Decision No 1/98 of the ACP-EC Customs Cooperation Committee of 16 October 1998 derogating from the definition of 'originating products' to take account of the special situation of Fiji regarding the production of canned tuna (HS heading ex 16.04) (notified under document number C(1998) 2708)
Date: 1998-10-16
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, Fiji, customs cooperation, originating product, preserved product, sea fish

10. 11. 98

EN

Official Journal of the European Communities

L 299/27

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(Acts whose publication is not obligatory)

COMMISSION

DECISION No 1/98 OF THE ACP-EC CUSTOMS COOPERATION
COMMITTEE

of 16 October 1998

derogating from the definition of ‘originating products' to take account of the
special situation of Fiji regarding the production of canned tuna (HS heading ex
16.04)

(notified under document number C(1998) 2708)

(98/624/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

ating products used in Fiji is less than 45 % of the value
of the finished product;

Having regard to the fourth ACP-EEC Convention signed
at Lom(cid:130) on 15 December 1989 as revised by the Agree-
ment signed in Mauritius on 4 November 1995, and in
particular Article 31(1 to 10) of Protocol 1 thereto,

Whereas the said Protocol provides for derogations from
the rules of origin to be granted whenever the develop-
ment of an existing industry or the establishment of a
new one warrants it;

Whereas, for the African, Caribbean and Pacific States
(ACP States), a derogation has already been granted auto-
matically, within an annual quota of 4 000 tonnes, for
canned tuna; whereas the totality of this quota has been
allocated, with Fiji being awarded an annual amount of
2 600 tonnes until the year 2000;

Whereas on 23 June 1998 the ACP States submitted a
request, on behalf of the Government of Fiji, for a deroga-
tion from the rule of origin in the Protocol, in respect of
canned tuna produced by this country from 1 May 1998
to 29 February 2000, for 8 250 tonnes;

labour-costs are fundamental

Whereas the Community canning industry is already
subject to intense competitive pressure; whereas, in par-
to the pricing;
ticular,
whereas any additional opening of the market beyond the
one granted in this Decision to products from countries
with low labour-costs would distort competition and cause
serious damage to Community industries producing
canned tuna; whereas this is particularly true at present
where the Community market is stagnating, with some
Member States more badly affected than others;

Whereas the derogation is requested under the relevant
provisions of Protocol 1, particularly with regard to
Article 31(5) concerning island ACP States;

Whereas the derogation, limited in quantities, would not
cause serious injury to an established community industry
taking into account the quantities of the imports envis-
aged; provided that certain conditions relating to quant-
ities, surveillance and duration are respected;

Whereas the procedure, laid down in paragraphs 1 to 7 of
the aforesaid Article 31, shall apply; whereas, according to
the request submitted, the value added to the non-origin-

Whereas therefore, pursuant to Article 31(1), a derogation
can be granted to Fiji in respect of 950 tonnes for 1998, of
1 700 tonnes for 1999, and 200 tonnes for the period
from 1 January 2000 to 29 February 2000,

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Official Journal of the European Communities

10. 11. 98

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the
list in Annex II to Protocol 1 of the fourth ACP-EEC
Convention, canned tuna of HS heading ex 16.04 manu-
factured in Fiji
from non-originating fish shall be
regarded as originating in this country in accordance with
the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
quantities shown in the Annex to this Decision which are
exported by Fiji from 1 June 1998 to 29 February 2000.

Article 3

The quantities referred to in Article 2 shall be managed
by the Commission, which shall take all administrative
action it deems advisable for their efficient management.

Where an importer presents in a Member State a declara-
tion of entry for free circulation including an application
for the benefit of this Decision, the Member State shall, if
the declaration has been accepted by the customs author-
ities, notify the Commission of
its wish to draw the
amount corresponding to its requirements.

Applications to draw showing the date of acceptance of
declarations shall be transmitted to the Commission
without delay.

Withdrawals shall be granted by the Commission in order
of date of acceptance of declarations of entry for free
circulation by the Member States’ customs authorities
provided that the available balance permits.

If a Member State fails to use a withdrawal it shall return
it as soon as possible to the appropriate quota.

If requests exceed the available balance of a given quota,
quantities shall be allocated on a pro rata basis. The
inform the Member States of with-
Commission shall
drawal on the quotas.

importers have
Each Member State shall ensure that
continuous and equal access to the amounts available as
long as the balance permits.

Article 4

Box 7 of EUR.1 certificates issued under this Decision
shall contain the words:

‘Derogation — Decision No 1/98'.

Article 5

The customs authorities of Fiji shall take the necessary
steps to carry out quantitative checks on exports of the
products referred to in Article 1. To that end, all the
certificates they issue pursuant to this Decision shall bear
a reference to it. The competent authorities of Fiji shall
forward to the Commission every three months a state-
ment of the quantities in respect of which movement
to this
certificates EUR.1 have been issued pursuant
Decision, and the serial numbers of those certificates.

Article 6

The African, Caribbean and Pacific States (ACP States),
the Member States and the European Community shall
take the measures necessary on their part to implement
this Decision.

Article 7

This Decision shall enter into force on the date of its
adoption.

This Decision shall apply as from 1 June 1998.

Done at Brussels, 16 October 1998.

For the ACP-EC Customs Cooperation
Committee

M. VANDEN ABEELE
P. MAINGI MWANZIA

The Chairmen

10. 11. 98

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Official Journal of the European Communities

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ANNEX

FIJI

Order No HS heading

Description of goods

Period

09.1661

ex 16.04 Canned tuna

1.6.1998 to 31.12.1998

1.1.1999 to 31.12.1999

1.1.2000 to 29.2.2000

Quantities
(tonnes)

950

1 700

200