CELEX: 21985D0912(03)
Language: en
Date: 1985-07-16 00:00:00
Title: Decision No 3/85 of the ACP-EEC Customs Cooperation Committee of 16 July 1985 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

12. 9 . 85                             Official Journal of the European Communities                         No L 244/ 15
               DECISION           No    3/85     OF    THE ACP-EEC        CUSTOMS         COOPERATION
                                                         COMMITTEE
                                                        of 16 July 1985
               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,                        of tuna fish for the canneries ; whereas the underta­
                                                                  king concerned intends making use of a second
Having regard to the Second ACP-EEC Convention,                   fishing vessel within the coming years if experience
signed at Lome on 31 October 1979,                                shows that further supplies of originating fish cannot
                                                                  be guaranteed ;
Having regard to Council Regulation (EEC) No 485/85
                                                                  Whereas Mauritius has been unable to obtain suffi­
of 26 February 1985 concerning the application of
Decision No 2/85 of the ACP-EEC Council of Minis­                 cient supplies of fish originating in other ACP States ;
ters on transitional measures valid from 1 March                  whereas the Mauritius canning industry therefore
1985 0),                                                          continues to be dependent upon supplies of tuna fish
                                                                  from third countries in order to continue its exports of
                                                                  canned tuna to the Community ;
Whereas Decision No 2/85 (2) states in Article 4 that
the provisions concerning the procedure for deroga­
ting from the rules of origin contained in Article 30 of          Whereas it is possible for Mauritius to meet its tuna
Protocol 1 to the Third ACP-EEC Convention, signed                fish requirements for the canneries through supplies
in Lome on 8 December 1984, are to be applied in                  from other developing countries ; whereas, pursuant to
advance as from 1 March 1985 ;                                    Article 30 (5) of Protocol 1 , the examination of a
                                                                  request for a derogation should in particular take into
                                                                  account such a possibility ;
Whereas Article      30    of    Protocol   1  to  the  Third
ACP-EEC Convention concerning the definition of
the concept of originating products and methods of                Whereas in these circumstances a temporary deroga­
administrative cooperation makes provision for deroga­            tion from the definition of the concept of originating
tions to be made from the rules of origin by the                  products should be accorded to Mauritius in accor­
Customs Cooperation Committee, in particular to faci­             dance with Article 30 (8) of Protocol 1 ,
litate the development of existing industries or the
creation of new industries ;
Whereas the African, Caribbean and Pacific (ACP)                  HAS DECIDED AS FOLLOWS :
States have submitted a request from the Government
of Mauritius for a derogation from the definition set
out in Protocol 1 in respect of canned tuna produced
by Mauritius ;                                                                            Article 1
Whereas, in order to maintain its existing fishery                By way of derogation from the special provisions of
industry and to take the measures necessary for its               List A in Annex II to Protocol 1 , canned tuna falling
finished products to obtain originating status, Mauri­            within heading No ex 16.04 of the Common Customs
tius has from 1 August 1984 to 28 February 1985                   Tariff, manufactured in Mauritius from tuna origina­
benefited from a derogation from the definition set out           ting in other developing countries shall be considered
in Protocol 1 for canned tuna ;                                   as originating in Mauritius under the conditions set
                                                                  out in this Decision .
Whereas Mauritius has already purchased a vessel with
a view to supplying the canneries with raw fish for its
production of canned tuna ;                                                               Article 2
Whereas this vessel, while increasing its catches stea­           The derogation provided for in Article 1 shall relate to
dily, is not in a position to supply sufficient quantities        an annual quantity of 1 000 tonnes of canned tuna
                                                                  falling within heading No ex 16.04 of the Common
(') OJ No L 61 , 1.3 . 198.5, p . 1 .                             Customs Tariff and exported from Mauritius between 1
(2) OJ No L 61 , 1 . 3 . 198.5 , p . 2.                           March 1985 and 29 February 1988 .
 ---pagebreak--- No L 244/ 16                      Official Journal of the European Communities                          12. 9 . 85
                        Article 3                           concerned, to take the measures necessary to imple­
                                                            ment this Decision .
The competent authorities of Mauritius shall take the
                                                                                  Article 5
necessary steps to ensure that the tuna used in the
manufacture of the canned tuna referred to in Article
                                                            This Decision shall enter into force on the day of its
1 originates in other developing countries. These           adoption .
authorities shall also carry out quantitative checks on
exports of the products referred to in Article 2 and        It shall apply from 1 March 1985. It shall cease to
shall forward to the Commission every three months a        apply on 28 February 1986 if the Third ACP-EEC
statement of the quantities in respect of which move­       Convention has not entered into force by that date.
ment certificates EUR 1 have been issued on the basis
of this Decision .
                                                            Done at Brussels, 16 July 1985.
                                                                            For the ACP-EEC Customs
                        Article 4
                                                                              Cooperation Committee
                                                                                  The Chairmen
The ACP States, the Member States and the Commu­
nity shall be bound, each to the extent to which it is             F. KLEIN                    Rudolph JOHNSON