Official Journal of the European Union
DECISION No 1/2005 OF THE EU-MOROCCO ASSOCIATION COUNCIL
of 4 August 2005
derogating from Protocol 4, concerning the definition of originating products and methods of administrative cooperation, to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
THE EU-MOROCCO ASSOCIATION COUNCIL,
Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1), signed at Brussels on 26 February 1996, hereinafter the ‘EU-Morocco Agreement’, and in particular Article 39 of Protocol 4 of the Agreement, concerning the definition of originating products and methods of administrative cooperation, thereof,
The Joint Declaration on Article 39 of Protocol 4 to the EU-Morocco Agreement states that the Community is prepared to examine any request from Morocco for derogations from the rules of origin after signature of the Agreement.
On 19 April 2005, Morocco submitted a request for a derogation from the rules of origin for garments. On 7 June 2005, Morocco completed its request by sending the list of products and relevant quantities, for a total amount of 10 890 tons of garments falling under chapters 61 and 62 of the Harmonised Commodity Description and Coding System.
Pending the entry into force of the Morocco-Turkey Free Trade Agreement signed on 7 April 2004 and pending the amendment of the EU-Morocco Protocol on rules of origin, the derogation would allow the manufacture in Morocco of originating garments from fabrics originating in Turkey for export to the Community.
This derogation applies also to fabrics originating in Turkey and exported to Morocco from the Community.
This derogation will anticipate the effects of a higher degree of cumulation as compared to the one provided for in the current origin protocol, thus contributing to the development of the Moroccan economy, in particular of its textile sector.
Accordingly, this derogation should be granted on the condition that the free trade agreement between Morocco and Turkey, including its protocol on rules of origin, has entered into force.
The derogation should be granted until the entry into force of the new protocol on rules of origin among the three Parties concerned, namely Morocco, Turkey and the Community but, in any event, for no longer than a period of one year,
HAS DECIDED AS FOLLOWS:
By way of derogation from Annex II to Protocol 4 to the EU-Morocco Agreement, the garments listed in the Annex to this Decision and obtained in Morocco from fabric originating in Turkey shall be considered as originating in Morocco.
The derogation provided for in Article 1 may only be applied provided that preferential rules of origin identical to the rules of origin contained in Protocol 4 to the EU-Morocco Agreement are in force between Turkey and Morocco in order to determine the originating status of the fabrics sourced in Turkey.
For the purpose of this Decision and by way of derogation from Article 18(4) and (5) of Protocol 4 to the EU-Morocco Agreement, the customs authorities of a Member State of the Community may issue EUR.1 movement certificates for fabric originating in Turkey to be exported to Morocco.
The quantities referred to in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management. Articles 308a, 308b and 308c of 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) shall apply mutatis mutandis to the management of those quantities referred to in the Annex.
The customs authorities of Morocco shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The competent authorities of Morocco shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.
Box 7 of movement certificates EUR.1 issued pursuant to this Decision shall contain the following indication, in one of the languages in which the EU-Morocco Agreement is drawn up, that is to say all Community languages and Arabic:
‘Derogation — Decision No 1/2005’
Morocco and the Member States of the European Community shall take the measures necessary on their part to implement this Decision.
This Decision shall enter into force on the day of its adoption.
This Decision shall apply until the entry into force of the new protocol on the definition of originating products and methods of administrative cooperation among Morocco, Turkey and the Community but, in any event, for no longer than a period of one year.
Done at Brussels, 4 August 2005.
For the Association Council
(1) OJ L 70, 18.3.2000, p. 2.
(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).
List as referred to in article 1
(products benefiting from the derogation)
HS heading No
6203 42 and
Men’s or boys’ trousers, bib and braces overalls, breeches and shorts of cotton
Women’s or girls’ trousers, bib and braces overalls, breeches and shorts of cotton
6204 63 and
Women’s or girls’ trousers, bib and braces overalls, breeches and shorts of synthetic fibres
Women’s or girls’ trousers, bib and braces overalls, breeches and shorts of other textile materials
Men’s or boys’ singlets and other vests, underpants, briefs, nightshirts, pyjamas, bathrobes, dressing gowns and similar articles
Tracksuits, ski suits and swimwear; other garments
Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted
Men’s or boys’ trousers, bib and braces overalls, breeches and shorts of wool or fine animal hair
Men’s or boys’ trousers, bib and braces overalls, breeches and shorts of synthetic fibres
Men’s or boys’ trousers, bib and braces overalls, breeches and shorts of other textile materials
Men’s or boys’ shirts
Women’s or girls’ blouses, shirts and shirt-blouses
6204 51 to 6204 59
Women’s or girls’ skirts and divided skirts
T-shirts, singlets and other vests, knitted or crocheted of other textiles materials
6204 31 to 6204 39
Women’s or girls’ jackets and blazers
Babies’ garments and clothing accessories, knitted or crocheted of synthetic fibres
Women’s or girls’ dresses of cotton