2008/820/EC: Commission Decision of 27 October 2008 on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Swaziland with regard to core spun yarn (notified under document number C(2008) 6133)
Date: 2008-10-27
Institutions: European Commission
Subjects: Eswatini, derogation from EU law, free circulation, import (EU), movement certificate, originating product, textile fibre

29.10.2008

EN

Official Journal of the European Union

L 285/17

COMMISSION DECISION

of 27 October 2008

on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation
(EC) No 1528/2007 to take account of the special situation of Swaziland with regard to core spun
yarn

(notified under document number C(2008) 6133)

(2008/820/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1528/2007 of
20 December 2007 applying the arrangements for goods orig­
inating in certain states which are part of the African, Caribbean
and Pacific (ACP) Group of States provided for in agreements
establishing, or
leading to the establishment of, Economic
Partnership Agreements (1), and in particular Article 36(4) of
Annex II thereto,

Whereas:

(1)

(2)

(3)

the concept of

On 13 January 2006 the ACP-EC Customs Cooperation
Committee adopted Decision No 3/2005 derogating
‘originating
from the definition of
products’ to take account of the special situation of the
Kingdom of Swaziland with regard to its manufacturing
of core spun yarns (2). In accordance with that Decision,
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 (3) Swaziland was granted an
annual quantity of 1 300 tonnes of core spun yarn for
the period from 1 April 2006 to 31 December 2007.

the

expiry of

Following
the ACP-EC Partnership
Agreement on 31 December 2007, Swaziland requested
on 24 April 2008 in accordance with Article 36 of
Annex II to Regulation (EC) No 1528/2007, a derogation
from the rules of origin set out in that Annex for a
period of
five years. On 25 June 2008 Swaziland
submitted additional information relating to its request.
The request covers a total annual quantity of 1 300
tonnes of core spun yarn of HS Headings 5206 22,
5206 42, 5402 52 and 5402 62.

Swaziland is a small
landlocked developing country.
According to the information provided by Swaziland
its economy is heavily dependent on trade and already
has a high rate of unemployment. Application of the
current rule of origin would seriously affect the ability
to continue to export
to the Community. Swaziland
needs to source non-originating materials for the manu­
facture of the final product and is currently unable to

(1) OJ L 348, 31.12.2007, p. 1.
(2) OJ L 26, 31.1.2006, p. 14.
(3) OJ L 317, 15.12.2000, p. 94.

(4)

(5)

(6)

(7)

(8)

satisfy the rules on cumulation of origin laid down in
Annex II to Regulation (EC) No 1528/2007. Hence, the
final product does not comply with the rules laid down
in that Annex. However, Swaziland has invested signifi­
cantly for
to the
Community market mainly through cumulation with
South Africa,
a
temporary derogation. The request for a temporary dero­
gation is therefore justified under Article 36(1)(b) of
Annex II to Regulation (EC) No 1528/2007.

the purposes of getting access

dependence

eliminating

the

on

In order to ensure that Swaziland may continue its
exports to the Community, following the expiration of
the derogation granted by Decision No 3/2005 of the
ACP-EC Customs Cooperation Committee which expired
on 31 December 2007, a new derogation should be
granted.

To ensure smooth transition from the ACP-EC Part­
nership Agreement to the Interim Economic Partnership
Agreement between the European Community and its
Member States, of
and the SADC
EPA
(Southern African Development Community)
(Economic Partnership Agreement) States, of the other
part
Partnership
Agreement), a new derogation should be granted with
retroactive effect from 1 January 2008.

Interim Economic

the one part,

(SADC-EU

A temporary derogation from the rules of origin laid
down in Annex II to Regulation (EC) No 1528/2007
injury to an established
would not
Community industry taking into account
the imports
concerned, provided that certain conditions relating to
quantities, surveillance and duration are respected.

serious

cause

It is therefore justified to grant a temporary derogation
under Article 36(1)(b) of Annex II to Regulation (EC)
No 1528/2007.

Swaziland will be able to make requests for derogation
from the rules of origin pursuant to Article 39 of the
Origin Protocol
attached to the SADC-EU Interim
Economic Partnership Agreement, when that Agreement
enters into force or is provisionally applied, pending its
entry into force.

L 285/18

EN

Official Journal of the European Union

29.10.2008

Swaziland during the period from 1 January 2008 to
31 December 2008.

Article 3

The quantities set out in the Annex to this Decision shall be
managed in accordance with Articles 308a, 308b and 308c of
Regulation (EEC) No 2454/93.

Article 4

The customs authorities of Swaziland shall take the necessary
measures to carry out quantitative checks on exports of the
products referred to in Article 1.

All the EUR.1 movement certificates they issue in relation to
those products shall bear a reference to this Decision.

The competent authorities of Swaziland shall forward to the
Commission a quarterly statement of the quantities in respect
of which EUR.1 movement certificates have been issued
pursuant
those
certificates.

to this Decision and the serial numbers of

Article 5

Box 7 of EUR.1 movement certificates
Decision shall contain the following:

issued under

this

‘Derogation — Decision 2008/820/EC’.

Article 6

This Decision shall apply from 1 January 2008.

It shall apply until the rules of origin set out in Annex II to
Regulation (EC) No 1528/2007 are superseded by those
annexed to any
agreement with Swaziland when that
agreement is either provisionally applied, or enters into force,
whichever is the earlier, but in any event this Decision shall not
apply after 31 December 2008.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 27 October 2008.

For the Commission

László KOVÁCS
Member of the Commission

(9)

rules of

In accordance with Article 4(2) of Regulation (EC) No
1528/2007 the rules of origin set out in Annex II to that
Regulation and the derogations from them are to be
superseded by the
the SADC-EU Interim
Economic Partnership Agreement, the entry into force
or provisional application of which is expected to take
place in 2008. The derogation therefore should not be
granted for the requested period of five years, but should
be
to
31 December 2008.

from 1 January

the period

granted

for

(10) Accordingly a derogation should be granted to Swaziland
in respect of 1 300 tonnes of core spun yarns for a
period of one year.

(11)

(12)

(13)

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (1)
lays down rules
relating to the management of tariff quotas. In order to
ensure efficient management carried out in close cooper­
ation between the authorities of Swaziland, the customs
authorities of the Member States and the Commission,
those rules should apply mutatis mutandis to the quan­
tities imported under the derogation granted by this
Decision.

In order to allow efficient monitoring of the operation of
the authorities of Swaziland should
the derogation,
communicate regularly to the Commission details of
the EUR.1 movement certificates issued.

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Customs Code

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Annex II to Regulation (EC) No
1528/2007 and in accordance with Article 36(1)(b) of that
Annex, core spun yarns of HS Headings 5206 22, 5206 42,
5402 52 and 5402 62 manufactured from non-originating
materials shall be regarded as originating in Swaziland in
accordance with the terms set out in Articles 2 to 6 of this
Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
products and the quantities set out in the Annex which are
circulation into the Community from
declared for

free

(1) OJ L 253, 11.10.1993, p. 1.

29.10.2008

EN

Official Journal of the European Union

L 285/19

ANNEX

Order No

CN code

Description of goods

Period

Quantities

09.1698

5206 22,
5206 42,
5402 52,
5402 62

Core spun yarn

1.1.2008 to 31.12.2008

1 300 tonnes