CELEX: 21980D0628(01)
Language: en
Date: 1980-02-27 00:00:00
Title: Decision No 3/80 of the ACP-EEC Council of Ministers of 27 February 1980 derogating from the definition of the concept of originating products to take account of the special situation of Malawi and Kenya with regard to certain items of fishing tackle(fishing flies)

28 . 6 . 80                         Official Journal of the European Communities                        No L 163/ 11
                     DECISION No 3/80 OF THE ACP-EEC COUNCIL OF MINISTERS
                                                 of 27 February 1980
               derogating from the definition of the concept of originating products to take
               account of the special situation of Malawi and Kenya with regard to certain
                                        items of fishing tackle (fishing flies)
THE ACP-EEC COUNCIL OF MINISTERS,                             Kenya falling within tariff heading No ex 97.07,
                                                              'fishing flies', shall be considered as originating in
Having regard to the ACP-EEC Convention of Lomé,              Malawi and Kenya provided that the value of the non­
signed on 28 February 1975 (hereinafter referred to as        originating fish-hooks used for their manufacture,
'the Convention '), and in particular Article 9 (2)           falling within tariff heading No ex 97.07, does not
thereof,
                                                              exceed 25 % of the value of the finished product.
Whereas Article 27 of Protocol 1 to the Convention
concerning the definition of the concept of origi­
nating products and methods of administrative co­                                     Article 2
operation, makes provision for derogations from the
rules of origin in particular to facilitate the develop­      The competent authorities of the Republic of Malawi
ment of existing industries or the creation of new             and the Republic of Kenya shall forward to the
industries ;                                                   Commission every quarter a statement of the quanti­
                                                               ties in respect of which movement certificates EUR 1
Whereas the ACP States have submitted a request for            have been issued pursuant to this Decision, indicating
a derogation from the definition set out in Protocol 1         the Member States of destination .
for items of fishing tackle manufactured in Malawi
and Kenya ;
Whereas, in accordance with Article 27 of Protocol 1 ,                                Article 3
the Customs Cooperation Committee has adopted a
report on this request ;                                       The ACP States, the Member States and the Commu­
                                                               nity shall be bound, each to the extent to which it is
Whereas the possibilities offered by the cumulation            concerned, to take the measures necessary to imple­
system on origin do not provide a solution to the              ment this Decision .
origin problem for items of fishing tackle manufac­
tured in Malawi and Kenya ;
                                                                                       Article 4
Whereas a further derogation for two years has been
 requested by the ACP States for Malawi and Kenya ;
                                                               This Decision shall enter into force on 1 January
Whereas this Convention expires on 29 February                  1980 .
 1980 and it is consequently necessary to limit the
 period of validity of this Decision so that it does not       It shall apply until 29 February 1980 .
 extend beyond that date ;
 Whereas any possible deflection of trade should be
 avoided ; whereas this can be achieved by fixing a
 maximum percentage of non-originating products                 Done at Brussels, 27 February 1980.
 incorporated in the finished products,
                                                                                          For the ACP-EEC
 HAS DECIDED AS FOLLOWS :                                                                Council of Ministers
                          Article 1
                                                                                             The President
 By way of derogation from the provisions of Protocol
 1 , items of fishing tackle manufactured in Malawi and                                       A. RUFFINI