CELEX: 51991PC0479
Language: en
Date: 1991-12-02
Title: Proposal for a COUNCIL REGULATION ( EEC ) on the implementing methods for Decision of the EEC­Cyprus Association Council derogating from the provisions concerning the definition of the concept of ' originating products ' laid down in the agreement establishing an association between the European Economic Community and the Republic of Cyprus

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            C0M(91) 479 final
                                            Brussels, 2 December 1991
                               Proposal for a
                         nmiMCIL REGUIATION (EEC)
              on the laplesttnting Methods for Decision No
                    of the EEC-Cyprus Association Council
      derogating fro» the provisions concerning the definition of the
        concept of 'originating products' laid down in the agreement
    establishing an association between the European Economic Cowmunlty
                          and the Republic of Cyprus
                       (presented by the Commission)
 ---pagebreak---                                  ?m   AMATORY MEMORANDUM
According   to the current    rules of origin of the EEC-Cyprus Agreement,
garments   manufactured    in  Cyprus    may  only    benefit   from   preferential
treatment on   import   into the Community     if they are made up from fabric
woven in Cyprus or in the Community.
As pratically no weaving takes place on the island, Cyprus has been granted
since  the   entry   into  force   of   the  Association    Agreement    in  1973 a
derogation for men's garments, allowing the use of imported fabric.
An equivalent derogation for women's garments and for men's shirts has been
granted in 1989 for a period of two years by Decision No. 1/89 of the EEC-
Cyprus Association Council of 28 July 1989 ( 1 ) .
Cyprus has requested the prolongation of this last derogation and a draft
decision  of   the  EEC-Cyprus    Association    Council   granting   to   Cyprus a
prolongation of the said derogation has been approved by the Commission on
24 July 1991.
The Commission   is charged with the management of the quantitative limits
fixed in the decision in question.
To this end it is proposed to the Council to adopt a draft regulation on
the implementing methods for the said decision.
(1)   OJ No. L 230 of 8 August 1989, p. 3.
 ---pagebreak---                                                                                 3
                                 Proposal for a
                        COUNCIL REGULATION (EEC) No
                                 Of
               on the Implementing Methods for Decision No
                     of the EEC-Cyprus Association Council
       derogating fro» the provisions concerning the definition of the
         concept of 'originating products' laid down In the agreement
     establishing an association between the European Economic Community
                             and the Republic of Cyprus
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement       establishing an Aesociation between      the European
                                                             1
Economic    Community    and    the   Republic   of   Cyprus* )  was   signed   on
19 December 1972 and entered into force on 1 June 1973;
Whereas the Additional       Protocol^) to the said Agreement was signed at
Brussels on 15 September 1977 and entered into force on 1 June 1978;
Whereas, pursuant to Article 25 of the Protocol concerning the definition
of the concept of       'originating products' and methods of administrative
cooperation, annexed to the Additional Protocol, as extended by Article 2
of   the   Protocol   laying    down   the  conditions  and  procedures   for  the
implementation    of   the   second   etage of   the Agreement   establishing   an
association between the european Economic Community and the Republic of
Cyprus and adapting       certain provisions of     the Agreement,(3>   which  was
signed at Luxembourg on 19 October 1987, entered into force on 1 January
1988   and   forming  an    integral   part  of  the agreement,   the   EEC-Cyprus
Association Council has adopted Decision No             derogating from the rules
of origin applicable to certain textile products;
(1)    OJ NO. L 133, 21.5.1973, p. 2.
(2)    OJ NO. L 339, 28.12.1977, p. 2.
(3)    OJ NO. L 393, 31.12.1987, p. 2.
 ---pagebreak---                                                                            y
Whereas the implementing methods for this Decision should be fixed,
HAS ADOPTED THIS REGULATION:
                                  Article 1
1.    The quantities   listed   in Annex  1 to Decision    No.  ... shall  be
      administered  by  the   Commission.   If an  importer  entere  for  the
      circulation  in a Member State a product covered by a certificate
      EUR.1 bearing the endorsement referred to in Article 4 of Decision
      No. ... and that entry is accepted by the customs authorities, the
      Member State concerned shall, by notifying the Commission, draw an
      amount corresponding to the requirements.
2.    Requests for drawings, endorsed with the date of acceptance of the
      said entry, must be forwarded to the Commission forthwith.
3.    Drawings shall be granted by the Commission in chronological order of
      the date of acceptance by the customs authorities of the Member State
      concerned of the entry for free circulation to the extent that the
      available balance of the said amount so permits.
4.    Should a Member State fail to use the quantities it has drawn, it
      shall return them as soon as possible.
5.    If the quantities requested are greater than the available balance of
      the amount, they shall be granted pro rata, pursuant to paragraph 3.
      The Commission sha 11 inform the Member States of the drawings made.
      Member States shall be Informed forthwith when the quantity has been
      used up.
 ---pagebreak---                                                                       s
                                 Article 2
This  Regulation  shall apply  for  a period  of  two years  starting  from
28 July 1991.
                                 Article 3
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
It shall be binding in ite entirety and directly applicable in all Member
States.
Done at Brussels,
                                         For the CounciI
                                         The President
 ---pagebreak---                            SME impact statement
The proposal will not have any effect on competition and employment in the
Community.
 ---pagebreak---                                                                 ••••            -f
                                                                     ISSN 0254-1475
                                                              COM(91) 479 final
                                                     DOCUMENTS
EN                                                                         03 02
                                Catalogue number : CB-CO-91-532-EN-C
                                                             ISBN 92-77-77898-9
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