EN Official Journal of the European Union L 26/14

DECISION No 3/2005 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 13 January 2006

derogating from the definition of the concept of ‘originating products’ to take account of the special situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns

(2006/46/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 10 May 2001 Decision No 3/2001 of the ACP-EC Customs Cooperation Committee derogating from the definition of the concept of ‘originating products’ to take account of the special situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns (1) (HS headings 5206.22, 5206.42, 5402.52 and 5402.62) was adopted. The derogation provided for in Article 1 of this Decision shall apply during the period of 1 April 2001 to 31 March 2006.

(3) In view of the expiry of this provision, the African, Caribbean and Pacific States submitted on 8 July 2005, on behalf of the Kingdom of Swaziland, a request for a new derogation from the rules of origin, as contained in the ACP-EC Partnership Agreement, for core spun yarns in respect of an annual quantity of 1 300 tonnes, produced by this country during a period of five years and imported into the Community from 1 April 2006 onwards.

(4) The requested derogation is justified under the relevant provisions of Article 38(5) and (6) especially as regards the development of existing industries in Swaziland, the fact that the applicant is a landlocked State and the inapplicability of the rules on cumulation of origin.

(5) 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.

(6) The derogation cannot be granted for five years because, in conformity with Article 37 of the ACP-EC Partnership Agreement, new trading arrangements shall enter into force by 1 January 2008. This Decision shall therefore apply from 1 April 2006 until the end of 2007 pending the adoption of these new trading arrangements.

(7) Therefore, pursuant to Article 38, a derogation can be granted to the Kingdom of Swaziland in respect of core spun yarns for 1 300 tonnes per annum from 1 April 2006 to 31 December 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, core spun yarns of HS headings 5206.22, 5206.42, 5402.52 and 5402.62 manufactured in Swaziland from non-originating materials shall be regarded as originating in Swaziland 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 Swaziland during the period of 1 April 2006 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 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 (2) relating to the management of tariff quotas shall apply mutatis mutandis to the management of the quantities referred to in the Annex.

Article 4

1. The customs authorities of Swaziland 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.

2. The competent authorities of Swaziland 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 EUR.1 certificates issued under this Decision shall contain the words:

‘Derogation — Decision No 3/2005’

Article 6

The African, Caribbean and Pacific States, 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 from 1 April 2006.

Done at Brussels, 13 January 2006. For the ACP-EC Customs Cooperation Committee The Joint Chairmen Robert VERRUE Peter H. KATJAVIVI

(1) OJ L 144, 30.5.2001, p. 35.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).