EN Official Journal of the European Union L 48/43

DECISION No 1/2005 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 8 February 2005

derogating from the concept of ‘originating products’ to take account of the special situation of Cape Verde regarding the production of men’s shirts (HS heading 62.05)

(2005/141/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Having regard to the ACP-EC Partnership Agreement signed at Cotonou on 23 June 2000, and in particular Article 38 of Protocol 1 to Annex V thereto,

Whereas:

(1) Article 38(1) of the said Protocol provides for derogations from the rules of origin to be granted whenever the development of an existing industry or the establishment of a new one warrants it.

(2) On 30 September 2004 the ACP States submitted a request, on behalf of the Government of Cape Verde, for a derogation from the rule of origin in the Protocol, in respect of men’s shirts produced by this country for 140 000 pieces in 2004 and gradually increasing to 180 000 pieces in 2008.

(3) The requested derogation is justified under the relevant provisions of Article 38(1) to (5); Cape Verde cannot use in its production of men’s shirts, under the provisions for cumulation, a sufficient quantity of suitable materials originating in the Community, the Overseas Countries and Territories (OCT) or other ACP States. Cape Verde is a least-developed and an island ACP State and the derogation is expected to have a positive economic and social impact especially in respect of employment in Cape Verde.

(4) The derogation would not cause serious injury to an established Community industry taking into account the quantities of the imports envisaged, provided that certain conditions relating to quantities, surveillance and duration are respected.

(5) However, the derogation cannot be granted for the periods requested. The date of introduction of the request by the ACP States does not allow the adoption of a Decision of the ACP-EC Customs Cooperation Committee before 1 January 2005. Furthermore new trading arrangements for the ACP States have to enter into force no later than 1 January 2008. Consequently a derogation granted under the current regime will no longer be pertinent after 31 December 2007 where the legal framework for the derogation will no longer exist. For these reasons the validity of the derogation should be limited to a period of three years running from the beginning of January 2005 until the end of 2007.

(6) Therefore, pursuant to Article 38, a derogation can be granted to Cape Verde in respect of men’s shirts for 160 000 pieces in 2005, 170 000 pieces in 2006 and 180 000 pieces in 2007,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the list in Annex II to Protocol 1 to Annex V of the ACP-EC Partnership Agreement, men’s shirts of HS heading 62.05 produced in Cape Verde from non-originating fabric shall be regarded as originating in Cape Verde in accordance with the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the products and the quantities shown in the Annex to this Decision which are imported into the Community from Cape Verde during the period of 1 January 2005 to 31 December 2007.

Article 3

The quantities set out in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management. Articles 308(a), 308(b) and 308(c) of Commission Regulation (EEC) No 2454/93 (1) relating to the management of tariff quotas shall apply mutatis mutandis to the management of the quantities referred to in the Annex.

Article 4

The customs authorities of Cape Verde shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The competent authorities of Cape Verde shall forward to the Commission every three months, a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5

Box 7 of movement certificates EUR.1 issued under this Decision shall contain one of the following indications:

— ‘Derogation — Decision No 1/2005’;

— ‘Derrogação — Decisão n.o 1/2005’;

Article 6

The ACP States and the Member States and the European Community shall take the measures necessary on their part to implement this Decision.

Article 7

This Decision shall enter into force on the date of its adoption.

This Decision shall apply with effect from 1 January 2005.

Done at Brussels, 8 February 2005 For the ACP-EC Customs Cooperation Committee The Joint Chairmen Robert VERRUE Isabelle BASSONG

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).