CELEX: 51993PC0555
Language: en
Date: 1993-11-25
Title: Proposal for a COUNCIL DECISION amending Council Decision 91/482/EEC of 25 July 1991 on the association of overseas countries and territories with the European Economic Community

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                         COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                             COM(93) 555 final
                                                                           Brussels, 25 November 1993
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                                    REPORT FROM THE COMMISSION TO THE COUNCIL
                                    on the implementation of the OCT-EEC trade arrangements
                                   (report referred to in Article 240(2) of Decision 91/482/EEC)
                                                            Proposal for a
                                                        COUNCIL DECISION
                            amending Council Decision 91/482/EEC of 25 July 1991 on the association
   Flip                    of overseas countries and territories with the European Economic Community
              foil
                                                   (presented by the Commission)
 ppfff
 ---pagebreak---                                               -1-
                             pfPORT FROM THE COMMISSION TO THE COUNCIL
                   on the implementation of the OCT-EEC trade arrangements
              (report referred to in Article 240(2) of Decision 91/482/EEC)
                                                                           Page
    INTRODUCTION                                                              2
    PART 1: ACCESS TO THE COMMUNITY MARKET                                    4
             I.      ANALYSIS                                                 4
           II.       EVALUATION                                               9
    PART 2:           TRANSHIPMENT                                           13
              I. ANALYSIS                                                    13
           II.        EVALUATION                                             13
    PART 3:           DEROGATIONS FROM THE RULES OF ORIGIN                   15
              I.      ANALYSIS                                               15
           II.        EVALUATION                                             17
    CONCLUSIONS                                                              18
                      Annex I    - Details of the arrangements for the OCT
                      Annex II   -  council declarations
                      Annex III -   III.l   Trade balances
                                    111.2   SITC tables
                                    111.3   Combined Nomenclature
                     Proposal     for   a    Council       Decision  amending         Council
    D e c i s i o n 91/482/EEC on the a s s o c i a t i o n of overseas c o u n t r i e s and
    t e r r i t o r i e s with the European Economic Community
(2)
 ---pagebreak---                                  - 2 -
                             INTRODUCTION
1. Council Decision 91/482/EEC of 25 July 1991 on the association of
   the overseas countries and territories with the European Economic
   Community* affords all products originating in the OCT free access
   (with no customs duties, levies or quotas). Before the new
   Decision on association came into force at the end of
   September 1991, agricultural products had been covered by
   preferential arrangements identical to those applying to ACP
   countries.
   This innovative access arrangement brought concessions wider than
   any previously granted by the Community in its numerous agreements
   with third countries. It was agreed, along with many of the new
   aspects of this area, following the lengthy discussions associated
   with the adoption of the Decision, on a Commission proposal to the
   Council^.
2. The new features of the trade arrangements include:
   -    the abolition of import duties and other CAP levies (except
       those on rum) which used to apply to the OCT and which may
        still apply to the ACP countries (ACP and OCT arrangements now
        no longer parallel each other);
   -    the changes to the rules of origin brought in by the fourth
        Lomé Convention;
        the introduction of transhipment arrangements.
   Annex I contains details of these arrangements.
3. Because the concessions were unprecedented, the Council added a
   review clause to the end of the Decision ( Article 240(2) ):
   "By 31 December 1993, the Council shall have examined, on the basis
   of a report from the Commission, the implementation of the trade
   regime mechanisms, in order to review the said mechanisms should
   examination show that they have failed to fulfil their objective of
   economic and social development of the OCT, in particular in the
   light of investment development, or that they have led to
   deflection of trade."                   f
   In addition, a number of declarations were incorporated into the
   Council minutes, including declarations 3 to 6 on the trade
   arrangements (see Annex II).
 1  OJ L 263, 19.9.1991.
2   COM (90) 387, 25.9.1990.
 ---pagebreak---                                   3 -
4. The purpose of this report is to examine the operation of the trade
   arrangements. The examination has been performed in the following
   manner :
   (a) by making a statistical analysis of the pattern of trade for
       each OCT and by checking for links between any variations
       detected in 1992 and the operation of the new trade concessions
       (part 1);
   (b) by checking to see whether or not the new transhipment
       arrangements are being used, and by evaluating their economic
       effects (part 2);
   (c) by examining the use made of opportunities for derogations from
       the rules of origin, and by evaluating their economic effects
       (part 3).
   Evaluation of economic effects in the OCT and the Community was
   guided by the considerations set out by the Council in
   Article 240(2) .
   Where warranted, this evaluation puts forward practical changes to
   the trade arrangements required:
   -   if the trade mechanisms prove not to have complied with their
       goal of achieving social and economic development in the OCT;
       if the trade mechanisms have led to deflection of trade which
       might harm the operation of the internal market.
 ---pagebreak---                                 - 4 -
                               PART 1
                   ACCESS TO THE COMMUNITY MARKET
I. ANALYSIS OF ACCESS ARRANGEMENTS
5. First and foremost, it should be borne in mind that all the OCT
   have a substantial trade deficit with the Community. This
   structural imbalance, which typifies their economies, is one which
   the new Decision on association has attempted to tackle (see OCT
   trade balances in Annex III.1).
6. The statistical analysis of imports into the community from the OCT
   covered a period of five to six years. This made it possible to
   spot variations which occurred after Decision 91/482/EEC came into
   effect.
   The observations which follow begin with an overall description of
   the pattern of trade, and then highlight significant variations or
   the appearance of new products. If the operation of the new trade
   arrangements has anything to do with the changes, this is pointed
   out.
7. It should be remembered that Eurostat figures make no distinction
   between imports under the preferential OCT arrangements and those
   which fall outside them.
   Other figures were disregarded because, as subsequent checking
   demonstrated, they reflected items re-exported rather than
   produced. This is usual in the case of vehicles or craft (planes,
   boats, etc.), which are recorded as exports when sold abroad or
   exported temporarily for repair.
8. The tables for each OCT can be found in Annex III:
       Annex III.2: SITC data (UN standard International Trade
       Classification);
       Annex III.3: Combined Nomenclature.
   Observations and explanations relating to each OCT are grouped by
   the country of which they are dependencies (UK, France or the
   Netherlands).                           ,
   In the case of Greenland, because most of its exports are
   fisheries-related, no flows of trade specific to the new
   arrangements were detected.
 ---pagebreak---                                  -  5 -
A.  UK t e r r i t o r i e s
9. Anguilla
    In contrast to 1991, an enormous increase in overall trade occurred
    in 1992 (disregarding 1989, when a large quantity of "manufactures"
    was recorded), though the figures remained modest in absolute
    terms.
    The major reason for this was the dramatic rise in figures for
    "machines and transport equipment", which accounted for most of the
    total. More specifically, the category involved is "electronic
    machinery NES" (ECU 1 224 000).
    The "coffee, tea, cocoa, spices" category moreover made a strong
    showing in the second half of 1991 and the first quarter of 1992.
10. Cayman Islands
    In this case too, a sharp increase in total trade occurred because
    of a rise in figures for "transport equipment", notably in the
    "other transport equipment" subcategory, which accounted for most
    of the total (see point 7 above).
    "Food" exports, particularly "fish, shellfish and preparations",
    dropped to approximately half their previous level, after
    increasing in 1990 and 1991.
    Figures for "miscellaneous manufactured goods", however, increased
    substantially in the second half of 1992. This was the case
    particularly for "manufactured goods NES".
11. British Virgin Islands and Monserrat
    Overall trade, which remained modest, was higher in relative terms
    in 1992 than in the three preceding years. Chiefly responsible for
    the increase were "machines and transport equipment", notably
    "electric machinery NES" (ECU 1 684 000), which also registered an
    increase in 1992.
    Chemicals, which made a minimal appearance before 1992, showed a
    sharp rise in that year, mainly because of "aromatic oils for
    perfume-making" (ECU 664 000).
    "Food" exports, particularly "fish, shellfish and preparations",
    declined.
12. Turks and caicos
    Overall trade in 1991, though it remained very modest, did double
    by comparison with 1990. in 1992 it was eight times the 1991
    level.
    The cause of the increase was a growth in exports of "miscellaneous
    manufactured goods", particularly "clothing". This subcategory had
    already posted an increase in 1991, but the trend did not become
    pronounced until 1992, and more specifically the first nine months
    of the year.
 ---pagebreak---                                  - 6 -
    It should be pointed out, however, that the statistics relating to
    imports of "clothing" into the Community (SITC and CN figures
    alike) are completely at odds with the Turks and Caicos Islands'
    own figures, in which "textiles and textile articles" do not make a
    significant showing.
    Although it represented a small portion of overall trade, the
    "manufactures" category was prominent in 1991 and 1992.
13. We conclude, in the light of the products considered (which already
    had free access to the Community market under previous Decisions on
    association) and/or the variations detected, that the trade flow
    changes are unconnected with the new Decision on association.
