The OJEU of 20 February 2025 published Decision No 1/2025 of the EU-Tunisia Association Council of 22 January 2025 amending 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, by replacing Protocol 4 thereto concerning the definition of the concept of “originating products” and methods of administrative cooperation.
With the implementation of this Decision, the rules of origin between the EU and Tunisia will be based on the pan-Euro-Mediterranean (PEM) rules of the 2012 PEM Convention in the version published in OJ L 54 of 26.2.2013, replacing the bilateral rules applicable until now. This Convention will remain in force until Tunisia transposes Decision No 1/2023 (2023 PEM Convention published in O.J. L of 19.2.2024), which should be before 31 December 2025.
In parallel to applying the rules of the 2012 PEM Convention, operators may also alternatively apply the rules of origin contained in Appendix A to Decision No 1/2025, called transitional rules. In this case, the proofs of origin shall bear a specific reference to the application of these transitional rules in the following terms:
- The movement certificate EUR.1 shall contain the statement “TRANSITIONAL RULES” in English in Box 7.
- The text of the statement on origin made out on the exporter’s invoice or other commercial document shall be as follows: The exporter of the products covered by this document (customs authorization No………) declares that, except where otherwise clearly indicated, these products are of …………….preferential origin according to the transitional rules of origin.
- The supplier’s statements provided for in Articles 61 and 62 of Regulation 2015/2447 shall mention “TRANSITIONAL RULES”
In relation to supplier’s statements, and given that the transitional rules of origin are, in general, more flexible than those of the 2012 PEM Convention, goods complying with the latter could also be considered as originating according to the transitional rules of origin, except for certain agricultural products classified in Chapters 2, 4 to 15, 16 (except processed fishery products) and 17 to 24, whose transitional rules of origin are not more flexible than the rules of origin of the 2012 PEM Convention. Accordingly, the exporter may also use the supplier’s statements as supporting documents to request the issuance of a movement certificate or to make out a statement on origin in accordance with the transitional rules of origin applicable in parallel to the 2012 PEM Convention when:
a. the supplier’s statements indicate the originating status in accordance with the rules of origin of the 2012 PEM Convention for products classified in Chapters 1, 3 and 16 (in the case of processed fishery products) and 25 to 97 of the Harmonised System; and
b. cumulation is not applied with the Contracting Parties to the 2012 PEM Convention that are applying only that Convention.
For certain textile products originating in Tunisia referred to in Appendix B to Decision No 1/2025 and until 31 December 2029, the list of rules set out in that Appendix may be applied instead of those set out in Annexes II to the 2012 PEM Convention and the transitional rules. In this case, a movement certificate EUR.1 shall be issued for the products of this Appendix B, with Box 7 of the movement certificate containing the following statement in French: “Dérogation – Appendice B du Protocole 4”. The quotas listed in said Appendix shall be managed on a first-come, first-served basis.
