Commission Regulation (EC) No 1808/2006 of 7 December 2006 amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Nepal regarding certain exports of textiles to the Community
Date: 2006-12-07
Institutions: European Commission
Subjects: Nepal, certificate of origin, export, generalised preferences, originating product, textile product

8.12.2006

EN

Official Journal of the European Union

L 343/73

COMMISSION REGULATION (EC) No 1808/2006

of 7 December 2006

amending Regulation (EC) No 1615/2000 derogating from Regulation (EEC) No 2454/93 in respect
of the definition of the concept of originating products used for the purposes of the scheme of
generalised preferences to take account of the special situation of Nepal regarding certain exports of
textiles to the Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

By letter dated 17 July 2006 Nepal submitted a request
for prolongation of the derogation in accordance with
Article 76 of Regulation (EEC) No 2454/93.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (1),
and in particular Article 247 thereof,

Having regard to 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 (2), and in particular Article 76
thereof,

Whereas:

(1)

(2)

(3)

applying

By Council Regulation (EC) No 980/2005 of 27 June
2005
tariff
scheme
preferences (3), the Community granted generalised tariff
preferences to Nepal.

generalised

of

a

Regulation (EEC) No 2454/93 establishes the definition
of the concept of originating products to be used for the
purposes of the scheme of generalised tariff preferences.
Regulation (EEC) No 2454/93 also provides for dero-
least
gations
developed beneficiary countries benefiting from the
generalised system of preferences (GSP) which submit
an appropriate request to that effect to the Community.

definition in favour of

from that

Nepal has benefited from such derogation for certain
textiles since 1997,
instance by virtue of
in the last
Commission Regulation (EC) No 1615/2000 (4). The
validity of Regulation (EC) No 1615/2000 has been
extended until 31 December 2006.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-
lation (EC) No 648/2005 of the European Parliament and of the
Council (OJ L 117, 4.5.2005, p. 13).

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

lation (EC) No 402/2006 (OJ L 70, 9.3.2006, p. 35).

(3) OJ L 169, 30.6.2005, p. 1.
(4) OJ L 185, 25.7.2000, p. 54. Regulation as last amended by Regu-

lation (EC) No 2188/2004 (OJ L 373, 21.12.2004, p. 18).

(5) When the validity of Regulation (EC) No 1615/2000 was
extended until 31 December 2006, it was expected that
new, simpler and more development-friendly GSP rules
of origin would be in force before expiry of the dero-
gation. However the new GSP rules of origin are not
expected to be adopted before 31 December 2006.

(6)

(7)

(8)

Application of the GSP rules of origin currently in force
would have an adverse
effect on investment, and
employment in Nepal as well as on ability of existing
industry in Nepal
to the
to continue
Community.

exports

its

The prolongation period should take account of the time
necessary to adopt and implement new GSP rules of
In addition, the interests of traders concluding
origin.
contracts both in Nepal and in the Community, as well
as the stability of Nepalese industry, require that
the
derogation should be prolonged for a period sufficient
to permit the continuation or conclusion of longer term
contracts.

The derogation should therefore be prolonged until 31
in order
to ensure fair
December 2008. However,
least developed
for Nepal and for other
treatment
countries,
the derogation
continuing need for
the
should be reviewed once new GSP rules of origin are
adopted.

(9)

Regulation (EC) No 1615/2000 should therefore be
amended accordingly.

(10)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

L 343/74

EN

Official Journal of the European Union

8.12.2006

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 1615/2000 is amended as
follows:

1. In the first paragraph the date ‘31 December 2006’

replaced by ‘31 December 2008’;

is

‘The continuing need for the derogation shall however be
reviewed once the new rules of origin of the generalised
system of preferences are adopted.’

Article 2

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

2. The second paragraph is replaced by the following:

It shall apply from 1 January 2007.

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

Done at Brussels, 7 December 2006.

For the Commission

László KOVÁCS
Member of the Commission