CELEX: 51974PC1116
Language: en
Date: 1974-07-18
Title: Draft Decision of the Association Council EEC-Turkey amending Decision 4/72 on the definition of the concept of originating products from Turkey for implementation of Chapter I of Annex No 6 of the Additional Protocol to the Ankara Agreement#Proposal for a Regulation of the Council of the European Communities amending Regulation (EEC) No 428/73 on the application of certain decisions of the Association Council EEC-Turkey (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1116
Vol. 1974/0181
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EURGEBAN COMMUNÎTIES
                                              COM(74)1116 final
                                              Brussels . 18 July 1974
                                        Draft
                 Decision of the Association Council EEC-Turkey
                 amending Decision 4/72 on the definition of
                the concept of originating products * from Turkey
                  for implementation of Chapter I of Annex No 6
               of the Additional Protocol to the Ankara Agreement
                                  Proposai for a
              Regulation of the Council of the European Communities
              amending Regulation ( EEC ) No 428/73 on the application
           of certain decisions of the Association Council EEC- Turkey
                   ( submitted to the Council "by the Commission)
   COH(74 ) 1116 final
 ---pagebreak---                             EXPLAOTOHï NOTE
  According to the provisions of Article 1 ( f) of Decision No . 4/ 72 of the
  Association Council EEC - Turkey of 29 December 1972 on > the definition
  of the concept of " originating products" from Turkey for implementation
  of Chapter I of Annex 6 of the Additional Protocol, goods obtained in Turkey
  by working or processing products specified in sub-paragraphs ( a ) to ( e )
  are regarded as goods originating in Turkey even if other products are in­
  corporated on an accessory basis in their manufacture whatever the origin
  of those products .
  "Incorporated on an accessing basis"means that the quantity of products ,
  other than those specif! od in sub-paragraph ( a) to ( e ) of Article 1 of thei. J
  Decisions used in manufacture may not exceed lCfo .
  Under these provisions goods obtained in Turkey by the processing of products
  originating in Turkey would not be considered to be of Turkish origin even if
  the " other" products incorporated into manufacture exceeding 10 per cent of
  the Turkish agricultural products used , are products obtained in either the
  Community or in Turkey which satisfy the conditions of Article 2 and 3 of
  the Additional Protocol .
  It has been said that this rule is unnecessarily rigid because it stops certain
  Turkish goods acquiring the necessary origin to benefit from preferential
  treatment on importation into the Community .
  At the 5th .- meeting held in Istanbul on 2 June 1973 the Customs Co-operation
  Committee EEC-Turkoy agreed unanimously to amend Decision Ho . 4/72 so that
  only products not obtained in Turkey or the Community need to be incorporated
  on an accessary basis into manufacture .
  The proposal for a Decision of the Association Council covers this point
( Annex I )
  Under Regulation ( EEC ) 423/73 of 5 February 1973 , as amended by Regulation
  ( EEC ) 3573/73      of 17 December 1973, the Council of the European Committees
  adopted provisions for the implementation of certain Decisions of the
  Association Council EEC-Turkey including that relating to the rules of origin
  for the implementation of the provisions of Chapter I of Annex 6 to the
  Additional Protocol .
  ( l ) Regulation ( EEC ) 428/73 of "the Council on the implementation of Decision No .
        5/72 and 4/72 of the Association Council under the Agreement setting up an
        Association between the Euro pern Communities and Turkey- OJ L 59 , 5 • 3 • 73 » P«73
  ( 2 ) OJ L 359 , 28.12.73 , p.l
 ---pagebreak--- In view of the amendraent covered, "by the proposed Decision under I the
regulation referred to alga - needs to, be amended to meet the new situation .
Additionally to avoid different rules of origin for similar trade between
Turkey and the Community dependent upon whether the goods are or are not
listed in- Annez 6 of the Additional Protocol , the Customs Co-operation
Committee agreed to an extension of the rules of origin laid doTin "by the
Association Council for all importations into the Community for goods coming
from Turkey for which documentary evidence of Turkish origin must be pro­
duced .
The regulation put to the Council of the European Communities is based on
these two considerations ( Anner II ).
 ---pagebreak---                                                               Annex I
                                         Droit
                  Esci si on of the Association Council EEC - Turkey
                  amending' Decision 4/72 on the .
                  definition of the concept of originating products'
                  from Turkey for implementation of Chapter 1 of Annex
                  No 6 of the Additional Protocol to the Ankara Agreement .
THE ASSOCIATION COUNCIL ,
HAVING REGARD to the Agreement establishing an Association between the European
Economic Community and Turkey ?
