Decision No 1/99 of the ACP-EC Customs Cooperation Committee of 25 March 1999 derogating from the definition of originating products to take account of the special situation of Mauritius regarding the production of certain fabrics and garments [notified under document number C(1998) 4557]
Date: 1999-03-25
Institutions: Customs Cooperation Committee
Subjects: Mauritius, originating product, textile product

5. 5. 1999

EN

Official Journal of the European Communities

L 117/49

DECISION No

1/99 OF THE ACP-EC CUSTOMS COOPERATION

COMMITTEE

of 25 March 1999

derogating from the definition of ‘originating products' to take account of the
special situation of Mauritius regarding the production of certain fabrics and
garments

(notified under document number C(1998) 4557)

(1999/300/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Having regard to the Fourth ACP-EEC Convention
signed at Lom(cid:130) on 15 December 1989 as revised by the
Agreement 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 12 October 1998 the African, Caribbean and
Pacific States (ACP States) submitted a request, on behalf
of the Government of Mauritius, for a derogation from the
rule of origin in the Protocol, in respect of certain textiles
produced by this country from 1 September 1998 to 29
February 2000;

Whereas the derogation is requested under the relevant
provisions of Protocol 1, particularly with regard to
Article 31(5) concerning island ACP States and the
economic and social impact in Mauritius of granting the
derogation;

Whereas there is a global overcapacity for the products
concerned and the Community textiles 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 manufacturing
fabrics;

Whereas in the framework of the Community’s textile
policy,
the products concerned by this decision are
considered to be particularly sensitive and are subject to
quantitative restrictions or a double-checking system on
importation into the Community;

Whereas the derogation, limited in quantities, would not
injury to an established Community
cause serious
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 Mauritius in respect of garments for the
requested quantities and in respect of fabrics for a limited
quantity for the period from 1 January 1999 to 29
February 2000,

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, certain textiles listed in the Annex to this
Decision, manufactured in Mauritius from non-origin-
ating grey woven fabric and yarn imported into that
country shall be regarded as originating in Mauritius in
accordance with the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
products and the quantities shown in the Annex to this
Decision which are imported into the Community from
Mauritius during the period 1 January 1999 to 29
February 2000.

Article 3

The quantities referred to in the Annex 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.

L 117/50

EN

Official Journal of the European Communities

5. 5. 1999

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.

Article 5

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

‘Derogation (cid:190) Decision No 1/99'.

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

Article 6

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 Mauritius shall take the neces-
sary 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 Mauritius
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 certificates.

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 January 1999.

Done at Brussels,

25 March 1999.

For the ACP-EC Customs Cooperation
Committee

Michel VANDEN ABEELE

Philip MAINGI MWANZIA

The Joint Chairmen

5. 5. 1999

EN

Official Journal of the European Communities

L 117/51

ANNEX

MAURITIUS

Order No

HS heading

Description of goods

Period

Quantities

09.1673

5210 39

Woven fabrics of cotton,
dyed, : 200 g/m2

1.1.1999 to 31.12.1999

1 tonne

1.1.2000 to 29.2.2000

1 tonne

09.1674

5211 39

Woven fabrics of cotton,
dyed, ; 200 g/m2

1.1.1999 to 31.12.1999

5 tonnes

1.1.2000 to 29.2.2000

1 tonne

09.1675

5212 13

Other woven fabrics of
cotton, dyed, : 200 g/m2

1.1.1999 to 31.12.1999

2 tonnes

1.1.2000 to 29.2.2000

1 tonne

09.1676

5212 23

Other woven fabrics of
cotton, dyed, ; 200 g/m2

1.1.1999 to 31.12.1999

1 tonne

09.1677

5513 29

09.1678

5514 29

Woven
synthetic
dyed, : 170 g/m2

fabrics
staple

of
fibres,

Woven
synthetic
dyed, ; 170 g/m2

fabrics
stable

of
fibres,

1.1.2000 to 29.2.2000

1 tonne

1.1.1999 to 31.12.1999

1 tonne

1.1.2000 to 29.2.2000

1 tonne

1.1.1999 to 31.12.1999

1 tonne

1.1.2000 to 29.2.2000

1 tonne

09.1679

6203 42

Trousers of cotton

1.1.1999 to 31.12.1999

45 000 pieces

1.1.2000 to 29.2.2000

7 500 pieces

09.1680

6205 20

Men’s or boy’s shirts of
cotton

1.1.1999 to 31.12.1999

1 528 000 pieces

1.1.2000 to 29.2.2000

254 700 pieces