1994D0724 — EN — 11.09.1995 — 001.001 — 1
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►B COMMISSION DECISION
of 31 October 1994
derogating from the definition of the concept of ‘originating products' to take account of the
special situation of Montserrat with regard to connections and contact elements for wire and
cables falling within CN code 8536 90 10
(94/724/EC)
(OJ L 288, 9.11.1994, p. 51)
Amended by:
Official Journal
Nopage date
►M1Commission Decision 95/375/EC of 8 September 1995 L 222 16 20.9.1995
1994D0724 — EN — 11.09.1995 — 001.001 — 2
▼B
COMMISSION DECISION
of 31 October 1994
derogating from the definition of the concept of ‘originating
products'to take account of the special situation of Montserrat withregard to connections and contact elements for wire and cables
falling within CN code 8536 90 10
(94/724/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the
association of the overseas countries and territories with the EuropeanEconomic Community (
1), and in particular Article 30 (8) of Annex II
thereto,
Whereas Article 30 of Annex II to Decision 91/482/EEC, concerning
the definition of the concept of ‘originating products'and methods ofadministrative cooperation provides that derogations from the rules oforigin may be adopted where the development of existing industries orthe creation of new industries in a country or territory justifies them;
Whereas the Government of Montserrat has requested a derogation from
the rules of origin for connections and contact elements for wire andcables, which for a temporary period could not satisfy the rules of originlaid down in Annex II to Decision 91/482/EEC;
Whereas granting a derogation would not cause any serious injury to an
economic sector of the Community, or of one or more Member States;whereas a temporary derogation could make a positive contribution inrespect of employment;
Whereas Article 30 of Annex II to Decision 91/482/EEC, and in partic-
ular paragraph 7 (b) thereof, provides for an automatically granting ofthe derogation in case certain conditions are fulfilled;
Whereas it concerns non-sensitive materials or products covered by the
generalized system of preferences (GSP) applied by the Community atthe time of the request; whereas the requested annual quantity is notexceeding 1 % in value of average Community imports of the materialsor products in question over the last three years for which statistics areavailable at the time of the request; whereas the company concerned haspresent plans for progressive sourcing from the EC which will avoid theneed for such a derogation in future; whereas the relevant conditions ofArticle 30 (7) (b) are therefore respected in the present case;
Whereas according to Article 30 (8) of Annex II to Decision 91/
482/EEC the procedure laid down in Council Decision 90/523/EEC of 8October 1990 on the procedure concerning derogations from the rules oforigin set out in Protocol 1 to the fourth ACP-EEC Convention (
2), is to
apply mutatis mutandis to the overseas countries and territories;
whereas therefore a draft of the measures to be taken was submitted tothe Committee on the Customs Code — Origin Section — which votedin favour of this Decision,
HAS ADOPTED THIS DECISION:
Article 1
By way of derogation from the provisions of Annex II to Decision
91/482/EEC, connections and contact elements for wire and cablesfalling within CN code 8536 90 10 shall be considered as originating in
(1) OJ NoL 263, 19. 9. 1991, p. 1.
(2) OJ NoL 290, 23. 10. 1990, p. 33.
1994D0724 — EN — 11.09.1995 — 001.001 — 3
▼B
Montserrat when they are processed there from non-originating mate-rials, subject to the conditions set out in this Decision.
Article 2
▼
M1
The derogation specified in Article 1 shall relate to a quantity exportedfrom Montserrat to the Community of:
— 35 000 kilos between 1 November 1994 and 31 October 1995,— 21 000 kilos annual between 1 November 1995 and 31 October
1999.
▼
B
Article 3
The competent authorities of Montserrat shall take the necessary steps
to carry out quantitative checks on exports referred to in Article 2 andshall forward to the Commission every three months a statement of thequantities in respect of which movement certificates EUR.1 have beenissued pursuant to this Decision and the serial numbers of those certi-ficates.
Article 4
This Decision is addressed to the Member Sates.