2006/46/EC: Decision No 3/2005 of the ACP-EC Customs Cooperation Committee of  13 January 2006  derogating from the definition of the concept of  originating products  to take account of the special situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns
Date: 2006-01-13
Institutions: Customs Cooperation Committee
Subjects: Eswatini, cooperation agreement (EU), derogation from EU law, export monitoring, movement certificate, originating product, textile fibre

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Official Journal of the European Union

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DECISION No 3/2005 OF THE ACP-EC CUSTOMS COOPERATION COMMITTEE

of 13 January 2006
derogating from the definition of the concept of ‘originating products’ to take account of the special
situation of the Kingdom of Swaziland with regard to its manufacturing of core spun yarns

(2006/46/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

certain conditions
and duration are respected.

relating to quantities,

surveillance

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

from the

the concept of

‘originating products’

On 10 May 2001 Decision No 3/2001 of the ACP-EC
Customs Cooperation Committee derogating from the
definition of
to
take account of the special situation of the Kingdom of
Swaziland with regard to its manufacturing of core spun
yarns (1) (HS headings 5206.22, 5206.42, 5402.52 and
5402.62) was adopted. The derogation provided for in
Article 1 of this Decision shall apply during the period of
1 April 2001 to 31 March 2006.

the expiry of

this provision,

In view of
the African,
Caribbean and Pacific States submitted on 8 July 2005,
on behalf of the Kingdom of Swaziland, a request for a
new derogation from the rules of origin, as contained in
the ACP-EC Partnership Agreement, for core spun yarns
in respect of an annual quantity of 1 300 tonnes,
produced by this country during a period of five years
and imported into the Community from 1 April 2006
onwards.

The requested derogation is justified under the relevant
provisions of Article 38(5) and (6) especially as regards
the development of existing industries in Swaziland, the
is a landlocked State and the
fact
inapplicability of the rules on cumulation of origin.

the applicant

that

The derogation would not cause serious injury to an
established Community industry taking into account
the quantities of the imports envisaged, provided that

(1) OJ L 144, 30.5.2001, p. 35.

(6)

(7)

The derogation cannot be granted for five years because,
in conformity with Article 37 of the ACP-EC Partnership
Agreement, new trading arrangements shall enter into
force by 1 January 2008. This Decision shall therefore
apply from 1 April 2006 until the end of 2007 pending
the adoption of these new trading arrangements.

Therefore, pursuant to Article 38, a derogation can be
granted to the Kingdom of Swaziland in respect of core
spun yarns for 1 300 tonnes per annum from 1 April
2006 to 31 December 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, core spun yarns of HS headings 5206.22, 5206.42,
5402.52 and 5402.62 manufactured in Swaziland from non-
originating materials
regarded as originating in
shall be
Swaziland 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
Swaziland during the period of 1 April 2006 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 308a, 308b
and 308c of Commission Regulation (EEC) No 2454/93 (2)
relating to the management of tariff quotas shall apply mutatis
mutandis to the management of the quantities referred to in the
Annex.

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

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

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Article 4

Article 6

The customs authorities of Swaziland shall

1.
take the
necessary steps to carry out quantitative checks on exports of
the products referred to in Article 1. To that end, all the certi-
ficates they issue pursuant to this Decision shall bear a reference
to it.

The African, Caribbean and Pacific States, the Member States
and the European Community shall take the measures necessary
on their part to implement this Decision.

Article 7

The competent authorities of Swaziland shall forward to
2.
the Commission every three months a statement of the quan-
tities 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 the words:

‘Derogation — Decision No 3/2005’

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

This Decision shall apply from 1 April 2006.

Done at Brussels, 13 January 2006.

For the ACP-EC
Customs Cooperation Committee
The Joint Chairmen

Robert VERRUE

Peter H. KATJAVIVI

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ANNEX

Swaziland

Order No

09.1698

HS heading

Description of goods

Period

Quantities

5206.22
5206.42
5402.52
5402.62

Core spun yarns

1.4.2006 to 31.3.2007

1 300 tonnes

1.4.2007 to 31.12.2007

975 tonnes