CELEX: 51979PC0718
Language: en
Date: 1979-12-07
Title: Draft DECISION OF THE ACP-EEC COUNCIL OF MINISTERS derogating from the definition of the concept of "originating products" to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)#Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No /79 of the ACP-EEC Council of Ministers derogating from the definition of the concept of "originating products" to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)#Proposal for a COUNCIL REGULATION (EEC) derogating from the definition of the concept of "originating products" to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)#Draft(DECISION OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE derogating from the definition of the concept of "originating products" to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing flies)#Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No /80 of the ACP-EEC Customs Cooperation Committee derogating from the definition of the concept of "originating products" to take into account the special situation of Malawi and Kenya with regard to certain items of fishing tackle (fishing (flies) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 718
Vol. 1979/0243
 ---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
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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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(79 ) 718 final .
                                                         Brussels , 7 Brussels , 1979
                                        Draft
              DECISION OF THE ACP-EEC COUNCIL OF MINISTERS                        . ■
derogating from the definition of the concept of " originating products" to
take into account the special situation of Malawi and Kenya with regard to
           certain items of fishing tackle ( fishing flies )
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
   on the application of Decision No             / 79 of the ACP-EEC Council
of Ministers derogating from the definition of the concept of " originating
products" to take into account the special situation of Malawi and Kenya
  with regard to certain items of fishing tackle ( fishing flies )
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
derogating from the definition of the concept of " originating products" to
take into account the special situation of Malawi and Kenya with regard to
            certain items of fishing tackle ( fishing flies )
          ,/V
            / s v
           |u .":       ■
                               ;
                             V ■   ■
                                     \ Draft •
                                      : . J
                                                          ■
        DECISION OF THE ACP-EEC CUSTOMS COOPERATION COMMITTEE                 «
 derogating^' from the^ definition of the concept of "originating products" to
 take into account the special situation of Malawi and Kenya with regard to
            certain items of fishing tackle ( fishing flies )
                                 Proposal for a
                          COUNCIL REGULATION ( EEC )
       on the application of Decision No             / 80 of the ACP-EEC Customs
 Cooperation Committee derogating from the definition of the concept of
 " originating products" to take into account the special situation of
 Malawi and Kenya with regard to certain items of fishing tackle ( fishing
                                       ( flies )
              ( submitted to the Council by the Commission )
COM(79 ) 718 final .
 ---pagebreak---                        EXPLANATORY NOTE
 By letter No 672/ACP/79 , of 23 July 1979 , the Joint-Chairman of the ACP-EEC
 Customs Cooperation Committee introduced a request on behalf of Malawi
 and Kenya for a new derogation from the concept of originating products
 for fishing flies . The period requested for this derogation is two years .
These flies are made from hooks imported from third countries . Hooks and
flies' are both classified under the same heading in the Customs Cooperation
Council Nomenclature so the finished product does not qualify as an
originating product as there is no change of tariff heading even though
the hooks do not amount to more than about 25% of the value of the finished
product .                                                                  ¥
The two derogations previously accorded were to allow Malawi and Kenya
to find new sources of supply for hooks .                  -
But , according to the letter referred to above , it seems that it has not
been possible to change the habits of Community losers .
This letter requests a new origin rule consisting of the insertion in List
B of the Origin Protocol to the Lome Convention for the products of heading ex
97.07 because of the level of value added in Malawi and Kenya ; this being
75% of the value of the finished product . ,
In order to . avoid having a gap in legal cover a new derogation for two
years would allow for a detailed study of this question under satisfactory
conditions . In addition , it concerns such a small quantity that no
disturbance could seem possible .          -
As the present Convention expires on 1 March 1980 it is necessary to
envisage three separate legal acts :                                     ~  \
- a Decision of the ACP-EEC Council of Ministers for the period l January
    1980 until 1 March- 1980 , with a Council Regulation applying this Decision
    in the Community ,              -                             •  •
 ---pagebreak---    a Council Reaulation covering the period in which certain provisions of
   the new. Convention are applied in anticipation
- a Decision of the ACP-EEC Customs Cooperation Committee for the
   period between the entry into force of the Convention and 31 December
   1981 , with a Council Regulation applying this Decision in the Community .
Consequently the Commission recommends the attached drafts .
 ---pagebreak---                       ,                Draft
                DECISION              OF THE ACP-EEC COUNCIL OF MINISTER'S
     derogating from the definition of the concept of "originating products " to .
     take into account the special situation of Malawi and Kenya with regard to
     certain items of fishing tackle ( fishing flies )
                            t               ■ '  ■   '               •, , '                    .  '  •'
     TIIE ACP-LEC COUNCIL Of" MINISTERS,       '   •  •  /_' '   " .              .          '
     Having regard 'to ''the ACP-EEC Convention of Lome ( I), signed on 28 February 1975
 , ( hereinafter referred to as ' the Convention ' ), and in particular Article 9
     1 2 ) thereof .                   x                                                                -
                                         f
     Whereas Article 27 of Protocol 1 to the Convention , concerning the definition
     of the' concept of "originating products " and methods of administrative coop­
     eration , makes provision for derogations frorrt the rules of origin in particular
     to facilitate the development of existing industries or the creation of new •
    industries ;
   Whereas - the African . Caribbean and Pacific States (ACP ) have submitted .