B.  French OCT
14. Mayotte
    Overall trade, which is at a very low level, has been relatively
    stable over the past five years.
    Exports of "foods", particularly "coffee, tea, cocoa, spices", had
    begun to rise in 1991 and increased significantly in 1992.
15. New Caledonia
    The rise in overall trade, which peaked in 1989, gave way to a
    decline, which continued in 1992.
    The pattern was due largely to exports of "manufactures",
    particularly "iron and steel".
    Despite the general decline, exports of "fish, shellfish and
    preparations" increased substantially in 1991 and 1992.
16. French Polynesia
    Overall trade continued at a relatively low level in 1991 and 1992.
    The absolute figures were very low, not even reaching one-tenth of
    the figures for New Caledonia.
    "Food" exports, particularly "fish, shellfish and preparations",
    have been fairly weak since 1988.
    Information gathered on the ground by the Commission departments
    indicates emerging trends which should be reflected in the 1993
    figures for French Polynesia (tropical fruit and flowers, which had
    largely gained free access by 1991).
17. We conclude that nothing indicates that specific use has been made
    of the new opportunities offered by the trade arrangements in the
    latest Decision on association.
 ---pagebreak---                                      - 7 -
C.  N e t h e r l a n d s OCT
18. Netherlands Antilles
    Overall trade increased substantially in 1991, chiefly thanks to
    "petroleum and products" and "other transport equipment".
    These two categories of exports declined in 1992, reducing the
    overall trade figures, which none the less remained high by
    comparison with the 1987 to 1991 average. This occurred mainly
    because of the sharp increase in "food" exports.
19. The most prominent export subcategory was "cereals and
    preparations", which, 1991 apart, had been insignificant until the
    first half of 1992. The value of such exports rose to
    ECU 18 357 000 during the second half of 1992.
    This sum represents exports of rice, divided into 12 245 000 of
    husked (cargo or brown) rice, and 6 112 000 of "partially or wholly
    milled rice". The rice in question is grown in ACP countries
    (Suriname and Guyana), imported into the Netherlands Antilles and
    re-exported to the community.
20. Two separate instances of this have occurred:
            rice which had undergone partial milling in the Netherlands
            Antilles acquired OCT origin on the basis of Articles 6 and 7
            of Annex II to the Decision on association, and could be
            imported free of levies under the new trade arrangements;
            husked rice could not comply with Articles 6 and 7, could not
            acquire OCT origin and therefore attracted a levy.
21. In quantity terms, there are some extra imports into the Community,
    since the products in question were traditionally exported directly
    by suriname and Guyana under the Lomé Conventions (125 000 t ) .
    Decision 91/482/EEC provided easier access for them (160 000 t
    between October 1992 and October 1993).
22. The "fruit and vegetables" subcategory of exports, also
    insignificant in the past, rose sharply to a value of ECU 660 000
    in the second half of 1992, entirely as a result of exports of
     "orange juice", information gathered locally indicated that the
    consumers of the juice were mainly Dutch expatriates in the
    Netherlands Antilles.
 ---pagebreak---                                   - 8 -
    The figures available do not show whether such imports:
         occurred outside the scope of the preferential arrangements
         (i.e. with the duty applicable to imports from third countries
         being charged);
         or were governed by the rules of origin specific to heading ex
         2009.4
    It should be borne in mind that the Netherlands Antilles
    authorities subsequently (end of January 1993) made a request for a
    derogation from the rules of origin for orange juice obtained from
    concentrate imported from third countries. This was then withdrawn
    (see Part 3, II.C).
23. Aruba
    Overall trade increased substantially in 1991, mainly because of
    exports of "petroleum and products". Exports of "miscellaneous
    manufactured goods" also increased substantially, chiefly because
    of the "footwear" subcategory (ECU 417 000). A similar increase
    occurred with "machines and transport equipment". significant
    results were achieved for the first time for "aromatic oils for
    perfume-making". "Food" exports fell, however, continuing a trend
    which had begun in 1989, mainly because of the "coffee, tea, cocoa,
    spices" subcategory.
    The trend of the previous years continued in 1992, but the overall
    level of trade, though still high, was lower than in 1991. Exports
    of "petroleum and products" and "machines and transport equipment",
    in particular, declined. The same occurred with "miscellaneous
    manufactured goods", with the "footwear" subcategory disappearing,
    though exports of "clothing" increased, as did "aromatic oils for
    perfume-making".
    Another subcategory which made an appearance in 1992 was "rubber
    manufactures NES".
24. We conclude, in the light of the products considered and the
    variations detected, that the new features of the Decision on
    association do not in general seem to have influenced trade flows
    between Aruba and the Community (industrial goods down in 1992).
25. On the other hand, the variations detected for "cereals and
    preparations" from the Netherlands Antilles do seem to result from
    the new trade arrangements. In the past, rice originating in the
    ACP countries and OCT attracted a 50% levy reduction within a
    single tariff quota (125 000 t expressed as husked rice), provided
    that the remaining 50% was paid in the form of an export charge.
    In practice, the only exports came direct from Suriname and Guyana,
    since processing in an OCT brought no tariff advantages and in fact
    entailed extra costs.
     "Manufacture in which all the materials used are classified in a
    heading other than that of the product, provided the value of any
    materials of Chapter 17 used does not exceed 30% of the ex-works
    price of the product." (OJ L 263, 19.9.1991, p. 88).
 ---pagebreak---                                      - 9-
    26. The new market access opportunities provided by the abolition of
        levies on rice originating in the OCT, along with the availability
        of raw materials which, thanks to the retention of cumulation of
        origin between ACP and OCT, could be used within the region (see
        Annex I pp.I.2 and 1.4), lay at the root of the new rice exports.
    II. EVALUATION OF ACCESS ARRANGEMENTS
    27. The observations found above show that in the case of most of the
        OCT the pattern of trade with the Community and current investment
        have undergone no significant structural changes attributable to
        the new trade arrangements adopted in mid-1991.
        This situation should be examined in the light of the two criteria
        set out in Article 240: economic and social development in the OCT
        (notably investment and employment), and the possibility of
        deflection of trade.
    A.  DEVELOPMENT AS AN AIM
    28. Firstly, it is impossible to imagine arrangements affording more
        open access than that already available; secondly, it would seem
        hasty to conclude from the figures available that the trade
        arrangements have failed in their aim of securing development and
        that they should therefore be changed.
        It must be considered that:
        (a) The statistics and additional information collected cover only
            a year and a half, a very short space of time;
        (b) Economic operators are still not familiar with the new
            opportunities open to them, despite the fact that the
            authorities of the territories and the Commission delegates
            have distributed the legislation, and despite the fact that
            seminars have been held locally.5
        (c) Investment decisions for new exports are often a long time in
            coming, particularly during a worldwide recession.
        At the request of the OCT authorities, seminars on the new Decision
        on association were conducted (with representatives of the
        Commission in attendance) from September 1991 in the Netherlands
        Antilles and Aruba, and in July 1992 in New Caledonia and French
        Polynesia. A third seminar has been scheduled for November 1993
        for the five UK OCT and the two Dutch OCT in the Caribbean.
(3)
 ---pagebreak---                                  - 10 -
23. The only significant example of the new arrangements being put to
    use (rice in the Netherlands Antilles) does in fact demonstrate
    that they are amply suited to promoting economic and social
    development in the OCT. According to material received from the
    office of the Permanent Representative of the Netherlands, two
    firms (in Bonaire and Curaçao) process husked rice into partially
    milled rice:
         the effect on employment (total population approx. 200 000) has
         been 120 jobs (direct and indirect) in Bonaire, and 155 jobs in
         Curaçao;
         investment under way or planned for 1993 is USD 1 330 000 (in
         the case of Bonaire) and USD 4 410 000 (in the case of
         Curaçao), with USD 2 800 000-worth already complete
         (January 1993 figures);
         over time, the capital generated by this industry could have a
         substantial effect on the development of the territory if it is
         used in local production.
B.  DEFLECTION OF TRADE
30. Although the observations above indicate that the new trade
    arrangements have contributed to development in one OCT, the same
    example demonstrates that the new flow of levy-free imports which
    has arisen has disrupted part of the agricultural market in the
    Community. As a result, the Commission was forced to adopt
    safeguard measures (under Article 109 and Annex IV to the Decision
    on association). It later relaxed the measures as a result of
    market trends, then repealed them.^
31. Looking at the case, it becomes apparent that this disturbance of
    the market can be attributed to the fact that levy-free access
    allows products into the Community at prices below the prices which
    the Community guarantees to producers, whereas the annual fixing of
    common prices by the Council is what enables the aims of the common
    agricultural policy to be achieved.
