Commission Regulation (EC) No 1245/2008 of 12 December 2008 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: 2008-12-12
Institutions: European Commission
Subjects: Nepal, certificate of origin, export, generalised preferences, originating product, textile product

L 335/30

EN

Official Journal of the European Union

13.12.2008

COMMISSION REGULATION (EC) No 1245/2008

of 12 December 2008

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)

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)

a

of

applying

generalised

By Council Regulation (EC) No 980/2005 of 27 June
2005
tariff
scheme
preferences (3), the Community granted generalised tariff
preferences to Nepal. Regulation (EC) No 980/2005 is
due to lapse on 31 December 2008 but will be
replaced as of 1 January 2009 by Council Regulation
(EC) No 732/2008 (4), which confirms the granting by
the Community of the said tariff preferences to Nepal.

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 a dero­
gation from that definition in favour of least-developed
beneficiary countries benefiting from the generalised
system of preferences (GSP) which submit an appropriate
request to that effect to the Community.

Nepal has benefited from such a derogation for certain
textile products under Commission Regulation (EC) No
1615/2000 (5), which has been prolonged several times,
and is due to expire on 31 December 2008.

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.
(3) OJ L 169, 30.6.2005, p. 1.
(4) OJ L 211, 6.8.2008, p. 1.
(5) OJ L 185, 25.7.2000, p. 54.

By letters dated 9 July and 3 October 2008 Nepal
submitted a request for prolongation of the derogation
in accordance with Article 76 of Regulation (EEC) No
2454/93.

(5) When the validity of Regulation (EC) No 1615/2000 was
last extended, by virtue of Commission Regulation (EC)
No 1808/2006 (6), it was expected that new, simpler and
more development-friendly GSP rules of origin would be
applicable before expiry of the derogation. However new
GSP rules of origin have not yet been adopted and it is
now expected that such rules of origin will not be in
place before the end of 2009.

(6)

(7)

(8)

significantly

cumulation would affect

The request demonstrates that the application of the rules
of origin on sufficient working or processing and
the
regional
ability of the Nepalese garment industry to continue its
exports to the Community and deter investment. This
would lead to further business closures and unem­
ployment
it seems that
application of the GSP rules of origin currently applicable
for even a short period would be liable to have the effect
described.

in that country. Furthermore,

The period of prolongation of
the derogation should
cover the time necessary to adopt and implement new
GSP rules of origin. Since the conclusion of longer-term
contracts benefiting from the derogation is of particular
importance to the stability and growth of Nepalese
industry, the prolongation granted should be sufficiently
long to permit the economic operators to conclude such
contracts.

As a consequence of the application of the future new
rules of origin, the Nepalese products which are currently
eligible for preferential
treatment only through
tariff
application of the derogation should in future be able
the new rules of
to qualify through application of
that moment become
origin. The derogation will at
superfluous. In order to ensure clarity for operators,
it
will therefore be necessary to repeal Regulation (EC) No
1615/2000 with effect from the date on which the new
rules of origin apply.

(9)

The derogation should therefore be prolonged until the
date of application of the new rules of origin to be laid
down in Regulation (EEC) No 2454/93, but in any event
it should cease to apply on 31 December 2010.

(6) OJ L 343, 8.12.2006, p. 73.

13.12.2008

EN

Official Journal of the European Union

L 335/31

(10)

(11)

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

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

HAS ADOPTED THIS REGULATION:

the date of application of an amendment

the Community up to the annual quantities listed in the
Annex against each product during the period from 15 July
2000 until
to
Regulation (EEC) No 2454/93 in respect of the definition
the
of
purposes of the scheme of generalised preferences, but in
any
to apply on
31 December 2010.’

concept of originating products used for

that derogation shall

event

cease

the

Article 1

Article 2

Article 2 of Regulation (EC) No 1615/2000 is replaced by the
following text:

‘Article 2

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

The derogation provided for in Article 1 shall apply to
products transported directly from Nepal and imported into

It shall apply from 1 January 2009.

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

Done at Brussels, 12 December 2008.

For the Commission

László KOVÁCS
Member of the Commission