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COMMISSION REGULATION (EEC) No 3124/84

of 8 November 1984

regarding the application of Decision No 2/84 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 Jamaica with regard to tufted carpets falling within heading No ex 58.02 of the Common Customs Tariff

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to Council Decision 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 2/84 derogating from the definition of the concept of 'originating products' to take into account the special situation of Jamaica with regard to tufted carpets falling within heading No ex 58.02 of the Common Customs Tariff;

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 2/84 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 until 28 February 1985.

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

Done at Brussels, 8 November 1984.

For the Commission

Karl-Heinz NARJES

Member of the Commission

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

DECISION No 2/84 OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE

of 3 October 1984

derogating from the definition of 'originating products' to take into account the special situation of Jamaica with regard to tufted carpets falling within heading No ex 58.02 of the Common Customs Tariff

THE CUSTOMS COOPERATION COMMITTEE,

Having regard to the ACP-EEC Convention signed at Lomé on 31 October 1979 (1), 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, provides that derogations from the rules of origin may be adopted by the Customs Cooperation Committee where the development of existing industries or the creation of new industries justifies them;

Whereas the African, Caribbean and Pacific States (ACP) have requested a derogation from the definition set out in Protocol 1 for tufted carpets manufactured in Jamaica;

Whereas the Jamaican industry should be allowed to adapt its production to the conditions required for the acquisition of origin under the Convention;

Whereas any deflection of trade should be avoided; whereas this can be achieved by limiting the scope of the derogation to the use of non-originating backings alone;

Whereas a portion of the said backings originate in another developing country; whereas under Article 30 (5) of Protocol 1 this possibility should be taken into account in examining the derogation request;

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

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the particular provisions of List A of Annex II to Protocol 1, tufted carpets falling within subheading 58.02 A II a) of the Common Customs Tariff, manufactured in Jamaica, in the production of which non-originating backing falling within heading No 51.04 or 57.10 of the CommonCustoms Tariff is used, shall be considered as originating in Jamaica provided that the other conditions applicable to heading No 58.02 are respected.

Article 2

The derogation referred to in Article 1 shall be in respect of a quantity of 80 000 square yards of tufted carpets exported from Jamaica between the date of entry into force of this Decision and 28 February 1985.

Article 3

The Jamaican authorities shall take the steps necessary to check the quantities of exports of products referred to in Article 1 and shall forward to the Commission every three months a statement of the quantities in respect of which EUR. 1 movement certificates have been issued pursuant to this Decision.

Article 4

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 5

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

It shall apply until 28 February 1985.

Done at Brussels, 3 October 1984.

For the ACP-EEC Customs

Cooperation Committee

(1) OJ No L 347, 22. 12. 1980, p. 1.