Decision No 3/98 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 the Republic of the Seychelles regarding their production of canned tuna (HS heading ex 1604) (notified under document number C(1998) 3548)
Date: 1998-12-17
Institutions: Customs Cooperation Committee
Subjects: Seychelles, cooperation agreement (EU), customs cooperation, originating product, preserved product, sea fish

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Official Journal of the European Communities

20. 1. 1999

DECISION No 3/98 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 the Republic of the Seychelles regarding their production of
canned tuna (HS heading ex 1604)

(notified under document number C(1998) 3548)

(1999/46/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

for 1998, of 1 500 tonnes for 1999, and 200 tonnes for the
period from 1 January 2000 to 29 February 2000,

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;

the Government of

Whereas on 2 September 1998 the African, Caribbean
and Pacific States (ACP States) submitted a request, on
behalf of
the
Seychelles, for a derogation from the rule of origin in the
in respect of canned tuna produced by this
Protocol,
country from 1 September 1998 to 29 February 2000, for
1 800 tonnes per year;

the Republic of

Whereas the Community canning industry is already
subject to intense competitive pressure; whereas, in partic-
ular, labour-costs are fundamental to the pricing; 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, the level of
the added-value in the proposed manufacturing process in
the Seychelles and the economic and social impact in the
Seychelles of granting the derogation;

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

Whereas therefore, pursuant to Article 31(1), a derogation
can be granted to the Seychelles in respect of 850 tonnes

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 1604 manu-
factured in the Republic of the Seychelles 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 the Republic of
the Seychelles from 1
September 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 authori-
ties, 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.

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Official Journal of the European Communities

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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.

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

Article 4

The customs authorities of the Seychelles 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 the
Seychelles 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, 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 3/98'.

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

Seychelles

Order No

HS heading

Description of goods

Period

Quantities

09.1662

ex 1604

Canned tuna

1. 9. 1998 to 31. 12. 1998

850 tonnes

1. 1. 1999 to 31. 12. 1999

1 500 tonnes

1. 1. 2000 to 29. 2. 2000

200 tonnes