****

( 1 ) OJ NO L 25 , 30 . 1 . 1976 , P . 2 .

COUNCIL REGULATION ( EEC ) NO 216/79

OF 5 FEBRUARY 1979

REGARDING THE APPLICATION OF DECISION NO 5/78 OF THE ACP-EEC COUNCIL OF MINISTERS DEROGATING FROM THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS ' TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI 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 THE ACP-EEC COUNCIL OF MINISTERS SET UP UNDER THE ACP-EEC CONVENTION OF LOME ( 1 ) SIGNED ON 28 FEBRUARY 1975 , ADOPTED , PURSUANT TO ARTICLE 9 ( 2 ) OF THE CONVENTION , DECISION NO 5/78 DEROGATING FROM THE CONCEPT OF ' ORIGINATING PRODUCTS ' TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES );

WHEREAS IT IS NECESSARY , IN ACCORDANCE WITH ARTICLE 74 ( 3 ) OF THE SAID CONVENTION , TO TAKE THE MEASURES REQUIRED TO IMPLEMENT THAT DECISION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

DECISION NO 5/78 OF THE ACP-EEC COUNCIL OF MINISTERS ANNEXED TO THIS REGULATION SHALL APPLY IN THE COMMUNITY .

ARTICLE 2

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 JUNE 1978 UNTIL 31 DECEMBER 1979 .

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

DONE AT BRUSSELS , 5 FEBRUARY 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . MEHAIGNERIE

****

DECISION NO 5/78 OF THE ACP-EEC COUNCIL OF MINISTERS

OF 21 DECEMBER 1978

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

THE ACP-EEC COUNCIL OF MINISTERS ,

HAVING REGARD TO THE ACP-EEC CONVENTION OF LOME , SIGNED ON 28 FEBRUARY 1975 ( HEREINAFTER REFERRED TO AS ' THE CONVENTION ' ), AND IN PARTICULAR ARTICLE 9 ( 2 ) THEREOF ,

WHEREAS ARTICLE 27 OF PROTOCOL 1 TO THE 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 FROM THE GOVERNMENT OF THE REPUBLIC OF MALAWI FOR A DEROGATION FROM THE DEFINITION SET OUT IN PROTOCOL 1 FOR ITEMS OF FISHING TACKLE MANUFACTURED IN THAT STATE ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 27 OF PROTOCOL 1 , THE CUSTOMS COOPERATION COMMITTEE HAS ADOPTED A REPORT ON THIS REQUEST ;

WHEREAS , IN ORDER TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF THE REPUBLIC OF MALAWI AND TO ENABLE THE RELEVANT INDUSTRIAL SECTOR TO DEVELOP ITS INDUSTRY AND TO EXAMINE THE POSSIBILITY OF USING COMMUNITY PRODUCTS FOR THE MANUFACTURE OF THE ARTICLES IN QUESTION , A DEROGATION SHOULD BE MADE FOR 18 MONTHS WHICH SHOULD MEET THIS REQUEST ;

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

HAS DECIDED AS FOLLOWS :

ARTICLE 1

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

ARTICLE 2

THE MOVEMENT CERTIFICATES EUR 1 ISSUED FOR ORIGINATING PRODUCTS BY VIRTUE OF THE DEROGATION CONTAINED IN ARTICLE 1 SHALL CONTAIN IN BOX 7 ' REMARKS ' ONE OF THE FOLLOWING ENDORSEMENTS :

- ' DEROGATION FISHING FLIES ' ,

- ' DEROGATION MOUCHES POUR LA PECHE ' ,

- ' UNDTAGELSE FLUER TIL FISKERI ' ,

- ' ABWEICHUNG FLIEGEN ZUM FLUGANGELN ' ,

- ' DEROGA MOSCHE PER LA PESCA ' ,

- ' AFWIJKING KUNSTVLIEGEN VOOR DE VISSERIJ ' .

ARTICLE 3

THE COMPETENT AUTHORITIES OF THE REPUBLIC OF MALAWI 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 INDICATING THE MEMBER STATES OF DESTINATION .

ARTICLE 4

THE ACP STATES , THE MEMBER STATES AND THE COMMUNITY SHALL EACH TAKE THE MEASURES REQUIRED TO IMPLEMENT THIS DECISION .

ARTICLE 5

THIS DECISION SHALL ENTER INTO FORCE ON 1 JUNE 1978 .

IT SHALL APPLY UNTIL 31 DECEMBER 1979 .

DONE AT BRUSSELS , 21 DECEMBER 1978 .

FOR THE ACP-EEC COUNCIL

OF MINISTERS

THE PRESIDENT

K . VON DOHNANYI