Decision No 2/98 of the ACP-EC Customs Cooperation Committee of 17 December 1998 derogating from the definition of 'originating products' to take account of the special situation of Cape Verde regarding the production of men's shirts (HS heading 6205) (notified under document number C(1998) 3546)
Date: 1998-12-17
Institutions: Customs Cooperation Committee
Subjects: ACP countries, Cabo Verde, clothing industry, cooperation agreement (EU), customs cooperation, originating product

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Official Journal of the European Communities

20. 1. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

DECISION No

2/98 OF THE ACP-EC CUSTOMS COOPERATION

COMMITTEE

of 17 December 1998

derogating from the definition of ‘originating products' to take account of the
special situation of Cape Verde regarding the production of men’s shirts (HS
heading 6205)

(notified under document number C(1998) 3546)

(1999/45/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

that certain conditions relating to quantities, surveillance
and duration are respected,

Having regard to the fourth ACP-EEC Convention signed
at Lomé 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 on 2 September 1998 the African, Caribbean
and Pacific States (ACP States) submitted a request, on
behalf of the Government of Cape Verde, for a derogation
from the rule of origin in the Protocol, in respect of
men’s shirts produced by this country from 1 September
1998 to 29 February 2000, for 350 000 pieces for 1998,
400 000 pieces for 1999 and for 73 333 pieces for the
period from 1 January 2000 to 29 February 2000;

Whereas the derogation is requested under the relevant
provisions of Protocol 1, particularly with regard to
Article 31(5) concerning least-developed and island ACP
States, the level of the added-value in the proposed manu-
facturing process in Cape Verde and the economic and
social impact in Cape Verde of granting the derogation;

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, men’s shirts of HS heading 6205, manufac-
tured in Cape Verde from non-originating fabrics, 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 Cape Verde from 1 September 1998 to 29
February 2000.

Article 3

Whereas the derogation would not cause serious injury to
an established Community industry taking into account
the quantities of the importations envisaged; provided

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.

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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 authori-
its wish to draw the
ties, notify the Commission of
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
Commission shall
inform the Member States of with-
drawal on the quotas.

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

Article 4

The customs authorities of Cape Verde 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 Cape
forward to the Commission every three
Verde shall

months a statement of the quantities in respect of which
movement certificates EUR.1 have been issued pursuant
to this Decision, and the serial numbers of those certi-
ficates.

Article 5

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

‘Derogation — Decision No 2/98'.

Article 6

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

Article 7

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

This Decision shall apply as from 1 September 1998.

Done at Brussels, 17 December 1998.

For the ACP-EC Customs Cooperation
Committee
Michel VANDEN ABEELE
Philip MAINGI MWANZIA

The Joint Chairmen

ANNEX

Cape Verde

Order No

HS heading

Description of goods

Period

09.1672

6205

Men’s shirts

1. 9. 1998 to 31. 12. 1998

1. 1. 1999 to 31. 12. 1999

1. 1. 2000 to 29. 2. 2000

Quantities in
pieces

350 000

400 000

73 333