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COUNCIL REGULATION (EEC) No 1421/87

of 21 May 1987

regarding the application of Decision 1/87 of the ACP-EEC Customs Cooperation Committee derogating from the definition of the concept of 'originating products' to take account of the special situation of Fiji with regard to its production of canned tuna

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 Customs Cooperation Committee set up under the Third ACP-EEC Convention, signed at Lomé on 8 December 1984, adopted, pursuant to Articles 28 (3) and 30 (1) of Protocol 1 to the Convention, Decision No 1/87 derogating from the definition of the concept of 'originating products' to take account of the special situation of Fiji with regard to its production of canned tuna;

Whereas, in accordance with Article 33 of the said Protocol 1, the measures required to implement that Decision should be taken,

HAS ADOPTED THIS REGULATION:

Article 1

Decision No 1/87 of the ACP-EEC Customs Cooperation Committee attached 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.

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

Done at Brussels, 21 May 1987.

For the Council

The President

E. KNOOPS

DECISION No 1/87 OF THE ACP-EEC CUSTOMS COOPERATION

COMMITTEE

of 5 May 1987

derogating from the definition of the concept of originating products to take account of the special situation of Fiji with regard to its production of canned tuna

THE ACP-EEC CUSTOMS COOPERATION COMMITTEE,

Having regard to the Third ACP-EEC Convention signed at Lomé on 8 December 1984, 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 adminsitrative 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 ACP States have submitted a request from the Government of Fiji for a derogation from the definition set out in Protocol 1 in respect of canned tuna produced by Fiji;

Whereas Fiji has a fleet of vessels in order to supply its canning industry with raw material for the produciton of canned tuna;

Whereas at present this fleet cannot supply sufficient quantities of tuna fish for the canneries to maintain the eocnomic viability of its canning operations;

Whereas Fiji has been unable to obtain supplies of fish originating in other ACP States;

Whereas the Fijian canning industry is temporarily dependent upon supplies of tuna fish of third country origin;

Whereas, in these circumstances, the granting of an annual derogation limited to 850 tonnes, tacitly renewable for two one-year consecutive periods, will permit additional exports to the Community without changing the traditional patterns of trade,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions of List A in Annex II to Protocol 1, canned tuna manufactured in Fiji and falling within heading No ex 16.04 of the Common Customs Tariff shall be considered as originating in Fiji subject to the following conditions.

Article 2

The derogation provided for in Article 1 shall relate to 850 tonnes per year of canned tuna falling within heading No ex 16.04 of the Common Customs Tariff and exported from Fiji to the Community between 1 May 1987 and 30 April 1988.

This derogation may be tacitly renewed for two consecutive periods of one year subject to the right of each party to denounce it by written notification given one month before the date on which any one of these periods expires.

Article 3

The competent authorities of Fiji shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 2 and 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 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.

Done at Brussels, 5 May 1987.

For the ACP-EEC Customs

Cooperation Committee

The Chairmen

E. RUY VILAR Z. MONGO SO'O