2001/533/EC: Decision No 4/2001 of the ACP-EC Customs Cooperation Committee of 27 June 2001 derogating from the definition of the concept of "originating products" to take account of the special situation of Senegal regarding the production of canned tuna (HS heading ex 16.04)
Date: 2001-06-27
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, Senegal, originating product, preserved product, quantitative restriction, sea fish

14.7.2001

EN

Official Journal of the European Communities

L 192/27

DECISION No 4/2001 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 27 June 2001

derogating from the definition of the concept of ‘originating products’ to take account of the
special situation of Senegal regarding the production of canned tuna (HS heading ex 16.04)

(2001/533/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 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 to Annex V concerning the defini-
tion of
‘originating products’ and
methods of administrative cooperation, apply from 2
August 2000.

the concept of

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 31 January 2001 the African, Caribbean and Pacific
States (ACP States) submitted a request, on behalf of the
Republic of Senegal, for a derogation from the rules of
origin in the Protocol, in respect of an annual quantity
of 1 142 tonnes of canned tuna produced by this
country for a period of two years.

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

Therefore, pursuant to Article 38(8), a derogation can be
granted to Senegal
in respect of canned tuna for the
quantities requested and for a period of two 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, canned tuna of HS Heading ex 16.04 produced in
Senegal from non-originating tuna shall be regarded as origin-
ating 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
imported into the Community from Senegal during the period
1 June 2001 to 31 May 2003.

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 of the
benefit of this Decision, the Member State shall, if the declara-
tion has been accepted by the customs authorties, notifiy 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 of the quotas.

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

L 192/28

EN

Official Journal of the European Communities

14.7.2001

Article 4

Article 6

The customs authorities of Senegal 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 Senegal 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 following phrase:

‘Derogation — Decision No 4/2001’.

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 June 2001.

Done at Brussels, 27 June 2001.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NURAIYIA

ANNEX

Senegal

Order No

HS heading

Description of goods

Period

09.1653

ex 16.04

Canned tuna

1.6.2001 to 30.9.2001

1.10.2001 to 30.9.2002

1.10.2002 to 31.5.2003

Quantities
(in tonnes)

381

1 142

761