    Not applying the levy consequently threatens to create a clash
    between two Community policies: development policy and the common
    agricultural policy.
32. These imports have also held consequences for the Community
    processing industry. OCT exports of rice grown in Suriname and
    Guyana have changed Community importers' traditional lines of
     supply, and some of them no longer have access to their usual
     sources.
    Decision 93/127/EEC, OJ L 50, 2.3.1993, p.27.
    Decision 93/211/EEC, OJ L 90, 14.4.1993, p.36.
     Decision 93/356/EEC, OJ L 147, 18.6.1993, p.28.
     The Netherlands Government and a number of operators have, however,
    made legal appeals against the Commission decisions (cases
     C-265/93, C-271/93 and C-281/93, OJ C 171, 22.6.1993, pp. 10, 11 &
     12). Case C-265/93 was later withdrawn by the Netherlands
     Government.
 ---pagebreak---                                    - 11 -
    The relatively low yield of partially milled rice from the OCT,
    rice which is not at present exported in the form of wholly milled
    rice, though this is technically entirely possible, has meant that
  ' there has so far been no drop in processing contracts for the
    Community industry as a whole, it has only resulted in transfers of
    internal orders.
33. There have, moreover, been no imports of Netherlands Antilles rice
    into the overseas Departments, 00 there has been no disruption of
    the latters' markets, which, being 00 small, would be particularly
    vulnerable, it therefore seems that the spirit of Council and
    Commis a ion declaration Mo 4 (see Annex II) has been adhered to.
C.  POSSIBLE ADJUSTMENTS
34. The current arrangements already include a method of preventing
    disruption of the community market, in the form of the safeguard
    alause (Article 109 of the Decision).
    its role as a special provision for use in a temporary crisis
    means, however, that it is designed to cope with emergencies, and
    not a deep-seated conflict between two Community policies.
    Furthermore, it cannot easily coexist with the need for stability
    and predictability demanded by successful development of trade.
    As a consequence, provision should be made for the current
    arrangements to be added to.
35. There are a number of options for solving the clash between
    development policy for the OCT and the common agricultural policy1
     (a) Abolishing ACF-OCT cumulation
         in the case which gave rise to the clash in question, the root
         of the problem was the use of the ACP-OCT cumulation rule. The
         clash could be resolved by eliminating this opportunity for
         cumulation, and it is accurate to say that the facility had
         always been intended for use by partners with identical
         arrangements for accès0 to the Community market.
         Getting rid of cumulation would provide only a partial solution
         to the underlying problem, since it would leave open the issue
         of products grown in an OCT. solutions with a more general
         scope therefore need to be found.
     (b) Applying levies across the board
         This would be much more restrictive than the previous
         preferential arrangements, which had not caused any disruption
         of the market. It would also be the situation which exists for
         third countries, something which would run counter to the very
         principle of the OCT association.
     (c) use of a reduced levy
         Applying a reduced levy, possibly in combination with
         quantitative limits, to sensitive agricultural products from
         the O C T could ensure simultaneously that the objectives of the
         CAP were not harmed and that there was a degree of preference
         by comparison with the full levy to which third countries were
          subject.
 ---pagebreak---                              - 12 -
    This option holds substantial disadvantages, however. It would
    mean going back on the Decision's principle of exemption from
    all import charges.
(d) introducing (under certain circumstances) reference prices for
    GAP products to which guaranteed prices apply
    Regular monitoring of trade in the products in question takes
    place within the framework of the partnership referred to in
    Article 235 of the Decision.
    if there is a threat of disruption of trade in such products
    between the OCT and the Community, and the Commission
    accordingly considers steps to avert that threat, the
    partnership arrangements dictate that the Commission's draft
    measures must be discussed in special prior consultations.
    This option would be compatible both with the aims of the CAP
     (by ensuring price stability on the market) and with the aims
    of development policy (by providing OCT exporters with stable,
    predictable and advantageous market-access conditions).
    The commission accordingly proposes this option.
 ---pagebreak---                                  - 13 -
                                 PART 2
                              TRANSHIPMENT
I. ANALYSIS OF THE TRANSHIPMENT SITUATION
36. The details of this new element of the trade arrangements can be
    found in Annex I.
    Transactions of this kind do not appear, and have no reason to
    appear, in the figures for imports into the community originating
    in the OCT. A product "transhipped in the unaltered state" in an
    OCT will, for statistical purposes, continue to appear in the
    figures relating to the third country in which it originated.
    For this reason, the Commission delegations in the OCT sought
    information from the latters' customs authorities, which were in
    the best position to tell whether or not the transhipment procedure
    had been used.
37. The only example found was that of shoes originating in Venezuela,
    transhipped in Curaçao (Netherlands Antilles) and imported into the
    United Kingdom.
    In 1991 (according to SITC figures), shoes worth ECU 291 000 were
    imported into the Community. This dropped to ECU 4 000 in 1992,
    when transhipment was first used for shoes.
38. It is interesting to note that imports of shoes from nearby Aruba
    had been at a particularly high level in 1991, only to "disappear"
    in 1992 (see Part 1, I.C above).
    It is possible, though not provable, that use may have been made of
    the new transhipment arrangements in Aruba as well, and that shoes
    were therefore no longer recorded in the figures. The likelihood
    of this having happened is great, given that this phenomenon
    occurred for the same item in the same year (1992) and within a
    small geographical area (Netherlands Antilles and Aruba).
II. EVALUATION OF THE TRANSHIPMENT SITUATION
39. The only case detected seems to be compatible with the aim of
    promoting economic and social development in the OCT, though its
    effects are still limited.
    The main benefit was probably a transfer of revenue from the
    Community budget to that of the Netherlands Antilles, as the
    customs duties would have been paid to the latter (maximum CCT rate
    for shoes - code 6404 - is 20%).
 ---pagebreak---                                  - 14 -
    In addition, the goods will have generated income for the port
    authorities and for the shipping lines or airlines plying the route
    between Curaçao and the Community rather than the direct route from
    Venezuela.
    It should be remembered that all the OCT have a substantial trade
    deficit with the Community (see Annex III.1). For this reason, it
    is customary for "return freight" to be cheap, and this is a
    possible explanation for the advantage of using transhipment and
    making use of the available cargo space to export products
    originating in the OCT.
40. The risk of deflection of trade is covered by the arrangements
    themselves, since the customs tariff must be collected in the OCT
    and this fact proven by the EXP certificate established for that
    purpose and found in Annex III to Decision 91/482/EEC.
41. In conclusion, the principle of the two objectives seems to have
    been adhered to, and the experience of a single case is not
    sufficient to justify changing the arrangements.
 ---pagebreak---                                  - 15 -
                                 PART 3
                  DEROGATIONS FROM THE RULES OF ORIGIN
I. ANALYSIS OF THE DEROGATION PROCEDURE
42. Under Article 30 of Annex II to the Decision, applications may be
    made for temporary derogations to allow products which do not
    comply with the origin rules preferential treatment in order to
    encourage new investment in the OCT. The derogation procedure is
    based on two principles :
        that of promoting production, investment and employment in the
        OCT;
        that of preventing serious injury to Community industry.
    Details of the main improvements introduced by Decision 91/482/EEC
    with regard to automatic derogations can be found in Annex I.
    Only the Netherlands Antilles have so far used the derogation
    procedure. Since Decision 91/482/EEC entered into force, the
    following requests have been received:
A.  Pullovers
43. On 24 March 1992, the Commission adopted a Decision derogating from
    the definition of the concept of originating products for ladies•
    knitted pullovers.^
    The Government of the Netherlands Antilles had sought this
    derogation for pullovers made up from non-originating pieces of
    knitted fabric, a process which did not comply with the rules of
    origin applying to clothing or with Annex II of the Decision on
    association.
    The aim of the derogation is to promote the establishment of a
    textile industry in the Netherlands Antilles and lead to a
    large-scale programme of investment, without, however, causing
    serious injury to Community industry.
    The effect of the derogation would be a diversification of the
    local economy and a reduction of the high unemployment rate. It
    covers a limited quantity and will remain in force for three years,
    with a possible two-year extension.
44. The request made by the Kingdom of the Netherlands indicates that
    the initial phase of production would create approximately forty
    jobs.
    The financial value of the investment is not known, however.
    Decision 92/197/EEC, OJ L 88, 3.4.1992, p.63.
 ---pagebreak---                                  - 16 -
45. Two new features introduced by Decision 91/482/EEC had a positive
    effect in connection with the request for a derogation for
    pulloversi that the derogation would be granted automatically if
    the quantities in question did not exceed 1% of imports into the
    community, and that a decision would be taken within sixty days of
    the request being submitted (Article 30(7) and 30(8)).
B.  videocas aettes
46. On 6 November 1992, the Commission turned down the Netherlands
    Antilles* request for a derogation from the definition of the
    concept of originating products for pre-recorded vidéocassettes8
    on the grounds that the conditions for a derogation had not been
    met.
