Notice from the Commission pursuant to Article 85 of Regulation (EEC) No 2454/93, implementing the provisions of the Community Customs Code — Generalised System of Preferences (GSP) rules of origin — Extension to Turkey of the bilateral cumulation system established by that article
Date: 2016-04-15
Institutions: European Commission
Subjects: Türkiye, customs regulations, generalised preferences, import, originating product








C_2016134EN.01000101.xml










15.4.2016   


EN


Official Journal of the European Union


C 134/1





Notice from the Commission pursuant to Article 85 of Regulation (EEC) No 2454/93, implementing the provisions of the Community Customs Code — Generalised System of Preferences (GSP) rules of origin — Extension to Turkey of the bilateral cumulation system established by that article
(2016/C 134/01)
Article 85 of Regulation (EEC) No 2454/93 (1), implementing the provisions of the Community Customs Code (the ‘Customs Code Implementing Provisions’ or ‘CCIP’), foresees the possibility for GSP beneficiary countries to use certain materials (2) originating in Norway, Switzerland and Turkey under cumulation of origin (3).
Such a system is already operating in respect of materials originating in Norway and Switzerland (4) and allows GSP beneficiary countries to use materials originating in these two countries under cumulation of origin when producing goods to be exported to the European Union (‘the Union’). For the same system to operate with regard to materials originating in Turkey, this country has to meet two conditions, namely it should:






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apply for the purpose of its GSP scheme a definition of the concept of origin corresponding to the one defined in the GSP rules of origin of the Union, and










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allow, by reciprocity, GSP beneficiary countries to use materials originating in the Union under cumulation of origin when producing goods eligible for GSP preference upon importation in Turkey.




By Ministerial Decree No 2014/7064 published in the Turkish Official Gazette on 31 December 2014 and applicable since 1 January 2015, Turkey has aligned its GSP rules of origin with those of the Union. These rules include a provision which mirrors the abovementioned Article 85 and thus provides for reciprocity. Turkey thus meets the two conditions specified above.
Accordingly, as of 1 January 2015, products originating in Turkey, with the exception of products falling within chapters 1 to 24 of the Harmonised System, may be considered as materials originating in a GSP beneficiary country when incorporated into a product in that beneficiary country, provided that the working or processing carried out there goes beyond the operations described in Article 78(1) CCIP (i.e. the so-called ‘insufficient operations’).
The present notice is published in accordance with Article 85(4) CCIP. The attention of customs authorities and economic operators is drawn to the fact that the system of replacement proofs of origin as provided for in Articles 97d and 97p CCIP will not be implemented in the trade between the Union and Turkey, and vice-versa. Accordingly, only Article 85 and the related provisions of Articles 87, 97m(5), 97u(2) and Annex 18 CCIP will apply to Turkey.


(1)  OJ L 253, 11.10.1993, p. 1.

(2)  Namely materials other than those falling within chapters 1 to 24 of the Harmonised System.

(3)  This allows GSP beneficiary countries to consider such materials as originating, provided that the working or processing they carry out on those materials goes beyond so-called ‘insufficient operations’.

(4)  See notice to importers published in OJ C 104, 4.4.2001, p. 7.