CELEX: 21982D0730(01)
Language: en
Date: 1982-06-22 00:00:00
Title: Decision No 1/82 of the ACP-EEC Customs Cooperation Committee of 22 June 1982 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 221 /20                        Official Journal of the European Communities                            30 . 7. 82
              DECISION        No     1 /82   OF   THE ACP-EEC          CUSTOMS       COOPERATION
                                                     COMMITTEE
                                                   of 22 June 1982
              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 CUSTOMS COOPERATION COMMITTEE,                            Whereas in these circumstances a temporary deroga­
Having regard to the Second ACP-EEC Convention                tion from the definition of the concept of originating
                                                              products should be accorded to Mauritius,
signed at Lome on 31 October 1979, hereinafter
referred to as 'the Convention',
Whereas Article 30 of Protocol 1 to the Convention            HAS DECIDED AS FOLLOWS :
concerning the definition of the concept of originating
products and methods of administrative cooperation                                   Article 1
makes provision for derogations to be made from the
rules of origin by the Customs Cooperation                    By way of derogation from the special provisions of
Committee, in particular to facilitate the development        List A in Annex II to Protocol 1 , canned tuna falling
of existing industries or the creation of new industries ;    within heading No ex 16.04 of the Common Customs
                                                              Tariff, manufactured in Mauritius from tuna origina­
Whereas the African, Caribbean and Pacific (ACP)              ting in the Maldives shall be considered as originating
States have submitted a request from the Government           in Mauritius under the following conditions.
of Mauritius for a derogation from the definition set
out in Protocol 1 in respect of canned tuna produced                                  Article 2
by Mauritius ;
                                                              The derogation provided for in Article 1 shall relate to
Whereas, in order to maintain its existing fishery             1 000 tonnes per year of canned tuna falling within
industry and to take the measures necessary for its            heading No ex 16.(^4 of the Common Customs Tariff
finished products to obtain originating status, Mauri­         and exported from Mauritius between 1 August 1982
tius has from January 1981 to January 1982 benefitted          and 31 July 1984.
from a derogation from the definition set out in
Protocol 1 for canned tuna ;
                                                                                      Article 3
Whereas Mauritius has already purchased a vessel with
                                                              The competent authorities of Mauritius shall take the
a view to supplying the canneries with raw fish for its
                                                               necessary steps to ensure that the tuna used in the
production of canned tuna ;                                    manufacture of the canned tuna referred to in Article
Whereas this vessel, while increasing its catches              1 originates in the Maldives. These authorities shall
steadily, is not in a position to supply sufficient quan­      also carry out quantitative checks on exports of the
tities of tuna fish for the canneries ; whereas the            products referred to in Article 2 and shall forward to
undertaking concerned intends making use of a                  the Commission every three months a statement of
second fishing vessel within a period of three years if        the quantities in respect of which movement certifi­
experience shows that further supplies of originating          cates EUR 1 have been issued on the basis of this
fish cannot be guaranteed ;                                    Decision .
Whereas Mauritius has been unable to obtain suffi­
                                                                                      Article 4
 cient supplies of fish originating in other ACP States ;
whereas the Mauritius canning industry therefore               The ACP States, the Member States and the Commu­
 continues to be dependent upon supplies of tuna fish          nity shall be bound, each to the extent to which it is
 from third countries in order to continue its exports of      concerned, to take the measures necessary to imple­
 canned tuna to the Community ;                                ment this Decision .
Whereas it is possible for Mauritius to meet its tuna
                                                                                      Article 5
 fish requirements for the canneries through supplies
 from other developing countries ; whereas, pursuant to        This Decision shall enter into force on the day of its
 Article 30 (5) of Protocol 1 , the examination of a           adoption.
 request for a derogation should in particular take into
 account such a possibility ;                                  It shall apply from 1 August 1982 until 31 July 1984.