Council Regulation (EC) No 1617/2006 of 24 October 2006 amending Regulation (EC) No 1207/2001 as regards the consequences of the introduction of the system of pan-Euro-Mediterranean cumulation of origin
Date: 2006-10-24
Institutions: Council of the European Union
Subjects: EU customs procedure, customs document, customs regulations, movement certificate, originating product, tariff preference

31.10.2006

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Official Journal of the European Union

L 300/5

COUNCIL REGULATION (EC) No 1617/2006

of 24 October 2006

amending Regulation (EC) No 1207/2001 as regards the consequences of the introduction of the
system of pan-Euro-Mediterranean cumulation of origin

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 133 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1207/2001 of 11 June 2001
on procedures to facilitate the issue of movement certi-
ficates EUR.1, the making out of invoice declarations and
forms EUR.2 and the issue of certain approved exporter
authorisations under the provisions governing prefer-
ential
trade between the European Community and
certain countries (1), lays down rules intended to facilitate
the correct issue or making out of proofs of origin in
relation to exports of products from the Community in
the context of its preferential trade relations with certain
third countries.

A system of pan-European diagonal cumulation of origin
was put
in place in 1997 between the Community,
Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania,
Iceland,
Hungary, Poland, Romania, Slovenia, Slovakia,
Norway and Switzerland (including Liechtenstein) and
extended in 1999 to Turkey. On 1 May 2004,
the
Czech Republic, Estonia, Latvia, Lithuania, Hungary,
Poland, Slovenia and Slovakia acceded to the European
Union.

At the Euro-Med Trade Ministerial Meeting in Toledo of
March 2002, Ministers agreed upon the extension of this
system to the Mediterranean countries, other
than
Turkey, which participate in the Euro-Mediterranean part-
nership, based on the Barcelona Declaration adopted at
the Euro-Mediterranean Conference held on 27 and 28
the Euro-Med Trade Ministerial
November 1995. At
Meeting in Palermo, on 7 July 2003,
the Ministers,
with a view to allowing such an extension, endorsed a
new pan-Euro-Mediterranean model of Protocol to the
Euro-Mediterranean Agreements, concerning the defi-
‘originating products’ and
nition of
methods of administrative cooperation. Further to the

the concept of

(1) OJ L 165, 21.6.2001, p. 1.

of

EC-Faroe

Joint
outcome
the
Committee of 28 November 2003,
it has been agreed
to include also the Faroe Islands in the system of pan-
Euro-Mediterranean diagonal cumulation of origin.

Islands/Denmark

(4)

(5)

(6)

Decisions of the respective Association Council or Joint
Committee introducing the new pan-Euro-Mediterranean
Protocol
in the Euro-Mediterranean Agreements and in
the Agreement between the EC and the Faroe Islands/
Denmark have already been, or will be, adopted.

The application of that new system of diagonal cumu-
lation implies using new types of proof of preferential
origin, consisting in movement certificates EUR-MED and
invoice declarations EUR-MED. Regulation (EC) No
1207/2001 should therefore cover also those types of
proofs of preferential origin.

To allow a correct determination of the originating status
of products and properly support the establishment of
the proofs of origin in that new context, the supplier's
declaration for products having preferential originating
status
statement
showing whether diagonal cumulation has been applied
and with what countries.

should incorporate

an additional

(7)

Regulation (EC) No 1207/2001 should therefore be
amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Regulation (EC) No 1207/2001 is hereby amended as follows:

1. The title shall be replaced by the following:

‘Council Regulation (EC) No 1207/2001 of 11 June 2001 on
procedures to facilitate the issue or the making out in the
Community of proofs of origin and the issue of certain
the provisions
approved exporter
governing
European
the
preferential
Community and certain countries’.

authorisations under
between

trade

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Official Journal of the European Union

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2. In Article 1, point (a) shall be replaced by the following:

‘(a) the issue or the making-out in the Community of proofs
of origin under the provisions governing preferential
trade between the Community and certain countries;’.

‘5. Where there is no reply within five months of the date
the verification request or where the reply does not
of
information to demonstrate the real
contain sufficient
origin of
the
the customs authorities of
country of export shall declare invalid the proof of origin
established on the basis of the documents in question.’.

the products,

3. Article 2(2) shall be replaced by the following:

5. Annex I shall be replaced by the text set out in Annex I to

this Regulation.

‘2.
Supplier's declarations shall be used by exporters as
evidence,
in particular in support of applications for the
issue or the making out in the Community of proofs of
origin under
trade
between the Community and certain countries.’.

the provisions governing preferential

6. Annex II shall be replaced by the text set out in Annex II to

this Regulation.

Article 2

4. Article 10(5) shall be replaced by the following:

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 24 October 2006.

For the Council
The President

J. KORKEAOJA

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ANNEX I

‘ANNEX I

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ANNEX II

‘ANNEX II