****

COUNCIL REGULATION ( EEC ) NO 1028/81

OF 9 APRIL 1981

CONCERNING THE APPLICATION OF DECISION NO 1/81 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 MALAWI AND KENYA 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 CUSTOMS COOPERATION COMMITTEE SET UP UNDER THE SECOND ACP-EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 ADOPTED , PURSUANT TO ARTICLE 28 ( 3 ) AND ARTICLE 30 ( 1 ) OF PROTOCOL 1 TO THAT CONVENTION , DECISION NO 1/81 DEROGATING FROM THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS ' TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI AND KENYA WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES );

WHEREAS IT IS NECESSARY , IN ACCORDANCE WITH ARTICLE 33 OF PROTOCOL 1 OF THE SAID CONVENTION , TO TAKE THE MEASURES REQUIRED TO IMPLEMENT THAT DECISION ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

DECISION NO 1/81 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 UNTIL 31 DECEMBER 1981 .

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

DONE AT LUXEMBOURG , 9 APRIL 1981 .

FOR THE COUNCIL

THE PRESIDENT

D . F . VAN DER MEI

****

( 1 ) OJ NO L 347 , 22 . 12 . 1980 .

DECISION NO 1/81 OF THE ACP-EEC

CUSTOMS COOPERATION COMMITTEE

OF 12 FEBRUARY 1981

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

THE CUSTOMS COOPERATION COMMITTEE ,

HAVING REGARD TO THE SECOND ACP-EEC CONVENTION SIGNED IN LOME 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 , 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 SUBMITTED A REQUEST FOR A DEROGATION FROM THE DEFINITION SET OUT IN PROTOCOL 1 FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA UNTIL 31 DECEMBER 1981 ;

WHEREAS THE POSSIBILITIES OFFERED BY THE CUMULATION SYSTEM ON ORIGIN HAVE NOT PROVIDED A SOLUTION TO THE ORIGIN PROBLEM FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA ;

WHEREAS A DEROGATION FOR 1980 HAS ALREADY BEEN GRANTED ;

WHEREAS ANY DEFLECTION OF TRADE SHOULD BE AVOIDED ; WHEREAS THIS 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 PROVISIONS OF PROTOCOL 1 , ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI OR KENYA , FALLING WITHIN CCT HEADING NO EX 97.07 ( ' FISHING FLIES ' ) SHALL BE CONSIDERED AS ORIGINATING IN MALAWI OR KENYA PROVIDED THAT THE VALUE OF THE NONORIGINATING FISH-HOOKS USED FOR THEIR MANUFACTURE AND FALLING WITHIN CCT HEADING NO EX 97.07 DOES NOT EXCEED 25 % OF THE VALUE OF THE FINISHED PRODUCT .

ARTICLE 2

THE COMPETENT AUTHORITIES OF THE REPUBLIC OF MALAWI AND THE REPUBLIC OF KENYA SHALL FORWARD TO THE COMMISSION EVERY QUARTER 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 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 1 JANUARY 1981 .

IT SHALL APPLY UNTIL 31 DECEMBER 1981 .

DONE AT BRUSSELS , 12 FEBRUARY 1981 .

FOR THE CUSTOMS COOPERATION COMMITTEE

THE CHAIRMEN

F . KLEIN A . RAOUL