2001/409/EC: Decision No 3/2001 of the ACP-EC Customs Cooperation Committee of 10 May 2001 derogating from the definition of the concept of "originating products" to take account of the special situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns
Date: 2001-05-10
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, Eswatini, derogation from EU law, export licence, originating product, textile fibre

30.5.2001

EN

Official Journal of the European Communities

L 144/35

DECISION No 3/2001 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 10 May 2001

derogating from the definition of the concept of ‘originating products’ to take account of the
special situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns

(2001/409/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,

Article 1

Whereas:

(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 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.

On 22 November 2000 the African, Caribbean and
Pacific States (ACP States) submitted a request, on behalf
of the Kingdom of Swaziland, for a derogation from the
rule of origin in the Protocol, in respect of an annual
quantity of 1 900 tonnes of core spun yarns produced
by this country during a period of five years.

The requested derogation is justified under the relevant
provisions of Article 38(5) and (6) especially as regards
the development of existing industries, the fact that the
applicant is a landlocked State, the inapplicability of the
rules on cumulation of origin and of the added value in
the manufacturing process in Swaziland.

The derogation cannot be granted for the quantities
the textile
requested in view of
industry.

the sensitivity of

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.

Therefore, pursuant to Article 38, a derogation can be
granted to Swaziland in respect of core spun yarns for
1 400 tonnes per annum for a period of five years,

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

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, core spun yarns of HS headings 5206.22, 5206.42,
5402.52 and 5402.62 manufactured in Swaziland from non-
originating materials shall be regarded as originating in Swazi-
land 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 Swaziland from 1 April 2001 to 31 March 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. The Commission shall
inform the
Member States of withdrawal on the quotas.

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.

Each Member State shall ensure that importers have continuous
and equal access to the amounts available as long as the
balance permits.

L 144/36

EN

Official Journal of the European Communities

30.5.2001

Article 4

Article 6

The customs authorities of Swaziland 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 Swaziland shall
forward to the
Commission every three months a statement of the quantities
in respect of which movement certificates EUR.I 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 3/2001’

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, 10 May 2001.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NKURAIYIA

ANNEX

Swaziland

Order No

HS heading

Description of goods

Period

Quantities

09.1698

5206.22

Core spun yarns

1.4.2001 to 31.3.2002

1 400 tonnes

5206.42

5402.52

5402.62

1.4.2002 to 31.3.2003

1 400 tonnes

1.4.2003 to 31.3.2004

1 400 tonnes

1.4.2004 to 31.3.2005

1 400 tonnes

1.4.2005 to 31.3.2006

1 400 tonnes