CELEX: 21985D0912(02)
Language: en
Date: 1985-06-07 00:00:00
Title: Decision No 2/85 of the ACP-EEC Customs Cooperation Committee of 7 June 1985 derogating from the definition of 'originating products' , as regards certain fishery items, in order to take account of the special situation of Malawi, Kenya and Mauritius

No L 244/ 14                          Official Journal of the European Communities                            12. 9 . 85
             DECISION           No     2/85    OF   THE ACP-EEC          CUSTOMS       COOPERATION
                                                       COMMITTEE
                                                      of 7 June 1985
             derogating from the definition of 'originating products', as regards certain
             fishery items, in order to take account of the special situation of Malawi, Kenya
                                                      and Mauritius
THE ACP-EEC CUSTOMS COOPERATION COMMITTEE,                      HAS DECIDED AS FOLLOWS :
Having regard to the second ACP-EEC Convention                                         Article 1
signed at Lome on 31 October 1979,
                                                                By way of derogation from Protocol 1 to the Second
                                                                ACP-EEC Convention, mounted fish-hooks with arti­
Having regard to Council Regulation (EEC) No 485/85             ficial bait and mounted fishing lines including casts,
of 26 February 1985 concerning the application of               manufactured in Malawi, Kenya or Mauritius and
Decision No 2/ 85 of the ACP-EEC Council of Minis­
ters on transitional measures valid from 1 March
                                                                falling within Common Customs Tariff heading ex
                                                                97.07, shall be considered as originating in Malawi,
 1985 0,                                                        Kenya or Mauritius, provided that the value of the
                                                                non-originating products used in their manufacture
Having regard to the draft Decision submitted by the            and falling within Common Customs Tariff heading
Commission ,                                                    ex 97.07 does not exceed 25 % of the value of the
                                                                finished product.
Whereas Article 4 of the said Decision No 2/85 (2) lays
down that the provisions concerning the procedure for                                  Article 2
derogating from the rules of origin contained in
Article 30 of Protocol        1  to the Third ACP-EEC           The competent authorities of the Republic of Malawi,
Convention signed at Lome on 8 December 1984 are                the Republic of Kenya and Mauritius shall send to the
to be applied in advance ;                                      Commission each quarter a list of the quantities for
                                                                which EUR 1 movement certificates- have been issued
                                                                under this Decision .
Whereas the ACP States have requested a derogation
from the definition given in Protocol 1 for certain                                    Article 3
fishery items falling within Common Customs Tariff
heading ex 97.07 and manufactured in Malawi, Kenya              The ACP States and the Member Stajtes of the
and Mauritius ;                                                 Community shall take the respective measures neces­
                                                                sary to implement this Decision.
Whereas Malawi and Kenya benefited from a deroga­
tion from the abovementioned definition in respect of                                  Article 4
fishery items from 1 March 1983 to 28 February 1985
and Mauritius from 1 January 1984 to 28 February                This Decision shall enter into force on the date of its
1985 ;                                                          adoption .
                                                                It shall apply from 1 March 1985 until the entry into
Whereas the economic conditions of production in                force of the Third ACP-EEC Convention but until 28
the abovementioned countries have not changed ;                 February 1986 at the latest.
Whereas the definition in Protocol 1 to the Third
ACP-EEC Convention introduced a permanent new                   Done at Brussels, 7 June 1985.
rule allowing the incorporation in certain fishery items
of up to 25 % non-originating products ;                                         For the ACP-EEC Customs
                                                                                   Cooperation Committee
Whereas, therefore, Malawi, Kenya and Mauritius                                        The Chairmen
should be granted a temporary derogation from the
definition of the concept of originating products,                     F. KLEIN                Maurice Oscar ST JOHN
(') OJ No L 61 , 1 . 3 . 1985, p. 1 .
V) OJ No L 61 , 1 . 3. 1985, p. 2.