2002/891/EC: Decision No 2/2002 of the ACP-EC Customs Cooperation Committee of 28 October 2002 derogating from the concept of "originating products" to take account of the special situation of the ACP States regarding the production of canned tuna and of tuna loins (HS heading ex 16.04)
Date: 2002-10-28
Institutions: Customs Cooperation Committee
Subjects: ACP countries, derogation from EU law, originating product, preserved product, quantitative restriction, sea fish, trade agreement (EU)

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Official Journal of the European Communities

14.11.2002

DECISION No 2/2002

OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 28 October 2002

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

(2002/891/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 I 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 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 8 000 tonnes for canned tuna and of 2 000 tonnes
for tuna loins.

The ACP/EC Customs Cooperation Committee has allo-
cated a share of these quotas to six individual African,
Caribbean and Pacific States, hereinafter referred to as
‘ACP States’ (2).

In order to permit the effective and full utilisation of the
quota available, the ACP States submitted on 18 June
2002 a request for a new global derogation, valid for all
ACP States, and covering the full annual quantities, i.e.
8 000 tonnes of canned tuna and 2 000 tonnes of tuna
imported into the Community from 1 October
loins,
2002 to 28 February 2005.

(1) OJ L 195, 1.8.2000, p. 46.
(2) Decision No 1/2000 of

the ACP/EC Customs Cooperation
Committee of 18 October 2000 derogating from the definition of
‘originating products’ to take account of the special situation of Fiji,
Mauritius, Papua New Guinea and the Seychelles regarding the
production of canned tuna and of tuna loins (HS heading ex 16.04)
(OJ L 276, 28.10.2000, p. 89); Decision No 4/2001 of the ACP/EC
Customs Cooperation Committee of 27 June 2001 derogating from
the definition of ‘originating products’ to take account of the special
situation of Senegal regarding the production of canned tuna (HS
heading ex 16.04) (OJ L 192, 14.7.2001, p. 27); Decision No 5/
the ACP/EC Customs Cooperation Committee of 7
2001 of
December 2001 derogating from the definition 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) (OJ L 334, 18.12.2001, p. 31); Decision No
1/2002 of the ACP/EC Customs Cooperation Committee of 26 June
2002 derogating from the definition of ‘originating products’ to take
account of the special situation of the Seychelles regarding the
(OJ L 172,
tuna loins (HS heading ex 16.04)
production of
2.7.2002, p. 65).

(6)

(7)

(8)

(9)

The ACP States also requested that, in order to ensure
the continuation of the benefit of the derogations for
operators, the individual decisions that are still valid on
the derogations
1 October 2002 be
provided for by these decisions should be covered by the
new global decision from that date onwards.

repealed, as

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

Therefore, pursuant to Article 38(8), a new global dero-
gation can be granted to the ACP States in respect of
canned tuna and of tuna loins for the quantities and for
the periods requested.

The quantities for which a derogation is adopted, should
be managed by the Commission in collaboration with
the customs authorities of the Member States and those
of the ACP States. To that end, detailed rules should be
adopted,

HAS DECIDED AS FOLLOWS:

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,
canned tuna and tuna loins of HS heading ex 16.04 produced
in the ACP States from non-originating tuna shall be regarded
as originating in the ACP States 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 ACP
States during the period of 1 October 2002 to 28 February
2005.

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Official Journal of the European Communities

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Article 3

1.
The quantities set out in the Annex shall be managed by
the Commission, which shall take all administrative action it
deems advisable for their efficient management.

in a Member State, a
2. Where an importer presents,
declaration for release for free circulation,
incorporating a
request to benefit from this Decision, the Member State shall, if
the declaration has been accepted by the customs authorities,
notify the Commission of its wish to draw a quantity corre-
sponding to its needs.

3.
Requests for drawing, showing the date of acceptance of
the declarations, shall be transmitted by the Member State
concerned to the Commission without delay.

4.
Drawings shall be granted by the Commission in order of
the date of acceptance of the declarations of release for free
circulation by the customs authorities of the Member States,
provided that the available balance so permits.

If a Member State fails to use a drawing it shall return it,

5.
as soon as possible, to the appropriate quota.

6.
If the quantities requested exceed the available balance of
a given quota, the quantities shall be allocated on a pro rata
basis. The Commission shall
inform the Member States of
drawings from the quotas.

Each Member State shall ensure that

7.
importers have
continuous and equal access to the quantities available as long
as the balance permits.

Article 4

The customs authorities of the ACP States shall take the
1.
necessary steps to carry out quantitative checks on exports of
the products referred to in Article 1. To that end, all the certifi-
cates they issue pursuant to this Decision shall bear a reference
to it.

The

those countries

competent authorities of

2.
shall
forward to the Commission every three months, via the Secre-
tariat of the ACP Group, 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 certi-
ficates.

Article 5

— Deroga — decisione n. 2/2002
— Afwijking — Βesluit nr. 2/2002
— Derrogação — Decisão n.o 2/2002

— Poikkeus — päätös N:o 2/2002

— Undantag — beslut nr 2/2002.

Article 6

The ACP States, the Member States and the European Commu-
nity shall take the measures necessary on their part to imple-
ment this Decision.

Article 7

1.

The following decisions are hereby repealed:

— Decision No 4/2001 of the ACP/EC Customs Cooperation
Committee of 27 June 2001 derogating from the definition
of ‘originating products’ to take account of the special situa-
tion of Senegal regarding the production of canned tuna
(HS heading ex 16.04),

— Decision No 5/2001 of the ACP/EC Customs Cooperation
Committee of 7 December 2001 derogating from the defi-
nition of
the
special situation of Côte d'Ivoire and Papua New Guinea
regarding the production of canned tuna (HS heading ex
16.04),

‘originating products’

to take account of

— Decision No 1/2002 of the ACP/EC Customs Cooperation
Committee of 26 June 2002 derogating from the definition
of ‘originating products’ to take account of the special situa-
tion of the Seychelles regarding the production of tuna
loins (HS heading ex 16.04).

in a Member State, a
2. Where an importer presents,
declaration for release for free circulation,
incorporating a
request to benefit from one of the Decisions referred to in para-
to this
that reference shall be deemed to refer
graph 1,
Decision.

Article 8

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

This Decision shall apply from 1 October 2002.

Box 7 of movement certificates EUR.1 issued under this Deci-
sion shall contain one of the following indications:

Done at Brussels, 28 October 2002.

— Excepción — Decisión no 2/2002

— Undtagelse — afgørelse nr. 2/2002

— Abweichung — Beschluss Nr. 2/2002
— Παρέκκλιση — Απόφαση αριθ. 2/2002
— Derogation — Decision No 2/2002

— Dérogation — Décision no 2/2002

For the ACP-EC Customs Cooperation
Committee

The Joint Chairmen

Robert VERRUE

Edwin P.J. LAURENT

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Official Journal of the European Communities

14.11.2002

ANNEX

Order No

HS heading

Description of goods

Period

Quantities
(in tonnes)

09.1635

ex 16.04

Canned tuna

1.10.2002 — 30.9.2003

8 000

1.10.2003 — 30.9.2004

8 000

1.10.2004 — 28.2.2005

3 333

09.1636

ex 16.04

Tuna loins

1.10.2002 — 30.9.2003

2 000

1.10.2003 — 30.9.2004

2 000

1.10.2004 — 28.2.2005

833