2005/141/EC: Decision No 1/2005 of the ACP-EC Customs Cooperation Committee of 8 February 2005 derogating from the concept of ‘originating products’ to take account of the special situation of Cape Verde regarding the production of men’s shirts (HS heading 62.05)
Date: 2005-02-08
Institutions: Customs Cooperation Committee
Subjects: ACP-EU Convention, Cabo Verde, clothing, derogation from EU law, import policy, originating product

19.2.2005

EN

Official Journal of the European Union

L 48/43

DECISION No 1/2005 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 8 February 2005
derogating from the concept of ‘originating products’ to take account of the special situation of
Cape Verde regarding the production of men’s shirts (HS heading 62.05)

(2005/141/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

limited to a period of
beginning of January 2005 until the end of 2007.

three years running from the

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)

the said Protocol provides for dero-
Article 38(1) of
gations
rules of origin to be granted
whenever the development of an existing industry or
the establishment of a new one warrants it.

from the

On 30 September 2004 the ACP States submitted a
request, on behalf of the Government of Cape Verde,
for a derogation from the rule of origin in the
in respect of men’s shirts produced by this
Protocol,
country for 140 000 pieces in 2004 and gradually
increasing to 180 000 pieces in 2008.

The requested derogation is justified under the relevant
provisions of Article 38(1) to (5); Cape Verde cannot use
in its production of men’s shirts, under the provisions for
cumulation, a sufficient quantity of suitable materials
originating in the Community, the Overseas Countries
and Territories (OCT) or other ACP States. Cape Verde
is a least-developed and an island ACP State and the
derogation is expected to have a positive economic and
social
in
Cape Verde.

impact especially in respect of employment

The derogation would not cause serious injury to an
established Community industry taking into account
the quantities of the imports envisaged, provided that
surveillance
certain conditions
and duration are respected.

relating to quantities,

requested. The date of

the derogation cannot be granted for
introduction of

However,
the
the
periods
request by the ACP States does not allow the adoption
of a Decision of
the ACP-EC Customs Cooperation
Committee before 1 January 2005. Furthermore new
trading arrangements for the ACP States have to enter
into force no later than 1 January 2008. Consequently a
derogation granted under the current regime will no
longer be pertinent after 31 December 2007 where the
legal framework for the derogation will no longer exist.
For these reasons the validity of the derogation should be

(6)

Therefore, pursuant to Article 38, a derogation can be
granted to Cape Verde in respect of men’s shirts for
160 000 pieces in 2005, 170 000 pieces in 2006 and
180 000 pieces in 2007,

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, men’s shirts of HS heading 62.05 produced in Cape
Verde from non-originating fabric shall be regarded as origi-
nating in Cape Verde 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
Decision which are imported into the Community from Cape
Verde during the period of 1 January 2005 to 31 December
2007.

Article 3

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. Articles 308(a), 308(b)
and 308(c) of Commission Regulation (EEC) No 2454/93 (1)
relating to the management of tariff quotas shall apply mutatis
mutandis to the management of the quantities referred to in the
Annex.

Article 4

The customs authorities of Cape Verde shall take the necessary
steps
the
to carry out quantitative checks on exports of
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 Cape Verde 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.

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

L 48/44

EN

Official Journal of the European Union

19.2.2005

Article 5

Article 7

Box 7 of movement certificates EUR.1 issued under
Decision shall contain one of the following indications:

this

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

This Decision shall apply with effect from 1 January 2005.

— ‘Derogation — Decision No 1/2005’;

— ‘Derrogação — Decisão n.o 1/2005’;

Article 6

The ACP States and the Member States and the European
Community shall take the measures necessary on their part to
implement this Decision.

Done at Brussels, 8 February 2005

For the ACP-EC Customs Cooperation
Committee
The Joint Chairmen

Robert VERRUE

Isabelle BASSONG

ANNEX

Order No

HS heading

09.1670

62.05

Description of
goods

Men’s shirts

Period

1.1.2005-31.12.2005

1.1.2006-31.12.2006

1.1.2007-31.12.2007

Quantities
(in pieces)

160 000

170 000

180 000