CELEX: 51978PC0637
Language: en
Date: 1978-11-24
Title: Proposal for a COUNCIL REGULATION (EEC) regarding the application of Decision of the ACP-EEC Council of Ministers derogating from the definition of the concept of 'originating products' to take into account the special situation of Malawi with regard to certain items of fishing tackle (fishing flies)#DRAFT ACP-EEC COUNCIL OF MINISTERS DECISION derogating from the definition of the concept of originating products' to take into account the special situation of Malawi with regard to certain items of fishing tackle (fishing flies) (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 637
Vol. 1978/0248
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(78)637 final.
                                                    Brussels , 24 November 1978
                               ,  /
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                                 Proposal for a
                                                •» V *V
                           COUNCIL REGULATION (EEC)
 regarding the application of Decision            -      of the ACP-EEC Council
of Ministers derogating from the definition of the concept of 'originating
products ' to take into account the special situation of Malawi with regard
             to certain items of fishing tackle ( fishing flies )
                 DRAFT ACP-EEC COUNCIL OP MINISTERS DECISION
 derogating from the definition of the concept of originating products *
 to take into account the special situation of Malawi with regard to cer­
 tain items of fishing tackle (fishing flies )
                      ( Submitted "by the Commission to the Council )
COM ( 78) 637 final .
 ---pagebreak---                                     EXPLANATORY MEKORAtuXJM
     By letter of 23 May 197"» the Government of the Republio of Malawi forwarded
     to the Commission through its Amabssador in Brussels an request to renew         j
     ACP-EEC Council of Ministers Decision Kb l/77^W which Malawi had obtained \
     a derogation from the definition of the concept of originating products for j
     artificial fishing flies . The period requested is two years .
                                                                                       I
                                                                                       )
       I. Recap on the situation
            A company employing some 200 people , of whom a certain number are        !
            handicapped ; manufactures artificial flies in Malawi using hooks imported
            from third countries (notably Norway )* As hooks and flies are classified
          ' under the same heading in the Customs Cooperation Council Nomenclature , j
            the final product does not have originating status , even though there    |
            is considerable value added , as there is no change of tariff heading^
            which is in the order of 75$» At the request of Malawi a derogation for j
            one year was given on condition that they sought new sources of supply j
            for hooks in the Community.         j                                     !
     II . Request for renewal
                                                <
                                                j
                                                                                      !!
'                                               i                         •            <
•'                                  'i
 !                                      :       î                                      '
 :          a) The economic arguments are still validi the clients are principally
                in the United Kingdom ; the manufacture of artificial flies ensures
                work for more than 200 people in a country where employment is
                difficult to find , especially for handicapped .
 I
                                                 1
            1)) Contacts have been made to obtain supplies of hooks in the Community J
                but according to the Malawi authorities it has not been possible to j
   :            find the type used and requested by the clients (MLFSTAD type ).
                                               10                                   •
                                               ° .                                     !
     ( 1 ) OJ No . L139 of 7.6.1977            g                                       j
 ---pagebreak---                                      - 2 -
c ) It seems difficult for the Community to engage itself for such a long
    period . A derogation for one year would seem to be sufficient .
d ) The year which Malawi would enjoy the derogation would be used to persuade
    existing buyers to use flies mounted on hooks produced in the Community
    and to find new markets .
III . Opinion of the services of the Commission
                                                                             i
                                                                             s
                                                                             /
      The economic arguments put forward by the Malawi authorities at the
                                                                             I
      time of the first request are still valid and it is necessary to take
      into account that it has not been possible to find in the Community
      the type of hook used until now .                                      !
      Even though it has been stated that the derogation given in 1977 is    j
                                                                             !
      not renewable , as Malawi could obtain hooks in at least two Member    !
      States of the Community, the "qualitative" arguments advanced by
      Malawi must be considered . In addition it concerns such minimal
      quantities that no disturbance can be feared if the derogation is
      extended ( 340 kg for some 40*000 HJA for eight mounths ).             i
                                                                             !
