CELEX: 
Language: en
Date: 1977-12-31 00:00:00
Title: Council Regulation (EEC) No 3015/77 of 21 December 1977 on the application of Decision No 12/77 of the ACP-EEC Council of Ministers derogating from the concept of 'originating products' to take account of the special situation of Mauritius with regard to its production of canned tuna

No L 355/36                           Official Journal of the European Communities                          31 . 12. 77
                                     COUNCIL REGULATION (EEC) No 3015/77
                                                   of 21 December 1977
             on the application of Decision No 12/77 of the ACP-EEC Council of Ministers
             derogating from the concept of 'originating products' to take acount of the
               special situation of Mauritius with regard to its production of canned tuna
THE COUNCIL OF THE EUROPEAN                                      Whereas it is necessary, in accordance with Article 74
COMMUNITIES,                                                     (3) of the Convention, to take the measures required
                                                                 to implement that Decision,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,                                                         HAS ADOPTED THIS REGULATION :
Having regard to the proposal from the Commission,                                      Article 1
Whereas the ACP-EEC Council of Ministers set up
                                                                 Decision No 12/77 of the ACP-EEC Council of Minis­
under the ACP-EEC Convention of Lome (') signed
on 28 February 1975, hereinafter called 'the Conven­             ters shall apply in the Community.
tion', adopted, pursuant to Article 75 of the said               The text of the Decision is annexed to this Regula­
Convention, Decision No 11 /76 of 15 July 1976 dele­             tion .
gating its powers to the ACP-EEC Committee of
Ambassadors ;                                                                           Article 2
Whereas the ACP-EEC Committee of Ambassadors
                                                                 This Regulation shall enter into force on the day
has adopted Decision No 12/77 of the ACP-EEC                     following its publication in the Official Journal of
Council of Ministers of 23 November 1977 derogating               the European Communities.
from the concept of 'originating products' to take
account of the special situation of Mauritius with               It shall apply from 25 November 1977 until 24
regard to its production of canned tuna ;                        November 1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 21 December 1977 .
                                                                             For the Council
                                                                              The President
                                                                               J. CHABERT
(•) OJ No L 25, 30 . 1 . 1976, p. 2.
 ---pagebreak--- 31 . 12. 77                       Official Journal of the European Communities                        No L 355/37
                                                        ANNEX
                  DECISION No 12/77 OF THE ACP-EEC COUNCIL OF MINISTERS
                                                of 23 November 1977
              derogating from the concept of 'originating products' to take account of the
               special situation of Mauritius with regard to its production of canned tuna
THE ACP-EEC COMMITTEE OF AMBASSADORS                         imported into the Community between 25 November
                                                              1977 and 24 November 1978 .
Having regard to the ACP-EEC Convention of Lome
signed on 28 February 1975 hereinafter called 4 the
Convention', and in particular Article 9 (2) thereof,                               Article 3
Having regard to Decision No 12/76 of the ACP-EEC            Movement certificates EUR 1 issued pursuant to this
Council of Ministers of 15 July 1976 on the delega­          Decision shall bear one of the following entries :
tion of certain powers to the ACP-EEC Committee of
Ambassadors, and in particular Article 1 ( 1 ) thereof,      — 'marchandises originates en vertu de la decision
                                                                 n° 12/77 du Conseil des ministres ACP-CEE',
Whereas Article 27 of Protocol 1 to the Convention,          — 'Ursprungen gemafl Beschlufi Nr. 12/77 des AKP­
concerning the definition of the concept of 'origi­              EWG-Ministerrates',
nating products' and methods of administrative co­           — 'merci originarie in virtu della decisione n. 12/77
operation, states that derogations from the rules of             del Consiglio dei ministri ACP-EEC',
origin may be made, in particular to facilitate the deve­
lopment of existing industries or the creation of new        — 'goederen van oorsprong uit hoofde van Besluit nr.
industries ;                                                     12/77 van de ACS-EEG-Raad van Ministers',
                                                             — 'originating products by virtue of Decision No
Whereas the ACP States have submitted a request                  12/77 of the ACP-EEC Council of Ministers',
from the Government of Mauritius for a derogation
from the definition set out in the said Protocol for         — varer med oprindelsesstatus i henhold til
canned tuna produced by that State ; whereas a one­              AVS/E0F-Ministerradets afgerelse nr. 12/77',
year derogation should be sufficient to satisfy that         This entry shall be made under the heading
request ;                                                    'Remarks'.
Whereas, in accordance with Article 27 of Protocol 1 ,
the Customs Cooperation Committee has adopted a                                     Article 4
report on the said request ;
                                                             The competent authorities of Mauritius shall take the
Whereas, in order not to hinder the future develop­          necessary steps to carry out quantitative checks on
ment of an existing industry, the very existence of          exports of the products referred to in Article 2 and
which is at present threatened as a result of unfore­        shall forward to the Commission every three months a
seen circumstances, a temporary derogation should be         statement of the quantities in respect of which move­
granted from the definition in the said Protocol,            ment certificates EUR 1 have been issued pursuant to
                                                             this Decision .
HAS DECIDED AS FOLLOWS :
                       Article 1                                                    Article 5
By way of derogation from the special provisions of          The ACP States, the Member States and the Commu­
List A in Annex II to Protocol 1 , canned tuna manu­         nity shall be required, each for its own part, to take
factured in Mauritius and falling within tariff heading      the necessary steps to implement this Decision.
No ex 16.04 shall be considered as originating in
Mauritius subject to the following conditions.                                      Article 6
                       Article 2                            This Decision shall enter into force on 25 November
                                                             1977..
This derogation shall relate to 1 600 tonnes of canned
tuna falling within tariff heading No ex 16.04               It shall apply until 24 November 1978 .