CELEX: 51985PC0303
Language: en
Date: 1985-06-13
Title: Draft DECISION OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE 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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (85) 303
Vol. 1985/0129
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 ---pagebreak--- COMMISSION OF/THE EUROPEAN COMMUNITIES
                                           COMC85) 303 final
                                           Brussels, 13 June 1985
                                    Draft
           DECISION OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE
   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
                (submitted to the Council by the Commission)
   C0M(85) 303 final
 ---pagebreak---                                                             C * M /n /2 o£
                               EXPLANATORY NOTE
Since 1977, Mauritius has been granted a series of derogations from the rules
of origin governing its exports of canned tuna to the Community, under the
Lomé Convention. These derogations resulted from the difficulties encountered
by the single canning plant on the island in supplying itself with tuna from
ACP or Community states.
In 1979 this situation, which results from a still unreliable fishing
environment in the Indian Ocean, was partially improved by the Mauritian
tuna canning company's acquisition of a fishing vessel. While the catch of
native fish was increased and regularized the vessel's capacity was not
sufficient to bring the yield of the Mauritian industry up to a minimum
level. On the basis of the latest derogations given, Mauritius has used
tuna originating from the Maldives, a neighbouring country which is on the
list of least developed countries.
The latest derogation granted to Mauritius was for a short period of seven
months, with a view to covering the period to the end of the second Lomé
Convention. It expired therefore with Lomé II on 28 February 1985 and on
that date the ACP States presented a request (*) for an extension on behalf
of Mauritius based on transitional measures and on the future Lomé III
Convention.
Under the terms of this request, Mauritius is seeking the renewal of the
derogation for a three-year period, plus a possible extension for two years,
in accordance with the procedure laid down (automatic renewal, unless one of
the parties objects), for a quantity of 1 000 tonnes of preserved tuna per
annum.
It has also requested that there be no restriction as to the origin of the
imported fish.
(*) Letter from Mr. JOHNSON, Co-Chairman of the ACP-EEC Customs Cooperation
    Committee to Mr. KLEIN (28 February 1985). Ref. ACP/64/7/(I)/85.
 ---pagebreak---                                   - 2 -
The reasons given by Mauritius are as follows :
-    the situation as regards supplies of tuna in the region has not improved ;
     the Mauritian company has been unable to obtain fish supplies from Community
     vessels fishing in the exclusive economic zone of the Seychelles, as
     these do not offer the guaranteed regularity necessary.
     the conditions for provisioning from the Maldives are still unreliable
     with regard to both quantity and quality ; moreover, the Mauritian
     company has found difficulties in negotiating acceptable contracts with
     the Maldives authorities.
-    the intake of native fish by the Mauritian vessel, although it has
     obtained a more regular supply since its authorization to fish in the
     Seychelles waters, is insufficient.
     as the financial situation of the Mauritian   canning     company is still
     unsteady, it cannot consider the purchase of a second fishing vessel just
     now and the jobs of the workforce (389) cannot be safeguarded without a
      relatively long derogation.
 During the negotiations leading up to the renewal of the Lomé Convention, a
 great stumbling block in the discussions was the question of rules of origin
 governing fishery products ; the Community was able to avoid fundamental
 changes only by undertaking, under Annex XXX in particular, to examine in
 a positive spirit the requests for derogations presented by the ACP States.
 Although the Mauritian request does not come under the criteria of the
 declaration in Annex III, the ACP States will attach special significance to
                                                                 ···/···
 ---pagebreak---                                            .1
                                     - 3 -
  the way in which it is handled, in that this presents the first and only
                             '     ‘   I
  request made regarding fishing matters since that time. This facet is of
  central importance in the light of the re-examination of matters relating
  to origin as applied to fishing which has been planned for the first year
  of the Convention's implementation.                             ~
              •1
  For these reasons the Commission proposes to respond favourably to the
  Mauritian request, as follows :                         *
                                *                        *
    (i)   the new derogation will be implemented from 1 March 1985 for a
          period of Jhree years, in accordance with the procedure provided
\         for in Article 30 (8)(a) of Protocol 1 to Lomé III.
    The Commission is of the opinion that it would be right to give full
    effect to the new provisions of the Convention in order to demonstrate
    the Community's goodwill in this matter to the ACP States ; taking into
    account the perspective'of the enlargement, it does not consider that the
    possibility or not of a renewal can be judged at this stage.
    (ii)  the annual ceiling will be 1 000 tonnes of canned tunà,~
    This amount is the same as in the past and represents a tiny percentage of
    total Community imports.
