CELEX: 31971R2861
Language: en
Date: 1971-12-20 00:00:00
Title: Regulation (EEC) No 2861/71 of the Council of 20 December 1971 concerning the application of Decision No 41/71 of the Council of Association provided for by the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community

Official Journal of the European Communities                                      89
3 1 . 1 2.7 1                            Official Journal of the European Communities                               No L 289/9
                                    REGULATION (EEC) No 2861/71 OF THE COUNCIL
                                                       of 20 December 1971
              concerning the application of Decision No 41/71 of the Council of Association provided for
              by the Convention of Association between the European Economic Commtm^y and the
                                 African States and Madagascar associated with the Community.,
THE COMMISSION OF THE EUROPEAN                                       Whereas, however, a derogation has been made from
COMMUNITIES,                                                         that Decision, with effect from 1 December 1971 , by
Having regard to the Treaty establishing the European                Decision No 41/71 of the Council of Association in
                                                                     order to take into account the special situation of Mauri­
Economic Community, and in particular Article 113
thereof;
                                                                     tania with regard to fishery products;
                                                                     Whereas , in accordance with Article 46 of that Conven­
Having regard to the Internal Agreement 1 on the meas­
ures to be taken and the procedures to be followed for
                                                                     tion, measures required for implementation of that Deci­
                                                                     sion should be taken,
purposes of the application of the Convention of Asso­
ciation between the European Economic Community                      HAS ADOPTED THIS REGULATION :
and the African States and Madagascar associated with
the Community, and in particular Article 2 thereof;
Having regard to the proposal from the Commission;                                            Article 1
Whereas a Convention of Association 2 between the                    By way of derogation from Decision No 36/71 on the
European Economic Community and the African States                   Council of Association annexed to Regulation (EEC) No
 and Madagascar associated with the Community was                     1251/71 , Decision No 41/7 ! of the Council of Associa­
signed on 29 July 1969 and entered into force on 1 Janu­             tion, annexed to this Regulation, shall apply.
ary 1971 ;
Whereas Regulation (EEC) No 1251/71 3 brought into                                            Article 2
effect Decision No 36/71 of the Council of Association
on the definition of the concept of 'originating products'           This Regulation shall enter into force on the day follow­
for the application of Title I of the Convention of Asso­            ing its publication in the Official Journal of the Euro­
ciation and on methods of administrative cooperation;                pean Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member States.
              Done at Brussels, 20 December 1971 .
                                                                                                  For the Council
                                                                                                   The President
                                                                                                    M. PEDINI
 1 OJ No L 282, 28.12.1970, p. 44.
2 OJ No L 282, 28.12.1970, p. 2.
3 OJ No L 135, 21.6.1971 , p.l .
 ---pagebreak--- 90                                      Official Journal of the European Communities
                                                     DECISION No 41/71
                of the Council of Association derogating from the definition of the concept of 'originating
                products' in order to take into account the special situation of Mauritania with regard to
                                                         fishery products
THE COMMITTEE OF ASSOCIATION,                                       heading Nos 03.01 (excluding tuna, sardines and small
                                                                    sharks), 03.02 and 03.03 of the Common Customs
 Having regard to the Convention of Association between             Tariff.
 the European Economic Community and the African
 and Madagascar States associated with that Community
                                                                                             Article 3
 signed at Yaounde on 29 July 1969, and in particular
Article 10 thereof;                                                 The necessary measures for the quantitative control of
                                                                    the exports referred to in Article 2 shall be taken by the
 Having regard to Decision No 36/7 1 of the Council of              Mauritanian authorities.
Association on the definition of the concept of
'originating products' for the application of Title I of the        A.Y.I movement certificates issued in pursuance of this
 Convention of Association and on methods of adminis­               Decision must bear the endorsement 'originating goods
 trative cooperation;                                               in accordance with Decision No 41/71 of the Council of
                                                                    Association'. This endorsement shall be entered in red
 Having regard to Decision No 37/71 of the Council of               ink in the space for 'remarks'.
Association authorizing the Committee of Association
to amend or supplement Decision No 36/71 ;
                                                                                             Article 4
Whereas Decision No 36/71 defines the concept of                    If imports made in pursuance of this derogation cause or
'originating products' for the application of Title I of the        threaten to cause difficulties leading to changes in the
Convention of Association and lays down the methods                 economic situation of a region within the Community,
of administrative cooperation, in particular with regard            the Community may, in accordance with Article 16(2)
to fishery products;                                                and (4) of the Yaounde Convention, take or authorize the
                                                                    Member State concerned to take the necessary protective
Whereas, however, in order to take into account the spe­            measures, including those for eliminating deflection of
cial situation of Mauritania and the fact that its fish pre­        trade.
paration factories are supplied in part by fishermen
from the Canaries residing in its territory, a derogation
in favour of Mauritania should be made from the defini­                                      Articles
tion of origin laid down by the Decision referred to                The Associated States, the Member States and the
above,                                                              Community shall, each respectively for its part, take the
                                                                    measures required for the implementation of this Deci­
HAS DECIDED :                                                       sion.
                          Article 1
                                                                                             Articled
By way of derogation from the provisions of Decision
No 36/71 , fishery products caught in Mauritanian wat­              This Decision shall enter into force on 1 December
ers by fishermen from the Canaries resident in the terri­           1971 . It shall apply until 31 January 1975 . However,
tory of Mauritania, which have undergone processing                 Article 2 may if necessary be amended by a Decision of
(freezing, slicing or filleting) carried out exclusively in         the Council of Association.
that country, shall, for the application of Title I of the
Convention of Association, be considered as products
originating in Mauritania.
                                                                    Done at Brussels, 23 November 1971 .
                          Article 2
This derogation shall be limited to an annual quantity of                       The President ofthe Committee ofAssociation
3 500 metric tons of fishery products, falling within                                             A.SISSOKO