CELEX: 21990D0207(01)
Language: en
Date: 1990-01-11 00:00:00
Title: Decision No 1/90 of the ACP-EEC Customs Cooperation Committee of 11 January 1990 derogating from the definition of the concept of 'originating products' to take account of the special situation of Mauritius with regard to its production of canned tuna

No L 35/2                             Official Journal of the European Communities                                  7. 2. 90
                 DECISION        No    1/90    OF   THE ACP-EEC          CUSTOMS         COOPERATION
                                                       COMMITTEE
                                                    of 11 January 1990
                 derogating from the definition of 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 CUSTOMS COOPERATION COMMITTEE,                      to grant such a derogation for a period expiring on 28
                                                                 February 1990, when the Convention also expires,
Having regard to the Third ACP-EEC Convention, signed
at Lome on 8 December 1984,
                                                                 HAS DECIDED AS FOLLOWS :
Whereas Articles 28 and 30 of Protocol 1 to the Third
ACP-EEC Convention concerning the definition of the                                       Article 1
concept of originating products and methods of adminis­
trative cooperation make provision for derogations to be         By way of derogation from the special provisions of List A
made from the rules of origin by the Customs Coopera­           in Annex II to Protocol 1 , canned tuna falling within
tion Committee, in particular to facilitate the develop­        heading No 16.04 of the Common Customs Tariff and
ment of existing industries or the creation of new indus­       manufactured by Mauritius shall be considered as origina­
tries ;                                                         ting in Mauritius under the conditions set out in this
                                                                 Decision .
Whereas the African, Caribbean and Pacific (ACP) States
have submitted a request from the Government of Mauri­                                    Article 2
tius for a derogation from the definition set out in
Protocol 1 in respect of canned tuna produced by Mauri­         The derogation provided for in Article 1 shall relate to an
tius ;                                                          annual quantity of 1 000 tonnes of canned tuna falling
                                                                within heading No 16.04 of the Common Customs Tariff
                                                                 and exported from Mauritius between 1 September 1989
Whereas, in order to maintain its existing fishery industry      and 28 February 1990.
and to take the measures necessary for its finished
products to obtain originating status, Mauritius has from 1
March 1985 to 29 February 1988 benefited from a deroga­                                   Article 3
tion from the rule set out in Protocol No 1 for canned
tuna ;
                                                                The competent authorities of Mauritius shall take the
                                                                 necessary steps to carry out quantitative checks on exports
                                                                 of the products referred to in Article 2 and shall forward
Whereas Mauritius has already purchased two vessels with         to the Commission every three months a statement of the
a view to supplying the canneries with raw fish for its          quantities in respect of which movement certificates EUR
production of canned tuna ;                                      1 have been issued on the basis of this Decision.
Whereas the vessels, while increasing their catches                                       Article 4
steadily, are not in a position to supply in a reliable way
sufficient quantities of tuna fish for the canneries ;           The ACP States, the Member States and the Community
whereas the problem appears to be of a temporary nature          shall be bound, each to the extent to which it is
and likely to be solved as soon as the second of the said        concerned, to take the measures necessary to implement
vessels becomes fully operative ;                                this Decision.
Whereas Mauritius has been able to obtain supplies of                                     Article 5
fish originating in other ACP States, or in the Commu­
nity ; whereas, however, there is no guarantee, for the          This Decision shall enter into force on the day of its
moment, that such supplies can be regularly obtained,            adoption.
and therefore, the Mauritius canning industry may need
to call upon supplies of tuna fish from third countries in       Done at Brussels, 11 January 1990.
order to continue its exports of canned tuna to the
Community ;
                                                                                  For the ACP-EEC Customs Cooperation
Whereas in these circumstances a temporary derogation                                             Committee
from the definition of the concept of originating products
should be accorded to Mauritius in accordance with                                              The Chairmen
Article 30 (8) of Protocol 1 ; whereas it seems appropriate                       R. O. MARVILLE                H. CHUMAS