    (iii)  only fish originating in developing countries may be used, as
           was the case under the last derogation.
 ---pagebreak---                                       Draft
DECISION No                  OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE
                                      of
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
Having regard to the second ACP-EEC Convention, signed at Lomé on
31 October 1979,
Having regard to Council Regulation (EEC) N o ..485/85 of 26 February
<1905                                                 concerning the application of
Decision No 2/85 of the ACP-EEC Council of Mauritius on transitional
measures valid from 1 March 1985,
Whereas Decision No 2/85 states in Article 4 that the provisions
 concerning the procedure for derogating from the rules of origin contained
in Article 30 of Protocol 1 to the third ACP-EEC Convention, signed in
Lomé on 8 December 1984, are to be applied in advance as from 1 March
 1985;
 Whereas Article 30 of Protocol 1 to the third Convention
 concerning the definition of the concept of originating
 products and methods of administrative cooperation
 makes provision for derogations to be made, from the
 rules of origin by . the Customs Cooperation
 Committee, in particular to facilitate the development
 61 existing industries or thft.creatlon of new industries;
Whereas the African, Caribbean and Pacific (ACP)
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;                 ·
Whereas, in order to maintain its existing fishery
industry and. to take the measures necessary for its
finished products to obtain originating status, Mauri­
tius has from 1 August 1984 to 28 February-1985 benefited
from the definition set out in Protocol I for canned
tuna ;                                             ·· '
Whereas Mauritius has already,purchased a vessel with
a view to supplying the canneries with raw fish for its -
production of canned tuna;
  (1) OJ No L 61 o f 1 .3 .1 9 8 5 , p.1
 ---pagebreak---                                                 - 2 -
      Where»« this. venel, while increasing lu ettchei ■
      steadily. Is not In » position to supply sufficient quan­
      tities of tune fish for the canneries; whereas the
'     undertaking concerned intends making use of a
      second fishing vessel within the Coming           years if
      experience khows that further supplies of originating
      fish cannot be guaranteed ;
      Whereas Mauritius ha< been unable to obtain suffi­
      cient supplies of fish originating in other ACP States; ·
      whereas the Mauritius canning industry therefore
      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 it is possible for Mauritius to meet its tuna .
       fish requirements · for the canneries through supplies
       from other developing Countries; whereas, pursuant, to
    • Article 30 (5). of Protocol 1, the examination of a ’               ___^
       request for a derogation should in particular take into       ' ■·      ,
       account such a possibility;
       Whereas in these circumstances a temporary deroga·;
       tion from the definition of the concept of originating
       products should be accorded to Mauritiusiri accordance with
      •Article 30(8) of Protocol " 1, ■
  •     HAS DBCIDBD AS FOLLOWS:            .        .
                          \     Article 1
        By way of derogation from the special provisions of
        List A in Annex II to Protocol 1, canned tuna falling
       within heading No ex 16.04 of tlw Common Customs
       Tariff, manufactured in Mauritius from tuna originat­
        ing in other developing countries shall be considered
        as originating in Mauritius under the follqwlng condi­
        tions.                            1■
                                Article 2
        The derogation provided lot in Article 1 shall relate to an annual quantity of
       100Qtonnes of canned tuna falling within heading No
        ex 16.04 of the Common Customs Tariff and exported .
        from Mauritius between 1 Fterch 1985 ‘ and 29
        February i 988.
                                Article 3
                                                        **
       The competent authorities of Mauritius shall take the
        necessary steps to ensure that the tuna used in the
        manufacture of the canned'tuna referred to in Article >
     - i . originates in other1 developing countries. These
        authorities shall also carry out quantitative checks on
        exports of the products referred to in Article 2 and
        shall forward to the Commission every three, months a
        statement of the quantities In respect of which move­
        ment certificates EUR 1 have been issued on the basis
        of this Dejision.             . '
                                Article 4
        The(ACP States, the Member States and the Commu­
        nity shall be bound, each to the extent to which it is
        concerned, to take the measures necessary to imple-.
        ment this Decision.
 ---pagebreak---                                      - 3 -
    -------- '   \ Article 5
This Decision shall çnter into force on the day of its
adoption.
It shall apply from 1 March 1985. It shall cease to apply on
28 February 1986 if the third ‘ ACP-EEC Convention has not entered
into force by that date.
Done at Brussels                                           For the Customs
                                                       Cooperation Committee
                                                            ACP-EEC
                                                          The Chairman