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pH COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 555 final 
Brussels, 25 November 1993 
REPORT FROM THE COMMISSION TO THE COUNCIL 
on the implementation of the OCT-EEC trade arrangements 
(report referred to in Article 240(2) of Decision 91/482/EEC) 
Proposal for a 
COUNCIL DECISION 
Flip 
foil amending Council Decision 91/482/EEC of 25 July 1991 on the association 
of overseas countries and territories with the European Economic Community 
(presented by the Commission) 
ppfff 
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pfPORT FROM THE COMMISSION TO THE COUNCIL 
on the implementation of the OCT-EEC trade arrangements 
(report referred to in Article 240(2) of Decision 91/482/EEC) 
Page 
INTRODUCTION 2 
PART 1: ACCESS TO THE COMMUNITY MARKET 4 
I. ANALYSIS 4 
II. EVALUATION 9 
PART 2: TRANSHIPMENT 13 
I. ANALYSIS 13 
II. EVALUATION 13 
PART 3: DEROGATIONS FROM THE RULES OF ORIGIN 15 
I. ANALYSIS 15 
II. EVALUATION 17 
CONCLUSIONS 18 
Annex I - Details of the arrangements for the OCT 
Annex II - council declarations 
Annex III - III.l Trade balances 
111.2 SITC tables 
111.3 Combined Nomenclature 
Proposal for a Council Decision amending Council 
Decision 91/482/EEC on the association of overseas countries and 
territories with the European Economic Community 
(2) 
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INTRODUCTION 
1. Council Decision 91/482/EEC of 25 July 1991 on the association of 
the overseas countries and territories with the European Economic 
Community* affords all products originating in the OCT free access 
(with no customs duties, levies or quotas). Before the new 
Decision on association came into force at the end of 
September 1991, agricultural products had been covered by 
preferential arrangements identical to those applying to ACP 
countries. 
This innovative access arrangement brought concessions wider than 
any previously granted by the Community in its numerous agreements 
with third countries. It was agreed, along with many of the new 
aspects of this area, following the lengthy discussions associated 
with the adoption of the Decision, on a Commission proposal to the 
Council^. 
2. The new features of the trade arrangements include: 
- the abolition of import duties and other CAP levies (except 
those on rum) which used to apply to the OCT and which may 
still apply to the ACP countries (ACP and OCT arrangements now 
no longer parallel each other); 
- the changes to the rules of origin brought in by the fourth 
Lomé Convention; 
the introduction of transhipment arrangements. 
Annex I contains details of these arrangements. 
3. Because the concessions were unprecedented, the Council added a 
review clause to the end of the Decision ( Article 240(2) ): 
"By 31 December 1993, the Council shall have examined, on the basis 
of a report from the Commission, the implementation of the trade 
regime mechanisms, in order to review the said mechanisms should 
examination show that they have failed to fulfil their objective of 
economic and social development of the OCT, in particular in the 
light of investment development, or that they have led to 
deflection of trade." f 
In addition, a number of declarations were incorporated into the 
Council minutes, including declarations 3 to 6 on the trade 
arrangements (see Annex II). 
1 OJ L 263, 19.9.1991. 
2 COM (90) 387, 25.9.1990. 
3 -
4. The purpose of this report is to examine the operation of the trade 
arrangements. The examination has been performed in the following 
manner : 
(a) by making a statistical analysis of the pattern of trade for 
each OCT and by checking for links between any variations 
detected in 1992 and the operation of the new trade concessions 
(part 1); 
(b) by checking to see whether or not the new transhipment 
arrangements are being used, and by evaluating their economic 
effects (part 2); 
(c) by examining the use made of opportunities for derogations from 
the rules of origin, and by evaluating their economic effects 
(part 3). 
Evaluation of economic effects in the OCT and the Community was 
guided by the considerations set out by the Council in 
Article 240(2) . 
Where warranted, this evaluation puts forward practical changes to 
the trade arrangements required: 
- if the trade mechanisms prove not to have complied with their 
goal of achieving social and economic development in the OCT; 
if the trade mechanisms have led to deflection of trade which 
might harm the operation of the internal market. 
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PART 1 
ACCESS TO THE COMMUNITY MARKET 
I. ANALYSIS OF ACCESS ARRANGEMENTS 
5. First and foremost, it should be borne in mind that all the OCT 
have a substantial trade deficit with the Community. This 
structural imbalance, which typifies their economies, is one which 
the new Decision on association has attempted to tackle (see OCT 
trade balances in Annex III.1). 
6. The statistical analysis of imports into the community from the OCT 
covered a period of five to six years. This made it possible to 
spot variations which occurred after Decision 91/482/EEC came into 
effect. 
The observations which follow begin with an overall description of 
the pattern of trade, and then highlight significant variations or 
the appearance of new products. If the operation of the new trade 
arrangements has anything to do with the changes, this is pointed 
out. 
7. It should be remembered that Eurostat figures make no distinction 
between imports under the preferential OCT arrangements and those 
which fall outside them. 
Other figures were disregarded because, as subsequent checking 
demonstrated, they reflected items re-exported rather than 
produced. This is usual in the case of vehicles or craft (planes, 
boats, etc.), which are recorded as exports when sold abroad or 
exported temporarily for repair. 
8. The tables for each OCT can be found in Annex III: 
Annex III.2: SITC data (UN standard International Trade 
Classification); 
Annex III.3: Combined Nomenclature. 
Observations and explanations relating to each OCT are grouped by 
the country of which they are dependencies (UK, France or the 
Netherlands). , 
In the case of Greenland, because most of its exports are 
fisheries-related, no flows of trade specific to the new 
arrangements were detected. 
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A. UK territories 
9. Anguilla 
In contrast to 1991, an enormous increase in overall trade occurred 
in 1992 (disregarding 1989, when a large quantity of "manufactures" 
was recorded), though the figures remained modest in absolute 
terms. 
The major reason for this was the dramatic rise in figures for 
"machines and transport equipment", which accounted for most of the 
total. More specifically, the category involved is "electronic 
machinery NES" (ECU 1 224 000). 
The "coffee, tea, cocoa, spices" category moreover made a strong 
showing in the second half of 1991 and the first quarter of 1992. 
10. Cayman Islands 
In this case too, a sharp increase in total trade occurred because 
of a rise in figures for "transport equipment", notably in the 
"other transport equipment" subcategory, which accounted for most 
of the total (see point 7 above). 
"Food" exports, particularly "fish, shellfish and preparations", 
dropped to approximately half their previous level, after 
increasing in 1990 and 1991. 
Figures for "miscellaneous manufactured goods", however, increased 
substantially in the second half of 1992. This was the case 
particularly for "manufactured goods NES". 
11. British Virgin Islands and Monserrat 
Overall trade, which remained modest, was higher in relative terms 
in 1992 than in the three preceding years. Chiefly responsible for 
the increase were "machines and transport equipment", notably 
"electric machinery NES" (ECU 1 684 000), which also registered an 
increase in 1992. 
Chemicals, which made a minimal appearance before 1992, showed a 
sharp rise in that year, mainly because of "aromatic oils for 
perfume-making" (ECU 664 000). 
"Food" exports, particularly "fish, shellfish and preparations", 
declined. 
12. Turks and caicos 
Overall trade in 1991, though it remained very modest, did double 
by comparison with 1990. in 1992 it was eight times the 1991 
level. 
The cause of the increase was a growth in exports of "miscellaneous 
manufactured goods", particularly "clothing". This subcategory had 
already posted an increase in 1991, but the trend did not become 
pronounced until 1992, and more specifically the first nine months 
of the year. 
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It should be pointed out, however, that the statistics relating to 
imports of "clothing" into the Community (SITC and CN figures 
alike) are completely at odds with the Turks and Caicos Islands' 
own figures, in which "textiles and textile articles" do not make a 
significant showing. 
Although it represented a small portion of overall trade, the 
"manufactures" category was prominent in 1991 and 1992. 
13. We conclude, in the light of the products considered (which already 
had free access to the Community market under previous Decisions on 
association) and/or the variations detected, that the trade flow 
changes are unconnected with the new Decision on association. 
B. French OCT 
14. Mayotte 
Overall trade, which is at a very low level, has been relatively 
stable over the past five years. 
Exports of "foods", particularly "coffee, tea, cocoa, spices", had 
begun to rise in 1991 and increased significantly in 1992. 
15. New Caledonia 
The rise in overall trade, which peaked in 1989, gave way to a 
decline, which continued in 1992. 
The pattern was due largely to exports of "manufactures", 
particularly "iron and steel". 
Despite the general decline, exports of "fish, shellfish and 
preparations" increased substantially in 1991 and 1992. 
16. French Polynesia 
Overall trade continued at a relatively low level in 1991 and 1992. 
The absolute figures were very low, not even reaching one-tenth of 
the figures for New Caledonia. 
"Food" exports, particularly "fish, shellfish and preparations", 
have been fairly weak since 1988. 
Information gathered on the ground by the Commission departments 
indicates emerging trends which should be reflected in the 1993 
figures for French Polynesia (tropical fruit and flowers, which had 
largely gained free access by 1991). 
17. We conclude that nothing indicates that specific use has been made 
of the new opportunities offered by the trade arrangements in the 
latest Decision on association. 
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C. Netherlands OCT 
18. Netherlands Antilles 
Overall trade increased substantially in 1991, chiefly thanks to 
"petroleum and products" and "other transport equipment". 
These two categories of exports declined in 1992, reducing the 
overall trade figures, which none the less remained high by 
comparison with the 1987 to 1991 average. This occurred mainly 
because of the sharp increase in "food" exports. 
19. The most prominent export subcategory was "cereals and 
preparations", which, 1991 apart, had been insignificant until the 
first half of 1992. The value of such exports rose to 
ECU 18 357 000 during the second half of 1992. 
This sum represents exports of rice, divided into 12 245 000 of 
husked (cargo or brown) rice, and 6 112 000 of "partially or wholly 
milled rice". The rice in question is grown in ACP countries 
(Suriname and Guyana), imported into the Netherlands Antilles and 
re-exported to the community. 
20. Two separate instances of this have occurred: 
rice which had undergone partial milling in the Netherlands 
Antilles acquired OCT origin on the basis of Articles 6 and 7 
of Annex II to the Decision on association, and could be 
imported free of levies under the new trade arrangements; 
husked rice could not comply with Articles 6 and 7, could not 
acquire OCT origin and therefore attracted a levy. 
21. In quantity terms, there are some extra imports into the Community, 
since the products in question were traditionally exported directly 
by suriname and Guyana under the Lomé Conventions (125 000 t). 
Decision 91/482/EEC provided easier access for them (160 000 t 
between October 1992 and October 1993). 
22. The "fruit and vegetables" subcategory of exports, also 
insignificant in the past, rose sharply to a value of ECU 660 000 
in the second half of 1992, entirely as a result of exports of 
"orange juice", information gathered locally indicated that the 
consumers of the juice were mainly Dutch expatriates in the 
Netherlands Antilles. 
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The figures available do not show whether such imports: 
occurred outside the scope of the preferential arrangements 
(i.e. with the duty applicable to imports from third countries 
being charged); 
or were governed by the rules of origin specific to heading ex 
2009.4 
It should be borne in mind that the Netherlands Antilles 
authorities subsequently (end of January 1993) made a request for a 
derogation from the rules of origin for orange juice obtained from 
concentrate imported from third countries. This was then withdrawn 
(see Part 3, II.C). 
23. Aruba 
Overall trade increased substantially in 1991, mainly because of 
exports of "petroleum and products". Exports of "miscellaneous 
manufactured goods" also increased substantially, chiefly because 
of the "footwear" subcategory (ECU 417 000). A similar increase 
occurred with "machines and transport equipment". significant 
results were achieved for the first time for "aromatic oils for 
perfume-making". "Food" exports fell, however, continuing a trend 
which had begun in 1989, mainly because of the "coffee, tea, cocoa, 
spices" subcategory. 
The trend of the previous years continued in 1992, but the overall 
level of trade, though still high, was lower than in 1991. Exports 
of "petroleum and products" and "machines and transport equipment", 
in particular, declined. The same occurred with "miscellaneous 
manufactured goods", with the "footwear" subcategory disappearing, 
though exports of "clothing" increased, as did "aromatic oils for 
perfume-making". 
Another subcategory which made an appearance in 1992 was "rubber 
manufactures NES". 
24. We conclude, in the light of the products considered and the 
variations detected, that the new features of the Decision on 
association do not in general seem to have influenced trade flows 
between Aruba and the Community (industrial goods down in 1992). 
25. On the other hand, the variations detected for "cereals and 
preparations" from the Netherlands Antilles do seem to result from 
the new trade arrangements. In the past, rice originating in the 
ACP countries and OCT attracted a 50% levy reduction within a 
single tariff quota (125 000 t expressed as husked rice), provided 
that the remaining 50% was paid in the form of an export charge. 
In practice, the only exports came direct from Suriname and Guyana, 
since processing in an OCT brought no tariff advantages and in fact 
entailed extra costs. 
"Manufacture in which all the materials used are classified in a 
heading other than that of the product, provided the value of any 
materials of Chapter 17 used does not exceed 30% of the ex-works 
price of the product." (OJ L 263, 19.9.1991, p. 88). 
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26. The new market access opportunities provided by the abolition of 
levies on rice originating in the OCT, along with the availability 
of raw materials which, thanks to the retention of cumulation of 
origin between ACP and OCT, could be used within the region (see 
Annex I pp.I.2 and 1.4), lay at the root of the new rice exports. 
II. EVALUATION OF ACCESS ARRANGEMENTS 
27. The observations found above show that in the case of most of the 
OCT the pattern of trade with the Community and current investment 
have undergone no significant structural changes attributable to 
the new trade arrangements adopted in mid-1991. 
This situation should be examined in the light of the two criteria 
set out in Article 240: economic and social development in the OCT 
(notably investment and employment), and the possibility of 
deflection of trade. 
A. DEVELOPMENT AS AN AIM 
28. Firstly, it is impossible to imagine arrangements affording more 
open access than that already available; secondly, it would seem 
hasty to conclude from the figures available that the trade 
arrangements have failed in their aim of securing development and 
that they should therefore be changed. 
It must be considered that: 
(a) The statistics and additional information collected cover only 
a year and a half, a very short space of time; 
(b) Economic operators are still not familiar with the new 
opportunities open to them, despite the fact that the 
authorities of the territories and the Commission delegates 
have distributed the legislation, and despite the fact that 
seminars have been held locally.5 
(c) Investment decisions for new exports are often a long time in 
coming, particularly during a worldwide recession. 
At the request of the OCT authorities, seminars on the new Decision 
on association were conducted (with representatives of the 
Commission in attendance) from September 1991 in the Netherlands 
Antilles and Aruba, and in July 1992 in New Caledonia and French 
Polynesia. A third seminar has been scheduled for November 1993 
for the five UK OCT and the two Dutch OCT in the Caribbean. 
(3) 
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23. The only significant example of the new arrangements being put to 
use (rice in the Netherlands Antilles) does in fact demonstrate 
that they are amply suited to promoting economic and social 
development in the OCT. According to material received from the 
office of the Permanent Representative of the Netherlands, two 
firms (in Bonaire and Curaçao) process husked rice into partially 
milled rice: 
the effect on employment (total population approx. 200 000) has 
been 120 jobs (direct and indirect) in Bonaire, and 155 jobs in 
Curaçao; 
investment under way or planned for 1993 is USD 1 330 000 (in 
the case of Bonaire) and USD 4 410 000 (in the case of 
Curaçao), with USD 2 800 000-worth already complete 
(January 1993 figures); 
over time, the capital generated by this industry could have a 
substantial effect on the development of the territory if it is 
used in local production. 
B. DEFLECTION OF TRADE 
30. Although the observations above indicate that the new trade 
arrangements have contributed to development in one OCT, the same 
example demonstrates that the new flow of levy-free imports which 
has arisen has disrupted part of the agricultural market in the 
Community. As a result, the Commission was forced to adopt 
safeguard measures (under Article 109 and Annex IV to the Decision 
on association). It later relaxed the measures as a result of 
market trends, then repealed them.^ 
31. Looking at the case, it becomes apparent that this disturbance of 
the market can be attributed to the fact that levy-free access 
allows products into the Community at prices below the prices which 
the Community guarantees to producers, whereas the annual fixing of 
common prices by the Council is what enables the aims of the common 
agricultural policy to be achieved. 
Not applying the levy consequently threatens to create a clash 
between two Community policies: development policy and the common 
agricultural policy. 
32. These imports have also held consequences for the Community 
processing industry. OCT exports of rice grown in Suriname and 
Guyana have changed Community importers' traditional lines of 
supply, and some of them no longer have access to their usual 
sources. 
Decision 93/127/EEC, OJ L 50, 2.3.1993, p.27. 
Decision 93/211/EEC, OJ L 90, 14.4.1993, p.36. 
Decision 93/356/EEC, OJ L 147, 18.6.1993, p.28. 
The Netherlands Government and a number of operators have, however, 
made legal appeals against the Commission decisions (cases 
C-265/93, C-271/93 and C-281/93, OJ C 171, 22.6.1993, pp. 10, 11 & 
12). Case C-265/93 was later withdrawn by the Netherlands 
Government. 
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The relatively low yield of partially milled rice from the OCT, 
rice which is not at present exported in the form of wholly milled 
rice, though this is technically entirely possible, has meant that 
' there has so far been no drop in processing contracts for the 
Community industry as a whole, it has only resulted in transfers of 
internal orders. 
33. There have, moreover, been no imports of Netherlands Antilles rice 
into the overseas Departments, 00 there has been no disruption of 
the latters' markets, which, being 00 small, would be particularly 
vulnerable, it therefore seems that the spirit of Council and 
Commis a ion declaration Mo 4 (see Annex II) has been adhered to. 
C. POSSIBLE ADJUSTMENTS 
34. The current arrangements already include a method of preventing 
disruption of the community market, in the form of the safeguard 
alause (Article 109 of the Decision). 
its role as a special provision for use in a temporary crisis 
means, however, that it is designed to cope with emergencies, and 
not a deep-seated conflict between two Community policies. 
Furthermore, it cannot easily coexist with the need for stability 
and predictability demanded by successful development of trade. 
As a consequence, provision should be made for the current 
arrangements to be added to. 
35. There are a number of options for solving the clash between 
development policy for the OCT and the common agricultural policy1 
(a) Abolishing ACF-OCT cumulation 
in the case which gave rise to the clash in question, the root 
of the problem was the use of the ACP-OCT cumulation rule. The 
clash could be resolved by eliminating this opportunity for 
cumulation, and it is accurate to say that the facility had 
always been intended for use by partners with identical 
arrangements for accès0 to the Community market. 
Getting rid of cumulation would provide only a partial solution 
to the underlying problem, since it would leave open the issue 
of products grown in an OCT. solutions with a more general 
scope therefore need to be found. 
(b) Applying levies across the board 
This would be much more restrictive than the previous 
preferential arrangements, which had not caused any disruption 
of the market. It would also be the situation which exists for 
third countries, something which would run counter to the very 
principle of the OCT association. 
(c) use of a reduced levy 
Applying a reduced levy, possibly in combination with 
quantitative limits, to sensitive agricultural products from 
the OCT could ensure simultaneously that the objectives of the 
CAP were not harmed and that there was a degree of preference 
by comparison with the full levy to which third countries were 
subject. 
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This option holds substantial disadvantages, however. It would 
mean going back on the Decision's principle of exemption from 
all import charges. 
(d) introducing (under certain circumstances) reference prices for 
GAP products to which guaranteed prices apply 
Regular monitoring of trade in the products in question takes 
place within the framework of the partnership referred to in 
Article 235 of the Decision. 
if there is a threat of disruption of trade in such products 
between the OCT and the Community, and the Commission 
accordingly considers steps to avert that threat, the 
partnership arrangements dictate that the Commission's draft 
measures must be discussed in special prior consultations. 
This option would be compatible both with the aims of the CAP 
(by ensuring price stability on the market) and with the aims 
of development policy (by providing OCT exporters with stable, 
predictable and advantageous market-access conditions). 
The commission accordingly proposes this option. 
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PART 2 
TRANSHIPMENT 
I. ANALYSIS OF THE TRANSHIPMENT SITUATION 
36. The details of this new element of the trade arrangements can be 
found in Annex I. 
Transactions of this kind do not appear, and have no reason to 
appear, in the figures for imports into the community originating 
in the OCT. A product "transhipped in the unaltered state" in an 
OCT will, for statistical purposes, continue to appear in the 
figures relating to the third country in which it originated. 
For this reason, the Commission delegations in the OCT sought 
information from the latters' customs authorities, which were in 
the best position to tell whether or not the transhipment procedure 
had been used. 
37. The only example found was that of shoes originating in Venezuela, 
transhipped in Curaçao (Netherlands Antilles) and imported into the 
United Kingdom. 
In 1991 (according to SITC figures), shoes worth ECU 291 000 were 
imported into the Community. This dropped to ECU 4 000 in 1992, 
when transhipment was first used for shoes. 
38. It is interesting to note that imports of shoes from nearby Aruba 
had been at a particularly high level in 1991, only to "disappear" 
in 1992 (see Part 1, I.C above). 
It is possible, though not provable, that use may have been made of 
the new transhipment arrangements in Aruba as well, and that shoes 
were therefore no longer recorded in the figures. The likelihood 
of this having happened is great, given that this phenomenon 
occurred for the same item in the same year (1992) and within a 
small geographical area (Netherlands Antilles and Aruba). 
II. EVALUATION OF THE TRANSHIPMENT SITUATION 
39. The only case detected seems to be compatible with the aim of 
promoting economic and social development in the OCT, though its 
effects are still limited. 
The main benefit was probably a transfer of revenue from the 
Community budget to that of the Netherlands Antilles, as the 
customs duties would have been paid to the latter (maximum CCT rate 
for shoes - code 6404 - is 20%). 
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In addition, the goods will have generated income for the port 
authorities and for the shipping lines or airlines plying the route 
between Curaçao and the Community rather than the direct route from 
Venezuela. 
It should be remembered that all the OCT have a substantial trade 
deficit with the Community (see Annex III.1). For this reason, it 
is customary for "return freight" to be cheap, and this is a 
possible explanation for the advantage of using transhipment and 
making use of the available cargo space to export products 
originating in the OCT. 
40. The risk of deflection of trade is covered by the arrangements 
themselves, since the customs tariff must be collected in the OCT 
and this fact proven by the EXP certificate established for that 
purpose and found in Annex III to Decision 91/482/EEC. 
41. In conclusion, the principle of the two objectives seems to have 
been adhered to, and the experience of a single case is not 
sufficient to justify changing the arrangements. 
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PART 3 
DEROGATIONS FROM THE RULES OF ORIGIN 
I. ANALYSIS OF THE DEROGATION PROCEDURE 
42. Under Article 30 of Annex II to the Decision, applications may be 
made for temporary derogations to allow products which do not 
comply with the origin rules preferential treatment in order to 
encourage new investment in the OCT. The derogation procedure is 
based on two principles : 
that of promoting production, investment and employment in the 
OCT; 
that of preventing serious injury to Community industry. 
Details of the main improvements introduced by Decision 91/482/EEC 
with regard to automatic derogations can be found in Annex I. 
Only the Netherlands Antilles have so far used the derogation 
procedure. Since Decision 91/482/EEC entered into force, the 
following requests have been received: 
A. Pullovers 
43. On 24 March 1992, the Commission adopted a Decision derogating from 
the definition of the concept of originating products for ladies• 
knitted pullovers.^ 
The Government of the Netherlands Antilles had sought this 
derogation for pullovers made up from non-originating pieces of 
knitted fabric, a process which did not comply with the rules of 
origin applying to clothing or with Annex II of the Decision on 
association. 
The aim of the derogation is to promote the establishment of a 
textile industry in the Netherlands Antilles and lead to a 
large-scale programme of investment, without, however, causing 
serious injury to Community industry. 
The effect of the derogation would be a diversification of the 
local economy and a reduction of the high unemployment rate. It 
covers a limited quantity and will remain in force for three years, 
with a possible two-year extension. 
44. The request made by the Kingdom of the Netherlands indicates that 
the initial phase of production would create approximately forty 
jobs. 
The financial value of the investment is not known, however. 
Decision 92/197/EEC, OJ L 88, 3.4.1992, p.63. 
- 16 -
45. Two new features introduced by Decision 91/482/EEC had a positive 
effect in connection with the request for a derogation for 
pulloversi that the derogation would be granted automatically if 
the quantities in question did not exceed 1% of imports into the 
community, and that a decision would be taken within sixty days of 
the request being submitted (Article 30(7) and 30(8)). 
B. videocas aettes 
46. On 6 November 1992, the Commission turned down the Netherlands 
Antilles* request for a derogation from the definition of the 
concept of originating products for pre-recorded vidéocassettes8 
on the grounds that the conditions for a derogation had not been 
met. 
The Kingdom of the Netherlands sought to have the commission's 
refusal overturned, primarily on procedural grounds (failure to 
produce a decision within sixty days).9 
47. The refusal was justified by the sensitive nature of the product 
and the considerable quantities involved, and based on the new 
wording of Article 30(1), which explicitly refers to the risk of 
serious injury to the community industry as grounds for refusal. 
48. Also considered was the small contribution which this operation was 
expected to make to economic developmenti the approximate fpreaasts 
were 49 jobs and USD 5 million of investment. 
It was furthermore not established that the rules of origin could 
be complied with over the longer term. 
49. These two criteria are taken in conjunction with those set out by 
the Council in Article 240(2) of the Decision on association. 
c Orange juice 
50. ay letter of 20 January 1993, the Government of the Netherlands 
Antilles requested a derogation for exports of orange juice made 
from frozen juice concentrate produced in third countries. 
By letter dated 8 February, the office of the Permanent 
Representative of the Netherlands asked that the Committee on 
Origin's vote on the matter be postponed, on the grounds that all 
the details needed for the case to be considered were not 
available » 
The case has since been closed. Any further material submitted by 
the Netherlands Antilles will be treated as a new request. 
8 Commission Decision C(92)2655 (final). 
9 case C-430/92, recorded by the Court of Justice on 
23 December 1992. 
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II. EVALUATION OF THE DEROGATION PROCEDURE 
51. The policy of granting automatic derogations for limited quantities 
helped to push through the decision to invest in an OCT (the case 
of the pullovers), without giving rise to any discernable negative 
change in the Community's foreign trade. 
52. Thanks to case-by-case examination and the precautions included in 
the current rules, notably the reference to serious injury to 
Community producers, no deflection of trade has been detected. 
In the case of the pullovers the risks were considered minimal in 
the light of the small quantity involved and the short duration of 
the derogation. 
53. The introduction of the Management Committee procedure to handle 
derogations went smoothly, and in fact simplified administrative 
matters without endangering examination of the cases. 
54. We would conclude that the new features relating to derogations 
have served the aims set out, and that no changes are necessary. 
(4) 
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CONCLUSIONS 
55. As Article 240(2) of the Decision on association states, this 
report is intended to enable the Council, by 31 December 1993, to 
assess, on the basis of the two fundamental criteria for analysis, 
the need for any review of the mechanisms of the new trade 
arrangements. 
Against this background, and in the light of the analysis set out 
above, the commission considers: 
that the trade arrangements adopted in mid-1991 should be 
retained to enable what are still new mechanisms to continue 
operating and thus further the development aims of the 
association between the OCT and the Community; 
that there is a fundamental clash between two Community 
policies arising from the fact that free access is being given 
to products originating in the OCT which would, in the 
community, be governed by market organizations. 
56. The community accordingly proposes to introduce a special procedure 
for CAP products afforded free access if they come from the OCT but 
admitted under other arrangements if governed by the Lomé 
Convention. 
Under this procedure, the council would allow the Commission to 
establish reference prices for imports of OCT products of this 
type, setting them at a level which was compatible with the aims of 
the CAP but which also afforded the OCT the opportunity to export. 
once reform of the common Agricultural Policy is completed and the 
results of the multilateral trade negotiations are known, 
implementation of the trade arrangements for agricultural products 
should, and indeed must, be examined* 
57. The commission would like to take advantage of the submission of 
this report to the council to clarify the wording of Article 101(1) 
of the Decision on association. 
The amendment would be timely in view of the entry into force of 
the new community customs Code on 1 January 1994,*° particularly 
Article 4(10), which defines import duties: 
"(10) •import duties• means : 
customs duties and charges having an effect equivalent to 
customs duties payable on the importation of goods, 
agricultural levies and other import charges introduced 
under the common agricultural policy or under the specific 
arrangements applicable to certain goods resulting from the 
processing of agricultural products." 
10 council Regulation (EEC) No 2913/92 of 12 October 19921 OJ L 302, 
19.10.1992. 
- 19 -
By contrast, Article 101(1) of Decision 91/482/EEC refers only to 
exemption from "customs duties and charges having equivalent 
effect": incorporating the new definition would bring the community 
texts into line, since it is clear that the free access which the 
Counail has granted to the OCT includes exemption from CAP charges. 
ao 
i-i 
Annex 1 
New trade arrangements 
Trade arrangements prior to 1991 
Under Decision 86/283/EEC on the association of the OCT with the EC,1 
which preceded Decision 91/482/EEC, the trade arrangements were the 
same as those in the third Lomé Convention: 
(a) exemption from customs duties for imports of: 
industrial products originating in the OCT, with the exception 
of rum, which was subject to a tariff quota until 
31 December 1995; 
agricultural products whose importation was not subject to any 
Community measure other than customs duty; 
(b) for imports of other agricultural products, treatment more 
favourable than that accorded to third countries, but not total 
relief (e.g. reduced levy, see Regulation (EEC) No 715/90);2 
(c) the above arrangements applied to products complying with rules of 
origin (see Annex II) identical to those in Protocol No 1 to 
Lomé III. 
As the trade provisions and origin rules were the same, cumulation was 
always allowed for the ACP and OCT together. 
The ACP/OCT rules of origin are summarized on pp. 3 et seq. of this 
Annex. 
Trade arrangements since 1991 
Decision 91/482/EEC introduced a number of new features which brought 
an end to this symmetry in treatment: 
1 OJ No L 175, 1.7.1986. 
2 OJ NO L 84, 30.3.1990. 
M 
1-2 
(a) Duty-free access (Article 101(1)) 
Under Article 101(1), all products originating in the OCT, 
including those subject to preferential duties under Lomé IV, are 
allowed duty-free access to the Community market. 
The sole exception is rum, which continues to be subject to the 
annual quota until 31 December 1995 (Article 111 and Annex V). 
(b) Rules of origin (Annex II) 
The rules of origin incorporate the Lomé IV improvements 
(relaxation of added-value percentage rules, chartering of fishing 
vessels, increase in value tolerance from 5% to 10%, improved 
derogation procedure), plus two new criteria allowing automatic 
derogations in the case of: 
products which are not sensitive for the Community, and 
products which are sensitive, provided the derogation would not 
apply to a quantity exceeding 1% of Community imports 
(Article 30(7)(b)). 
Although there is no longer total ACP/OCT symmetry, note that the 
cumulation rules still apply, subject to an amendment excluding the 
simplest forms of working (Articles 6 and 7). 
(c) Transhipment (Article 101(2) and (3) and Annex III) 
Article 101(2) allows duty-free access for third-country products 
not originating in the OCT which are re-exported from the OCT in 
the unaltered state, provided duties equivalent to or greater than 
the community duties were paid on them when they were admitted to 
the OCT. 
Article 101(3), however, stipulates that these provisions do not 
apply to: 
products subject to the CAP or certain goods resulting from the 
processing of agricultural products; 
- products subject to quantitative restrictions or limitations on 
import into the community; 
products subject to anti-dumping duties on import into the 
Community. 
There is no comparable provision in any of the Community's other 
preferential arrangements, which relate purely to products 
originating in the territories concerned. In this case, the 
provision is more like those found in the context of a customs 
union. 
IL 
1-3 
SUMMARY OF OCT RULES OF ORIGIN 
(Annex II to Decision 91/482/EEC) 
The purpose of the rules of origin is to ensure that the preferential 
arrangements provided for in the Decision benefit the OCT for whom they 
are intended, and are not abused by third countries. 
The rules are based on the following principles : 
1. Wholly-obtained products 
Products wholly obtained in the OCT, i.e. not incorporating 
imported raw materials, parts or components, are always regarded as 
originating in the country or territory concerned, e.g. unprocessed 
plant products or minerals (Article 2). 
Electricity, fuel, plant and equipment etc. used in manufacture do 
not affect the origin of the manufactured products, irrespective of 
their own origin (Article 4). 
Special rules are laid down for fishery products, depending on 
whether catches are taken in OCT territorial waters or on the high 
seas and depending on adherence to the conditions concerning 
vessels (Article 2(2), (3) and (4)). 
2. Minimum working or processing 
Third-country products which undergo only certain minor types of 
working or processing in the OCT, such as changes of packaging, 
mixing, assembly etc., exhaustively listed in Article 3(3), are 
never regarded as originating products, except possibly in the 
context of the cumulation rules (see point 3.3). 
3. Sufficient working or processing 
Products manufactured from third-country materials may acquire 
originating status provided the inputs are sufficiently worked or 
processed in the OCT, the ACP states, or the Community. 
3.1 Change of heading rule 
A product is generally deemed to have been sufficiently worked or 
processed if it is classified under a different four-digit tariff 
heading from any of the imported raw materials used in its 
manufacture (the change-of-heading rule) - (Article 3(1)). 
12> 
1-4 
3.2 Listed products (special rules) 
However, since the structure of the customs tariff was not 
primarily devised for the purposes of the origin rules, a list of 
exceptions to the change-of-heading rule has been drawn up 
(Article 3(2)). These special rules may impose criteria in addition 
to the change of heading (e.g. a minimum value-added percentage) or 
set a less stringent condition. 
The list is set out in Annex II to the Decision. To apply the rules 
it contains it may therefore be necessary to know not only the 
tariff classification but also the value (a) of the imported raw 
materials and (b) of the finished product. 
3.3 Cumulation 
Raw materials wholly obtained in any OCT, ACP State or in the 
Community and all working or processing of third-country materials 
carried out in any of these places count towards the establishment 
of originating status. 
Note that goods of ACP origin will obtain OCT originating status if 
they undergo working or processing in the OCT in excess of the 
minor operations referred to in Article 3(3) - see point 2. 
Otherwise, the goods retain their ACP origin and Lomé Convention 
treatment will be applicable. 
3.4 Value tolerance 
Products not strictly satisfying the rules in the Annex may qualify 
for an additional 10% tolerance as to the value of the third-
country materials used unless the product is already subject to a 
value-added percentage rule in the list (Article 5). 
4. Documentation 
Originating products must be accompanied by a EUR 1 movement 
certificate endorsed by the competent customs authorities of the 
exporting country. The certificate must bear an official stamp, 
notified to the Commission in advance (Articles 12-20 and 25). 
Simplified procedures are applicable in some cases to low-value 
consignments. 
Importing countries can request verification of EUR 1 certificates 
presented to them, particularly in cases where they have grounds 
for believing that they have been falsified or wrongly issued. 
*t 
1-5 
5. Direct transport 
As a rule goods must be transported direct, i.e. under cover of a 
single transport document, from the OCT of origin to the Community. 
This is in order to prevent substitution or tampering in third 
countries. 
Exceptions to this rule are allowed provided goods remain under 
customs supervision in the third country of transit. 
6. Derogations 
The Decision incorporates an undertaking by the Community to grant 
temporary derogations to the origin rules provided these are not 
detrimental to its own industries and that requests are properly 
supported by objective, development-based criteria. 
In this connection the effect on new investment, level of 
development, geographical situation and use of materials from other 
developing countries will all be taken into consideration 
(Article 30). 
In some cases derogations will be granted automatically under 
Article 30(7)(b) and (c), namely: 
(a) in respect of products not identified as sensitive in the 
context of the GSP (i.e. subject to quota or excluded from 
GSP) ; 
(b) where the quantity of sensitive products or materials would not 
exceed 1% of Community imports in those categories, 
and provided that the working or processing carried out in the OCT 
is in excess of the minimum operations listed in Article 3(3) - see 
point 2. 
Requests are deemed to have been accepted if a decision is not 
taken within sixty working days of their receipt by the commission. 
The decision-making procedure is laid down in Decision 90/523/EEC. 
RELATIONS COMMERCIALES PTOM - CEE 
Droits de douane TDC 
Prélèvements agricoles 
C.E.E. 
LIBRE ACCES POUR 
TOUS PROOUITS 
Produits originaires 
des PTOM Libre accès 
pour les produ 
industriels 
régime préférei 
tiel pour les 
produits 
agricoles et 
transformés 
PTOM 
RELATIONS COMMERCIALES PTOM - CEE 
- règles d'origine -
Art.101 §1 et Annexe II 
PTOM 
Entièrement 
obtenu PTOM 
V Transformation 
suffisante LIBRE ACCES C.E.E, 
/ IV 
/ 
2> 
OECISION PTOM 
ARBRE LOCIOUE POOR DETERMINER SI UN PROOUIT PEUT ETRE CONSIDERE CO-UE OR.C.NA.RE 
AU MAXIMUM 4 QUESTIONS PEUVENT ETRE NECESSAIRES POUR OETERW.NER LE STATUT D'UN PRoou.T 
Votre produit o-t-ll 4t4 »ntl)r««M obtenu 
«ont lee Ctote ACP. PTOM ou CEEt 
Article 2 
T T 
|NON| louil T » 
| ORIGINAIRE | 
| Votre produit o-t-ll 4t4 eoumle «oui 6 de« 
| ouvreleone eUnlMlee t Article 3 (S) 
|NON| louil 
I 
r î 
I Y o-t-l1 une règle «pacifique concernont votre | 
| produit dont lo Llate t Annexe 2 | 
I . . I 
I I 
|NON| louil I i 
| NOM-ORICINAIRE | 
I I 
X 1 
Toutee lee enotleree,parties | 
ou conpoeont* non—orIglnolretI 
utllle4e changent-i le | 
de code torIfoire SH 6 | 
4 chiffrée t (1) | 
|NON| 
T 
I 
I 
L T 
louil Votre produit remplit-Il 
lee condition* dene lo 
LUte T (1) 
INONI |0U.| l 1 
| ORIGINAIRE | 
I I 
| NON-ORICIMAIRE | 
I I 
'I 1 
| ORIGINAIRE | 
I I 
I 1 
| NON-OR ICIMAIRC | 
I I 
(1) Eventuellement groce è l« to14ronce de 10 X en valeur de l'Article 5 
zs IM 
Annexe I I 
DECLARATIONS 
INSCRITES AU PROCES-VERBAL DU CONSEIL, 
du 25 Jul I let 1991<1> 
3. Déclaration du Conseil et de la Commission 
La nature spécifique du régime commercial appliqué aux PTOM résulte des 
relations particulières entre la Communauté et ces PTOM, fondées sur 
les dispositions du Traité de Rome et en particulier de sa quatrième 
partie. Ce régime ne peut dès lors être considéré comme un précédent 
pour des pays tiers. 
4. Déclaration du Conseil et de la Commission 
Le régime commercial associant les PTOM aux Communautés européennes ne 
placera pas les produits d'une ou plusieurs réglons ultrapériphériques 
de la Communauté dans une situation moins favorable que celle existant 
pour les produits des PTOM. 
5. Déclaration du Conseil et de la Commission 
Les nouveaux mécanismes du régime commercial convenus dans le cadre de 
la décision d'association feront l'objet, eu égard à leurs complexités, 
d'un examen avant le 31 décembre 1993, selon les procédures et 
objectifs précisés à l'article 240 paragraphe 1 bis. 
Pour la réalisation de ce rapport, la Commission devra être en 
possession de toutes les données statistiques nécessaires pour les 20 
PTOM considérés, données qui s'avèrent actuellement manquantes, notam­
ment quant aux quantités et valeurs des produits importés dans la 
Communauté au titre de l'article 101 paragraphe 1 et 101 paragraphe 2, 
et aux Investissements réalisés dans les PTOM. 
Les Etats membres dont relèvent des PTOM mettront tout en oeuvre pour 
que les autorités concernées fournissent les données ad hoc qui leur 
seront demandées par la Commission. ' 
6. Déclaration de la Commission ad article 101. paragraphe 3. 
deuxième tiret 
Les termes "restrictions ou limitations quantitatives" se réfèrent aux 
restrictions quantitatives qui résultent des accords, des arrangements 
d'auto-lImitât ion ainsi que des mesures autonomes applicables aux 
produits des pays tiers à l'Importation dans la Communauté. 
(1) Doc 7557/91 Restreint PTOM 56/FIN 268, du 22.07.1991. 
M III-1 
Annexe 
STATISTIQUES DU COMMERCE PTOM/CEE 
Il 1.1 Balance commerciale 
111.2 Importations CEE CTCI 
111.3 Importations CEE N.C. 
Les constats sont basés sur les statistiques CTCI, permettant de voir 
directement la correspondance des chiffres avec le produit, catégorie et 
sous-catégorie (cf. Annexe III.2). 
De plus, sont représentées également les Importations principales par 
produit (à 2 chiffres) afin de permettre une confirmation, selon la méthode 
de la nomenclature combinée (Eurostat), avec 1992 comme année de référence 
(cf. Annexe 111.3). 
3o III-2 
BALANCE COMMERCIALE 
Commerce total entre ies neuf PTOM étudiés et la CEE (voir partie I) 
Les données proviennent du système CTCI et sont présentées pour les trois 
dernières années. 
IMP. 
EXP. 
B.C. importations dans la CEE en provenance du PTOM 
exportations de la CEE vers le PTOM 
balance commerciale. 
Importations communautaires en provenance des PTOM 
fil 
exportations communautaires vers les PTOM 
AngulI la 
Imp 
Exp 
BC Ptom 
I les Cayman 
Imp 
Exp 
BC Ptom 
I les Vierges 
britanniques 
+ Montserrât 
Imp 
Exp 
BC Ptom 1990 
427 
5.739 
5.306 
9.582 
35.141 
25.559 
2.575 
17.005 
14.430 lââl 
118 
4.792 
4.674 
12.617 
37.788 
25.171 
1.826 
37.563 
35.737 (x 1000 Ecus) 
1992 
1.380 
2.631 
1.251 
53.687 
152.951 
• 99.264 
3.185 
24.301 
21.116 
?>> 
Importations communautaires en provenance des PTOM 
fil 
exportations communautaires vers les PTOM 
(x 1000 Ecus) 
lââfl 1991 1992 
Iles Turks et Cal cos 
Imp 311 670 5.487 
Exp 6.492 4.875 4.179 
BC Ptom - 6.181 - 4.205 + 1.308 
Mayotte 
Imp 2.607 2.660 2.640 
Exp 26.426 31.593 34.782 
BC Ptom - 23.819 - 28.933 - 32.142 
Nouvelle Calédonle 
Imp 185.354 179.618 161.181 
Exp 408.304 391.459 373.687 
BC Ptom -222.950 -211.841 -212.506 
Polynésie française 
Imp 14.643 9.174 9.430 
Exp 314.677 274.433 300.515 
BC Ptom -300.034 -265.259 -291.085 
Antilles néerlandaises 
Imp 55.430 152.233 120.939 
Exp 297.332 284.177 253.090 
BC Ptom -241.902 -131.944 -132.151 
Aruba 
Imp 2.726 18.097 13.982 
Exp 75.711 73.883 90.041 
BC Ptom - 72.985 - 55.786 - 76.059 III-3 
ANGUILLA 
Année Commerce total Machinée Café, thé, 
+ cacao, éplcee 
(CT) matériel transport 
1992 1.380 1.233 85 (1000écus) 
1987 285 11 
1988 586 373 - \r* 
1989 2.068 17 
1990 427 79 16 
1991 118 30 65 
i 
CAYMAN 
(100Oécus) 
Année Commerce total MachInee Produits Art ic tes 
alimentaires manufacturés 
(CT) matériel transport divers 
1987 4.680 1.831 1.858 152 
1988 16.305 11.369 1.952 19 
1989 17.372 7.046 4.872 46 
1990 9.582 201 8.607 46 
1991 12.617 1.182 7.708 98 
1992 53.687 47.530 4.456 948 
I 
ILES VIERGES BRITANNIQUES + MONTSERRAT 
Année Commerce total Produits Machines Produits 
chimiques + alimentaires 
(CT) matériel transport 
1992 3.185 677 2.072 (1000ÔCUS) 
1987 973 28 186 
1988 6.373 2 647 121 w 
1989 2.686 0 994 424 
1990 2.575 122 704 25 
1991 1.826 61 909 256 
i 
TURKS & CAICOS 
(1000écus) 
Année Commerce total Articles MachInes Articles Vêtements 
manufacturés manufacturés 
(CT) mater i eI transport divers 
1987 152 34 31 18 
1988 218 71 28 58 
1989 224 21 20 45 
1990 311 31 193 25 
1991 670 203 207 197 180 
1992 5.487 136 1.498 3.707 3.704 
I 
MAYQTTS 
(1000écus) 
Année Commerce total Cofé, thé 
(CT) cacao, épiées 
1987 2.157 265 
1988 2.526 320 
1989 2.081 347 
1990 2.607 253 
1991 2.660 463 
1992 2.640 819 I/O 
i 
00 
NOUVELLE-CALEOONIE 
(1000écus) 
Année Commerce total Fer et acier Poissons Machines 
• t 
matériel de transport 
1987 83.091 60.611 - 806 
1988 245.600 182.498 95 1.576 l/° 
-P 
1989 327.006 234.997 134 1.498 
1990 185.354 112.114 494 16.533 
1991 179.618 123.120 1.797 2.635 
1992 161.181 109.881 1.785 7.331 
l 
POLYNESIE FRANÇAISE 
(1000écus) 
Année Commerce total Produits Machines 
«t 
alimentaires matériel de transport 
1987 18.865 1.705 11.318 
1988 9.661 553 2.570 
1989 16.706 229 9.349 
1990 14.643 509 3.361 
1991 9.174 309 476 
1992 9.430 223 2.572 
i 
o 
ANTJUÇS NÇE-RlANDAjSES 
(10O0écus) 
Année Commerce total Pétrole Machines Produ i ts Céréales Légumes 
a Iimenta i res 
(CT) dérivés matériel transport préparations fruits 
1987 43.631 31.006 3.741 1 .556 
1988 60.842 33.647 21.148 647 
1989 92.584 75.837 5.911 2.912 1 .067 
1990 55.430 39.479 5.764 746 60 
1991 152.233 111.898 32.526 1 .133 11 13 
1992 120.939 87.391 7.079 20.093 18.365 660 £ 
ARUM 
(1000écus) 
Année Commerce total Pétrole Articles Chaussures Vêtements Machines Produits Café, thé 
+ + alimentaires cacao. 
matériel transp. épices (CT) dérivés manufacturés divers 
1987 12.291 9.461 113 73 112 1.805 1.774 
1988 5.790 88 237 117 217 1.517 1.482 
1989 4.057 223 115 33 23 385 O 
2.776 2.558 
1990 2.726 67 23 304 398 384 
1991 18.097 14.381 599 417 71 807 147 39 
1992 13.982 12.333 291 122 291 169 10 
i 
ARUBA (cont'd) 
Année Huiles aromatiques pour parfumerie Caoutchouc manufacturé N.O.A. 
1987 
1988 
1989 
1990 
1991 165 15 
1992 403 173 (1000écus) 
i 
EUR S de Anguilla IMPORTATIONS PAR PRODUIT ET PERIODE E u r o s t a t - C 2 3/06 ••'" ' ; 9 a 3 
An nee B*c:ir=? 1992 
NOM. COM . 
35 
u9 
OS 
06 
48 
S4 
62 
£5 
Source: Eurosbab - C •1988 
14 
0 
0 
0 
0 
4 
29 
28 
0 
OMEXT 1989 
15 
0 
1 
0 
0 
0 
1 
0 
0 1990 
2 
16 
0 
0 
2 
0 
67 
1 
0 Unites = VALEUR (000 ECU) 
1991 
41 
149 
6 
16 
0 
0 
48 
3 
0 1992 
1229 
85 
25 
14 
6 
6 
5 
1 
1. 
IMPORTATIONS PAR PRODUIT ET PERIODE Eurostat 
EUR S d© Angui11 s 
Regime statistique 4 
Année Base 1992 
NOM ., COM., 1983 1989 •1990 Unites = QUANTITE (000 KG 
1991 1992 
85 0 
09 0 
22 0 
08 0 
06 0 
48 1 
84 0 
62 0 
55 0 
Source : Eurosbab - COMEXT 1 
0 
0 
0 
0 
0 
0 
0 
0 0 
3 
0 
0 
0 
0 
1 
0 
0 168 
2 
33 
0 
0 
147 
0 
0 0 
43 
40 
1 4 
G 
0 
# 
V 
Reqime statistique 4 
Année Base 1992 
N0M.COM. . 1983 
8 V 
25 
84 
76 
38 
15 
90 
Sourep 10468 
0 
1950 
0 
0 
0 
501 
0 
0 
5 
10 
Eurosbab - COMEXT .IMPORTATIONS PAR PRODUIT ET PERIODE Eurosbat-C 
EUR S de Iles Cayman 
Unites = VALEUR (000 ECU) 23/06/199: 
1989 
6994 
O 
4226 
6 
4 
0 
26 
0 
0 
11 
35 1990 
82 
0 
8496 
0 
0 
0 
3 
0 
7 
O 
43 1991 
0 
7592 
0 
0 
0 
50 
0 
5 
O 
59 1992 
40308 
7222 
4445 
907 
113 
61 
60 
43 
42 
36 
36 
JF 
i 
o 
Regime sbabisbique 4 
Année Base 1992 
N0M.COM. 1988 
89 9379 
38 0 
03 1675 
97 0 
32 0 
25 0 
84 34 
76 0 
38 0 
15 0 
90 0 
Source: Eurosbab - COMEXT IMPORTATIONS PAR PRODUIT ET PERIODE Eurosbab-C 
EUR S de lies Cayman 
Unibes = QUANTITE (000 KG) 23/06/1993 
1989 
277 
0 
3615 
0 
1 
0 
12 
0 
0 
9 
0 1990 
4123 
0 
6740 
0 
0 
0 
1 
0 
0 
0 
0 1991 
15 
5 
4536 
0 
0 
0 
1 
0 
0 
0 
0 1992 
23129 
1246 
3 
f* 
51 
10 
1 
100 
0 
CA 
i 
Régi me s b a t i s t iqu e 
Année Base 1992 
NOM.COM. 
85 
33 
89 
97 
73 
34 
90 
Source: Eurostat 1988 
74 
0 
354 
10 
30 
217 
0 
353 
0 
COMEXT IMPORTATIONS PAR PRODUIT ET PERIODE 
EUR S de 
1989 
62 
0 
533 
24 
7 
251 
0 
325 
0 
54 1990 
282 
0 
0 
43 
0 
265 
0 
537 
0 
390 Unites Eurostat C 
e I.Vierge Br„ 
VALEUR (000 ECU) 
1991 
xL OU 
0 
457 
260 
0 
158 
0 
137 
0 
6 1992 
1853 
664 
1 31 
171 
47 
39 
14 
13 
9 
9 
i 
00 
IMPORTATIONS PAR PRODUIT ET PERIODE E u r o s t a t — C 
EUR de I.Vieroe Br 
Regime sbabisbique 4 
Année Base 1992 
N0M.COM. 1988 1989 1990 Unibes = QUANTITE (000 KG: 
1991 1992 
85 
33 
89 
97 
73 
84 
14 
31 
90 
Source Eurostat 1 
0 
43 
0 
10 
17 
0 
51 
0 
1 
COMEXT 1 
0 
44 
0 
0 
67 
0 
52 
0 
0 4 
0 
0 
0 
0 
3 
0 
90 
0 
0 1 
0 
0 
0 
9 
0 
26 
0 
0 0 
•s 
1 
0 
I 
—A 
Regime statistique 4 
Année Base 1992 
NOM.COM. 1983 MPORTATIONS PAR PRODUIT ET PERIODE Eurostat--
EUR S de Turks,Caicos 
Unites = VALEUR (000 ECLP 
1989 1990 1991 1992 
•3*t 
42 
03 
40 
71 
82 
61 
87 
85 
Source: Eurostat 0 
5 
0 
0 
0 
0 
0 
9 
0 
23 
COMEXT O 
4 
0 
O 
0 
1 
5 
0 
0 
16 0 
66 
0 
0 
0 
0 
5 
O 
0 
131 129 
96 
4 
11 
104 
0 
S 
48 
57 
56 3561 
1447 
115 
92 
52 
34 
29 
28 
26 
25 
i ru o 
Regime statistique 
Année Base 1992 
N0M.COM. 
62 
84 
.*•• ^ 
03 
40 
71 
61 
Source: Eurostat 1988 
0 
0 
0 
0 
0 
0 
0 
1 
0 
0 
COMEXT IMPORTATIONS PAR PRODUIT ET PERIODE 
EUR 
1989 
0 
0 
0 
0 
0 
0 
0 
0 
0 
0 1990 
0 
7 
0 
0 
0 
0 
0 
0 
0 
46 Eurostat-C 
S de Turks,Caicos 
Unites = QUANTITE (000 KG) 3/fi6/i 993 
1991 
6 
0 
0 
18 
0 
0 
17 
16 1992 
142 
434 
4 
c, 
i 
0 
5 
18 
i 
ro 
IMPORTATIONS PAR PRODUIT ET PERIODE E i A r o s t a t C 2 3 / 0 6 / ! 9 '-"• 3 
EUR S de- Mayotte 
' (•••' g .:. .-v. ,;••• H:> •:., a •:, i s t i qu e 
Annee Base 1992 
:-JOr-1. COM .. 
"";9 
9G 
8 7 
85 
84 
07 
19 
61 
91 
Bou. rCe s Eu.rostat 4 
1988 
1267 
320 
0 
44. 
20 
282 
65 
9 
0 
0 
- COMEXT 1989 
1454 
347 
0 
54 
2 
36 
13 
0 
0 
1 
0 1990 
1871 
253 
0 
22 
25 
51 
17 
0 
0 
0 
0 Unites = VALEUR (000 ECU) 
1991 
1614 
45 5 
5 
35 
76 
71 
86 
0 
0 
27 
1 1992 
1473 
818 
77 
67 
63 
62 
19 
16 
13 
11 
10 
Regime statistique? 4 
Année Base 1992 . 
N0M.COM,. 1988 
09 
90 
85 
.1 7 
61 
91 
Source Eurostat •7<c 
23 
0 
0 
5 
10 
3 
0 
0 
0 
COMEXT MP0RTATI0MS PAR PRODUIT ET PERIODE Euros 
EUR S de Mayotte 
Unites = QUANTITE (000 KG) tab 3/HA/-1 
1989 
28 
23 
0 1990 
29 
4 
0 
0 
0 
1 
0 
0 
0 
0 1991 
24 
29 
63 
0 
11 
0 
4 
0 
0 
0 1992 
29 
68 
1753 
0 
6 
0 
12 
20 
1 
0 
V\ 
i 
ru 
OJ 
IMPORTATIONS PAR PRODUIT ET PERIODE Eurostat ••" C 2,•>/'.'6 / '' •"''•-'-'i 
EUR S de N. Caletionie 
••r•-•.•••;.i <vie ••"•tat.ist.ique 
Annee Base 1992 
•i0r-l.COM. 
72 
»75 
•-. > •.._• 
03 
85 
05 
84 
90 
87 
71 
33 
S o u r c e * E u r o s t a t 4 
1988 
182519 
59271 
199 
95 
768 
826 
347 
733 
237 
127 
154 
- COMEXT 1989 
234997 
87733 
221 
134 
433 
1146 
509 
382 
262 
109 
344 1990 
112110 
52871 
14984 
494 
718 
1223 
511 
943 
265 
154 
292 Unites = VALEUR C000 ECU'" 
1991 
123122 
49451 
451 
1797 
1200 
609 
712 
660 
264 
238 
349 1992 
109862 
40033 
5261 
1786 
1089 
941 
548 
472 
374 
176 
171 
Regime statistique 4 
Année Base 1992 
NOM.COM. 1988 IMPORTATIONS PAR PRODUIT ET PERIODE 
EUR 
1989 1990 Unites Eurostat~C 
de N. Ca1edonie 
QUANTITE (000 KG) 
1991 1992 
88 
03 
85 
05 
84 
90 
87 
71 
33 
Source 79745 
13313 
0 
14 
220 
10 
0 
33 
0 
4 
Eurostat - COMEXT 73961 
13934 
0 
18 
4 
155 
10 
0 
47 
0 
3 57467 
12959 
43 
59 
123 
167 
10 
3 
36 
3 62985 
11287 
193 
43 
77 
46 
1 
36 
0 
4 61090 
10250 
10 
192 
23 
134 
16 
0 
50 
0 
1 
i ru en 
'.MPORTATIONS PAR PRODUIT ET PERIODE E u r o s t a t.. C : - j Q Q '2 
EUR b ae Polynésie I- r 
Kegime statistique 
A n n e e B a s e 19 9 2 
NOM.COM. 1988 1989 1990 Unite* VALEUR (000 ECU) 
1991 1992 
38 
i i 
33 
85 
90 
87 
84 
09 
97 
86 
source Eurostat 2850 
411 
1319 
363 
325 
357 
230 
958 
108 
87 
103 
COMEXT 3521 
7518 
978 
516 
917 
489 
339 
500 
135 
96 
43 1894 
242 
915 
822 
1357 
678 
508 
681 
324 
4340 
150 2534 
324 
1123 
466 
613 
583 
466 
401 
156 
132 
122 2628 
2571 
666 
663 
662 
496 
382 
266 
166 
146 
117 
2 
i ru o 
Regime statistique 4 
Année Base 1992 
N0M.COM. 1988 
88 
71 
33 
85 
90 
87 
84 
o u r c e E u r o s t a t 6172 
0 
0 
94 
0 
35 
12 
1 
I 
240 
:0MEX1 IMPORTATIONS PAR PRODUIT ET PERIODE Eurostab-C 
EUR S de Polynésie Fr 
Unites = QUANTITE (000 KG) 23/06/1993 
1989 
6941 
12 
0 
137 
35 
0 
33 
11 
0 
227 1990 
5557 
0 
194 
63 
1 
64 
17 
3 
0 1991 
7403 
1 
0 
124 
13 
0 
61 
9 
0 
281 1992 
5168 
3 
0 
162 
9 
n 
o 
i 
ru 
Regime statistique 
Année Base 1992 
N0M.COM. 1933 IMPORTATIONS PAR PRODUIT ET PERIODE Eurost 
! 
EUR S de Antilles ML 
Unibes = VALEUR (000 ECU'' 
1939 1990 1991 1992 
10 
89 
35 
71 
84 
03 
35 
20 
22 
90 
source 33650 
0 
19144 
1040 
529 
1640 
474 
222 
7 
748 
355 
30 
Eurostat - COMEXT 75837 
1067 
1851 
1943 
2804 
3649 
1271 
236 
0 
70S 
954 
61 39478 
0 
3540 
3147 
419 
1773 
634 
570 
1 
1473 
2033 
203 111399 
0 
25801 
2957 
955 
5744 
1061 
653 
0 
487 
615 
340 37390 
18356 
5120 
2398 
1244 
1135 
1010 
859 
660 
603 
479 
279 
ft 
i ru oo 
IMPORTATIONS PAR PRODUIT ET PERIODE Eurostai 
EUR S de Antilles Ni.. 
Regime statistique 4 Unites = QUANTITE (000 K5> 
Année Base 1992 
N0M.COM. 1988 1989 1990 1991 1992 
27 467669 37563.3 400003 906316 1060830 
lu O 2805 O 0 33131 
39 1257 180 2576 31314 29^, 
35 0 0 4 0 0 
71 0 0 0 11 O 
84 49 87 113 193 144 
03 258 546 294 322 273 
35 3 3 2 25 43 
20 11 0 1 0 640 
22 742 751 621 161 133 
90 0 13 7 2 O 
33 3 2 6 15 9 
Source: Eurostat - COMEXT 
ru 
IMPORTATIONS PAR PRODUIT ET PERIODE E u. r o s t, B. t C 2 3 / u 6 /1 9° 
EUR ' S de Aruba 
l-.<-<j). -i'-- it^tistique 
Annee? B^se 1992 
NOiv'. COM.. 
34 
....'. .^.'. 
40 
85 
62 
90 
03 
72 
04 
88 
89 
So'...i. rc<•? :, E'...« rostat •••-4 
1988 
88 
0 
61 
0 
114 
2 
147 
0 
4 
0 
0 
0 
COMEXT 1989 
223 
0 
232 
0 
254 
13 
59 
148 
6 
23 
0 
0 1990 
0 
0 
295 
0 
154 
24 
10 
13 
0 
0 
19 
0 Unites = VALEUR (000 ECU) 
199-1 
14381 
164 
585 
0 
95 
1 
50 
104 
0 
0 
136 
0 1992 
12332 
403 
1 86 
173 
1 46 
118 
104 
87 
78 
66 
58 
22 
IMPORTATIONS PAR PRODUIT ET PERIODE E u r o s t a t C 2 3 ••-'' 06 • ' •:;> 
EUR S C!P A rub*. 
Regime s t a t i. s t i q u. e 
Annee Base 1992 
NOM.COM. 
.•:. i 
34 
.rJ. .t~ 
40 
85 
62 
90 
03 
•-».-, 
04 
88 
89 
Soi.i.rce : Eurostat 4 
1988 
1 
0 
13 
0 
10 
0 
0 
0 
5 
0 
0 
0 
- COMEXT 1989 
2363 
0 
40 
0 
23 
0 
1 
98 
14 
57 
0 
0 1990 
0 
0 
46 
0 
7 
0 
8 
0 
0 
0 
0 Unites = QUANTITE (000 KG) 
1991 
126978 
94 
47 
0 
0 
0 
0 
0 1992 
123654 
241 
•> /.. 
•2 4 
4 
0 
D 
•18 
496 
45 
0 
4 
- éc-
Proposal for a council Decision /.../ 
amending Council Decision 91/482/EEC of 25 July 1991 
on the association of overseas countries and territories 
with the European Economic Community 
The council of the European Communities, 
Raving regard to the Treaty establishing the European Economic 
Community, and in particular Article 136 thereof, 
Having regard to the proposal from the commission,1 
Having regard to the opinion of the European Parliament,2 
Whereas Part Three, Title I of council Decision 91/482/EEC of 
25 July 1991 on the association of overseas countries and territories 
with the European Economic Community3 lays down the general 
arrangements for trade between the said countries and territories 
("OCT") and the EEC: whereas Article 240(1) of the Decision provides 
that the arrangements shall apply until 29 February 2000) 
Whereas Article 240(2) of the Decision, however, provides that by 
31 December 1993 the council, on the basis of a report from the 
commission, is to examine the implementation of the trade meohanisms 
and review them should the examination show that they have failed to 
fulfil their objective of economic and social development of the OCT, 
in particular in the light of investment development, or that they have 
led to deflection of tradej .*.,,^ ... 
whereas the examination carried out pursuant to that Article has 
revealed certain difficulties which should be addressed; 
Whereas, in particular, Article 101(1) of the Decision, which provides 
that products originating in the OCT shall be imported into the 
Community free of import duties or levies, allows products covered by 
the common organization of markets to be sold within the Community at 
prices lower than the regulated community prices; whereas such a 
situation could undermine the objectives of Article 39 of the Treaty; 
whereas appropriate measures should therefore be taken, once the 
partnership arrangements referred to in Article 235 of the Decision 
have run their course, to obviate the risk; 
1 OJ No c «.. 
2 OJ NO c ... 
3 OJ NO L 263, 19.9.1991, p, 
-él-
Whereas the measures envisaged should not, however, be such as to 
prevent compliance with the objectives of Decision 91/482/EEC, namely 
promotion of economic and social development in the OCT, and in 
particular the expansion of investment; whereas the said measures 
should therefore be kept to the necessary minimum and should provide a 
stable and predictable framework for OCT-EEC trade; whereas these 
requirements can best be met by a system of reference prices; 
whereas the wording of Article 101(1) of Decision 91/482/93 should be 
brought into line with the definitions adopted in the customs code, 
which is applicable from 1 January 19944, 
HAS DECIDED AS FOLLOWS: 
Article 1 
Decision 91/482/EEC is hereby amended as followsi 
1. Article 101(1) is replaced by the following: 
"Products originating in the OCT shall be imported into the 
Community free of import duties." 
2. The following Article 101 (3a) is insertedi 
"Where it is found that trade between the OCT and the Community in 
products covered by institutional price arrangements under the 
common Agricultural Policy is threatening to disrupt the market, 
the Commission, after consulting the authorities involved, as 
called for by the partnership arrangements referred to in 
Article 235 of the Decision on Association, may fix a reference 
price for such products* 
in setting the reference price, account shall be taken of the 
economic and social development objectives of the OCT; the price 
shall not exceed the level strictly necessary to comply with the 
objectives of Article 39 of the Treaty, and shall allow products 
originating in the OCT more favourable conditions than those 
applying to imports of the same product originating in a third 
country enjoying preferential treatment in trade with the 
community. 
The reference price arrangements and measures to ensure compliance 
with them shall be introduced in accordance with the procedure laid 
down in Article 38 of Regulation (EEC) No 136/66,5 or the 
corresponding Articles of other Regulations establishing the common 
organization of agricultural markets, as appropriate»" 
Regulation (EEC) No 2913/92 of 12 October 1992 (OJ No L 302, 
19.10.1992, p. 1.) 
Regulation on the establishment of a common organization of the 
market in oils and fats (OJ L 172, 30.9.1966, p.l.). 
-in-
Article 2 
This Decision shall be published in the official Journal of the 
European Communities, it shall enter into force on the day following 
such publication. 
Done at Brussels, For the council 
The President 
ISSN 0254-1475 
COM(93) 555 final 
DOCUMENTS 
EN 03 il 
Catalogue number : CB-CO-93-593-EN-C 
ISBN 92-77-60774-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg