DECISION No 3/95 OF
THE EC-TURKEY ASSOCIATION COUNCIL
of 24 July 1995 amending Decision No 1/94 concerning the application
of Article 3 of the Additional Protocol to the Ankara Agreement
to goods obtained in the Member States of the Community
(95/318/EC)
THE EC-TURKEY ASSOCIATION COUNCIL,
Having regard to the Agreement creating an association between
the European Economic Community and Turkey,
Having regard to the Additional Protocol to the abovementioned
Agreement, and in particular Article 3 thereof,
Whereas the eligibility of goods obtained in the European Community
in the circumstances referred to in Article 3, paragraph 1 of the
Additional Protocol to benefit from the provisions of Title I, Chapter
I, section I and of Chapter II of the aforementioned Protocol, is
subject to the collection, in the exporting State, of a compensatory
levy the rate of which is based on the tariff reduction granted
to these goods in Turkey;
Whereas Decision No 1/94 concerning the application of Article
3 of the Additional Protocol to the Ankara Agreement to goods obtained
in the Member States of the Community (1) fixes this rate at 90
% in respect of goods on the 12-year list and 80 % in respect of
goods on the 22-year list;
Whereas, on 31 December 1994, Turkey carried out a new reduction
of the customs duties for the goods subject to Article 10 of the
Additional Protocol, which raised the total rate of the reductions
which Turkey has carried out to 95 % on the 12-year list and to
90 % on the 22-year list; whereas, consequently, in accordance with
Article 1 (2) of Decision No 1/94, the percentage of common customs
tariff duties to be taken into account for the determination of
the compensatory levy to be collected at the time of export from
the Community to Turkey should be amended accordingly;
Whereas the identification of the goods as to whether they belong
to one or the other of the said lists proves particularly difficult
due to the presence of numerous 'ex` subheadings; whereas, in view
of simplification, a single rate of 90 % should therefore be fixed
whatever the nature of the goods; whereas the fiscal and economic
impact of this simplification is negligible,
HAS DECIDED AS FOLLOWS:
Article 1
In Article 1 (1) of Decision No 1/94, the words 'for those on
the 12-year list and at 80 for those on the 22-year list` shall
be deleted.
Article 2
This Decision shall enter into force one month following its adoption.
Done at Brussels,
24 July 1995.
For the Council of the Association
The President
U. OEZUELKER
Ambassador, Permanent Delegate
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