provided
for in the current origin protocol, thus contributing to
the development of the Moroccan economy, in particular
of its textile sector.

Accordingly, this derogation should be granted on the
condition that
agreement between
Morocco and Turkey, including its protocol on rules of
origin, has entered into force.

trade

free

the

The derogation should be granted until the entry into
force of the new protocol on rules of origin among
the three Parties concerned, namely Morocco, Turkey
and the Community but,
in any event, for no longer
than a period of one year,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from Annex II to Protocol 4 to the EU-
Morocco Agreement, the garments listed in the Annex to this
Decision and obtained in Morocco from fabric originating in
Turkey shall be considered as originating in Morocco.

Article 2

The derogation provided for in Article 1 may only be applied
provided that preferential rules of origin identical to the rules of
origin contained in Protocol 4 to the EU-Morocco Agreement
are in force between Turkey and Morocco in order to determine
the originating status of the fabrics sourced in Turkey.

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Article 3

Article 6

For the purpose of this Decision and by way of derogation from
Article 18(4) and (5) of Protocol 4 to the EU-Morocco
Agreement, 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 Morocco.

Box 7 of movement certificates EUR.1 issued pursuant to this
Decision shall contain the following indication, in one of the
languages in which the EU-Morocco Agreement is drawn up,
that is to say all Community languages and Arabic:

‘Derogation — Decision No 1/2005’

Article 4

Article 7

The quantities referred to in the Annex shall be managed by the
Commission, which shall take all administrative action 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) shall apply mutatis mutandis to
the management of those quantities referred to in the Annex.

Article 5

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

Morocco and the Member States of the European 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.

This Decision shall apply until the entry into force of the new
protocol on the definition of originating products and methods
of administrative cooperation among Morocco, Turkey and the
Community but, in any event, for no longer than a period of
one year.

Done at Brussels, 4 August 2005.

For the Association Council
The President

M. BENAÏSSA

(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

(products benefiting from the derogation)

Order No

HS heading No

Description

09.1251

6203 42 and

6204 62

6204 63 and

6204 69

Men’s or boys’ trousers, bib and braces overalls, breeches and
shorts of cotton

Women’s or girls’ trousers, bib and braces overalls, breeches
and shorts of cotton

Women’s or girls’ trousers, bib and braces overalls, breeches
and shorts of synthetic fibres

Women’s or girls’ trousers, bib and braces overalls, breeches
and shorts of other textile materials

Quantities
(tons)

6 400

09.1253

6207

Men’s or boys’ singlets and other vests, underpants, briefs,
nightshirts, pyjamas, bathrobes, dressing gowns and similar
articles

860

6211

6212

Tracksuits, ski suits and swimwear; other garments

Brassieres, girdles, corsets, braces, suspenders, garters and
similar articles and parts thereof, whether or not knitted or
crocheted

09.1254

6203 41

Men’s or boys’ trousers, bib and braces overalls, breeches and
shorts of wool or fine animal hair

700

6203 43

6203 49

Men’s or boys’ trousers, bib and braces overalls, breeches and
shorts of synthetic fibres

Men’s or boys’ trousers, bib and braces overalls, breeches and
shorts of other textile materials

09.1255

6205 and

Men’s or boys’ shirts

09.1256

09.1257

09.1258

09.1259

6206

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

6204 51 to 6204 59 Women’s or girls’ skirts and divided skirts

6109 90

T-shirts, singlets and other vests, knitted or crocheted of other
textiles materials

6204 31 to 6204 39 Women’s or girls’ jackets and blazers

6111 30

Babies’
garments
crocheted of synthetic fibres

and clothing

accessories, knitted or

09.1260

6204 42

Women’s or girls’ dresses of cotton

800

800

450

430

350

100

TOTAL

10 890