****

COUNCIL REGULATION ( EEC ) NO 551/80

OF 3 MARCH 1980

DEROGATING FROM THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS ' TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI AND KENYA WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , PURSUANT TO DECISION NO 1/80 OF THE ACP-EEC COUNCIL OF MINISTERS ON TRANSITIONAL MEASURES TO BE APPLIED FROM 1 MARCH 1980 , THE PROVISIONS ON COMMERCIAL COOPERATION CONTAINED IN TITLE I OF AND IN PROTOCOL 1 TO THE ACP-EEC CONVENTION OF LOME SIGNED ON 28 FEBRUARY 1975 , HEREINAFTER REFERRED TO AS THE 1975 LOME CONVENTION , CONTINUE TO APPLY AFTER THAT DATE UNTIL THE ENTRY INTO FORCE OF THE NEW PROVISIONS RELATING TO THE SAME SECTORS AND UP TO 31 DECEMBER 1980 AT THE LATEST ;

WHEREAS , WHEN ADOPTING THE SAID DECISION , THE COMMUNITY MADE A STATEMENT TO THE EFFECT THAT AFTER EXPIRY OF THE 1975 LOME CONVENTION CERTAIN PROVISIONS OF THE SECOND ACP-EEC CONVENTION , SIGNED AT LOME ON 31 OCTOBER 1979 , HEREINAFTER REFERRED TO AS THE 1979 LOME CONVENTION , COULD BE IMPLEMENTED IN ADVANCE AND BY MEANS OF AUTONOMOUS DECISIONS ;

WHEREAS ARTICLE 30 OF PROTOCOL 1 TO THE 1979 LOME CONVENTION , CONCERNING THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS ' AND METHODS OF ADMINISTRATIVE COOPERATION , MAKES PROVISION FOR DEROGATIONS FROM THE RULES OF ORIGIN IN PARTICULAR TO FACILITATE THE DEVELOPMENT OF EXISTING INDUSTRIES OR THE CREATION OF NEW INDUSTRIES ;

WHEREAS THE ACP STATES HAVE SUBMITTED A REQUEST FOR A DEROGATION FROM THE DEFINITION SET OUT IN PROTOCOL 1 TO THE 1975 LOME CONVENTION FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA ;

WHEREAS THE POSSIBILITIES OFFERED BY THE CUMULATION SYSTEM ON ORIGIN DO NOT PROVIDE A SOLUTION TO THE ORIGIN PROBLEM FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA ;

WHEREAS IT IS NECESSARY TO PROVIDE A DEROGATION FOR THE PERIOD BETWEEN 1 MARCH AND 31 DECEMBER 1980 ;

WHEREAS ANY POSSIBLE DEFLECTION OF TRADE SHOULD BE AVOIDED ; WHEREAS THIS CAN BE ACHIEVED BY FIXING A MAXIMUM PERCENTAGE OF NON-ORIGINATING PRODUCTS INCORPORATED IN THE FINISHED PRODUCT ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

BY WAY OF DEROGATION FROM PROTOCOL 1 TO THE 1975 LOME CONVENTION , ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI OR KENYA AND FALLING WITHIN HEADING NO EX 97.07 ' FISHING FLIES ' OF THE COMMON CUSTOMS TARIFF , SHALL BE CONSIDERED AS ORIGINATING IN MALAWI OR KENYA PROVIDED THAT THE VALUE OF NON-ORIGINATING FISH-HOOKS USED FOR THEIR MANUFACTURE , FALLING WITHIN HEADING NO EX 97.07 OF THE COMMON CUSTOMS TARIFF , DOES NOT EXCEED 25 % OF THE VALUE OF THE FINISHED PRODUCT .

ARTICLE 2

THE COMPETENT AUTHORITIES OF THE REPUBLIC OF MALAWI AND THE REPUBLIC OF KENYA 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 REGULATION , INDICATING THE MEMBER STATES OF DESTINATION .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 MARCH 1980 UNTIL THE ENTRY INTO FORCE OF THE 1979 LOME CONVENTION , BUT IN ANY CASE NOT AFTER 31 DECEMBER 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 3 MARCH 1980 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA