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

(2005/602/EC)

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,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

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.

Article 2

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.

Article 3

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.

Article 4

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.

Article 5

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.

Article 6

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:

Article 7

Morocco and the Member States of the European Community shall take the measures necessary on their part to implement this Decision.

Article 8

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.

(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).