CELEX: 51980PC0009
Language: en
Date: 1980-01-21
Title: DRAFT DECISION OF THE ACP-EEC COUNCIL OF MINISTERS derogating from the concept of 'originating products' to take account of the special situation of Mauritius with regard to its production of canned tuna#Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No of the ACP-EEC Council of Ministers derogating from the concept of 'originating products' to take account of the special situation of Mauritius with regard to its production of canned tuna#Recommendation for a COUNCIL REGULATION (EEC) derogating from the concept of "originating products" to take account of the special situation of Mauritius with regard to its production of canned tuna (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 9
Vol. 1980/0002
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(80)9 final.
                                                  Brussels - 21 January 1980
          DRAFT DECISION OF THE ACP-EEC COUNCIL OF MINISTERS
derogating from the concept of 'originating products' to take account
of the special situation of Mauritius with regard to its production of
                              canned tuna
                           Proposal for a
                      COUNCIL REGULATION ( EEC )
on the application of Decision No            of the ACP-EEC Council of
Ministers derogating from the concept of 'originating products' to
take account of the special situation of Mauritius with regard to
                    its production of canned tuna
                        Recommendation for a\/ A
                      COUNCIL? REGULATION ( EEC )
                          π^?    ? -         ^    ^
derogating from the concept of Originating products' to take account
of the special situation of Mauritius: with regard to its production
                           via
                           o of canned tuna    ,Ay
                                          ;\
           ( submitted to the Council by the Commission )
C0M(80 ) 9 final .
 ---pagebreak---                             EXPLANATORY NOTE
A derogation to the definition of the concept of originating products was
introduced for Mauritius by Council of Ministers ACP-EEC Decision No 12/77
of 21 December 1977 for their production of tinned tuna .
This derogation , for 1,600 tonnes , was valid from 25 November 1977 to 24
November 1978 . It was aimed at safeguarding the development of an existing
industry whose future was threatened by unforeseen circumstances an4 to
permit Mauritius to take the steps needed so that the production of tinned
tuna could qualify as originating there .
A new derogation , for the period 25 November 1978 and 24 November 1979 , was given
to Mauritius by Council of Ministers ACP-EEC Decision No 2/79 of 23 March 1979
for 1,600 tonnes , as the previous derogation had not permitted Mauritius
to solve its problems in conferring originating status on tinned tuna .
In a letter , dated 23 October 1979,' the Chairman of the ACP Ambassador 's
Committee presented a request from Mauritius for an extension of six months .
It seems that the Mauritian company involved has bought a boat in Japan , the
date of delivery to Mauritius , which was originally in June , has had to be
delayed to December because of unexpected circumstances .
It is necessary to allow for a period of six months , after delivery in .
December , for accomplishing the formalities of registration and to give
time for the crew to get used to the novel technique of seine fishing .
 ---pagebreak---  So it seems that a furtner derogation for six months for half the quantities
allowed for in the previous yearly derogations , that is 800 tonnes , would
enable Mauritius to be able to meet the origin rules . This new derogation
tannot in any eventuality be subject to a further prolongation .
As the present Convention runs out on 1 March 1980 it is necessary to
foresee :
- a Decision of the Council of Ministers EEC-ACP for the period from-
   25 November 1979 to 29 February 1980 , with a Council Regulation applying
   it in the Community ;
- a Council Regulation for the period between 1 March and 24 May 1980 .
As both the Decision and the Regulation cover roughly three month periods
it seems sensible to allow for an amount of 400 tonnes for each period.
Iritis , the Commission  recommends the attached drafts .
 ---pagebreak---               DRAFT DECISION No                OF THE ACP-EEC COUNCIL OF MINISTERS
                 derogating from the concept of originating products' to take account of the
                   special situation of Mauritius with regard to its production of canned tun»
 THE ACP-EEC COUNCIL OF MINISTERS,                                                              Article 2
  Having regard to the ACP-EEC Convention of Lome                    This derogation shall relate to 400 . tonnes of canned
  signed on 2X February 1975 hereinafter called 'the                  tuna falling within heading No ex 16.04 of the
  Convention', and in particular Article 9 (2) thereof.               Common Customs Tariff and exported from Mauritius
                                                                      between 25 November 1979 and 29 February 1980 .
  Whereas Article 27 of Protocol No 1 to the Conven - 1 '
  tion concerning the definition of the concept of 'origi­
  nating products' and methods of administrative coop­           V
  eration , states jhat derogatidns from the rules of origin
  may be made, in particular to facilitate the develop- .
  nieut of existing industries or the creation of new
  industries ; v            >
  Whereas the ACP States have submitted a request
' from the Government of Mauritius for a derogation
  from the definition set out in the said Protocol for '
  canned tuna produced by that State ;                         <
  Whereas in oidcr to catch fish for its canneries Mauri­
  tius has decided to set up its own fleet of vessels so
  that the finished products are originating products
  within the meaning of Protocol No 1 to the Conven- .
   tion ;                                         '                                             Articlé 3
 Whereas the fleet will become operational only int                    The competent authorities of Mauritius shall take the
   about six months ;                                .' ,              necessary steps to carry out quantitative checks on
   Whereas, in accordance with Article 27 of Protocol ■              • exports of the products referred to in Article 2 and
                                                                       shall forward to the Commission J                    a
   No 1 . the Customs Cooperation Committee has
                                                                  . statement of the quantities in respect of which move­
   adopted a report on the said request ;        ■ >. •-               ment certificates EUR 1 have been issued pursuant to
   Whereas the derogation from the                                     this Decision .
   concept of originating products
   should not exceed six months ;                            <.                         <     | Article 4
                                                                       The ACP States, the Member States and the Commu­
                                                                       nity shall be required, each for its own part, to take
                                                                       the necessary steps to implement this Decision.
