Commission Implementing Regulation (EU) 2025/1459 of 24 July 2025 on the derogations from the rules of origin laid down in 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, that apply within quotas for certain products from Tunisia

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,

Whereas:

(1) Decision No 1/2025 of the EU-Tunisia Association Council 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 (‘the Agreement’), by replacing Protocol 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (2) was adopted on 22 January 2025 and entered into force on that date.

(2) Article 6 of Protocol 4 provides for derogations from the rules of origin set out in that Protocol in the framework of annual quotas granted to Tunisia for a period of five years. It is therefore necessary to lay down the conditions for the application of that derogation for imports from Tunisia.

(3) Article 1(1) of Appendix B to Protocol 4 provides that entitlement to benefit from the derogations is to be subject to the presentation of the relevant proof of origin to the customs authorities.

(4) Article 1(4) of Appendix B to Protocol 4 provides that the Union is to manage those quotas on a first-come, first-served basis. The Commission is to manage those quotas in accordance with the rules on the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (3).

(5) To ensure the effective application and management of the quotas granted under Protocol 4, this Regulation should apply from 22 January 2025, date of entry into force of that Protocol.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Union annual quotas are opened for goods originating in Tunisia as set out in the Annex and shall apply for a period of five years.

Article 2

To benefit from the derogations set out in Article 6 of Protocol 4 to the Agreement, the products listed in the Annex shall be accompanied by a movement certificate EUR.1 as set out in that Protocol, containing in box 7 the statement in French: ‘Dérogation – Appendice B du Protocole 4’.

Article 3

The quotas set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 4

The drawings made from each annual quota shall be stopped on the twentieth working day of the Commission following the end of the annual period. Where less than 85 % of the volume of the listed annual quota is used in year N, the allocation of the quota for that specific line shall be carried over to a limit of 15 % of the quota for year N to the following year N+1.

Article 5

In the context of the management of products benefitting from the listed annual quotas, where a quota is exhausted, its initial volume is automatically increased by 10 % of the total volume of the quota provided for in year N+1. The volume of the quota for year N+1 shall be then limited to 90 %. The volumes not used in year N shall be added to those 90 % of the quota for year N+1.

Article 6

For the purposes of this Regulation and for the purposes of quotas management, ‘year’ shall mean, for the first year, the period of 12 months from 22 January 2025, the date of entry into force of Protocol 4 to the Agreement and, for subsequent years, the period of 12 months from the end of the preceding year.

Article 7

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 22 January 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 July 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 269, 10.10.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/952/oj.

(2) 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 No 4 thereto concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation (OJ L, 2025/324, 20.2.2025, ELI: http://data.europa.eu/eli/dec/2025/324/oj).

(3) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558, ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj).