ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 261 
 
 
 
Vol. 1983/0 111 
  
 
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 
COM(83)  261 final 
Brussels,  3 May 1983 
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 Malawi and  Kenya  with 
regard to certain items of fishing tackle (fishing flies) 
COM(83)  261 final 

EXPLANATORY  NOTE 
Since  1st June  1977 Malawi and Kenya have benefitted  from a series of 
derogations  from the origin rules  laid down in  Protocol  No. 1 to the 
second Lome Convention, for  artificial  fishing  flies classified  in 
heading  97.07 of the  Common Customs  Tariff.  The last derogation, granted 
to Malawi and Kenya, was for one year coinciding  with the first year of 
application  of the Lome II  Convention  and expired  on 31st  December  1981. 
Under the aforementioned derogations, these  ACP States were allowed 
to use fishing  hooks originating  in third countries  in the  production  of 
fishing  flies while  still retaining  preferential  treatment  on import 
into the Community. 
Since the date of expiry the ACP  States have on several  occasions requested 
a renewal  of this derogation,  the argument  being that Malawi and Kenya 
had made an  effort to obtain hooks originating  in the  Community  but that 
customers  in the EEC  often have a preference  for non-EEC  hooks. 
It has become  evident  that the producers  of fishing  flies in Malawi and 
Kenya use hooks from both  EEC (United  Kingdom  and France) as well as 
from non-EEC  sources (in  particular  Norway).  It is  claimed  that it is 
impossible  to use  hooks originating  in the  Community  in all cases as 
most fishing  flies are made to  order and the  manufacturers  in Malawi and 
Kenya are bound by tin;  specifications  concerning  the brand name,  quality, 
type and size of the  hooks to be used, indicated  by their customers  in 
the Community. 
In addition  it is stated that Community  producers  are not in a  position 
to supply Malawi  and Kenya with all the hooks required  to manufacture 
the many different  types of fishing  flies. 

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A further  point is that the fishing  fly industry  is very labour  intensive 
and that the. value added in Malawi and  Kenya accounts for 70% of the 
value of th"  fishing  flies while the fishing  hooks account on average 
for 20% "by  value. The manufacturing companies, one of which was set up 
with financial  support of the EEC and which provides  employment  for a 
large number  of physically  disabled  people, are in a very  weak financial 
position partly  caused by  increasing  competition from  countries  in the 
Far East. 
In view of the  foregoing  and in view of the  fact that Malawi and  Kenya 
have already  benefitted  from a derogation of one year  under the Lome II 
Convention,  the Commission  proposes  that a derogation from the  origin 
rules for fishing  flies  until the date of  expiry  of the Convention 
be adopted. 

Draft 
DECISION  OF THE  ACP-EEC  CUSIQMS_COOPERAIION_COMMIIIEE 
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  at Lome on 31  October 
1979 (l)  (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 manufactured  in Malawi and Kenya; 
Whereas  Malawi and Kenya have from 1 January  1981 to 31  December  1981 benefitted 
from a derogation from  the definition  set out in  Protocol  1 for  fishing  tackle 
thereby  allowing  the use of  non-originating  hooks in the  production  of fishing 
flies; 
Whereas  Malawi and Kenya have tried to make use of the  possibilities  orfered 
by the cumulation system  on origin to obtain  originating  hooks; whereas 
by using these  possibilities  only part of the  hooks needed  for the production 
of fishing  flies can be met; 
(1) 0J No. L 3.47  of 22.12.198  0 

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Whereas  Malawi is one of  the least developed  ACP States and also a land­
locked ACT State; vhereas, pursuant  to Article 30 of Protocol 1, the 
examination  of a request for  a derogation should  particularly  take into 
account such elements; 
Whereas any deflection  of trade should  he avoided;  whereas  this can be 
achieved by fixing a maximum  percentage  of non-originating  products 
incorporated  in the  finished  product, 
Whereas in these circumstances  a temporary derogation from  the definition 
of the concept of originating  products should  be accorded to Malawi and 
Kenya, 
HAS DECIDED  AS FOLLOWS : 
Article  1 
Notwithstanding Protocol  1 to the  Convention, items  of fishing 
tackle manufactured in Malawi  or Kenya,  falling  within heading No. ex 97-07 
of the Common Customs  Tariff ('fishing  flies')  shall be considered  as 
originating  in Malawi or Kenya 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 the Republic of Malawi and the Republic of 
Kenya 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 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. 

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Article k 
This Decision  shall enter into force on 
It shall apply from 1 May 1983 to 28  February  1985-
Done at Brussels, For the Customs  Cooperation  Committee 
The Chairmen