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COMMISSION REGULATION (EEC) No 153/84

of 20 January 1984

implementing No 2/83 of the ACP-EEC Customs Cooperation Committee derogating from the definition of the concept of 'originating products' to take into account the special situation of Mauritius with regard to certain items of fishing tackle

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Decision No 81/968/EEC of 24 November 1981 on the application of derogations from the definition of originating products under the Second ACP-EEC Convention (1),

Whereas the ACP-EEC Customs Cooperation Committee set up under the Second ACP-EEC Convention, signed at Lomé on 31 October 1979, adopted pursuant to Articles 28 (3) and 30 (1) of Protocol 1 to that Convention, Decision No 2/83;

Whereas it is necessary in accordance with Article 33 of the said Protocol 1 to take the measures required to implement that Decision,

HAS ADOPTED THIS REGULATION:

Article 1

Decision No 2/83 of the ACP-EEC Customs Cooperation Committee 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 January 1984 until 28 February 1985.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 January 1984.

For the Commission

Karl-Heinz NARJES

Member of the Commission

(1) OJ No L 354, 9. 12. 1981, p. 30.

DECISION No 2/83 OF THE ACP-EEC CUSTOMS COOPERATION

COMMITTEE

of 21 December 1983

derogating from the definition of the concept of 'originating products' to take account of the special situation of Mauritius with regard to certain items of fishing tackle

THE CUSTOMS COOPERATION COMMITTEE,

Having regard to the Second ACP-EEC Convention signed at Lomé on 31 October 1979 (hereinafter referred to as 'the Convention'),

Whereas Article 30 of Protocol 1 to the Convention, concerning the definition of the concept of 'originating products' and methods of administrative cooperation, makes provision for derogations to be made from the rules of origin by the Customs Cooperation Committee, in particular to facilitate the development of existing industries or the creation of new industries;

Whereas the African, Caribbean and Pacific States (ACP) have requested a derogation from the definition set out in Protocol 1 for items of fishing tackle falling within heading No ex 97.07 of the Common Customs Tariff (assembled fishing lines including tackle) manufactured in Mauritius;

Whereas non-originating products (hooks) are used in the manufacture of the said items of fishing tackle; whereas, however, Mauritius makes use of the possibilities offered by the cumulation system on origin to obtain the other products used in the manufacture of the finished product;

Whereas any deflection of trade should be avoided; whereas this can be achieved by fixing a maximum percentage of non-originating products used in the manufacture of the finished product;

Whereas in these circumstances a temporary derogation from the definition of the concept of 'originating products' should be accorded to Mauritius,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from Protocol 1 to the Convention, assembled fishing lines including tackle manufactured in Mauritius, falling within heading No ex 97.07 of the Common Customs Tariff shall be considered as originating in Mauritius, provided that the value of the non-originating fish hooks used for their manufacture and 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 Mauritius 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.

Article 3

The ACP States, the Member States and the Community shall be bound, each to the extent to which it is concerned, to take the measures necessary to implement this Decision.

Article 4

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

It shall apply from 1 January 1984 to 28 February 1985.

Done at Brussels, 21 December 1983.

For the Customs

Cooperation Committee

The Chairmen