CELEX: 51978PC0726
Language: en
Date: 1978-12-19
Title: Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No the ACP-EEC Council of Ministers derogating from the concept of "originating products" to take account of the special situation of Mauritius with regard to its production of canned tuna#Draft DECISION OF THE ACP-EEC COUNCIL OF MINISTERS derogating from the concept of "originating products" to take account of the special siutation of Mauritius with regard to its production of canned tuna (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 726
Vol. 1978/0271
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(78)726 final.
                                                Brussels . 19 December 1978
                              Proposal for a
                          COUNCIL REGULATION ( EEC)'
           on the application of Decision No                  the ACP-EEC
           Council of Ministers derogating from the concept of 'ori­
                                                  ginating-
                                                     - ^ o //
           ginating products' to take account of <the/special situation
                                                     *>y
           of Mauritius with regard to its production of canned tuna
                                             ,  •> j
                                       Draft
                    DECISION OF THE ACP-EEC COUNCIL OF MINISTERS
           derogating from the concept of 'originating products' to take
           account of the special siutation of Mauritius with regard to
                        its production of canned tuna
                     ( submitted to the Council by the Commission )
                                   , '►
 C0M(78 ) 726 final
 ---pagebreak---                           EXPLANATORY NOTE
  Présentation cf the request
) Background : Since 23 November 197? Mauritius has benefited 1>om a
  derogation to the definition of the concept cf originating products
  for canned tuna within a quota' of 1,6CQ tonnes .    The canned fish are
  made from fish caught in the Maldive Islands by local fishermen and
  which are transported to Mauritius by a Japanese refrigerator ship .
  The majority of the company 's shares are held by Mauritius .
  A derogation for one year was foreseen to enable the Mauritian company
  to obtain supplies of tunny caught using live bait using a vessel
  corresponding to the definition in note No . 6 to Protocol No . 1
  of the Lom£ Convention .
) Request for extension of the derogation made by the Mauritian Government
  In a letter dated 10 October 1978 the ACP countries' General Secretariat
  sent , with a favourable opinion , a request for an extension presented
  by the Mauritian Ambassador in the name of his Government .
  The Mauritian Ambassador observed that his original request had referred
  to a two year period and a volume of 3,200 tonnes per year and that the
  derogation had only been for one year and for 1,600 tonnes .
   He explained that the company concerned had attempted to comply with
  the origin rules applicable by trying to introduce a system of fishing
   corresponding to the rules , that is fishing using live bait which they
   were unable to obtain in sufficient quantities in the waters surrounding
   Mauritius with the consequence that the attempt had to be given up .
   In order to resolve the problem the company therefore decided to
   turn to the system of purse seining and , envisages buying the type , of .
  vessel needed for this kind of fishing and which fulfils all the ..
   conditions necessary .           '   '  / !       '
 ---pagebreak--- At present , negotiations for purchase are proceeding and -shopl-d succeed ,
about by 20 January T979 . Parallel discussions are being conducted
with the Seychelles and Comores in order to obtain fishing rights in
their economic zones .
In order to allow the canning works to continue to operate in good
financial conditions until these discussions are concluded , Mauritius
requests the extension of the derogation for one year , although in fact
the derogation would only be used for 10 months .   In effect the Decision
previews the benefit of the derogation to products imported between
23 November 1977 and 23 November 1978 .  The first shipments were not
started until after the date of the entry into force and in view of
the length of time needed by sea shipment ( some two months ) the last
shipments which could benefit from the derogation should have left
Mauritius in the second half of September if they were to be cleared
through customs before the final date .
Opinion of the Commission
The Commission has not been informed of any disruption            '•
caused by the imports of canned tunny . It is sure that they do not
consist of more than a very modest percentage of the total of imports
into the Community of this product which totalled 43,500 tonnes
in 1977 .
    «
The situation of the tunny canning industry in the Community is concentrated
in two countries . France and Italy ; Japan , Senegal , Ivory Coast and
Taiwan are the main suppliers . Mauritius only sold 618 tonnes in 1977 .
The request presented, which has been supported by all the ACP countries ,
responds exactly with the criteria fixed by Article 27 of Protocol
No . 1 to the Convention .
It seems evident that Mauritius cannot obtain under satisfactory conditions
tunny from other ACP countries and that imports of non-originating
products are vital in order to maintain the activity of an industry
employing 250 persons and whose market openings and profitability would
be put at risk by the payment of increased customs duties .    -
 ---pagebreak--- A Decision sijculd be taken shortly concerning *he purchase of a boat
whose entry into service should tj-ke place in the second half of 197? ,
the Coiranisiion proposes an extension for a period cf one year for
a quantity of 1,600 tonnes .
This new derogation , agreed to for one year , cannot in any eventuality ,
be subject to a further prolongation *
 ---pagebreak---                                      COUNCIL REGULATION ( EEC)
               orr the application of Decision No            of the ACP-EEC Council of Ministers
               derogating from the concept of 'originating products' to take acount of the
                 special situation of Mauritius with regard to its production of canned tuna
  THE COUNCIL OP THE EUROPEAN                                 Whereas it is necessary, in accordance with Article 74
  COMMUNITIES,                                                (3) of the Convention, to take the measures required
                                                              to implement that Decision,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 113
  thereof.                                                    HAS ADOPTED THIS REGULATION :
  Having regard to the proposal from the Commission,
                                                                                      A rticle / •
  Whereas the ACP-EEC Council of Ministers set up
                                                              Decision No         of thfc ACP-EEC Council of Minis­
  under the ACP-EEC Convention of Lome(') signed
  on 28 February 1975,                                        ters shall apply in the Commtinity.
  tion', adopted, pursuant to Article g(2)°f 'he said         The text of the Decision is annexed to this Regula­
  Convention. Décision No        /78 of       .               tion .
                                             derogating
from the concept of 'originating products' to take
account of the special situation of Mauritius with                                   Article 2
regard to its production of canned tuna ;
                                                              This Regulation shall enter into force on the day
                                                              following its publication in the Official Journal of
                                                              the European Communities.
                                                              It shall apply from ^3 November 1978 until 24
                                                              November 1970
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels,
                                                                          For the Council
                                                                           The President
 (') OJ No L 25, 10. 1 . 1976, p. Z.
 ---pagebreak---                                                            ANNEX
                                                          Draft
                     DECISION                   OF THE ACP-EEC COUNCIL OF MINISTERS
                 derogating from tne concept of 'originating products' to take account of the
                  spec **! situation of Mauritius with regard to its production of canned uina
    THE ACP-EEC COMMITTEE OP AMBASSADORS                           and exported fro. Mauritius                      25 Novcmbc,
                                                                          1978 and 24 November 1979.
    Having regard to the ACP-EEC Convention of Lome
    signed on 28 February 1975 hereinafter called ' the
    Convention', and in particular Article 9 (2) thereof,                                        Article J
    Whereas Article 27 of Protocol I to the Convention,
    concerning the definition of the concept of 'origi -           ♦/              The aove*ent certificate ; EUR .1 issued
    nating products' and methods of administrative co-              *
    operation, slates that derogations from the rules of                           for products originating by virtue of the
    origin may be made, in particular to facilitate the deve­                      derogation contained in Article 1 shall
    lopment of existing industries or the creation of new .                        contain in box 7 'remark ; 1 one of the
    industries ;                                                 !                 following endorsements ;
    Whereas the ACP States have submitted a request |
     from the Government of Mauritius for a derogation ;                           • "Dérogation thons *
     from the definition set out in the said Protocol for - ;                      •" Abweichung Thunfisch*
     canned tuna produced by that State ;                             ,            - 'Derogation tuna fish "
    Whereas , In order to catch fish for Its canneries ,                           - "Deroga tonno "
    Mairltlus has decided to set up f Is own fleet of                              - "Afwijking tonijn"
  vessels so that the finished products have the statu* ■                          - " Undtagelse tunfisk"
    of originating products within the leaning of Protocol
    No 1 to the loa< Convention ;
   Whereas the fleet will become operational only In
   about one year 's tlae ;                                   •
                                                                                                 A nicle 4
Whereas, in accordance with Article 27 of Protocol I ,
the Customs Cooperation Committee has adopted a ' ' •                    The competent authorities of Mauritius shall take the
report on the said request ;                                  !■          necessary steps to carry out quantitative checks on
Whereas the derogation accorded for 1978 , taken                 I        exports of the products referred to in Article 2 and
together with that envisaged for 1979 , represents                        shall forward to the Commission every three months a
a period of tlae sufficient to allow the                                  statement of the quantities in respect of which move­
Mauritian authorities to resolve their proble*                            ment certificates EUR I have been issued pursuant to
                                                                        - this Decision .
 in obtaining originating raw aaterlals; whereas the
present derogation should be Halted to a                                                         Artide $
aaxlaua period of twelve aonths ;
Whereas In these circuastances a tenp'orary . .                           The ACP States, the Member States and the Commu­
derogation nay be aade froa the definition of the                         nity shall be required, each for its own part, to take
concept of originating products ;                                         the necessary steps to implement this Decision.
                                                                                                 Artide 6
   HAS DECIDED AS FOLLOWS :
                                                                          This Decision shall enter into force on 25 November
                          Article I
                                                                          1978 ..
   By way of derogation from the special provisions of
   List A in Annex 11 to Protocol 1 , canned tuna manu­                   U shell apply until 24 November 1979.
   factured in Mauritius and falling within tariff heading
   No ex 16.04 shall be considered as originating in
   Mauritius subject to the fc! lowing conditions.
                           Artide 2
   Thi* derogation shall        to I 600 lonncs of canned
   tuna WSina viihi?) larSff heading No ss 1 6.04