Decision No 3/2001 of the ACP-EC Customs Cooperation Committee

of 10 May 2001

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

(2001/409/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 1 of Decision 1/2000 of the ACP-EC Council of Ministers of 27 July 2000 on transitional measures valid from 2 August 2000(1) provides that the trade provisions of the ACP-EC Partnership Agreement, including Protocol 1 to Annex V concerning the definition of the concept of "originating products" and methods of administrative cooperation, apply from 2 August 2000.

(2) 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.

(3) On 22 November 2000 the African, Caribbean and Pacific States (ACP States) submitted a request, on behalf of the Kingdom of Swaziland, for a derogation from the rule of origin in the Protocol, in respect of an annual quantity of 1900 tonnes of core spun yarns produced by this country during a period of five years.

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

(5) The derogation cannot be granted for the quantities requested in view of the sensitivity of the textile industry.

(6) The derogation, limited in quantities, 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.

(7) Therefore, pursuant to Article 38, a derogation can be granted to Swaziland in respect of core spun yarns for 1400 tonnes per annum for a period of five years,

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 quantities shown in the Annex to this Decision which are exported by Swaziland from 1 April 2001 to 31 March 2006.

Article 3

The quantities referred to in Article 2 shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management.

Where an importer presents in a Member State a declaration of entry for free circulation including an application for the benefit of this Decision, the Member State shall, if the declaration has been accepted by the customs authorities, notify the Commission of its wish to draw the amount corresponding to its requirements.

Applications to draw showing the date of acceptance of declarations shall be transmitted to the Commission without delay.

Withdrawals shall be granted by the Commission in order of date of acceptance of declarations of entry for free circulation by the Member States' customs authorities provided that the available balance permits. The Commission shall inform the Member States of withdrawal on the quotas.

If a Member State fails to use a withdrawal it shall return it as soon as possible to the appropriate quota.

If requests exceed the available balance of a given quota, quantities shall be allocated on a pro rata basis.

Each Member State shall ensure that importers have continuous and equal access to the amounts available as long as the balance permits.

Article 4

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. 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.I 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 3/2001"

Article 6

The African, Caribbean and Pacific States (ACP 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 2001.

Done at Brussels, 10 May 2001.

For the ACP-EC Customs Cooperation Committee

The Joint Chairmen

Michel Vanden Abeele

Peter O. Ole Nkuraiyia

(1) OJ L 195, 1.8.2000, p. 46.

ANNEX

Swaziland

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