Decision No 1/2000 of the ACP-EC Customs Cooperation Committee of 18 October 2000 derogating from the definition of 'originating products' to take account of the special situation of Fiji, Mauritius, Papua New Guinea and the Seychelles regarding the production of canned tuna and of tuna loins (HS heading ex 16.04) (notified under document number C(2000) 2663)
Date: 2000-10-18
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, derogation from EU law, fishery product, originating product, preserved product, trade agreement (EU)

28.10.2000

EN

Official Journal of the European Communities

L 276/89

DECISION No 1/2000 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 18 October 2000

derogating from the definition of ‘originating products’ to take account of the special situation of
Fĳi, Mauritius, Papua New Guinea and the Seychelles regarding the production of canned tuna and
of tuna loins (HS heading ex 16.04)

(notified under document number C(2000) 2663)

(2000/661/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Seychelles in respect of canned tuna for the quantities
requested and for a period of two years,

Having regard to the ACP-EC Partnership Agreement signed at
Cotonou on 23 June 2000, and in particular Article 38 of
Protocol 1 thereto,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Article 1 of Decision No 1/2000 of the ACP-EC Council
of Ministers of 27 July 2000 on transitional measures
valid from 2 August 2000 (1) provides that the trade
provisions of
the ACP-EC Partnership Agreement,
including Protocol 1 concerning the definition of the
concept of
‘originating products’ and methods of
administrative cooperation, apply from 2 August 2000.

Article 38(1) of the said Protocol provides for deroga-
tions from the rules of origin to be granted whenever
the development of an existing industry or the establish-
ment of a new one warrants it.

the said Protocol provides that

Article 38(8) of
the
derogations are granted automatically within an annual
quota of 8 000 tonnes for canned tuna and within an
annual quota of 2 000 tonnes for tuna loins.

On 24 May 2000 the African, Caribbean and Pacific
States (ACP States) submitted a request, on behalf of the
Governments of Fĳi, Mauritius, Papua New Guinea and
of the Seychelles, for a derogation from the rule of
origin in the Protocol, in respect of an annual quantity
of 4 568 tonnes of canned tuna and of an annual
quantity of 1 200 tonnes of tuna loins produced by
these countries from 1 May 2000 to 30 April 2002, to
be allocated as follows: 1 142 tonnes of canned tuna to
tuna loins to Fiji,
each country and 400 tonnes of
Mauritius and Papua New Guinea.

The derogation is requested under the relevant provi-
sions of Protocol 1, particularly with regard to Article
38(8) and the requested quantities fall within the limits
of the annual quota which are granted automatically
upon request of the ACP States.

Therefore, pursuant to Article 38(8), a derogation can be
granted to Fĳi, Mauritius and Papua New Guinea in
respect of canned tuna and tuna loins and to the

(1) OJ L 195, 1.8.2000, p. 46.

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 ACP-EC Partnership Agreement,
canned tuna and tuna loins of HS Heading ex 16.04 produced
in Fĳi, Mauritius, Papua New Guinea and in the Seychelles from
non-originating tuna shall be regarded as originating in these
countries 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 Fĳi,
Mauritius, Papua New Guinea and the Seychelles during the
period of 1 October 2000 to 30 September 2002.

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 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.

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Official Journal of the European Communities

28.10.2000

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.

Article 4

The customs authorities of Fiji, Mauritius, Papua New Guinea
and 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 those countries 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 5

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

‘Derogation — Decision No 1/2000’.

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 day of its adoption.

This Decision shall apply from 1 October 2000.

Done at Brussels, 18 October 2000.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NKURAIYIA

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Official Journal of the European Communities

L 276/91

ANNEX

Fiji

Order No

HS heading

Description of goods

Period

09.1653

ex 16.04

Canned tuna

1.10.2000-30.9.2001

09.1654

ex 16.04

Tuna loins

1.10.2000-30.9.2001

1.10.2001-30.9.2002

1.10.2001-30.9.2002

Mauritius

Order No

HS heading

Description of goods

Period

09.1653

ex 16.04

Canned tuna

1.10.2000-30.9.2001

09.1654

ex 16.04

Tuna loins

1.10.2000-30.9.2001

1.10.2001-30.9.2002

1.10.2001-30.9.2002

Papua New Guinea

Order No

HS heading

Description of goods

Period

09.1657

ex 16.04

Canned tuna

1.10.2000-30.9.2001

09.1658

ex 16.04

Tuna loins

1.10.2000-30.9.2001

1.10.2001-30.9.2002

1.10.2001-30.9.2002

The Seychelles

Order No

HS heading

Description of goods

Period

09.1662

ex 16.04

Canned tuna

1.10.2000-30.9.2001

1.10.2001-30.9.2002

Quantities
(in tonnes)

1 142

1 142

400

400

Quantities
(in tonnes)

1 142

1 142

400

400

Quantities
(in tonnes)

1 142

1 142

400

400

Quantities
(in tonnes)

1 142

1 142