CELEX: 31975R0866
Language: en
Date: 1975-03-18 00:00:00
Title: Regulation (EEC) No 866/75 of the Council of 18 March 1975 on the implementation, until the entry into force of the trade provisions of the convention which is to succeed the convention of 29 July 1969 and at the latest until 31 December 1975, of Decision No 47/74 of the EEC- AASM Association Council derogating from the definition of the concept of "originating products" in order to take account of the special situation of Mauritius with regard to certain textile products

4 . 4 . 75                               Official Journal of the European Communities                            No L 84/3
                                 REGULATION ( EEC) No 866/75 OF THE COUNCIL
                                                        of 18 March 1975
              on the implementation , until the entry into force of the trade provisions of the
              convention which is to succeed the convention of 29 July 1969 and at the latest
              until 31 December 1975 , of Decision No 47 / 74 of the EEC-AASM Association
              Council derogating from the definition of the concept of 'originating products'
              in order to take account of the special situation of Mauritius with regard to
                                                     certain textile products
THE COUNCIL OF THE EUROPEAN                                          has maintained the arrangements provided for in Arti­
 COMMUNITIES,                                                        cles 109 to 114 and 119 of the Act of Accession for
                                                                     the period during which the transitional measures are
 Having regard to the Treaty establishing the European               applied,
 Economic Community and in particular Article 113
thereof ;
                                                                     HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ;
Whereas the Association Council set up under the                                             Article 1
convention of association signed in Yaounde on 29
July 1969 between the European Economic Commu­                       For the purpose of implementing the convention of
nity and the African and Malagasy States associated                  association between the European Economic Commu­
with that Community has adopted Decision No 47/74                    nity and the African and Malagasy States associated
of 27 December 1974 derogating from the definition                   with that Community, Decision No 47/74 of the Asso­
of the concept of 'originating products' in order to                 ciation Council as annexed to this Regulation shall
take account of the special situation of Mauritius with              apply in the Community until the entry into force of
regard to certain textile products ;                                 the trade provisions of the convention which is to
                                                                     succeed this convention of association and at the
Whereas it is necessary in accordance with Article 46                latest until 31 December 1975 .
of the said convention to implement this Decision ;
                                                                                             Article 2
Whereas, pursuant to Article 109 of the Act of Acces­
sion ('), the arrangements resulting from the above­                 This Regulation shall enter into force on the third day
mentioned convention shall not apply in relations                    following its publication in the Official Journal of
between the new Member States and the Associated
                                                                     the European Coounities.
States ; whereas, pursuant to Article 115 of the Act of
Accession , the Council , by Decision No 75/88 / EEC (2)             This Regulation shall apply from 1 January 1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 18 March 1975 .
                                                                                 For the Council
                                                                                   The President
                                                                                     R. RYAN
(') OJ No L 73 , 27 . 3 . 1972, p . 14 .
(2 ) OJ No L 26 , 31 . 1 . 1975, p . 8 .
 ---pagebreak--- No L 84/4                          Official Journal of the European Communities                                4. 4. 75
                                                       ANNEX
                      DECISION No 47/74 OF THE EEC-AASM ASSOCIATION COUNCIL
                                                 of 27 December 1974
              derogating from the definition of the concept of 'originating products' in order to take
              account of the special situation of Mauritius with regard to certain textile products
THE ASSOCIATION COUNCIL,                                     Whereas the setting up of spinning-mills in Mauritius
                                                             has been delayed for reasons connected with the
Having regard to the convention of association               supply of building materials, and whereas therefore,
between the European Economic Community and                  certain of that Associated State's textile products
the African and Malagasy States associated with the          do not yet meet the criteria laid down by the
Community, signed on 29 July 1969 , and in particular        definition of the concept of 'originating products' in
Articles 10 (2) and 62 (2 ) thereof ;                        the relations between the EEC and the AASM ;
Whereas an Association Agreement concerning the              Whereas consequently, the derogation under Decision
accession of Mauritius to the convention of associa­         No 46/73 should be prolonged for a limited period,
tion was signed at Port Louis on 12 May 1972 ;
whereas that Agreement contains the application to
Mauritius of Decisions of the Association Council on         HAS DECIDED AS FOLLOWS :
the definition of the concept of 'originating products',
and in particular of Decision No 36/71 ;
                                                                                      Article 1
Whereas, however, in order to take into account the
special situation of Mauritius, and in order to enable       In derogation from the special provisions in List A
the industries concerned to adapt their production to         annexed to Decision No 36/71 on the definition of
conditions which comply with the definition of the            the concept of 'originating products' and on the
concept of 'originating products', Decision No 46/73         methods of administrative cooperation, textile
of the Association Council stipulates that until 31          products manufactured in Mauritius and falling
December 1974 textile products manufactured in               within Common Customs Tariff heading Nos 60.01 ,
Mauritius and falling within Common Customs                   60.02, 60.04, 60.05 , 61.01 , 61.02, 61.03 , 61.04, 61.07,
Tariff heading Nos 60.01 , 60.02, 60.04, 60.05 , 61.01 ,      61.09 and 61.10 shall be considered as products
61.02, 61.03 , 61.04, 61.07, 61.09 , and 61.10 shall be       originating in Mauritius under the conditions set out
considered as 'originating products', within the limit        hereinafter .
