COUNCIL DECISION (EU) 2025/559

of 18 March 2025

on the position to be taken on behalf of the European Union within the Customs Cooperation Committee established under the Agreement establishing an Association between the European Community and Turkey as regards the adoption of a decision on the use of A.TR movement certificates issued electronically

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement establishing an Association between the European Community and Turkey (1) (the ‘Association Agreement’) was signed at Ankara on 12 September 1963. It defines the scope and content of the association relationship. Rules concerning the final phase of the EU–Türkiye Customs Union are laid down in

Decision No 1/95 of the EC-Turkey Association Council

of 22 December 1995 (2), which entered into force on 31 December 1995 (‘Decision No 1/95’).

(2) The EC-Turkey Association Council (the ‘Association Council’) was set up pursuant to Article 6 of the Association Agreement. Pursuant to Article 24 of the Association Agreement, the Association Council may decide to set up committees to assist in the performance of its tasks.

(3) Decision No 2/69 of the Association Council of 15 December 1969 (3) established the Customs Cooperation Committee.

(4) Pursuant to Article 28(3) of Decision No 1/95 the Customs Cooperation Committee is to lay down the appropriate measures to implement the customs provisions of contained in that Article.

(5) Article 6(1) of Decision No 1/2006 of the Customs Cooperation Committee of 26 July 2006 (4) establishes that the A.TR movement certificate constitutes the documentary evidence that the conditions for implementing the provisions on free circulation laid down in Decision No 1/95 are met.

(6) At the beginning of 2020, due to the COVID-19 pandemic, contacts between the customs authorities of the EU partner countries and economic operators were suspended in a number of countries. It was therefore considered appropriate to adopt exceptional measures applicable on a reciprocal basis, whereby movement certificates could be accepted that were issued electronically with a digital signature, stamp or

cachet

of the competent authorities, or in the form of a copy of the original certificate, issued either in paper or electronic form, namely a scanned copy or one available online. Those measures were also applicable to the A.TR movement certificates for the purpose of free circulation of goods within the EU–Türkiye Customs Union.

(7) Since the circumstances that led to the adoption of the exceptional measures were no longer considered relevant, it was decided that those measures would cease to apply from 1 May 2024.

(8) The Union and Türkiye acknowledged that the experience of trade under the exceptional measures adopted due to the COVID-19 pandemic had been positive and considered it appropriate to establish a legal framework to re-introduce those good practices. To that effect, a decision of the Customs Cooperation Committee constitutes an appropriate legal instrument by which to achieve that objective.

(9) From 8 July 2024, the customs authorities of the Member States and Türkiye started to accept A.TR movement certificates issued electronically.

(10) To ensure continuity with the good practices that were re-established from 8 July 2024, the Customs Cooperation Committee is expected to adopt a decision on the use of A.TR movement certificates issued electronically with a retroactive effect from that date.

(11) It is appropriate to establish the position to be taken on the Union’s behalf within the Customs Cooperation Committee as the decision of the Customs Cooperation Committee will have legal effects,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the Customs Cooperation Committee established under the Agreement establishing an Association between the European Community and Turkey shall be based on the draft decision of the Customs Cooperation Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption and shall expire on 31 December 2025.

Done at Brussels, 18 March 2025.

For the Council

The President

A. SZŁAPKA

(1)

OJ L 361, 31.12.1977, p. 29

, ELI:

http://data.europa.eu/eli/agree_internation/1964/732/oj

(2) Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union (

OJ L 35, 13.2.1996, p. 1

, ELI:

http://data.europa.eu/eli/dec/1995/1(5)/oj

(3) Decision not published.

(4) Decision No 1/2006 of the EC-Turkey Customs Cooperation Committee of 26 July 2006 laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council (

OJ L 265, 26.9.2006, p. 18

, ELI:

http://data.europa.eu/eli/dec/2006/646/oj

ELI: http://data.europa.eu/eli/dec/2025/559/oj

ISSN 1977-0677 (electronic edition)