2002/532/EC: Decision No 1/2002 of the ACP-EC Customs Cooperation Committee of 26 June 2002 derogating from the concept of "originating products" to take account of the special situation of the Seychelles regarding the production of tuna loins (HS heading ex 16.04)
Date: 2002-06-26
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, derogation from EU law, originating product, preserved product, quantitative restriction, sea fish

2.7.2002

EN

Official Journal of the European Communities

L 172/65

DECISION No 1/2002 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 26 June 2002

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

(2002/532/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 Pro-
tocol I thereof,

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 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 said Protocol provides that the dero-
gations are granted automatically within an annual quota
of 2 000 tonnes for tuna loins.

On 13 February 2002 the African, Caribbean and Pacific
States (ACP States) submitted a request, on behalf of the
Government of the Seychelles, for a derogation from the
rule of origin in the Protocol, in respect of tuna loins
produced by this country. On 12 March 2002, the ACP
States submitted an amendment to their initial request.
The request, as amended, is made for a quantity of 800
tonnes for the period up to 30 September 2002, and of
1 000 tonnes for the period from 1 October 2002 to 30
September 2003.

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

Therefore, pursuant to Article 38(8), a derogation can be
granted to the Seychelles in respect of tuna loins for the
quantities and for the periods requested,

(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 of the ACP-EC Partnership Agreement,
tuna loins of HS heading ex 16.04 produced in the Seychelles
from non-originating tuna 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
products and the quantities shown in the Annex to this Deci-
sion which are imported into the Community from the Sey-
chelles during the period of 1 June 2002 to 30 September
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 for the
the
benefit of
declaration has been accepted by the customs authorities, notify
the Commission of its wish to draw the amount corresponding
to its requirements.

the Member State shall,

this Decision,

if

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, quanti-
ties 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.

L 172/66

EN

Official Journal of the European Communities

2.7.2002

Article 4

The customs authorities of the Seychelles shall take the neces-
sary 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 those countries shall forward to
the Commission every three months a statement of the quanti-
ties in respect of which movement certificates EUR.1 have been
issued pursuant to this Decision and the serial numbers of those
certificates.

— «Derrogação — Decisão n.o 1/2002»

— ”Poikkeus — Päätös N:o 1/2002”

— ”Undantag – beslut nr 1/2002”.

Article 6

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 5

Article 7

Box 7 of EUR.1 certificates issued under this Decision shall con-
tain one of the following phrases:

This Decision shall enter into force on the date of its adoption.

This Decision shall apply from 1 June 2002.

— «Excepción — Decisión no 1/2002»

— »Undtagelse — afgørelse nr. 1/2002«

— „Abweichung — Beschluss Nr. 1/2002“
— «Παρέκκλιση — Απόφαση αριθ. 1/2002»
— ‘Derogation — Decision No 1/2002’

— «Dérogation — Décision no 1/2002»

— «Deroga — decisione n. 1/2002»

— „Afwijking — Besluit nr. 1/2002”

Done at Brussels, 26 June 2002.

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Michel VANDEN ABEELE

Edwin P.J. LAURENT

ANNEX

The Seychelles

Order No

HS heading

Description of goods

Period

Quantity
(tonnes)

09.1665

ex 16.04

Tuna loins

1.6.2002 — 30.9.2002

800

1.10.2002 — 30.9.2003

1 000