CELEX: 21984D0913(01)
Language: en
Date: 1984-07-31 00:00:00
Title: Decision No 1/84 of the ACP-EEC Customs Cooperation Committee of 31 July 1984 derogating from the definition of the concept of 'originating products' to take account of the special situation of Mauritius with regard to its production of canned tuna

13 . 9 . 84                         Official Journal of the European Communities                         No L 243/23
              DECISION        No     1 /84   OF   THE ACP-EEC          CUSTOMS        COOPERATION
                                                     COMMITTEE
                                                    of 31 July 1984
              derogating from the definition of the concept of 'originating products' to take
              account of the special situation of Mauritius with regard to its production of
                                                     canned tuna
THE CUSTOMS COOPERATION COMMITTEE,                            request for a derogation should in particular take into
                                                              account such a possibility ;
Having regard to the second ACP-EEC Convention                Whereas in these circumstances a temporary deroga­
signed at Lome on 31 October 1979, hereinafter                tion from the definition of the concept of originating
referred to as 'the Convention',
                                                              products should be accorded to Mauritius,
Whereas Article 30 of Protocol 1 to the Convention
                                                              HAS DECIDED AS FOLLOWS :
concerning the definition of the concept of originating
products and methods of administrative cooperation                                    Article 1
makes provision for derogations to be made from the
rules of origin by the Customs Cooperation                    By way of derogation from the special provisions of
Committee, in particular to facilitate the development        List A in Annex II to Protocol 1 , canned tuna falling
of existing industries or the creation of new industries ;    within heading No ex 16.04 of the Common Customs
                                                              Tariff, manufactured in Mauritius from tuna originat­
Whereas the African, Caribbean and Pacific (ACP)              ing in other developing countries shall be considered
States have submitted a request from the Government           as originating in Mauritius under the following condi­
of Mauritius for a derogation from the definition set         tions .
out in Protocol 1 in respect of canned tuna produced
by Mauritius ; x                                                                      Article 2
                                                              The derogation provided for in Article 1 shall relate to
Whereas, in order to maintain its existing fishery            600 tonnes of canned tuna falling within heading No
industry and to take the measures necessary for its           ex 16.04 of the Common Customs Tariff and exported
finished products to obtain originating status, Mauri­        from Mauritius between 1 August 1984 and 28
tius has from 1 August 1982 to 31 July 1984 benefited         February 1985.
from the definition set out in Protocol 1 for canned
tuna ;                                                                                Article 3
Whereas Mauritius has already purchased a vessel with         The competent authorities of Mauritius shall take the
a view to supplying the canneries with raw fish for its       necessary steps to . ensure that the tuna used in the
                                                               manufacture of the canned tuna referred to in Article
production of canned tuna ;
                                                               1 originates in other developing countries. These
Whereas this vessel, while increasing its catches             authorities shall also carry out quantitative checks on
steadily, is not in a position to supply sufficient quan­     exports of the products referred to in Article 2 and
tities of tuna fish for the canneries ; whereas the           shall forward to the Commission every three months a
undertaking concerned intends making use of a                 statement of the quantities in respect of which move­
second fishing vessel within a period of three years if        ment certificates EUR 1 have been issued on the basis
                                                               of this Decision .
experience shows that further supplies of originating
fish cannot be guaranteed ;
                                                                                      Article 4
Whereas Mauritius has been unable to obtain suffi­            The ACP States, the Member States and the Commu­
cient supplies of fish originating in other ACP States ;       nity shall be bound, each to the extent to which it is
whereas the Mauritius canning industry therefore               concerned, to take the measures necessary to imple­
continues to be dependent upon supplies of tuna fish           ment this Decision .
from third countries in order to continue its exports of
canned tuna to the Community ;                                                        Article 5
                                 /
                                                               This Decision shall enter into force on the day of its
Whereas it is possible for Mauritius to meet its tuna
                                                               adoption .
fish requirements for the canneries through supplies
from other developing countries ; whereas, pursuant to         It shall apply from 1 August 1984 until 28 February
Article 30 (5) of Protocol 1 , the examination of a            1985 .