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COM (83) 677 
 
 
 
Vol. 1983/02 46 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (8 3  )  6 77 final
Brussels, 1 6  N o v em b er 1 9 8 3
DRAFT
DECISION 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 Mauritius with regard to certain items of
fishing tackle
(submitted to the Council by the Commission)
C O M (83) 677 final

EXPLANATORY MEMORANDUM
By letter No. 0715 of 23 June 1983, the ACP States requested on behalf  
of Mauritius a derogation from the rules of origin for certain fishing  
items. However, in accordance with explanatory note 10 on Article 30(1)  
of Protocol No. 1  to the Lome Convention, more detailed information was  
necessary to examine the request. Therefore the three month delay for  
taking a decision on this subject began on the 29th August 1983, the  
date on which the supplementary information was received.
This derogation request concerns assem bled fishing lines including tackle falling 
within Tariff heading No. ex 97-07·
These products are assembled in Mauritius on the basis of a joint venture  
managed by French and Mauritian partners in which the Mauritians hold  
majority shares. The firm was set up in 197*+, employs about 100 Mauritians  
and manufactures 7 to 9 million pieces per year most of which are exported  
to France.
The raw materials used in the manufacture of fishing lines are imported  
from France, with the exception of the hooks which are bought from  
Norway and Japan to conform to the specific recommendations of the  
firm's customers. The firm has tried to find other sources of supply for  
the hooks but so far without success.
It should also be noted that due to employment prol i.ems in Mauritius at  
present, the firm in question will not be in a position to operate at a  
profit unless it is allowed to purchase its raw materials on certain  
markets so as to ensure that its products are more competitive than  
those manufactured in third countries.
Furthermore, it seems that the fishing line assembly industry is labour  
intensive and that the value added in Mauritius is around 60% to 70% of  
the value of the fishing items whereas the imported hooks represent  
around 20% to 25% of the value.

-  2 -
In this context it is important to recall that Article 155 of the second  
ACP-EEC Convention (applicable to Mauritius) provides for special treat­
ment for island ACP States so as to aid them to overcome specific  
difficulties resulting from their geographical position. According to  
Article 30 of Protocol No. 1  to the Convention an examination of a  
request for a derogation from the rules of origin should in particular  
take account of this aspect.
In addition, this request should he grouped with similar requests made  
on several occasions by Kenya and Malawi (derogations for fishing flies)  
for which derogation from the origin rules were granted until the expiry  
of the second Lomé Convention (28.2.1905)·
It should furthermore be noted that the manufacture of the Mauritian  
products takes place using the rules on cumulation of origin to a large  
extent as all the products used with the exception of the hooks are of  
Community origin.
In the light of the above, the Commission proposes that a derogation  
from the rules of origin be adopted for the abovementioned fishing items  
which would be valid until the date of expiry of the Convention.

- 1 -
DRAFT
DECISION 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 Mauritius with regard to certain  
items of fishing tackle
THE CUSTOMS COOPERATION COMMITTEE,
Having regard to the Second ACP-EEC Convention signed at Lome 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 ex 97.07 (assembled fishing lines including tackle);
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 systems 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 m^imum percentage of non-originating products  
incorporated in the finished oduct;
Whereas in these circumstances a temporary derogation from the definition  
of the concept of originating products should be accorded to Mauritius,
(1) OJ No. L 347 of 22.12.1980, p.2

-  2 -
HAS DECIDED AS FOLLOWS :
Article 1
By way of derogation from the provisions of 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 certi­
ficates 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 measures necessary to implement  
this Decision.
Article 4
This Decision shall enter into force on
It shall apply from to 28 February 1985.
Done at Brussels, For the Customs Cooperation Council  
Ihe Chairman