of certain amounts ;
Whereas the Government of Mauritius has presented                                     Article 2
 a request that from 1 January 1975 the definition in
 Decision No 36/71 in respect of certain textile              The derogation shall, for the year 1975 , be limited
products manufactured in that Associated State shall          to the amounts specified below in respect of the
 be suspended for a maximum period of one year ;              products concerned :
 ---pagebreak---   4. 4. 75                           Official Journal of the European Communities                                 No L 84/5
                                                                                                    Total
               60.01           Knitted or crocheted fabric, not elastic
                                or rubberized                                  i     260        i
               60.02           Gloves, mittens and mitts, knitted or                                510
                                crocheted, not elastic or rubberized                  50      /   metric tons
               60.04           Under garments, knitted or crocheted ,
                               not elastic or rubberized
                                                                                     200    '
                                                                                              j
                               Outer garments, clothing accessories
               60.05
                               and other articles, knitted or crocheted ,
                               not elastic or rubberized                             200 j          200
                                                                                                  metric tons
               61.01           Men's and boys' outer garments                        120   \
               61.02           Women's, girls' and infants' outer gar­
                               ments                                                 120
                                                                                                    480
               61.03           Men's and boys' under garments, includ­                            metric tons
                               ing collars, shirt-fronts and cuffs                   120   I
               61.04           Women's, girls' and infants' under gar­
                               ments                                                 120
               61.07           Ties , bow ties and cravats                            25    \
               61.09           Corsets , corset-belts , suspender-belts ,
                               brassieres, braces, suspenders, garters
                               and the like (including such articles of                              60
                               knitted or crocheted fabric ),, whether or                         metric tons
                               not elastic                                            20   (
               61.10           Gloves, mittens^, mitts, stockings, socks
                               and sockettes, not being knitted or cro­
                               cheted goods                                           15
                                                                                                  1 250
                                                                                                  metric tons
 In addition, if, for one of the tariff headings                                           Article 4
mentioned in the table in Article 2 of Decision
                                                                    Movement certificates AY 1 issued pursuant to this
 No 46/73 , the quantity fixed has not been reached                 Decision shall bear one of the following entries :
during 1974 the quantities not used up during that
year may be used in 1975 to the extent of 20 % of                   ' Originating products by virtue of Association
the quantity fixed for the same tariff heading.                     Council Decision No 47/74'.
                                                                   'Marchandises réputés originaires en vertu de la déci­
                                                                   sion n° 47/74 du Conseil d'association '.
                                                                   ' Ursprungserzeugnisse im Sinne des Beschlusses Nr.
                                                                   47/74 des Assoziationsrats '.
                        Article 3
                                                                   'Merci originarie in virtù della decisione n. 47/74
                                                                   del Consiglio di associazione'.
The necessary measures shall be taken by the                       ' Goederen van oorsprong uit hoofde van besluit
                                                                   nr . 47/74 van de Associatieraad '.
Mauritian authorities in order to verify the quality
and quantity of exports of the products referred to                ' Varer med oprindelsestatus i henhold til Associe­
in Article 2 .                                                     ringerådets afgørelse nr. 47/74'.
 ---pagebreak---  No L 84/6                      Official Journal of the European Communities                           4. 4. 75
This entry shall be in red ink under the heading          which are concerned, to take the necessary steps to
' Observations '.                                         implement this Decision.
                                                                                 Article 7
                      Article 5
                                                          This Decision shall enter into force on 1 January
Should imports under this derogation give rise, or        1975 .
threaten to give rise, to difficulties leading to a
change in an economic situation in a region of the        It shall apply pro rata temporis, as far as the
Community, the latter may, pursuant to Article 16 (2)     quantities are concerned, until the trade provisions
                                                          of the convention which is to succeed the convention
of the convention of association, take or authorize
the Member State concerned to take the necessary          of 29 July 1969 are applied, and until 31 December
                                                          1975 at the latest.
protective measures.
                                                          Done at Brussels, 27 December 1974.
                      Article 6
                                                                                       The President
                                                                                of the Association Council
The Associated States, the Member States and the
Community shall be required, each to the extent to                                  Doralta DJIRAIBAYE