   a request for a derogation from the definition set out in Protocol 1
   Γ          ...             »                                           . I                    ' ■
   for items of fishing tackle manufactured, in Malawi and Kenya ;              ,
  Whereas , in accordance with Article 27 of Protocol 1 , the Customs Cooperation
   Committee has adopted a report' on this request ;
  Whereas the possibilities offered by the cumulation system on origin do not
   - provide a solution to the origin problem for items of fishing - tackle''
  manufactured in Malawi and Kenya ;
                                                                                     *
  Whereas a new derogation for two years has been requested by the ACP States
  for Malawi and Kenya ;
■ Whereas the present Convention expires oh 29 February 1980 and it is consequently
   necessary to limit the period of validity of this Decision so as not to extend
  beyond that : date ;                       •                 ■
  Whereas any possible deflection of trade should be avoided ; whereas this
  can be achieved by fixing a maximum percentage of non-originating products
   incorporated in the finished product ,
                                                                              • • • •/ 1 • •
  ( 1 ) O.J. No .. L 25 of 30.1.1976 , p. 2
 ---pagebreak---      HAS DECIDED AS FOLLOWS :
    Article 1
     By way of derogation from the provisions of Protocol 1 , items of fishing
    tackle manufactured in Malawi and Kenya of CCT heading
 1 No ex 97.07 /'fishing flies", shall 'be considered as originating in Malawi
    and Kenya provided that the value of the non-originating fish-hooks used
    for their manufacture , falling within CCT heading No ex 97.07 . does not
k' - 1
    exceed 25% of the value of the finished product .
    Article 2
   The competent authorities of the Republic of Malawi and the Republic of
    Kenya shall forward to the Commission every three months a statement of
    the quantities in respect of which movement certificates EUR.l have been
    issued pursuant to this; Decision , indicating the Member States of destina­
    tion .
   Article 3
    The ACP States , the Member States, and the Community shall , each within
    its own area of competence , take the measures required to implement this
    Decision .        -
  Article '4 "
   This Decision shall enter into force on 1 January 1980 .
    It shall apply until 29 February 1980 .
   Done at Brussels ,                   .     • For the ACP-EEC Council of
                                                        Ministers
                                                       The President
 ---pagebreak---                                Proposai foF a
                        COUNCIL REGULATION ( EEC )
                                               8
  on       . the application of Decision No            - /79 of . the ACP-EEC Council of
 Ministers derogating from the definition of the concept; of "originating products"
  to take into account the special situation of Malawi and Kenya with regard to ,
 certain items of fishing tackle ( fishing flies )-
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  i                          '  '■ •
 paving regard to the Treaty establishing the European Economic Community, and :
 in particular Article 113 thereof .                                                              *
                                                              /                .
 Having regard to the proposal from the Commission ,
 Whereas the ACP-EEC Council of Ministers set up tinder the ACP-EEC Convention
.of Lome ( 1 ) signed on 28 February 1975 , has adopted, pursuant- to Article 9 ( 2 ) of
■the Convention , Decision No           . /79 derogating from the concept of 'originating
 products' to take into account the special situation of Malawi and Kenya with ,
 regard to certain items of fishing tackle ( fishing flies );
 Whereas it is necessary , in accordance with Article 74(3 ) of the said Convention ,
 to take the measures required to implement that Decision ,                         .
 HAS ADOPTED THIS REGULATION :
 Article 1
 Decision No         /79 of the ACP-EEC Council .of Ministers annexed to this
 Regulation shall apply within the Community .
                                         •*                       '       *               ' *
                 ■ 1      ■ *        >1          i                      <             • ■     ' ■
                                                                                •»•/*!•
( 1 ) OJ No L 25 of 30.1.1976 , p. 2,
 ---pagebreak---                                          - 2 -
                                                                       »
  Article 2 .                                  '                     , ^
                          *                         .
  This Regulation shall enter into force on the day of its publication in the
  Official Journal of the European Communities .
  It shall apply from 1 January 1980 until 29 February 1980 .
     V •
  QSJixs Regulation .shall be binding in its entirety and directly applicable in ■
  'T                                                                             .
' aj.1 Member: States .     -              • '' . .