                                                                             I
      Consequently the Commission recomments the annexed draft Decision as j
      well as the draft Regulation to put the Decision into force in the     j
                                        i                                    :
      Community.                                                             j
 ---pagebreak---            I
                regarding the application oi Decision          of the ACP-EEC Council of Ministers
                derogating from the definition of the concept of 'originating
                products' to take into account the special situation of Malawi
                with regard to certain items of fishing tackle (fishing flies )
THE COUNCIL OF THE EUROPEAN-                                    HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                     Article I
thereof,
Having regard to the proposal from the Commission,              Decision /78 of the ACP-EEC Council of Ministers
                                                                annexed to this Regulation shall apply in the Commu­
Whereas the ACP-EEC Council of Ministers set up                 nity.
under the ACP-EEC Convention of Lome (') signed
on 28 February 1975, adopted, pursuant to Article
9 (2) of the Convention, Decision            of
                                                                                       Article 2
           derogating from the concept of "originating
products' to take into account the special situation of
Malawi with regard to certain items of fishing tackle           This Regulation shall enter into force on the day of its
(fishing flies) ;                                               publication in the Official Journal of the European
                                                                Communities.
Whereas it is necessary, in accordance with Article
74(3) of the said Convention, to take the measures
required to implement that Decision,
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels. .
                                                                           For the Council
                                                                             The President
                                                                                               /
                                                         10
    ( ' ) OJ No L 25. 30. I. 1976, p. 2.
 ---pagebreak---                            ACP-EEC COUNCIL OF MINISTERS DECISION
derogating from the definition of the_concept_ of "originating products' to take
into account the special situation of Malawi with regard to certain Items of
fishing tackle ( fishing flies )
 THE ACP-EEC COUNCIL OF MINISTERS,
                                                                 ' 1                 Article 2
  Having regard to the ACP-EEC Convention of Lome,
  signed on 28 February 1975 (hereinafter referred to as
 'the Convention'), and in particular Article 9 (2) The movement certificates EUR 1 issued
  thereof,                                                           for products originating by virtue of
                                                                     the derogation contained in Article 1
 Whereas Article 27 of Protocol 1 to the Convention,                 shall contain in box 7 " remarks " one of
  concerning the definition of the concept of 'origi­                the following endorsements :
  nating products' and methods of administrative coop­
 eration, makes provision for derogations from the
  rules of origin in particular to facilitate the develop­ - " Dérogation mouches pour la pêche
  ment of existing industries or the creation of new
  industries ;                                                     - "Abweichung Fliegen zum Flugangeln
 Whereas the ACP States have submitted a request i- " Derogation fishing flies "
  froiti the Government of the Republic of Malawi for a - " Deroga mosche per la pesca "
             derogation from the definition set out in the
 Protocol for items of fishing tackle manufactured in !- "Afwijking kunstvliegen voor                                 de visserij
 that State ;
                                                                   - "Undtagelse fluer til fiskeri "
 Whereas, in accordance with Article 27 of Protocol 1 ,/ ] '
 the Customs Cooperation Committee has adopted a j
 report on this request ;                                         '–-–                        –■ 1           –:      –      ^––
                                                                                                   Article J
 Whereas, in order to take into account the special situa- $
 tion of the Republic of Malawi and to enable the rele- " - B The competent authorities of the Republic of Malawi
 vant industrial
 vant    industrial sector
                    sector toto develop
                                develop its
                                        its industry
                                            industry and
                                                     and toto         ■ 5 3 orwar 1 c Commission every three months a
                                                                \     | statement of the quantities in respect of which move-
   examine the possibility of using .                                    ment certificates EUR 1 have been issued pursuant to
  Community products
  Community         products for   for the
                                        the                     i ^r tionthis . Decision' indicating
                                                                                            '
                                                                                                     the Member States of destina-
  manufacture of the articles in
                                                                                                   Article 4
  question, ar derogation should
  be made for one year ,                                                The ACP States, the Member States and the Commu­
                                                                        nity shall each take the measures required to imple­
  which should meet this request ;                      ■ --r'1         ment this Decision .
                                                            ■n                                    Article }
                                                                        This Decision shall enter into force; on
 Whereas any possible deflection of trade should be                     It shall apply until /       /
 avoided ; whereas this aim can be achieved by fixing a
 maximum percentage of non-originating products
 incorporated in the finished product,                                  Done at ;
                                                                                                 For the ACP-EEC Council
 HAS DECIDED AS FOLLOWS :
                                                                                                         of Ministers
                           Article 1
                                                                                                        The President
 By way of derogation from the provisions of Protocol
 1 , items of fishing tackle manufactured in Malawi and
 falling within tariff heading No ex 97.07 'fishing flies',
 shall be considered as originating in Malawi, provided                                                                      \ ί
 that the value of the non-originating fish-hooks used
 for their manufacture, falling within tariff heading No
 ex 97.07, does not exceed 25 % of the value of the
 finished product.