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COUNCIL REGULATION ( EEC ) NO 552/80

OF 3 MARCH 1980

DEROGATING FROM THE CONCEPT OF ' ORIGINATING PRODUCTS ' TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MAURITIUS 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 , UNDER DECISION NO 1/80 OF THE ACP-EEC COUNCIL OF MINISTERS ON THE TRANSITIONAL MEASURES TO BE APPLIED FROM 1 MARCH 1980 , THE TRADE COOPERATION PROVISIONS OF THE ACP-EEC CONVENTION OF LOME , SIGNED ON 28 FEBRUARY 1975 , HEREINAFTER REFERRED TO AS THE 1975 LOME CONVENTION , CONTAINED IN TITLE I AND IN PROTOCOL 1 REMAIN APPLICABLE BEYOND THAT DATE UNTIL THE ENTRY INTO FORCE OF NEW PROVISIONS IN THE SAME AREA OR UNTIL 31 DECEMBER 1980 AT THE LATEST ;

WHEREAS , WHEN ADOPTING THE SAID DECISION , THE COMMUNITY MADE A STATEMENT TO THE EFFECT THAT AFTER THE 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 STATES THAT DEROGATIONS FROM THE RULES OF ORIGIN MAY BE MADE IN ORDER , 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 MAURITIAN GOVERNMENT FOR A DEROGATION FROM THE DEFINITION SET OUT IN PROTOCOL 1 TO THE 1975 LOME CONVENTION IN RESPECT OF CANNED TUNA PRODUCED BY MAURITIUS ;

WHEREAS , IN ORDER TO CATCH FISH FOR ITS CANNERIES , MAURITIUS HAS DECIDED TO SET UP ITS OWN FLEET OF VESSELS , SO THAT THE FINISHED PRODUCTS MAY ACQUIRE THE LABEL OF ORIGINATING PRODUCTS ;

WHEREAS THIS FLEET WILL BECOME OPERATIONAL ONLY IN ABOUT SIX MONTHS ;

WHEREAS THE DEROGATION FROM THE CONCEPT OF ORIGINATING PRODUCTS SHOULD NOT EXCEED SIX MONTHS ;

WHEREAS , IN THESE CIRCUMSTANCES , A TEMPORARY DEROGATION MAY BE MADE FROM THE DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS ;

WHEREAS , AS A RESULT OF UNFORESEEABLE CIRCUMSTANCES , CANNED TUNA EXPORTS FROM MAURITIUS WERE HALTED FOR THE PERIOD 25 NOVEMBER 1979 TO 29 FEBRUARY 1980 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

BY WAY OF DEROGATION FROM THE SPECIAL PROVISIONS OF LIST A OF ANNEX II TO PROTOCOL 1 TO THE 1975 LOME CONVENTION , CANNED TUNA MANUFACTURED IN MAURITIUS AND FALLING WITHIN HEADING NO EX 16.04 OF THE COMMON CUSTOMS TARIFF SHALL BE CONSIDERED AS ORIGINATING IN MAURITIUS , SUBJECT TO THE FOLLOWING CONDITIONS .

ARTICLE 2

THE DEROGATION REFERRED TO IN ARTICLE 1 SHALL RELATE TO 800 TONNES OF CANNED TUNA FALLING WITHIN HEADING NO EX 16.04 OF THE COMMON CUSTOMS TARIFF AND EXPORTED FROM MAURITIUS BETWEEN 1 MARCH AND 31 AUGUST 1980 .

ARTICLE 3

THE COMPETENT AUTHORITIES OF MAURITIUS 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 A STATEMENT OF THE QUANTITIES IN RESPECT OF WHICH MOVEMENT CERTIFICATES EUR . 1 HAVE BEEN ISSUED PURSUANT TO THIS REGULATION .

ARTICLE 4

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 TO 31 AUGUST 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