2001/351/EC: Decision No 2/2001 of the ACP-EC Customs Cooperation Committee of 20 April 2001 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: 2001-04-20
Institutions: Customs Cooperation Committee
Subjects: Fiji, clothing, movement certificate, quantitative restriction, roadworthiness tests, trade agreement

4.5.2001

EN

Official Journal of the European Communities

L 123/31

DECISION No 2/2001 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 20 April 2001

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

(2001/351/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

(8)

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

Therefore, pursuant to Article 38(1), a derogation can be
granted to Fiji in respect of certain articles of apparel
and headgear for a limited quantity for the period from
1 April 2001 to 31 March 2006,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Article 1 of Decision 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 provi-
sions of the ACP-EC Partnership Agreement, including
Protocol 1 to Annex V concerning the definition of the
concept of
‘originating products’ and methods of
administrative cooperation, apply from 2 August 2000.

Article 38(1) of the abovementioned Protocol provides
for derogations from the rules of origin to be granted
whenever the development of an existing industry or the
establishment of a new one warrants it.

On 31 October 2000 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 for a
period of five years.

The derogation is requested under the relevant provi-
sions of Protocol 1 to Annex V, particularly with regard
to Article 38(5) concerning island ACP States and the
economic and social
in Fiji of granting the
derogation.

impact

There is a global overcapacity of the products concerned
and the Community textiles industry is already subject
to intense competitive pressure,
labour
costs are fundamental to the pricing.

in particular,

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.

The derogation, limited in quantities, would not cause
serious injury to an established Community industry,
taking into account the quantities of the imports envis-
aged, provided that certain conditions relating to quant-
ities, surveillance and duration are respected.

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

Article 1

By way of derogation from the special provisions in the list in
Annex II to Protocol 1 to Annex V of the ACP-EC Partnership
Agreement, certain articles of apparel and headgear listed in the
Annex to this Decision, manufactured in Fiji from non-origin-
ating materials imported into Fiji, shall be regarded as origin-
in accordance with the terms of this Decision.
ating in Fiji

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 1 April 2001 to 31 March 2006.

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.

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.

L 123/32

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Official Journal of the European Communities

4.5.2001

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 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 EUR.1 movement certificates 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 2/2001’.

Article 6

The African, Caribbean and Pacific States (ACP 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 from 1 April 2001.

Done at Brussels, 20 April 2001.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NKURAIYIA

4.5.2001

EN

Official Journal of the European Communities

L 123/33

ANNEX

Fiji

Order No

Item

Description of goods

HS heading

Annual quantities

09.1681

(a)

Men's or boy's 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 boy's 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

9 065 pieces

6 000 pieces

13 325 pieces

207 600 pieces

1 600 kilos

8 465 pieces

13 675 pieces

09.1688

(h)

T-shirts of textile materials other than cotton

6109.90

7 010 pieces

09.1689

(i)

Men's or boys' and women's or girls' swim-
wear

10 000 pieces

6112.31
6112.39
6112.41
6112.49
6211.11
6211.12

L 123/34

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Official Journal of the European Communities

4.5.2001

Order No

Item

Description of goods

HS heading

Annual quantities

09.1690

(j)

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

1 100 kg

6211.31
6211.32
6211.33
6211.39
6211.41
6211.42
6211.43
6211.49

09.1691

09.1692

(k)

(l)

09.1693

(m.1)

Hats, knitted or crocheted, (sun protective)

6505.90

1 700 kg

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

6217

1 100 kg

Other garments of
subheadings
6202.11 to 6202.19

6201.11

the type described in
and
6201.19

to

6210.20
6210.30

10 000 pieces

09.1699

(m.2)

Other men's or boys' garments

6210.40

5 000 kg

09.1694

(n)

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

6104.42
6104.49

09.1695

(o)

Tracksuits, knitted or crocheted, of cotton or
of other textile materials

6112.11
6112.19

09.1696

(p)

Men's or boys' 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 pieces

1 100 pieces

6 000 pieces

5 850 pieces