2001/350/EC: Decision No 1/2001 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 Zambia regarding the production of polyester-cotton yarn (HS heading ex5509)
Date: 2001-04-20
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, Zambia, export, movement certificate, plastics, trade agreement (EU)

4.5.2001

EN

Official Journal of the European Communities

L 123/29

DECISION No 1/2001 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
Zambia regarding the production of polyester-cotton yarn (HS heading ex 5509)

(2001/350/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

HAS DECIDED AS FOLLOWS:

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,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 26 October 2000 the African, Caribbean and Pacific
States (ACP States) submitted a request, on behalf of the
Government of Zambia, for a derogation from the rule
in respect of an annual
of origin in the Protocol,
quantity of 3 500 tonnes of polyester-cotton yarn
produced by this country between 1 March 2001 and
28 February 2006. The Government of Zambia
requested that polyester-staple fibre from South Africa
be allowed in the manufacture of the polyester-cotton
yarn.

The requested derogation is justified under the relevant
provisions of Article 38(5) and (6) especially as regards
least-developed States, the added value in the manufac-
turing process in Zambia,
the economic and social
impact of granting the derogation to Zambia, and of the
special relations with South Africa.

The derogation would not cause serious injury to an
established Community industry taking into account the
quantities of the importations envisaged, provided that
certain conditions relating to quantities, surveillance and
duration are respected.

Therefore, pursuant to Article 38, a derogation can be
granted to Zambia in respect of polyester-cotton yarn
for the quantities requested and for a period of five
years,

(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, polyester-cotton yarn of HS heading ex 5509
manufactured in Zambia from non-originating polyester staple
fibre, supplied in accordance with the terms of the request,
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 Zambia between 1 March 2001 and 28 February
2006.

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 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 rate 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.

L 123/30

EN

Official Journal of the European Communities

4.5.2001

Article 4

Article 6

The customs authorities of Zambia shall take the necessary
steps to carry out quantitative checks on exports of the prod-
ucts 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 Zambia shall forward to the Commis-
sion 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 1/2001.’

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 from 1 March 2001.

Done at Brussels, 20 April 2001.

For the ACP-EC Customs Cooperation
Commitee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NKURAIYIA

ANNEX

Zambia

Order No

HS heading

Description of goods

Period

Quantities

09.1671

ex 5509

Polyester-cotton yarn

1.3.2001 to 28.2.2002

3 500 tonnes

1.3.2002 to 28.2.2003

3 500 tonnes

1.3.2003 to 29.2.2004

3 500 tonnes

1.3.2004 to 28.2.2005

3 500 tonnes

1.3.2005 to 28.2.2006

3 500 tonnes