Decision No 2/1999 of the ACP-EC Customs Cooperation Committee of 27 May 1999 derogating from the definition of 'originating products' to take account of the special situation of Fiji regarding the production of certain articles of apparel and headgear
Date: 1999-05-27
Institutions: Customs Cooperation Committee
Subjects: ACP countries, EU Member State, Fiji, clothing, customs cooperation, originating product

9. 7. 1999

EN

Official Journal of the European Communities

L 174/21

II

(Acts whose publication is not obligatory)

COMMISSION

DECISION No 2/1999 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 27 May 1999

derogating from the definition of ‘originating products’ to take account of the special situation of
Fiji regarding the production of certain articles of apparel and headgear

(1999/443/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Having regard to the Fourth ACP-EEC Convention signed at
Lomé 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,

(1) 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;

(2) Whereas on 8 February 1999 the African, Caribbean and
Pacific States (ACP States) submitted a request, on behalf
of the Government of Fiji, for a derogation from the rule
of origin in the Protocol, in respect of certain articles of
apparel and headgear produced by this country from l
January 1999 to 29 February 2000;

(3) 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
in Fiji of granting the
derogation;

impact

(4) Whereas there is a global over-capacity for the products
concerned and the Community textiles
industry is
already subject to intense competitive pressure; whereas,
in particular,
to the
pricing;

labour-costs are fundamental

(5) Whereas in the framework of the Community's textile
policy, most 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;

(6) Whereas the derogation, limited in quantities, would not
injury to an established Community
the

cause serious
industry taking into account

the quantities of

imports envisaged; provided that certain conditions
relating to quantities, surveillance and duration are
respected;

(7) Whereas therefore, pursuant to Article 31(1), a deroga-
tion can be granted to Fiji in respect of certain articles of
apparel and headgear for a limited quantity for the
period from l March 1999 to 29 February 2000,

HAS DECIDED AS FOLLOWS:

Article 1

1.
By way of derogation from the special provisions in the
list in Annex II to Protocol 1 of the Fourth ACP-EEC Conven-
tion, certain articles of apparel and headgear listed in the
Annex to this Decision, manufactured in Fiji from non-origin-
ating materials imported into that country and originating in a
country belonging to the Association of South-East Asian
Nations (ASEAN), the South Asian Association for Regional
Cooperation (SAARC) or the South Pacific Forum (SPF) shall be
regarded as originating in Fiji in accordance with the terms of
this Decision.

For

the purpose of paragraph 1, products shall be
2.
regarded as originating in ASEAN (composed of Brunei, Indo-
nesia, Laos, Malaysia, the Philippines, Singapore, Thailand and
Vietnam), SAARC (composed of Bangladesh, Bhutan, India, the
Maldives, Nepal, Pakistan and Sri Lanka) or in SPF (composed
of Papua New Guinea, Fiji, Solomon Islands, Vanuatu, Kiribati,
Tonga, Samoa, Tuvalu, Marshall Islands, Palau, Federated States
of Micronesia, Nauru, Niue, Cook Islands, Australia and New
Zealand) when they are obtained in these countries regarding
to the rules of origin provided for in Articles 35 to 65 of
Regulation (EEC) No 2454/93 (1) as amended by Regulation
(EC) 12/97 (2) and (EC) 46/1999 (3).

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 9, 13.1.1997, p. 1.
(3) OJ L 10, 15.1.1999, p. 1.

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Official Journal of the European Communities

9. 7. 1999

The competent authorities of Fiji shall undertake to take
3.
all of the necessary measures to ensure compliance with the
provisions of paragraph 2.

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 Fiji
during the period l March 1999 to 29 February 2000.

Article 4

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 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.

Article 3

Article 5

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 declaration of
entry for free circulation including an application for the
benefit of this Decision, the Member State shall, if the declara-
tion has been accepted by the customs authorities, 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, quant-
ities shall be allocated on a pro rata basis. The Commission
shall inform the Member States of withdrawal 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.

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

‘Derogation — Decision No 2/1999.’

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 implement this Decision.

Article 7

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

This Decision shall apply as from 1 March 1999.

Done at Brussels, 27 May 1999.

For the ACP-EC Customs Co-operation
Committee

M. VANDEN ABEELE

P. MAINGI MWANZIA

The Joint Chairmen

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Official Journal of the European Communities

L 174/23

ANNEX

FIJI

Order No

Item

Description of goods

HS Heading

09.1681

(a)

Men's or Boys' overcoats

09.1682

(b)

Men's or boys' suits

09.1683

(c)

Men's or boys' and women's or girls'

jackets

09.1684

(d)

Men's or boys' and women's or girls' woven trousers and
shorts

09.1685

(e)

Waterproof baby pants

09.1686

(f)

Men's or boys' and women's or girls' suits, shorts and
stockings of synthetic fibres

09.1687

(g)

Men's or boys' shirts, knitted or crocheted

6201.11
6201.12
6201.13
6201.19
6201.91
6201.93
6201.99

6203.11
6203.12
6203.19

6203.31
6203.32
6203.33
6203.39
6204.31
6204.32
6204.33
6204.39

6203.41
6203.42
6203.43
6203.49
6204.61
6204.62
6204.63
6204.69

6209.20
6209.30
6209.90

6103.12
6103.43
6104.13
6104.63

6105.10
6105.90

Quantities
(pieces)

8 925

1 100

18 825

273 000

1 100

1 100

13 675

09.1688

(h)

T-shirts of other textile materials than cotton

6109.90

15 000

09.1689

(i)

Men's or boys and women's or girls' swimwear

10 000

6112.31
6112.39
6112.41
6112.49
6211.11
6211.12

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Official Journal of the European Communities

9. 7. 1999

Order No

Item

Description of goods

HS Heading

09.1690

(j)

Other garments, men's or boys' and women's or girls'

6211.31
6211.32
6211.33
6211.39
6211.41
6211.42
6211.43
6211.49

Quantities
(pieces)

1 100

09.1691

09.1692

(k)

(l)

Hats, knitted or crocheted, (sun protective caps)

6505.90

1 100

Other made-up clothing accessories; Parts of garments or
of clothing accessories (other than those of heading No
6212)

6217

1 100

09.1693

(m)

the type described in subheadings
Other garments of
6201.11 to 6201.19 and 6202.11 to 6202.19; other men's
or boys' garments

6210.20
6210.30
6210.40

12 250

09.1694

(n)

Women's or girls' dresses, of cotton or of other textile
materials

6104.42
6104.49

09.1695

(o)

Track suits, knitted or crocheted, of cotton or of other
textile materials

6112.11
6112.19

09.1696

(p)

Men's or boys' shirts and women's or girls' blouses, shirts
and shirt-blouses

6205
6206

09.1697

(q)

Men's or boys' and women's or girls' knitted Jodphurs and
trousers

6103.41
6103.42
6103.43
6103.49
6104.61
6104.62
6104.63
6104.69

1 100

1 100

6 000

5 850