    The Kingdom of the Netherlands sought to have the commission's
    refusal overturned, primarily on procedural grounds (failure to
    produce a decision within sixty days).9
47. The refusal was justified by the sensitive nature of the product
    and the considerable quantities involved, and based on the new
    wording of Article 30(1), which explicitly refers to the risk of
    serious injury to the community industry as grounds for refusal.
48. Also considered was the small contribution which this operation was
    expected to make to economic developmenti the approximate fpreaasts
    were 49 jobs and USD 5 million of investment.
    It was furthermore not established that the rules of origin could
    be complied with over the longer term.
49. These two criteria are taken in conjunction with those set out by
    the Council in Article 240(2) of the Decision on association.
c   Orange juice
50. ay letter of 20 January 1993, the Government of the Netherlands
    Antilles requested a derogation for exports of orange juice made
    from frozen juice concentrate produced in third countries.
    By letter dated 8 February, the office of the Permanent
    Representative of the Netherlands asked that the Committee on
    Origin's vote on the matter be postponed, on the grounds that all
    the details needed for the case to be considered were not
    available »
    The case has since been closed. Any further material submitted by
    the Netherlands Antilles will be treated as a new request.
8    Commission Decision C(92)2655 (final).
9    case   C-430/92,   recorded   by   the   Court   of    Justice   on
     23 December 1992.
 ---pagebreak---                                      - 17 -
    II. EVALUATION OF THE DEROGATION PROCEDURE
    51. The policy of granting automatic derogations for limited quantities
        helped to push through the decision to invest in an OCT (the case
        of the pullovers), without giving rise to any discernable negative
        change in the Community's foreign trade.
    52. Thanks to case-by-case examination and the precautions included in
        the current rules, notably the reference to serious injury to
        Community producers, no deflection of trade has been detected.
        In the case of the pullovers the risks were considered minimal in
        the light of the small quantity involved and the short duration of
        the derogation.
    53. The introduction of the Management Committee procedure to handle
        derogations went smoothly, and in fact simplified administrative
        matters without endangering examination of the cases.
    54. We would conclude that the new features relating to derogations
        have served the aims set out, and that no changes are necessary.
(4)
 ---pagebreak---                                   - 18 -
                                CONCLUSIONS
55. As Article 240(2) of the Decision on association states, this
    report is intended to enable the Council, by 31 December 1993, to
    assess, on the basis of the two fundamental criteria for analysis,
    the need for any review of the mechanisms of the new trade
    arrangements.
    Against this background, and in the light of the analysis set out
    above, the commission considers:
         that the trade arrangements adopted in mid-1991 should be
         retained to enable what are still new mechanisms to continue
         operating and thus further the development aims of the
         association between the OCT and the Community;
         that there is a fundamental clash between two Community
         policies arising from the fact that free access is being given
         to products originating in the OCT which would, in the
         community, be governed by market organizations.
56. The community accordingly proposes to introduce a special procedure
    for CAP products afforded free access if they come from the OCT but
    admitted under other arrangements if governed by the Lomé
    Convention.
    Under this procedure, the council would allow the Commission to
    establish reference prices for imports of OCT products of this
    type, setting them at a level which was compatible with the aims of
    the CAP but which also afforded the OCT the opportunity to export.
    once reform of the common Agricultural Policy is completed and the
    results of the multilateral trade negotiations are known,
    implementation of the trade arrangements for agricultural products
    should, and indeed must, be examined*
57. The commission would like to take advantage of the submission of
    this report to the council to clarify the wording of Article 101(1)
    of the Decision on association.
    The amendment would be timely in view of the entry into force of
    the new community customs Code on 1 January 1994,*° particularly
    Article 4(10), which defines import duties:
     "(10)    •import duties• means :
             customs duties and charges having an effect equivalent to
             customs duties payable on the importation of goods,
              agricultural levies and other import charges introduced
              under the common agricultural policy or under the specific
              arrangements applicable to certain goods resulting from the
              processing of agricultural products."
 10  council Regulation (EEC) No 2913/92 of 12 October 19921 OJ L 302,
     19.10.1992.
 ---pagebreak---                              - 19 -
By contrast, Article 101(1) of Decision 91/482/EEC refers only to
exemption from "customs duties and charges having equivalent
effect": incorporating the new definition would bring the community
texts into line, since it is clear that the free access which the
Counail has granted to the OCT includes exemption from CAP charges.
 ---pagebreak---                                  ao
                                                           i-i
                                                          Annex 1
                          New trade arrangements
Trade arrangements prior to 1991
Under Decision 86/283/EEC on the association of the OCT with the EC, 1
which preceded Decision 91/482/EEC, the trade arrangements were the
same as those in the third Lomé Convention:
(a) exemption from customs duties for imports of:
         industrial products originating in the OCT, with the exception
         of rum, which was subject to a tariff quota until
         31 December 1995;
         agricultural products whose importation was not subject to any
         Community measure other than customs duty;
(b) for imports of other agricultural products, treatment more
    favourable than that accorded to third countries, but not total
    relief (e.g. reduced levy, see Regulation (EEC) No 715/90); 2
(c) the above arrangements applied to products complying with rules of
    origin (see Annex II) identical to those in Protocol No 1 to
    Lomé III.
As the trade provisions and origin rules were the same, cumulation was
always allowed for the ACP and OCT together.
The ACP/OCT rules of origin are summarized on pp. 3 et seq. of this
Annex.
Trade arrangements since 1991
Decision 91/482/EEC introduced a number of new features which brought
an end to this symmetry in treatment:
 1   OJ No L 175, 1.7.1986.
 2   OJ NO L 84, 30.3.1990.
 ---pagebreak---                                  M
                                                         1-2
(a) Duty-free access (Article 101(1))
    Under Article 101(1), all products originating in the OCT,
    including those subject to preferential duties under Lomé IV, are
    allowed duty-free access to the Community market.
    The sole exception is rum, which continues to be subject to the
    annual quota until 31 December 1995 (Article 111 and Annex V ) .
(b) Rules of origin (Annex II)
    The rules of origin incorporate the Lomé IV improvements
    (relaxation of added-value percentage rules, chartering of fishing
    vessels, increase in value tolerance from 5% to 10%, improved
    derogation procedure), plus two new criteria allowing automatic
    derogations in the case of:
        products which are not sensitive for the Community, and
        products which are sensitive, provided the derogation would not
        apply to a quantity exceeding 1% of Community imports
        (Article 30(7)(b)).
    Although there is no longer total ACP/OCT symmetry, note that the
    cumulation rules still apply, subject to an amendment excluding the
    simplest forms of working (Articles 6 and 7 ) .
(c) Transhipment (Article 101(2) and (3) and Annex III)
    Article 101(2) allows duty-free access for third-country products
    not originating in the OCT which are re-exported from the OCT in
    the unaltered state, provided duties equivalent to or greater than
    the community duties were paid on them when they were admitted to
    the OCT.
    Article 101(3), however, stipulates that these provisions do not
    apply to:
        products subject to the CAP or certain goods resulting from the
        processing of agricultural products;
    -   products subject to quantitative restrictions or limitations on
        import into the community;
        products subject to anti-dumping duties on import into the
        Community.
    There is no comparable provision in any of the Community's other
    preferential arrangements, which relate purely to products
    originating in the territories concerned. In this case, the
    provision is more like those found in the context of a customs
    union.
 ---pagebreak---                                  IL
                                                         1-3
                     SUMMARY OF OCT RULES OF ORIGIN
                   (Annex II to Decision 91/482/EEC)
The purpose of the rules of origin is to ensure that the preferential
arrangements provided for in the Decision benefit the OCT for whom they
are intended, and are not abused by third countries.
The rules are based on the following principles :
1. Wholly-obtained products
    Products wholly obtained in the OCT, i.e. not incorporating
    imported raw materials, parts or components, are always regarded as
    originating in the country or territory concerned, e.g. unprocessed
    plant products or minerals (Article 2).
    Electricity, fuel, plant and equipment etc. used in manufacture do
    not affect the origin of the manufactured products, irrespective of
    their own origin (Article 4).
    Special rules are laid down for fishery products, depending on
    whether catches are taken in OCT territorial waters or on the high
    seas and depending on adherence to the conditions concerning
    vessels (Article 2(2), (3) and (4)).
2.  Minimum working or processing
    Third-country products which undergo only certain minor types of
    working or processing in the OCT, such as changes of packaging,
    mixing, assembly etc., exhaustively listed in Article 3(3), are
    never regarded as originating products, except possibly in the
    context of the cumulation rules (see point 3.3).
3.  Sufficient working or processing
    Products manufactured from third-country materials may acquire
    originating status provided the inputs are sufficiently worked or
    processed in the OCT, the ACP states, or the Community.
3.1 Change of heading rule
    A product is generally deemed to have been sufficiently worked or
    processed if it is classified under a different four-digit tariff
    heading from any of the imported raw materials used in its
    manufacture (the change-of-heading rule) - (Article 3(1)).
 ---pagebreak---                                12>
                                                         1-4
3.2 Listed products (special rules)
    However, since the structure of the customs tariff was not
    primarily devised for the purposes of the origin rules, a list of
    exceptions to the change-of-heading rule has been drawn up
    (Article 3(2)). These special rules may impose criteria in addition
    to the change of heading (e.g. a minimum value-added percentage) or
    set a less stringent condition.
    The list is set out in Annex II to the Decision. To apply the rules
    it contains it may therefore be necessary to know not only the
    tariff classification but also the value (a) of the imported raw
    materials and (b) of the finished product.
3.3 Cumulation
    Raw materials wholly obtained in any OCT, ACP State or in the
    Community and all working or processing of third-country materials
    carried out in any of these places count towards the establishment
    of originating status.
    Note that goods of ACP origin will obtain OCT originating status if
    they undergo working or processing in the OCT in excess of the
    minor operations referred to in Article 3(3) - see point 2.
    Otherwise, the goods retain their ACP origin and Lomé Convention
    treatment will be applicable.
3.4 Value tolerance
    Products not strictly satisfying the rules in the Annex may qualify
    for an additional 10% tolerance as to the value of the third-
    country materials used unless the product is already subject to a
    value-added percentage rule in the list (Article 5).
4.  Documentation
    Originating products must be accompanied by a EUR 1 movement
    certificate endorsed by the competent customs authorities of the
    exporting country. The certificate must bear an official stamp,
    notified to the Commission in advance (Articles 12-20 and 25).
    Simplified procedures are applicable in some cases to low-value
    consignments.
    Importing countries can request verification of EUR 1 certificates
    presented to them, particularly in cases where they have grounds
    for believing that they have been falsified or wrongly issued.
 ---pagebreak---                                  *t
                                                        1-5
5. Direct transport
   As a rule goods must be transported direct, i.e. under cover of a
   single transport document, from the OCT of origin to the Community.
   This is in order to prevent substitution or tampering in third
   countries.
   Exceptions to this rule are allowed provided goods remain under
   customs supervision in the third country of transit.
6. Derogations
   The Decision incorporates an undertaking by the Community to grant
   temporary derogations to the origin rules provided these are not
   detrimental to its own industries and that requests are properly
   supported by objective, development-based criteria.
   In this connection the effect on new investment, level of
   development, geographical situation and use of materials from other
   developing countries will all be taken into consideration
   (Article 30).
   In some cases derogations will be granted automatically under
   Article 30(7)(b) and (c), namely:
   (a) in respect of products not identified as sensitive in the
       context of the GSP (i.e. subject to quota or excluded from
       GSP) ;
   (b) where the quantity of sensitive products or materials would not
       exceed 1% of Community imports in those categories,
   and provided that the working or processing carried out in the OCT
   is in excess of the minimum operations listed in Article 3(3) - see
   point 2.
   Requests are deemed to have been accepted if a decision is not
   taken within sixty working days of their receipt by the commission.
   The decision-making procedure is laid down in Decision 90/523/EEC.
 ---pagebreak---        RELATIONS COMMERCIALES PTOM - CEE
                                     Droits de douane TDC
                                Prélèvements agricoles
                                                                  C.E.E.
                                                 LIBRE ACCES POUR     Libre accès
                                                 TOUS PROOUITS        pour les produ
                                                                      industriels
                                                                      régime préférei
                                                                      tiel pour les
                                                                      produits
                                                                      agricoles et
                                                                      transformés
     Produits originaires
     des PTOM
PTOM
 ---pagebreak---                  RELATIONS COMMERCIALES PTOM - CEE
                        - règles d'origine -
                        Art.101 §1 et Annexe II
                                                                 C.E.E,
                                                   LIBRE ACCES
    PTOM                                                                IV
  Entièrement
  obtenu PTOM
V Transformation
  suffisante
                                                                  /
                                                               /
 ---pagebreak---                                                                                       2>
                                                                                 OECISION PTOM
                                  ARBRE LOCIOUE POOR DETERMINER SI UN PROOUIT PEUT ETRE CONSIDERE CO-UE OR.C.NA.RE
                              AU MAXIMUM 4 QUESTIONS PEUVENT ETRE NECESSAIRES POUR OETERW.NER LE STATUT D'UN PRoou.T
   Votre produit o-t-ll 4t4 » n t l ) r « « M obtenu
   «ont lee Ctote ACP. PTOM ou CEEt
   Article 2
               T                             T
              |NON|                         louil                                              T                         »
                                                                                                |        ORIGINAIRE       |
| Votre produit o - t - l l 4t4 eoumle          «oui 6 de«
| ouvreleone e U n l M l e e t A r t i c l e 3 ( S )
              |NON|                         louil                                                I                        i
                                                                                                 |      NOM-ORICINAIRE     |
                                                                                                 I                       I
                I
rI Y o-t-l1                                                     î
             une règle «pacifique concernont votre                |
 | produit dont lo Llate t Annexe 2                               |
 I               .                             .                 I
                I                              I
              |NON|                         louil
                X                         1
  Toutee lee enotleree,parties           |
  ou conpoeont* non—orIglnolretI               Votre produit r e m p l i t - I l
   utllle4e  changent-i le                |    lee condition* dene lo
   de code torIfoire      SH 6            |    LUte T (1)
   4 chiffrée t (1)                       |
                           T
                                             INONI        |0U.|                                     l                       1
                                                                                                    | ORIGINAIRE             |
                                                                                                    I                       I
                                                                                                    | NON-ORICIMAIRE         |
                                                                                                    I                       I
     |NON|               louil                                                                     'I                        1
       T                                                                                             | ORIGINAIRE             |
                                                                                                     I                      I
        I
        I
        L                                                                                            I                        1
                                                                                                     |   NON-OR ICIMAIRC       |
                                                                                                      I                      I
  (1) Eventuellement groce è l« to14ronce de 10 X en valeur de l'Article 5
 ---pagebreak---                                                                              IM
                                          zs
                                                            Annexe I I
                                 DECLARATIONS
                    INSCRITES AU PROCES-VERBAL DU CONSEIL,
                            du 25 Jul I let 1991<1>
3.  Déclaration du Conseil et de la Commission
    La nature spécifique du régime commercial appliqué aux PTOM résulte des
    relations particulières entre la Communauté et ces PTOM, fondées sur
    les dispositions du Traité de Rome et en particulier de sa quatrième
    partie. Ce régime ne peut dès lors être considéré comme un précédent
    pour des pays tiers.
4.  Déclaration du Conseil et de la Commission
    Le régime commercial associant les PTOM aux Communautés européennes ne
    placera pas les produits d'une ou plusieurs réglons ultrapériphériques
    de la Communauté dans une situation moins favorable que celle existant
    pour les produits des PTOM.
5.  Déclaration du Conseil et de la Commission
     Les nouveaux mécanismes du régime commercial convenus dans le cadre de
     la décision d'association feront l'objet, eu égard à leurs complexités,
     d'un examen avant le 31 décembre 1993, selon les procédures et
     objectifs précisés à l'article 240 paragraphe 1 bis.
     Pour la réalisation de ce rapport, la Commission devra être en
     possession de toutes les données statistiques nécessaires pour les 20
     PTOM considérés, données qui s'avèrent actuellement manquantes, notam-
     ment quant aux quantités et valeurs des produits importés dans la
     Communauté au titre de l'article 101 paragraphe 1 et 101 paragraphe 2,
     et aux Investissements réalisés dans les PTOM.
     Les Etats membres dont relèvent des PTOM mettront tout en oeuvre pour
     que les autorités concernées fournissent les données ad hoc qui leur
     seront demandées par la Commission.         '
 6.  Déclaration de la Commission ad article 101. paragraphe 3.
     deuxième tiret
     Les termes "restrictions ou limitations quantitatives" se réfèrent aux
      restrictions quantitatives qui résultent des accords, des arrangements
      d'auto-lImitât ion ainsi que des mesures autonomes applicables aux
      produits des pays tiers à l'Importation dans la Communauté.
 (1) D o c 7557/91 Restreint PTOM 56/FIN 268, du 22.07.1991.
 ---pagebreak---                                       M                                     III-1
                                                          Annexe
                      STATISTIQUES DU COMMERCE PTOM/CEE
                    Il 1.1       Balance commerciale
                    111.2       Importations CEE  CTCI
                    111.3        Importations CEE  N.C.
Les constats sont basés sur les statistiques CTCI, permettant de voir
directement la correspondance des chiffres avec le produit, catégorie et
sous-catégorie (cf. Annexe III.2).
De plus, sont représentées également les Importations principales par
produit (à 2 chiffres) afin de permettre une confirmation, selon la méthode
de la nomenclature combinée (Eurostat), avec 1992 comme année de référence
(cf. Annexe 111.3).
 ---pagebreak---                                                                             III-2
                                       3o
                              BALANCE COMMERCIALE
Commerce total entre ies neuf PTOM étudiés et la CEE (voir partie I)
Les données proviennent du système CTCI et sont présentées pour les trois
dernières années.
 IMP.            importations dans la CEE en provenance du PTOM
EXP.             exportations de la CEE vers le PTOM
B.C.             balance commerciale.
               Importations communautaires en provenance des PTOM
                                        fil
                   exportations communautaires vers les PTOM
                                                              (x 1000 Ecus)
                                  1990             lââl       1992
AngulI la
      Imp                           427              118      1.380
      Exp                         5.739            4.792      2.631
      BC Ptom                     5.306            4.674      1.251
 I les Cayman
      Imp                         9.582           12.617     53.687
      Exp                        35.141           37.788    152.951
      BC Ptom                    25.559           25.171   • 99.264
  I les Vierges
 britanniques
 + Montserrât
       Imp                        2.575            1.826      3.185
      Exp                        17.005           37.563     24.301
      BC Ptom                    14.430           35.737     21.116
 ---pagebreak---                                                                           III-3
                                           ?>>
             Importations communautaires en provenance des PTOM
                                        fil
                 exportations communautaires vers les PTOM
                                                            (x 1000 Ecus)
                                 lââfl             1991     1992
Iles Turks et Cal cos
    Imp                             311              670    5.487
    Exp                          6.492             4.875    4.179
    BC Ptom                  -   6.181         -   4.205 + 1.308
Mayotte
    Imp                          2.607             2.660    2.640
    Exp                         26.426            31.593   34.782
    BC Ptom                  - 23.819          - 28.933  - 32.142
Nouvelle Calédonle
    Imp                        185.354           179.618  161.181
    Exp                        408.304           391.459  373.687
    BC Ptom                  -222.950          -211.841  -212.506
Polynésie française
     Imp                        14.643             9.174    9.430
    Exp                        314.677           274.433  300.515
    BC Ptom                  -300.034          -265.259  -291.085
Antilles néerlandaises
     Imp                        55.430           152.233  120.939
    Exp                        297.332           284.177  253.090
    BC Ptom                  -241.902          -131.944  -132.151
Aruba
     Imp                          2.726           18.097   13.982
    Exp                         75.711            73.883   90.041
    BC Ptom                  - 72.985          - 55.786  - 76.059
 ---pagebreak---                                  ANGUILLA
                                                        (1000écus)
Année Commerce total      Machinée          Café, thé,
                              +           cacao, éplcee
             (CT)    matériel transport
1987        285                11
1988        586               373                -                 \r*
1989      2.068                17
1990        427                79               16
1991        118                30              65
1992      1.380            1.233               85
                                                                    i
 ---pagebreak---                                    CAYMAN
                                                                     (100Oécus)
 Année Commerce total       MachInee       Produits       Art ic tes
                                          alimentaires manufacturés
              (CT)    matériel transport                   divers
1987       4.680              1.831          1.858           152
1988      16.305            11.369           1.952             19
1989      17.372             7.046           4.872            46
1990       9.582                201         8.607             46
1991      12.617             1.182          7.708             98
1992     53.687            47.530           4.456           948
                                                                                I
 ---pagebreak---                      ILES VIERGES BRITANNIQUES + MONTSERRAT
                                                                         (1000ÔCUS)
Année Commerce total        Produits         Machines          Produits
                            chimiques             +         alimentaires
             (CT)                       matériel  transport
1987        973                 28               186
1988      6.373                  2               647               121               w
1989      2.686                  0               994               424
1990      2.575                122               704                25
1991      1.826                 61               909              256
1992      3.185                677             2.072
                                                                                    i
 ---pagebreak---                            TURKS & CAICOS
                                                                      (1000écus)
Année Commerce total   Articles           MachInes         Articles   Vêtements
                     manufacturés                        manufacturés
             (CT)                   mater i eI transport    divers
1987        152             34                 31             18
1988        218             71                 28             58
1989        224             21                20              45
1990        311             31               193              25
1991        670           203                207             197         180
1992      5.487           136              1.498          3.707       3.704
                                                                                 I
 ---pagebreak---                  MAYQTTS
                                       (1000écus)
Année Commerce total       Cofé, thé
              (CT)       cacao, épiées
1987       2.157               265
1988       2.526               320
                                                   I/O
1989       2.081               347
1990       2.607               253
1991      2.660                463
1992      2.640               819
                                                   i
                                                  00
 ---pagebreak---                      NOUVELLE-CALEOONIE
                                                                 (1000écus)
Année Commerce total      Fer et acier  Poissons     Machines
                                                          •t
                                                 matériel de transport
1987        83.091             60.611        -            806
1988       245.600            182.498        95        1.576                l/°
                                                                            -P
1989       327.006            234.997       134        1.498
1990       185.354            112.114      494        16.533
1991       179.618            123.120    1.797         2.635
1992       161.181            109.881    1.785         7.331
                                                                            l
 ---pagebreak---            POLYNESIE FRANÇAISE
                                                            (1000écus)
Année Commerce total             Produits       Machines
                                                     «t
                               alimentaires matériel de transport
1987        18.865                 1.705        11.318
1988         9.661                   553         2.570
1989        16.706                   229         9.349
1990        14.643                   509         3.361
1991         9.174                   309           476
1992         9.430                  223         2.572
                                                                        i
                                                                       o
 ---pagebreak---                              ANTJUÇS NÇE-RlANDAjSES
                                                                                  (10O0écus)
Année Commerce total Pétrole      Machines             Produ i ts    Céréales        Légumes
                                                    a Iimenta i res
            (CT)     dérivés matériel transport                      préparations    fruits
1987       43.631     31.006         3.741                    1 .556
1988       60.842     33.647       21.148                       647
1989       92.584     75.837        5.911                    2.912         1 .067
1990       55.430     39.479        5.764                       746                     60
1991      152.233    111.898       32.526                    1 .133           11        13
1992      120.939     87.391        7.079                   20.093        18.365      660    £
 ---pagebreak---                                                            ARUM
                                                                                                      (1000écus)
Année Commerce total  Pétrole      Articles       Chaussures  Vêtements     Machines       Produits   Café, thé
                         +                                                       +       alimentaires   cacao.
             (CT)    dérivés  manufacturés divers                       matériel transp.                épices
1987      12.291       9.461           113                        73            112           1.805      1.774
1988       5.790          88          237            117                        217           1.517      1.482
                                                                                                                 O
1989       4.057         223          115             33          23           385            2.776      2.558
1990       2.726                        67                        23           304              398        384
1991      18.097     14.381           599           417          71            807              147         39
1992      13.982     12.333           291                       122            291              169         10
                                                                                                                  i
 ---pagebreak---                                               ARUBA (cont'd)
                                                                       (1000écus)
Année Huiles aromatiques pour parfumerie Caoutchouc manufacturé N.O.A.
 1987
1988
1989
1990
1991                  165                             15
1992                  403                           173
                                                                                  i
 ---pagebreak---                                  I M P O R T A T I O N S PAR PRODUIT E T P E R I O D E           Eu rostat - C 2 3/06 ••'" ' ; 9a 3
                                                              EUR           S de       Anguilla
                                                                    Unites = VALEUR       (000 ECU)
An nee B*c:ir=? 1992
NOM. COM .                 •1988      1989                   1990             1991              1992
35                           14           15                    2                 41            1229
u9                             0            0                  16               149               85
                               0            1                   0                   6             25
OS                             0            0                   0                 16              14
06                             0            0                   2                   0              6
48                             4            0                   0                   0              6
S4                           29             1                  67                 48               5
62                           28             0                   1                   3              1
£5                            0             0                   0                   0              1.
 Source:      Eurosbab - C OMEXT
 ---pagebreak---                                IMPORTATIONS PAR PRODUIT ET PERIODE             Eurostat
                                                 EUR         S d©   Angui11 s
Regime statistique     4                               Unites = QUANTITE (000 KG
Année Base 1992
NOM ., COM.,             1983     1989          •1990         1991            1992
85                          0        1              0
09                          0        0              3          168               0
22                          0        0              0            2              43
08                          0        0              0           33              40
06                          0        0              0            0
48                          1        0              0            0              14
84                          0        0              1          147               G
62                          0        0              0            0               0
55                          0        0              0            0
 Source :    Eurosbab - COMEXT
                                                                                        #
                                                                                        V
 ---pagebreak---                              .IMPORTATIONS PAR PRODUIT ET PERIODE           Eurosbat-C 23/06/199:
                                                EUR         S de   Iles Cayman
 Reqime statistique  4                                Unites = VALEUR (000 ECU)
Année Base 1992
N0M.COM.       .       1983    1989            1990          1991          1992
8V                    10468    6994              82                       40308
                          0        O              0             0          7222
                       1950    4226            8496          7592          4445
                          0        6              0             0           907
                          0        4              0             0           113
25                        0        0              0             0            61
84                      501       26              3            50            60
76                        0        0              0             0            43
38                        0        0              7             5            42
15                        5      11               O             O            36
90                       10      35              43            59            36
 Sourep    Eurosbab - COMEXT
                                                                                               JF
                                                                                                 i
                                                                                                o
 ---pagebreak---                             IMPORTATIONS PAR PRODUIT ET PERIODE           Eurosbab-C 23/06/1993
                                              EUR         S de   lies Cayman
Regime sbabisbique  4                               Unibes = QUANTITE (000 KG)
Année Base 1992
N0M.COM.              1988     1989          1990          1991          1992
89                    9379      277          4123            15         23129
38                       0        0             0              5
03                    1675     3615          6740          4536          1246
97                       0        0             0              0            3
32                       0        1             0             0              f*
25                       0        0             0             0            51
84                      34       12             1             1
76                       0        0             0             0            10
38                       0        0             0             0             1
15                       0        9             0             0           100
90                       0        0             0             0             0
 Source:  Eurosbab - COMEXT
                                                                                              CA
                                                                                               i
 ---pagebreak---                                    IMPORTATIONS PAR PRODUIT ET PERIODE              Eurostat C
                                                     EUR          S dee    I.Vierge Br„
Régi me s b a t i s t iqu e                                Unites     VALEUR (000 ECU)
Année Base 1992
NOM.COM.                     1988     1989          1990           1991            1992
85                             74       62           282            xL O U         1853
33                              0        0             0                0           664
89                            354      533             0            457             1 31
97                             10       24            43            260             171
73                             30        7             0                0            47
34                            217      251           265            158              39
                                0        0             0                0            14
                              353      325           537            137              13
                                0        0             0                0              9
90                                      54           390                6              9
 Source:    Eurostat        COMEXT
                                                                                                i
                                                                                               00
 ---pagebreak---                                      I M P O R T A T I O N S PAR P R O D U I T E T P E R I O D E          Eu rostat — C
                                                                  EUR                     de     I.Vieroe B r
Regime s b a b i s b i q u e 4                                                Unibes = QUANTITE (000 KG:
Année Base 1992
N0M.COM.                       1988       1989                   1990                   1991             1992
85                                1             1                     4                       1
33                                0             0                     0                       0
89                               43           44                      0
97                                0             0                     0                       0              0
73                               10             0                     0                       0
84                               17           67                      3                       9
14                                0             0                     0                       0               •s
                                 51           52                    90                      26
31                                0             0                     0                       0              1
90                                1             0                     0                       0              0
 Source     Eurostat          COMEXT
                                                                                                                         I
                                                                                                                        —A
 ---pagebreak---                            MPORTATIONS PAR PRODUIT ET PERIODE           Eurostat--
                                            EUR         S de   Turks,Caicos
Regime statistique 4                              Unites = VALEUR (000 ECLP
Année Base 1992
NOM.COM.             1983    1989          1990          1991          1992
                        0       O             0           129          3561
•3*t                    5       4            66            96          1447
42                      0       0             0             4           115
03                      0       O             0            11            92
40                      0       0             0           104            52
71                      0       1             0             0            34
82                      0       5             5             S            29
61                      9       0             O            48            28
87                      0       0             0            57            26
85                     23      16           131            56            25
  Source: Eurostat  COMEXT
                                                                                    i
                                                                                   ru
                                                                                   o
 ---pagebreak---                             IMPORTATIONS PAR PRODUIT ET PERIODE           Eurostat-C 3 / f i 6 / i 993
                                              EUR         S de   Turks,Caicos
 Regime statistique                                 Unites = QUANTITE (000 KG)
 Année Base 1992
 N0M.COM.             1988     1989          1990          1991          1992
62                       0        0             0             6           142
84                       0        0             7                         434
.*•• ^                   0        0             0             0             4
03                       0        0             0             0             c,
40                       0        0             0            18             i
71                       0        0             0             0             0
                         0        0             0             0
61                       1        0             0
                         0        0             0            17             5
                         0        0            46            16            18
    Source: Eurostat COMEXT
                                                                                                      i
                                                                                                     ro
 ---pagebreak---                                                            IMPORTATIONS PAR PRODUIT ET PERIODE           E iA ro s t at C 2 3 / 0 6 / ! 9 '-"• 3
                                                                             EUR         S de-  Mayotte
' (•••' g .:. .-v. ,;••• H:> •:., a •:, i s t i q4u e
                                                                                   Unites = VALEUR (000 ECU)
Annee Base 1992
                                                              1989          1990          1991          1992
:-JOr-1. C O M ..                                   1988
                                                    1267      1454          1871          1614          1473
                                                      320      347           253           45 5          818
"";9
                                                        0        0             0              5            77
                                                       44.      54            22            35             67
9G
                                                       20        2            25            76             63
87                                                                                          71             62
                                                      282       36            51
85                                                                            17            86             19
84                                                     65       13
                                                        9        0             0              0            16
07                                                                                                         13
                                                        0        0             0              0
19                                                                                          27             11
61                                                               1             0
                                                        0        0             0              1            10
91
  Bou. rCe s               Eu.rostat - COMEXT
 ---pagebreak---                               MP0RTATI0MS PAR PRODUIT ET PERIODE           Euros tab 3/HA/-1
                                               EUR         S de   Mayotte
 Regime statistique? 4                               Unites = QUANTITE (000 KG)
Année Base 1992 .
N0M.COM,.              1988     1989          1990          1991          1992
                         •7<c     28            29            24            29
09                       23       23             4            29            68
                           0       0             0            63          1753
90                         0                     0             0             0
                                                              11             6
85                         5                     0             0             0
                         10                      1             4
                           3                     0             0            12
.1 7                       0                     0             0            20
61                         0                     0                           1
91                         0                     0             0             0
  Source   Eurostat   COMEXT
                                                                                             V\
                                                                                              i
                                                                                             ru
                                                                                             OJ
 ---pagebreak---                                                 IMPORTATIONS PAR PRODUIT ET PERIODE            E u r o s t a t ••" C 2,•>/'.'6 / '' •"''•-'-'i
                                                                  EUR         S de   N. Caletionie
••r•-•.•••;.i <vie ••"•tat.ist.ique     4                               Unites = VALEUR C000 ECU'"
Annee Base 1992
•i0r-l.COM.                                1988    1989          1990          1991          1992
                                        182519   234997        112110        123122        109862
72                                                                                          40033
 »5  7                                    59271   87733         52871         49451
                                            199     221         14984           451          5261
•-. > •.._•
                                             95     134           494          1797          1786
03
                                            768     433           718          1200          1089
85
                                            826    1146          1223           609            941
05
                                            347     509           511           712           548
84
90                                          733     382           943           660            472
87                                          237     262           265           264           374
71                                          127     109           154           238            176
33                                          154     344           292           349            171
     Sou rce *         E u r o s t a t - COMEXT
 ---pagebreak---                             IMPORTATIONS PAR PRODUIT ET PERIODE            Eurostat~C
                                              EUR            de   N. Ca1edonie
Regime statistique  4                               Unites    QUANTITE (000 KG)
Année Base 1992
NOM.COM.              1988     1989          1990           1991          1992
                     79745    73961         57467          62985         61090
                     13313    13934         12959          11287         10250
88                       0        0            43                           10
03                      14       18            59            193           192
85                                4           123             43            23
05                     220      155           167             77           134
84                      10       10            10             46            16
90                       0        0             3              1             0
87                      33       47            36             36            50
71                       0        0             3              0             0
33                       4        3                            4             1
 Source   Eurostat - COMEXT
                                                                                       i
                                                                                      ru
                                                                                      en
 ---pagebreak---                                                                                                             :
                                '.MPORTATIONS PAR PRODUIT ET PERIODE                    E u r o s t a t.. C   - j Q Q '2
                                                   EUR          b ae   P o l y n é s i e I- r
Kegime statistique                                       Unite*    VALEUR (000 ECU)
A n n e e B a s e 19 9 2
NOM.COM.                  1988     1989           1990           1991                  1992
                          2850     3521           1894           2534                  2628
38                         411     7518            242            324                  2571
i i                       1319      978            915           1123                   666
33                         363      516            822            466                   663
85                         325      917           1357            613                   662
90                         357      489            678            583                   496
87                         230      339            508            466                   382
84                         958      500            681            401                   266
09                         108      135            324            156                   166
97                          87       96           4340            132                   146
86                         103       43            150            122                   117
  source        Eurostat COMEXT
                                                                                                                  2
                                                                                                                    i
                                                                                                                   ru
                                                                                                                   o
 ---pagebreak---                                  IMPORTATIONS PAR PRODUIT ET PERIODE           Eurostab-C 23/06/1993
                                                   EUR         S de   Polynésie Fr
Regime statistique      4                                Unites = QUANTITE (000 KG)
Année Base 1992
N0M.COM.                   1988     1989          1990          1991          1992
                           6172     6941          5557          7403          5168
88                            0       12                            1            3
71                            0        0             0              0            0
33                           94      137           194           124           162
85                                    35            63            13             9
90                            0        0             1              0            n
87                           35       33            64            61
84                           12       11            17             9
                              1                      3
                              I        0             0             0             o
                            240      227                         281
   o u rce Eu ro s ta t   :0MEX1
                                                                                                    i
                                                                                                   ru
 ---pagebreak---                             IMPORTATIONS PAR PRODUIT ET PERIODE            Eurost
                                                                             !
                                              EUR         S de   Antilles ML
Regime statistique                                  Unibes = VALEUR (000 ECU''
Année Base 1992
N0M.COM.              1933     1939          1990          1991          1992
                     33650    75837         39478        111399         37390
10                       0     1067             0              0        18356
89                   19144     1851          3540         25801          5120
35                    1040     1943          3147          2957          2398
71                     529     2804           419           955          1244
84                    1640     3649          1773          5744          1135
03                     474     1271           634          1061          1010
35                     222      236           570           653           859
20                       7        0             1             0           660
22                     748      70S          1473           487           603
90                     355      954          2033           615           479
                        30       61           203           340           279
 source   Eurostat - COMEXT
                                                                                  ft
                                                                                   i
                                                                                  ru
                                                                                  oo
 ---pagebreak---                             IMPORTATIONS PAR PRODUIT ET PERIODE            Eurostai
                                              EUR         S de   Antilles Ni..
Regime statistique  4                               Unites = QUANTITE (000 K5>
Année Base 1992
N0M.COM.              1988     1989          1990          1991          1992
27                  467669   37563.3       400003        906316       1060830
lu                       O     2805             O              0        33131
39                    1257      180          2576         31314            29^,
35                       0         0            4             0                0
71                       0         0            0            11               O
84                      49        87          113           193            144
03                     258      546           294           322            273
35                       3         3            2            25              43
20                      11         0            1             0            640
22                     742      751           621           161            133
90                       0       13             7             2               O
33                       3         2            6            15               9
 Source:  Eurostat - COMEXT
                                                                                    ru
 ---pagebreak---                                                     IMPORTATIONS PAR PRODUIT ET PERIODE            E u. r o s t, B. t C 2 3 / u 6 /1 9°
                                                                      EUR  '      S de   Aruba
 l-.<-<j). -i'-- it^tistique 4                                              Unites = VALEUR (000 ECU)
 Annee? B^se 1992
 NOiv'. COM..                                 1988     1989          1990          199-1         1992
                                                88      223             0         14381         12332
 34                                               0       0             0           164           403
....'. .^.'.                                    61      232           295           585           1 86
40                                               0        0             0              0          173
85                                             114      254           154            95           1 46
62                                               2       13            24              1          118
90                                             147       59            10            50           104
03                                               0      148            13           104             87
72                                               4        6             0              0            78
04                                               0       23             0             0             66
88                                               0        0            19           136
89                                                                                                  58
                                                 0        0             0             0             22
   So'...i. rc<•? :, E'...« r o s t a t •••- COMEXT
 ---pagebreak---                                          IMPORTATIONS PAR PRODUIT ET PERIODE             Eu rostat C 2 3 ••-'' 0 6 • ' •:;>
                                                           EUR         S C!P  A rub*.
   Regime s t a t i. s t i q u. e 4                              Unites = QUANTITE (000 KG)
  Annee Base 1992
  NOM.COM.                          1988    1989          1990          1991            1992
 .•:. i                                1    2363             0        126978          123654
 34                                    0       0             0            94             241
 .rJ. .t~                             13      40            46            47               •> /..
 40                                    0       0             0              0             •2 4
85                                    10      23             7                                4
62                                     0       0                            0                 0
90                                     0       1             0                                D
03                                     0      98             8                            •18
• - » . - ,
                                       5      14             0              0            496
04                                     0      57             0              0             45
88                                     0       0             0                                0
89                                     0       0             0             0                  4
     Soi.i.rce : Eurostat - COMEXT
 ---pagebreak---                                     - éc-
               Proposal for a council Decision   /.../
          amending Council Decision 91/482/EEC of 25 July 1991
        on the association of overseas countries and territories
                  with the European Economic Community
The council of the European Communities,
Raving regard to the Treaty establishing the European Economic
Community, and in particular Article 136 thereof,
Having regard to the proposal from the commission,1
Having regard to the opinion of the European Parliament,2
Whereas Part Three, Title I of council Decision 91/482/EEC of
25 July 1991 on the association of overseas countries and territories
with the European Economic Community3 lays down the general
arrangements for trade between the said countries and territories
("OCT") and the EEC: whereas Article 240(1) of the Decision provides
that the arrangements shall apply until 29 February 2000)
Whereas Article 240(2) of the Decision, however, provides that by
31 December 1993 the council, on the basis of a report from the
commission, is to examine the implementation of the trade meohanisms
and review them should the examination show that they have failed to
fulfil their objective of economic and social development of the OCT,
in particular in the light of investment development, or that they have
led to deflection of tradej .*.,,^ ...
whereas the examination carried out pursuant to that Article has
revealed certain difficulties which should be addressed;
Whereas, in particular, Article 101(1) of the Decision, which provides
that products originating in the OCT shall be imported into the
Community free of import duties or levies, allows products covered by
the common organization of markets to be sold within the Community at
prices lower than the regulated community prices; whereas such a
 situation could undermine the objectives of Article 39 of the Treaty;
whereas appropriate measures should therefore be taken, once the
partnership arrangements referred to in Article 235 of the Decision
 have run their course, to obviate the risk;
 1   OJ No c «..
 2   OJ NO c ...
 3   OJ NO L 263, 19.9.1991, p,
 ---pagebreak---                                   -él-
Whereas the measures envisaged should not, however, be such as to
prevent compliance with the objectives of Decision 91/482/EEC, namely
promotion of economic and social development in the OCT, and in
particular the expansion of investment; whereas the said measures
should therefore be kept to the necessary minimum and should provide a
stable and predictable framework for OCT-EEC trade; whereas these
requirements can best be met by a system of reference prices;
whereas the wording of Article 101(1) of Decision 91/482/93 should be
brought into line with the definitions adopted in the customs code,
which is applicable from 1 January 19944,
HAS DECIDED AS FOLLOWS:
                                Article 1
Decision 91/482/EEC is hereby amended as followsi
1. Article 101(1) is replaced by the following:
    "Products originating in the OCT shall be imported into the
    Community free of import duties."
2.  The following Article 101 (3a) is insertedi
    "Where it is found that trade between the OCT and the Community in
    products covered by institutional price arrangements under the
    common Agricultural Policy is threatening to disrupt the market,
    the Commission, after consulting the authorities involved, as
    called for by the partnership arrangements referred to in
    Article 235 of the Decision on Association, may fix a reference
    price for such products*
    in setting the reference price, account shall be taken of the
    economic and social development objectives of the OCT; the price
     shall not exceed the level strictly necessary to comply with the
    objectives of Article 39 of the Treaty, and shall allow products
    originating in the OCT more favourable conditions than those
    applying to imports of the same product originating in a third
    country enjoying preferential treatment in trade with the
     community.
     The reference price arrangements and measures to ensure compliance
    with them shall be introduced in accordance with the procedure laid
     down in Article 38 of Regulation (EEC) No 136/66,5 or the
     corresponding Articles of other Regulations establishing the common
     organization of agricultural markets, as appropriate»"
     Regulation (EEC) No 2913/92 of 12 October 1992 (OJ No L 302,
     19.10.1992, p. 1.)
     Regulation on the establishment of a common organization of the
     market in oils and fats (OJ L 172, 30.9.1966, p.l.).
 ---pagebreak---                                  -in-
                               Article 2
This Decision shall be published in the official Journal of the
European Communities, it shall enter into force on the day following
such publication.
Done at Brussels,                      For the council
                                       The President
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 555 final
                                                      DOCUMENTS
EN                                                                         03 i l
                                 Catalogue number : CB-CO-93-593-EN-C
                                                             ISBN 92-77-60774-2
Office for Official Publications of the European Communities
L-2985 Luxembourg