2001/902/EC: Decision No 5/2001 of the ACP-EC Customs Cooperation Committee of 7 December 2001 derogating from the definition of the concept of "originating products" to take account of the special situation of Côte d'Ivoire and Papua New Guinea regarding the production of canned tuna (HS heading ex 16.04)
Date: 2001-12-07
Institutions: Customs Cooperation Committee
Subjects: Côte d'Ivoire, Papua New Guinea, derogation from EU law, originating product, preserved product, sea fish

18.12.2001

EN

Official Journal of the European Communities

L 334/31

COMMISSION

DECISION No 5/2001 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 7 December 2001

derogating from the definition of the concept of ‘originating products’ to take account of the
special situation of Côte d'Ivoire and Papua New Guinea regarding the production of canned tuna
(HS heading ex 16.04)

(2001/902/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

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)

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;

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

the said Protocol provides that

On 16 July 2001 the African, Caribbean and Pacific
States (ACP States) submitted a request, on behalf of the
Governments of Côte d'Ivoire and of Papua New Guinea,
for a derogation from the rule of origin in the Protocol,
in respect of an annual quantity of 2284 tonnes of
canned tuna produced by these countries to be allocated
as follows: 1 142 tonnes to Côte d'Ivoire from 1
October 2001 to 30 September 2002 and 1 142 tonnes
per year to Papua New Guinea from 1 October 2001 to
30 September 2003;

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 upon request of the ACP States;

(6)

Therefore, pursuant to Article 38(8), a derogation can be
granted to Côte d'Ivoire and to Papua New Guinea in

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

respect of canned tuna for the quantities and for the
periods requested,

HAS DECIDED AS FOLLOWS:

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
Côte d'Ivoire and in Papua New Guinea 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
quantities shown in the Annex to this Decision which are
imported into the Community from Côte d'Ivoire during the
period of 1 October 2001 to 30 September 2002 and from
Papua New Guinea during the period of 1 October 2001 to 30
September 2003.

Article 3

The quantities referred to in the annex shall be managed by the
Commission, which shall take ail 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.

L 334/32

EN

Official Journal of the European Communities

18.12.2001

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.

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 Cote d'lvoire and of Papua New
Guinea 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 Cote
d'lvoire and of Papua New Guinea 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 one of the following phrases:
— Excepción — Decisión no 5/2001
— Undtagelse — afgørelse nr. 5/2001
— Abweichung — Beschluss Nr. 5/2001
— Παρέκκλιση — Απόφαση αριθ. 5/2001
— Derogation — Decision No 5/2001
— Dérogation — Décision no 5/2001

— Deroga — decisione n. 5/2001
— Afwĳking — Besluit nr. 5/2001
— Derrogação — Decisão n.o 5/2001
— Poikkeus — Päätös N:o 5/2001
— Undantag — beslut nr 5/2001.

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 October 2001.

Done at Brussels, 7 December 2001.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Peter O. OLE NKURAIYIA

18.12.2001

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Official Journal of the European Communities

L 334/33

ANNEX

Côte d'Ivoire

Order No

HS Heading

Description of goods

Period

Quantities
(in tonnes)

09.1663

ex 16.04

Canned tuna

1.10.2001—30.9.2002

1 142

Papua New Guinea

Order No

HS Heading

Description of goods

Period

09.1664

ex 16.04

Canned tuna

1.10.2001—30.9.2002

1.10.2002—30.9.2003

Quantities
(in tonnes)

1 142

1 142