CELEX: 31977R0744
Language: en
Date: 1977-04-05 00:00:00
Title: Council Regulation (EEC) No 744/77 of 5 April 1977 on the advance implementation of certain provisions of the ACP-EEC Convention of Lome relating to trade in respect of certain States which have signed Agreements of Accession to the Convention

8 . 4. 77                              Official Journal of the European Communities                            No L 90/ 5
                                        COUNCIL REGULATION (EEC) No 744/77
                                                        of 5 April 1977
               on the advance implementation of certain provisions of the ACP-EEC Conven­
               tion of Lome relating to trade in respect of certain States which have signed
                                        Agreements of Accession to the Convention
 THE COUNCIL OF THE EUROPEAN                                       (a) — Articles 2, 3, 4, 9 and 10 of the ACP-EEC
 COMMUNITIES,                                                               Convention of Lome,
 Having regard to the Treaty establishing the European                 — Protocols 1 , 6 ancj 7 annexed to the Conven­
 Economic Community, and in particular Articles 43                          tion ,
 and 1 1 3 thereof,
                                                                       — the joint declaration on fishing activities
 Having regard to Council Regulation (EEC) No                               annexed to the Convention,
  1059/69 of 28 May 1969 laying down the trade
 arrangements applicable to certain goods resulting                    — the declarations by the Community on Article
                                                                            2 of the Convention, on Article 3 of the
 from the processing of agricultural products (!), as last
 amended by Regulation (EEC) No 3058/75 (2), and in                         Convention and on Article 10 (2) of the
                                                                            Convention contained in Annexes XIV, XV
 particular Article 12 thereof,
                                                                            and XVI to the Final Act of the Convention ;
 Having regard to the Act of Accession, and in parti­
 cular Article 116(2) thereof,                                    (b) Council Regulation (EEC) No 706/76 of 30 March
 Having regard to the proposal from the Commission,                    1976 on the arrangements applicable to agricul­
                                                                       tural products and certain goods resulting from the
 Having regard to the opinion of the European Parlia­                  processing of agricultural products originating in
 ment (3),                                                             the African , Caribbean and Pacific States or in the
 Whereas Agreements of Accession to the ACP-EEC                        overseas countries and territories (5) ;
 Convention of Lome (4), in accordance with Article 90
 thereof, were signed between the European Economic               (c) Council Regulation (EEC) No 1 57/76 of 20
 Community and the Democratic Republic of Sao                          January 1976 on the safeguard measures provided
 Tome and Principe, the Republic of Cape Verde and                     for in the ACP-EEC Convention of Lome (6) ;
 Papua New Guinea ;
                                                                  (d) Council Regulation (EEC) No 1464/76 of 21 June
 Whereas, when these Agreements were signed, the                       1976 on the opening, allocation and administra­
 Community and the States concerned agreed in                          tion of a Community tariff quota for the products
 exchanges of letters to apply unilaterally from the first             falling within subheading 22.09 C I of the
 day of the second month following the signing of                      Common Customs Tariff originating in the ACP
 these exchanges of letters certain provisions of the                  States (7) ;
 ACP-EEC Convention of Lome relating to trade, in
 accordance with the arrangements laid down in the                (e) Annex II to this Regulation .
 Accession Agreements ;
 Whereas it is, therefore, necessary to take appropriate
 measures to this end ;                                                                    Article 2
Whereas, furthermore, the arrangements provided for
 in Article 116 ( 1 ) of the Act of Accession for imports         The provisions of Article 116 ( 1 ) of the Act of Acces­
                                                                  sion shall cease to apply.
 into the United Kingdom of products originating in
 or coming from Papua New Guinea must cease to
 have effect as from the date of entry into force of the
                                                                                           Article 3
 new arrangements applicable under this Regulation to
 trade between that country and the Member States of
 the Community,                                                   This Regulation shall enter into force on the third day
                                                                  following its publication in the Official Journal of
 HAS ADOPTED THIS REGULATION :                                     the European Communities.
                           Article 1                              It shall apply in respect of each of the States referred
The following shall apply from 1 May 1977 to the                  to in Annex I until the entry into force of the Acces­
States referred to in Annex I :                                   sion Agreement concerning it or until 31 December
                                                                   1977 at the latest.
(»)  OJ No  L 141 , 12. 6. 1969, p. 1 .
(2)  OJ No  L 306, 26. 11 . 1975, p. 3.                           (5) OJ No L 85, 31 . 3. 1976, p. 2.
(3)  OJ No  C 83, 4. 4. 1977, p. 26.                              (') OJ No L 18, 27. 1 . 1976, p. 1 .
(<)  OJ No  L 25, 30. 1 . 1976, p. 1 .                            (7) OJ No L 165, 25. 6. 1976, p. 5.
 ---pagebreak--- No L 90/6                         Official Journal of the European Communities                                 8 . 4. 77
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
          Done at Luxembourg, 5 April 1977.
                                                                            For the Council
                                                                              The President
                                                                                D. OWEN
                                                        ANNEX I
                                       List of the States referred to in Article 1
          The Democratic Republic of Sao Tome and Principe
          The Republic of Cape Verde
          Papua New Guinea
                                                       ANNEX II
                 concerning the transitional arrangements for the issue of certificates of origin
          Goods which conform to the provisions of Protocol 1 to the ACP-EEC Convention of Lome on the
          concept of 'originating products' and which, on the date of entry into force of the Accession Agree­
          ment, are being either transported or held in the Community, in an ACP State or in one of the States
          referred to in Annex I, in bonded warehouses or in free zones (including free ports and free ware­
          houses) may be allowed to benefit under the provisions of the aforesaid Agreement, subject to the
          submission to the customs authorities in the importing country, within four months of the said date,
          of :
          (a) a movement certificate EUR.l issued retrospectively by the customs authorities of the exporting
               State ; or
          (b) a certificate of origin issued by the competent authorities in that State,
          and, in either case, any documents which provide supporting evidence of direct transport.