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Official Journal of the European Union
18.4.2012
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2012 OF THE EU-TUNISIA ASSOCIATION COUNCIL
of 20 February 2012
amending Article 15(7) of Protocol 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, concerning the definition of the concept of
‘originating products’ and methods of administrative cooperation
(2012/198/EU)
THE ASSOCIATION COUNCIL,
Communities and their Member States, of the one part, and the
Republic of Tunisia, of the other part, concerning the definition
Having regard to the Euro-Mediterranean Agreement estab
of the concept of ‘originating products’ and methods of admin
lishing an association between the European Communities and
istrative cooperation, is replaced by the following:
their Member States, of the one part, and the Republic of
Tunisia, of the other part, and in particular Article 39 of
‘7. Notwithstanding
paragraph
1,
Tunisia
may,
except
for
Protocol 4 thereto,
products falling within Chapters 1 to 24 of the Harmonised
System, apply arrangements for drawback of, or exemption
Whereas:
from, customs duties or charges having an equivalent effect,
applicable to non-originating materials used in the manu
(1) Article
15(7)
of
Protocol
4
( 1 ) to the Euro-Mediterranean
facture of originating products, subject to the following
Agreement establishing an association between the
provisions:
European Communities and their Member States, of the
one part, and the Republic of Tunisia, of the other
part (
(a) a 4 % rate of customs charge shall be retained in respect

2 ) (hereafter referred to as ‘the Agreement’), allows
drawback of, or exemption from, customs duties or
of products falling within Chapters 25 to 49 and 64 to
charges having an equivalent effect, subject to certain
97 of the Harmonised System, or such lower rate as is in
conditions, until 31 December 2009.
force in Tunisia;

(2) To
provide
clarity,
long-term
economic
predictability
and
(b) an 8 % rate of customs charge shall be retained in respect
legal certainty for economic operators, the Parties to the
of products falling within Chapters 50 to 63 of the
Agreement have agreed to extend the application period
Harmonised System, or such lower rate as is in force in
of Article 15(7) of Protocol 4 to the Agreement by three
Tunisia.
years, with effect from 1 January 2010.
This paragraph shall apply until 31 December 2012 and may
(3) Moreover,
the
rates
of
customs
charges
currently
be reviewed by common accord.’.
applicable in Tunisia should be adjusted to bring them
into line with those that apply in the European Union.
Article 2
(4) Protocol
4
to
the
Agreement
should
therefore
be This Decision shall enter into force on the day of its adoption.
amended accordingly.
It shall apply from 1 January 2010.
(5) Since
Article
15(7)
of
Protocol
4
to
the
Agreement
no
longer applies as of 31 December 2009, this Decision
should apply from 1 January 2010,
Done at Brussels, 20 February 2012.
HAS ADOPTED THIS DECISION:
Article 1
For the EU-Tunisia Association Council
Article 15(7) of Protocol No 4 to the Euro-Mediterranean
The President
Agreement establishing an association between the European
C. ASHTON
( 1 ) OJ L 260, 21.9.2006, p. 3.
( 2 ) OJ L 97, 30.3.1998, p. 2.

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