HAVING REGARD to the Additional Protocol to that Agreement , and in particular
Article 16 of Annex 6 ?
WHEREAS Decision No . .4/72 of 29 December 1972 laid down the definition of origi­
nating products from Turkey for implementation of Chapter I 1 Annex 6 of the
Additional Protocol to the Ankara Agreement ?
WHEREAS in accordance with the provisions of Article l(f) of that Decision, goods
obtained in Turkey by working or processing the products specified in subparagraphs
( a) to ( e), even if other products are incorporated on an accessory basis in their
manufacture , whatever the origin of those products , are considered as " originating
product's'-!*" from Turkey ? whereas in accordance with Explanatory Note 5 of that
Decision "incorporated on an accessary basis" means that the quantity of products
other than those specified in sub-paragraphs ( a) to ( e) of Article 1 of the
Decision , used in manufacture msynot exceed 10$ ;
WHEREAS this rule is said to be unnecessarily rigid because it prevents certain
Turkish goods acquiring the necessary origin to benefit from preferential treatment
on importation into the Community even if the products other than those referred to
in sub-paragraphs ( a) to ( e) incorporated in excess of \Q?fo into the manufacture
of goods satisfy the conditions set out in Articles 2 and 3 of the Protocol }
WHEREAS accordingly more flexibility of the rules of origin on this point tvould
only be of advantage to one or other of the partners to the Agreement ?
HAS DECIDE'D A* FOLLO'
 ---pagebreak---                                       - 2 -                         Δτϋαβχ- Χ.
            \
                                       -Artide
                 \ .                     1 iiii
        t      ,                                v -T '   * :
      The following                                                              «v^/T2^
of 29 December 1972 :                                :
"( f) goods obtained in Turkey "by working or processing the products specified,
      in sub-paragraphs ( a) to ( e). even . if other products are incorporated
      in their manufacture on condition that products obtained outside Turkey
      or the Community are only incorporated -on an-^-aooessary-. frafii ari^to^manur-
      facture".                                                                ■
      Done at Brussels                                 -    For the Association Council
                                                                The Président
 ---pagebreak---                                                              Annex II
                                        Proposai
                                    for a
               Regulation of the Council of the European Communities
                amending Regulation (EEC ) No 423/73 on the application
                of certain decisions of the Association Council EEC -
                                   Turlcey
 THE COUNTRIL 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 Regulation ( EEC) 428/73^ of the Council of 5 February 1973 on
 the implementation of Decisions Nos . 5/72 and 4/72 of the Association Council
 under the Agreement setting up an Association between the European Communi-
                                                             ( 2)
 ties and Turkey , as amended by Regulation ( EEC ) 3573/ 73 of 17 December
  1973 » applied , in the Community , the rules of origin laid down by Decision
 No 4/72 of the Association Council on the definition of the concept of
  " originating products " from Turkey for implementation of Chapter I of
 Annex 6 to the Protocol to the .Ankara Agreement !
 DJHEREAS those rules have been amended by Decision No        /74 of the Association
 Council and it is thorefore necessary to take measures to implement this
  Decision and in particular consequently to amend Regulation ( EEC ) 428/73 ?
 WHEREAS the rules of origin determined by Decision No 4/72 of the Association
  Council only relate to the agricultural products listed in Chapter I of
  Annex 6 of the Additional Protocol ! whereas , in order to avoid different
  rules of origin for similar trade the rules referred to above shall be also
  applied to goods not listed in Annex 6 of the Additional Protocol for which
  documentary evidence as to Turkish origin must be produced on importation
  into the Community !
  HAS ADOPTSD THIS REGULATION
( 1 ) OJ L 59 , 5.3.73 , p. 73
( 2) OJ L 359 , 28.12 . 73 p.l
 ---pagebreak---                                       - 2 -                temcx II
                                     Article 1
       For the purposes of Chapter I of Annex 6 of the Additional Protocol to the
  Ankara Agreement Decision No   /74 of the Association Council annexed to this
  Regulation shall apply to the definition of • the concept of originating pro­
  ducts from Turkey .
                                   Article 2
       The following Article shall "be added to Regulation ( EEC ) 428/73 .
                                  "Article 1A
       The rules of origin laid down "by Decision No 4/72 of the Association
  Council shall apply equally to goods not listed in Annex 6 for which documentary
  evidence of Turkish origin must be produced on importation into the Community ."
                                                                            (
                                   Article 3
       This regulation shall enter into force on 1st October 1974 «
       This Regulation shall be binding in its entirety and directly applicable
  in all Member States .
" Done at Brussels
                                                    For the Council
                                                    The Président