Proposal for a Council Decision on the procedure concerning derogations from the rules of origin set out in the Origin Protocols annexed to Economic Partnership Agreements with ACP States
Date: 2009-07-13
Institutions: European Commission
Subjects: ACP countries, Africa, Cotonou Agreement, accession to an agreement, administrative cooperation, agreement (EU), cooperation policy, economic cooperation, market access, trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.7.2009 
COM(2009) 345 final 

2009/0092 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the procedure concerning derogations from the rules of origin set out in the Origin 
Protocols annexed to Economic Partnership Agreements with ACP States 

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EXPLANATORY MEMORANDUM 

Annex V of the Cotonou Agreement1 including Protocol No 1 concerning the definition of the 
concept  of  originating  products  and  methods  of  administrative  cooperation,  expired  on  31 
December  2007.  By  virtue  of  Article  37  of  this  Agreement,  the  Commission  services  have 
been negotiating the revised Economic Partnership Agreements (EPAs) with the ACP States. 
Negotiations of comprehensive EPAs with the African ACP States are still ongoing whilst the 
interim EPAs are progressively being signed since the beginning of 2008.  

The  proposed  decision  will  confer  to  the  Commission  the  implementing  powers  for  the 
decision-making  by  the  Community  on  requests  for  derogations  from  the  rules  of  origin  set 
out  in  the  Origin  Protocols  annexed  to  the  EPAs.  It  will  repeal  the  Council  Decision 
2000/399/EC which was applied previously in the framework of the Cotonou Agreement. 

Article  39  of  the  Protocol  I  concerning  the  definition of the concept of originating products 
and methods of administrative cooperation of the CARIFORUM-EC EPA, as well as similar 
provisions  of  Origin  Protocols  of  other  EPAs  still  to  be  signed  with  other  ACP  countries, 
provide for a procedure for granting derogations from the rules of origin on request by a ACP 
State  signatory  to  the  EPA.  Decisions  on  derogations  should  be  taken  by  a  competent 
Committee,  to  be  set  up  in  the  framework  of  the  relevant  EPA,  within  a  deadline  of  75 
working  days  after  the  request  is  received  by  the  Community.  It  is  therefore  necessary  to 
ensure  that  the  Community  position  is  adopted  before  the  expiry  of  the  above  deadline  and 
communicated in time to the ACP States signatories to EPAs.  

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Partnership agreement between the members of the African, Caribbean and Pacific Group of States of 
the one part, and the European Community and its Member States, of the other part, signed in Cotonou 
on 23 June 2000 (OJ L 317, 15.12.2000, p. 3) 

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2009/0092 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the procedure concerning derogations from the rules of origin set out in the Origin 
Protocols annexed to Economic Partnership Agreements with ACP States 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Annex V of the Partnership agreement between the members of the African, Caribbean 
and  Pacific  Group  of  States  (ACP  States)  of  the  one  part,  and  the  European 
Community  and  its  Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June 
20002 (ACP-EC Partnership Agreement) and its Protocols, among which the Protocol 
No 1 concerning the definition of the concept of ‘originating products’ and methods of 
administrative cooperation, expired on 31 December 2007, according to Article 37(1) 
of that Agreement.  

As  foreseen  in  Article  37(1)  of  the  ACP-EC  Partnership  Agreement,  Economic 
Partnership Agreements (EPAs) were negotiated with regional groups of ACP States. 
Those EPAs are progressively being signed since 1 January 2008. 

Article  39  of  Protocol  I  concerning  the  definition  of  the  concept  of  ‘originating 
products’ and methods of administrative cooperation (hereinafter ‘Origin Protocol’) of 
the  Economic  Partnership  Agreement  between  the  CARIFORUM  States,  of  the  one 
part,  and  the  European  Community  and  its  Member  States,  of  the  other  part3 
(CARIFORUM-EC  EPA)  -  the  first  Economic  Partnership  Agreement  signed  with 
ACP States - provides for a procedure for granting derogations from the rules of origin 
on  request  by  an  ACP  State  signatory  to  the  EPA.  The  Community  position  on 
derogations should be adopted by a competent Committee. It is appropriate to provide 
for a procedure for that Committee in a way that it can also apply to similar provisions 
of Origin Protocols to other EPAs signed with ACP States in the future. 

(4) 

Article 39(8) of the Origin Protocol provides that a decision should be reached as soon 
as possible and in any case not later than seventy-five working days after the request is 
received by the Community. If the Community does not inform the ACP State having 

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OJ L 317, 15.12.2000, p. 3. 
OJ L 289, 30.10.2008, p. 1. 

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submitted a request for derogation of its position within this period, the request will be 
deemed to have been accepted.  

(5) 

(6) 

(7) 

It  is  therefore  necessary  to  adopt  a  procedure  ensuring  that  the  Community  position 
can be adopted and communicated to the ACP States signatories to EPAs sufficiently 
in advance for ensuring that the relevant decision  may  be  taken  before  the  expiry  of 
that deadline. 

Council  Decision  2000/399/EC  of  16  June  2000  on  the  procedure  concerning 
derogations  from  the  rules  of  origin  set  out  in  Protocol  No  1  to  the  ACP-EC 
Partnership Agreement4 provided for a delegation of powers to the Commission with 
regard to the adoption of a common position of the Community following a request by 
ACP  States  for  derogation  from  the  rules  of  origin  laid  down  in  Protocol  No  1  to 
Annex V to the ACP-EC Partnership Agreement.  

A  similar  delegation  of  powers  to  the  Commission  should  now  be  provided  for  with 
regard  to  requests  for  derogations  from  the  rules  of  origin  laid  down  in  the  Origin 
Protocols  of  EPAs.  The  Community  position  with  regard  to  such  requests  should  be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission5. 

(8) 

For the sake of clarity, Decision 2000/399/EC should be repealed,  

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Community  position  with  regard  to  a  request  presented  by  ACP  States  signatory  to 
Economic Partnership Agreements (EPAs) for derogation from the rules of origin laid down in 
the  Origin  Protocols  to  EPAs  shall  be  adopted  by  the  Commission  in  accordance  with  the 
procedure laid down in Article 2. 

Article 2 

1.  The  Commission  shall  be  assisted  by  the  Customs  Code  Committee  set  up  by  Article 
248a(1) of Regulation (EEC) No 2913/926. 

2. The representative of the Commission shall submit to the Customs Code Committee a draft 
Community position, within 25 working days from the receipt of a request for derogation by 
the Community. The Customs Code Committee shall deliver an opinion on the draft within a 
time limit determined by its Chairman according to the urgency of the matter concerned. The 
opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case 
of decisions which the Council is required to adopt on a proposal from the Commission. The 

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OJ L 151, 24.6.2000, p. 16. 
OJ L 184, 17.7.1999, p. 23. 

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votes of the representatives of the Member States shall be weighted in the manner set out in 
that Article. The Chairman shall not vote. 

3.  The  Commission  shall  adopt  the  Community  position  and  transmit  it  immediately  to  the 
competent Committee set up by the relevant EPA. However, if the Community position is not 
in accordance with the opinion of the Customs Code Committee, it shall be submitted by the 
Commission to the Council forthwith. In that event, the Commission shall defer its transmission 
to the competent Committee set up in the framework of the relevant EPA for a period of 25 
working days from the date of the vote in the Committee. 

4.  The  Council,  acting  by  a  qualified  majority,  may  adopt  a  different  Community  position 
within the period provided for in paragraph 3. 

1. Decision 2000/399/EC is hereby repealed. 

Article 3 

2. References to the repealed Decision shall be construed as references to this Decision. 

Done at Brussels,  

For the Council 
The President 

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OJ L 302, 19.10.1992, p.1. 

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