CELEX: 21983D0804(01)
Language: en
Date: 1983-07-29 00:00:00
Title: Decision No 1/83 of the ACP-EEC Customs Cooperation Committee of 29 July 1983 derogating from the definition of the concept of 'originating products' to take account of the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)

No L 213/ 12                      Official Journal of the European Communities                               4. 8 . 83
               DECISION       No     1 /83   OF     THE   ACP-EEC        CUSTOMS        COOPERATION
                                                      COMMITTEE
                                                     of 29 July 1983
               derogating from the definition of the concept of 'originating products' to take
               account of the special situation of Malawi and Kenya with regard to certain
                                        items of fishing tackle (fishing flies)
THE CUSTOMS COOPERATION COMMITTEE                              HAS DECIDED AS FOLLOWS :
 Having regard to the Second ACP-EEC Convention
                                                                                        Article 1
signed at Lome on 31 October 1979 (hereinafter
referred to as 'the Convention'),                              By way of derogation from Protocol 1 to the Conven­
Whereas Article 30 of Protocol 1 to the Convention,            tion, items of fishing tackle manufactured in Malawi or
concerning the definition of the concept of 'origina­          Kenya, falling within heading No ex 97.07 of the
ting products' and methods of administrative coopera­          Common Customs Tariff ('fishing flies'), shall be
tion, provides that derogations from the rules of origin       considered as originating in Malawi or Kenya provided
may be adopted by the Customs Cooperation                      that the value of the non-originating fish hooks used
Committee, where the development of existing indus­            for their manufacture and falling within heading No
                                                               ex 97.07 of the Common Customs Tariff does not
tries or the creation of new industries justifies them ;
                                                               exceed 25 % of the value of the finished product.
Whereas the African, Caribbean and Pacific States
(ACP) have requested a derogation from the definition                                  Article 2
set out in Protocol 1 for items of fishing tackle manu­
factured in Malawi and Kenya ;                                 The competent authorities of the Reublic of Malawi
                                                               and the Republic of Kenya shall forward to the
Whereas Malawi and Kenya have from 1 January 1981              Commission evey three months a statement of the
to 31 December 1981 benefited from a derogation                quantities in respect of which El)R 1 movement certi­
from the said definition for fishing tackle thereby            ficates have been issued pursuant to this Decision.
allowing the use of non-originating hooks in the
production of fishing flies ;                                                          Article 3
Whereas Malawi and Kenya have tried to make use of             The ACP States, the Member States and the Commu­
the possibilities offered by the cumulation system on          nity shall be bound, each to the extent to which it is
origin to obtain originating hooks ; whereas by using
                                                               concerned, to take the measures necessary to imple­
these possibilities only part of the hooks needed for          ment this Decision .
the production of fishing flies can be met ;
Whereas Malawi is one of the least-developed ACP                                       Article 4
States and also a landlocked ACP State ; whereas,
pursuant to Article 30 of Protocol 1 , the examination         This Decision shall enter into force on the day of its
of a request for a derogation should particularly take         adoption.
into account these two elements ;
                                                               It shall apply from 1 May 1983 to 28 February 1985.
Whereas any deflection of trade should be avoided ;
whereas this can be achieved by fixing a maximum
percentage of non-originating products incorporated            Done at Brussels, 29 July 1983.
in the finished product ;
                                                                                            Far the Customs
Whereas in these circumstances a temporary deroga­                                      Cooperation Committee
tion from the definition of the concept of originating
products should be accorded to Malawi and Kenya,                                             The Chairmen