   Whereas in these circumstances a temporary deroga­
   tion may be made from the definition of the concept                         ■            ' 1 Article .5           :   v
   of originating products,                                         . This Decision shall enter into force on 25 November
                                                                   ■ 19^). It shall apply until 29 February 1980.
   HAS DECIDi-D AS FOLLOWS :                      V'
                              Article 1                                Done at   V
                                                                                                         -T-
    By way of derogation from the special provisions of
    List A. in Annex II to Protocol No 1 , canned tuna                                              For the ACP-EEC
    manufactured in Mauritius and falling within heading                                          Council of Ministers
    No ex 16.04 of the Common Customs Tariff shall be
                                                                                                       The President
   considered as originating in Mauritius subject to the
    following conditions.
 ---pagebreak---                                                        Proposal for a
                                          COUNCIL REGULATION ( EEC)
                      on the application of Decision No             of the ACP-EEC Council ot Ministers
                      derogating from the concept' of 'originating products' to take account of the
                        special situation of Mauritius with regard to its production of canned tuna
T i ; ; : ( O.UNCIL OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES.                                         •  '      •
I l ..\ : :ig " regard to the Treaty establishing the European                               Article 1
Economic Community, and in particular Article 113
thereof,                                                  ■           Decision No .    . of the ACP-EEC Council of Minis­
                                                                     ters shall apply in the Community.
Having regard to the proposal from the Commission,
                                                                      The text of the Decision is annexed to this Regula­
Whereas the ACP-EEC Council of Ministers set up                       tion .
under the ACP-F.HC Convention of Lome ( '), signed
on .'K February 1975, adopted, pursuant to Article 9
( 1 ) ol the said Convention, Decision No. .                dcro-                            Artidi 2
g.ii . nt; from the concept of 'originating products' to
: akt .Kvount of the special situation of Mauritius ,with             This Regulation shall enter into force on the day
ree.ud to its production of canned tuna ;                             following its publication in the Official Journal of
                                                                      the European Communities.
Whereas it is necessary, in accordance with Article 7^
(3) of the Convention, to take the measures required                  It shall apply from 25 November 1979 until
to implement that Decision,                .                          29 February 1980. *           ...           .
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.         •                                                                 •
                      Done at Brussels. .
                                                                                 For the Council
                                                                                   The President
                                                            '                                            - ■          9
                                                    w '•                        \ . ■ /. V - ■ ' v ;         .'
                    '               x            -,          *    '                            . .«
( ') OJ No L 25. 30. I. 1976, p. 2.
                                         \
 ---pagebreak---                             Recommendation for a
                          COUNCIL REGULATION ( EEC )
derogating from the concept of originating products to take account of the
special situation of Mauritius with regard to its production of canned tuna
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof .
Having regard to the proposal from the Commission ,
Having regard to Council of Ministers ACP-EEC Decision No '              ( 1 ) on
the transitional measures to be applied From 1 March 1980 and providing for
the anticipated entry into force of certain of the provisions of the Lome II
Convention by means . of autonomous decisions ,                  -
Whereas that Decision provides for a procedure for derogations from the
rules of origin by means of autonomous decisions , for the purpose inter alia
of. facilitating the development of existing industries or the creation of .
new ones ;                                            -  -
Whereas, in order to catch fish for. its canneries Mauritius has decided to
set up iifcs own fleet of vessels ,so .that the finished products are originating
products ;                        ■                           .
Whereas the fleet will become operational only in about six months' time ;
Whereas the derogation from the concept of originating products should not .
exceed six months ;     "
Whereas in these circumstances a temporary derogation may be made from the
definition of the concept of originating products ;             ,
                                                            • • •/ • • •
( 1 ) QJ NO L          of
 ---pagebreak---                                   - 2 -
HAS ADOPTED THIS REGULATION :
Article 1
By way of derogation from the special provisions of List A in Annex II to
Protocol No 1 of the Lome Convention , canned tuna manufactured in Mauritius
and falling within heading No ex 16.04 of the Common Customs Tariff shall
be considered as originating in Mauritius subject to the following
conditions .
Article 2
This derogation shall relate to 400 tonnes of canned tuna falling within
heading No ex 16.04 of the Common Customs Tariff and exported from Mauritius
between 1 March 1980 and 24 May 1980 .
Article 3
                                »    ■                 '
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 to the Commission -                   a state­
ment of the quantities in respect of which movement certificates ,EUR.l
have been issued pursuant to this Regulation .
Article 4
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                     For the Council
                                       Hie President
OJ No L                of