CELEX: 
Language: en
Date: 1981-04-16 00:00:00
Title: Council Regulation (EEC) No 1028/81 of 9 April 1981 concerning the application of Decision No 1/81 of the ACP-EEC Customs Cooperation Committee derogating from the definition of the concept of 'originating products' to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies) #Decision No 1/81 of the ACP-EEC Customs Cooperation Committee of 12 February 1981 derogating from the definition of the concept of 'originating products' to take account of the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)

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31981R1028

Council Regulation (EEC) No 1028/81 of 9 April 1981 concerning the application of Decision No 1/81 of the ACP-EEC Customs Cooperation Committee derogating from the definition of the concept of 'originating products' to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)  

Official Journal L 105 , 16/04/1981 P. 0003

****  COUNCIL REGULATION ( EEC ) NO 1028/81   OF 9 APRIL 1981   CONCERNING THE APPLICATION OF DECISION NO 1/81 OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE DEROGATING FROM THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS '  TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI AND KENYA WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS THE ACP-EEC CUSTOMS COOPERATION COMMITTEE SET UP UNDER THE SECOND ACP-EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 ADOPTED , PURSUANT TO ARTICLE 28 ( 3 ) AND ARTICLE 30 ( 1 ) OF PROTOCOL 1 TO THAT CONVENTION , DECISION NO 1/81 DEROGATING FROM THE DEFINITION OF THE CONCEPT OF  ' ORIGINATING PRODUCTS '  TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MALAWI AND KENYA WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES );   WHEREAS IT IS NECESSARY , IN ACCORDANCE WITH ARTICLE 33 OF PROTOCOL 1 OF THE SAID CONVENTION , TO TAKE THE MEASURES REQUIRED TO IMPLEMENT THAT DECISION ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   DECISION NO 1/81 OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE ANNEXED TO THIS REGULATION SHALL APPLY IN THE COMMUNITY .   ARTICLE 2   THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   IT SHALL APPLY FROM 1 JANUARY UNTIL 31 DECEMBER 1981 .   THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .   DONE AT LUXEMBOURG , 9 APRIL 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI ****  ( 1 ) OJ NO L 347 , 22 . 12 . 1980 .    DECISION NO 1/81 OF THE ACP-EEC   CUSTOMS COOPERATION COMMITTEE   OF 12 FEBRUARY 1981   DEROGATING FROM THE DEFINITION OF THE CONCEPT OF  ' ORIGINATING PRODUCTS '  TO TAKE ACCOUNT OF THE SPECIAL SITUATION OF MALAWI AND KENYA WITH REGARD TO CERTAIN ITEMS OF FISHING TACKLE ( FISHING FLIES )   THE CUSTOMS COOPERATION COMMITTEE ,   HAVING REGARD TO THE SECOND ACP-EEC CONVENTION SIGNED IN LOME ON 31 OCTOBER 1979 ( 1 ) ( HEREINAFTER REFERRED TO AS ' THE CONVENTION ' ),   WHEREAS ARTICLE 30 OF PROTOCOL 1 TO THE CONVENTION , CONCERNING THE DEFINITION OF THE CONCEPT OF ' ORIGINATING PRODUCTS '  AND METHODS OF ADMINISTRATIVE COOPERATION , MAKES PROVISION FOR DEROGATIONS TO BE MADE FROM THE RULES OF ORIGIN BY THE CUSTOMS COOPERATION COMMITTEE , IN PARTICULAR TO FACILITATE THE DEVELOPMENT OF EXISTING INDUSTRIES OR THE CREATION OF NEW INDUSTRIES ;   WHEREAS THE AFRICAN , CARIBBEAN AND PACIFIC STATES ( ACP ) HAVE SUBMITTED A REQUEST FOR A DEROGATION FROM THE DEFINITION SET OUT IN PROTOCOL 1 FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA UNTIL 31 DECEMBER 1981 ;   WHEREAS THE POSSIBILITIES OFFERED BY THE CUMULATION SYSTEM ON ORIGIN HAVE NOT PROVIDED A SOLUTION TO THE ORIGIN PROBLEM FOR ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI AND KENYA ;   WHEREAS A DEROGATION FOR 1980 HAS ALREADY BEEN GRANTED ;   WHEREAS ANY DEFLECTION OF TRADE SHOULD BE AVOIDED ; WHEREAS THIS CAN BE ACHIEVED BY FIXING A MAXIMUM PERCENTAGE OF NON-ORIGINATING PRODUCTS INCORPORATED IN THE FINISHED PRODUCT ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   BY WAY OF DEROGATION FROM THE PROVISIONS OF PROTOCOL 1 , ITEMS OF FISHING TACKLE MANUFACTURED IN MALAWI OR KENYA , FALLING WITHIN CCT HEADING NO EX 97.07 ( ' FISHING FLIES ' ) SHALL BE CONSIDERED AS ORIGINATING IN MALAWI OR KENYA PROVIDED THAT THE VALUE OF THE NONORIGINATING FISH-HOOKS USED FOR THEIR MANUFACTURE AND FALLING WITHIN CCT HEADING NO EX 97.07 DOES NOT EXCEED 25 % OF THE VALUE OF THE FINISHED PRODUCT .   ARTICLE 2   THE COMPETENT AUTHORITIES OF THE REPUBLIC OF MALAWI AND THE REPUBLIC OF KENYA SHALL FORWARD TO THE COMMISSION EVERY QUARTER A STATEMENT OF THE QUANTITIES IN RESPECT OF WHICH MOVEMENT CERTIFICATES EUR.1 HAVE BEEN ISSUED PURSUANT TO THIS DECISION , INDICATING THE MEMBER STATES OF DESTINATION .   ARTICLE 3   THE ACP STATES , THE MEMBER STATES AND THE COMMUNITY SHALL BE BOUND , EACH TO THE EXTENT TO WHICH IT IS CONCERNED , TO TAKE THE MEASURES NECESSARY TO IMPLEMENT THIS DECISION .   ARTICLE 4   THIS DECISION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .   IT SHALL APPLY UNTIL 31 DECEMBER 1981 .   DONE AT BRUSSELS , 12 FEBRUARY 1981 .   FOR THE CUSTOMS COOPERATION COMMITTEE   THE CHAIRMEN   F . KLEIN    A . RAOUL