Explanatory Memorandum to COM(2013)729 - EU position within the Association Council EU-Tunisia as regards the definition of the concept of "originating products" and methods of administrative cooperation

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2013)729 - EU position within the Association Council EU-Tunisia as regards the definition of the concept of "originating products" and ...
source COM(2013)729 EN
date 24-10-2013
1. CONTEXT OF THE PROPOSAL

The prohibition of drawback of customs duties is stipulated in Article 15 of Protocol No 4 annexed to the EC-Tunisia Association Agreement, as amended by Decision No 1/2012 of the EU-Tunisia Association Council of 20 February 20121. Paragraph 7 of that article provides for a transitional period prior to the full application of the prohibition of drawback of duties by Tunisia and allows the country to grant duty drawback to its exporters or economic operators during this period.

The transitional period expired on 31 December 2012. However, Article 152 provides for the possibility of re-examining this provision by mutual agreement.

On 21 December 2012 Tunisia requested in writing that the period in which this provision applies be extended.

In accordance with Article 39 of Protocol No 4, the provisions of the Protocol may be amended by decision of the Association Council.

The text of the decision will amend the existing provision laid down in Article 153.

The parties have agreed to extend by three years the application period of Article 154, with effect from 1 January 2013 in order to provide clarity, long-term economic predictability and legal certainty for economic operators.

Pending formal adoption of the present decision, it was agreed, in the Pan‑Euro‑Med working group, that this decision will apply from 1 January 2013.

Contents

  1. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
  2. LEGAL ELEMENTS OF THE PROPOSAL

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



The parties concerned have been consulted in the Pan-Euro-Med working group and the Customs Code Committee's Origin Section.

No recourse to external expertise has been necessary.

It has not been necessary to conduct an impact assessment, since the proposed amendments are technical in nature and do not affect the substance of the protocol on rules of origin currently in effect.

2.

LEGAL ELEMENTS OF THE PROPOSAL



The amended provision on drawback of duties should apply retroactively from 1 January 2013.

The legal basis for the amendment of this provision is the first subparagraph of Article 2075, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.

The proposal falls under the exclusive competence of the Union. The principle of subsidiarity does not therefore apply.

Proposed instrument: Council decision
  • 1. 
    Article 15(7) of Protocol No 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part
     
  • 2. 
    of Protocol No 4 to the Euro
     
  • 3. 
    of Protocol No 4 to the Euro
     
  • 4. 
    of Protocol No 4 to the Euro
     
  • 5. 
    Since Article 15(7) of Protocol No 4 to the Agreement no longer applies as of 31 December 2012, this Decision should apply from 1 January 2013,
    -->
     
  • 6. 
    of Protocol No 4 to the Euro
     
  • 7. 
    Since Article 15(7) of Protocol No 4 to the Agreement no longer applies as of 31 December 2012, this Decision should apply from 1 January 2013,
    -->
     
  • 8. 
    To provide clarity, long-term economic predictability and legal certainty for economic operators, the Parties to the Agreement have agreed to extend the application period of Article 15(7) of Protocol No 4 to the Agreement by three years, with effect from 1 January 2013
     
  • 9. 
    Protocol No 4 to the Agreement should therefore be amended accordingly
     
  • 10. 
    of Protocol No 4 to the Euro
     
  • 11. 
    of Protocol No 4 to the Euro
     
  • 12. 
    of Protocol No 4 to the Euro
     
  • 13. 
    of Protocol No 4 to the Euro
     
  • 14. 
    Since Article 15(7) of Protocol No 4 to the Agreement no longer applies as of 31 December 2012, this Decision should apply from 1 January 2013,
    -->
     
  • 15. 
    of Protocol No 4 to the Euro
     
  • 16. 
    of Protocol No 4 to the Euro
     
  • 17. 
    of Protocol No 4 to the Euro