  Done at Brussels,'                                For the Council
                                                      The President
 ---pagebreak---                        ;          Proposal for a •
                              COUNCIL REGULATION ( EEC )
    derogating from the definition of the concept of "originating products" to
    take into account the special situation of Malawi and Kenya - with regard to
    certain items of fishing tackle ( fishing flies )
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
     *   ■
    paving regard to the Treaty establishing the European Economic Community ,
  ■ and in particular Article 113 thereof ,
              \          .  '  '                                   '
    Having regard to the proposal from the Commission , -
                                                                                    ι
    Whereas the ACP-EEC Lome Convention between the Africa^, Caribbean and Pacific
    States and the European Economic Community was signed on 31 October 1979 ( 1 );
    Whereas' at the time of signature the Community and the ACP States agreed ,
    by an exchange of letters , to apply in an autonomous fashion with effect
    from 1 March 1980 certain provisions of the Convention concerning trade ;
. Whereas Article 30 of Protocol 1 to the Convention , concerning the definition
    of the concept' of "originating products" and methods of administrative coop­
    eration , makes provision for derogations from the rules of origin in particular
    to facilitate the development of existing industries or the creation of new
    industries ;
   Whereas the African , Caribbean and Pacific States have submitted a request
    for a derogation from the definition set out in Protocol 1 for items of
    fishing tackle manufactured in Malawi ana Kenya';,-      N
    Whereas the possibilities offered by the cumulation system on origin do not
    provide a solution to the origin problem for items of fishing tackle manu­
    factured in Malawi and Kenya ;                                                .
       ( 1 ) O.J. No . L   of      • , p.
                                                    x     N               /
                                                                     • t •/ i • •
 ---pagebreak---                                            -2 -
Whereas a new derogation for two years has been requested by the ACP States
for Malawi and Kenya ;
Whereas it is necessary to provide a derogation for the period between 1
March 1980 and the date of entry into force of the Convention ;
                                                                               ι
                      ' »                *
Whereas any possible^ deflection of trade should be avoided ; whereas this
        can be achieved by fixing a maximum percentage of non-originating products
incorporated in the finished product ;
HAS ADOPTED THIS REGULATION :        .                                  '
    *                                  »                     *
/jrticle 1
By way of derogation from the provisions of Protocol 1 , items of fishing
 t.p ;kle manufactured in Malawi and Kenya falling within CCT heading No ex
■S 7 , 07, ' fishing flies' , shall be considered as originating in Malawi and
 Kenya provided that the value of the non-originating fish-hooks used for
 their manufacture , falling with CCT heading No ex 97.07 ,. does not exceed
 25% of the value of the finished' product .
                              *                                     .
 Article 2
                                                                                 ι
 The competent authorities of the Republic of Malawi and the Republic of
 Kenya shall forward to the Commission every three months a statement of
 the quantities in respect of which movement certificates EUR.l have been
                                                   >
 issued pursuant to this Decision , indicating the Member - States of destina­
 tion .
 Article 3
 This Regulation shall enter into force on the day of its publication in the
 Official Journal of the European Communities .
 ---pagebreak--- It shall apply from 1 March 1980 until the entry into force of the Lome
Convention,but in any case not after 31 December 1981 .
             ,               %
                   s.                              '
This Regulation shall be binding in its entirety and directly applicable
in all Member States .   . '   -
Done at Brussels ,     '                ,     For the Council
                                              The President
 ---pagebreak---                                  D ra f t
     • DECISION             OF THE ACP-EEC CUSTOi-iS COOPERATIOSI COMMITTEE
 derogating from the definition- of the concept of 'originating products'
 to take into account the special situation of Malawi and Kenya with regard
 to certain items o^ fishing tackle ( fishing flies )
 THE CUSTOMS COOPERATION COMMITTEE ,
 Having regard to the ACP-EEC Convention of Lome , signed on 31 October 1979 ,
 hereinafter - referred to as. 'the Convention' ( l )
         ,   ' \     'i'
 Whereas Article 30 of Protocol 1 to the Convention , concerning the definition
 of the concept of 'originating products' and methods of administrative
 cooperation , makes provision for derogations from the rules of origin in
 particular to facilitate the development of existing industries or the
 creation of new industries ; ,                                        ,
 Whereas the African , Caribbean and Pacific States ( ACP ) have submitted a
                 •                                                           /
 request for a derogation from the definition set out in Protocol 1 for
 items of fishing tackle manufactured in Malawi and Kenya ;
.Whereas the /possibilities offered by the cumulation system on origin do
 not provide a solution to the origin problem for items of fishing
 tackle manufactured in Malawi and Kenya ;
 Whereas a new derogation for two years h^s been - requested by the ACP
                         I
 States for Malawi and Kenya ;           •                  :
Whereas any possible deflection of trade should be avoided ; whereas this
       can be achieved by fixing a maximum percentage of non-originating
products incorporated in the finished product ;
 ( 1 ) O.J. No . L         of            , p.
 ---pagebreak---  HAS DECIDED AS FOLLOWS
 Article 1
 By way of derogation from the provisions of Protocol "1 , items of fishing
 tackle manufactured in Malawi or Kenya and falling within CCT heading No
 ex 97.07 'fishing flies' , .shall be considered as originating in Malawi
 or Kenya provided that the value of the non-originating fish-hooks used for
 their manufacture , falling within CCT heading No ex 97.07 , does not exceed
 25% of the value of the finished product .            " :
 Article 2
The competent authorities of the Republic of Malawi and the Republic of Kenya
shall . forward to the Commission every three months a statement . of the quantities­
                                    *             \                            '
in respect of which movement certificates EUR.l have been issued pursuant to
this Decision , indicating the Member States of destination . '
Article 3 "                   -
 The ACP States , the- Member States and the Community shall , each within its
 own area of competence , take the measures required to implement this
             ■ •        •                                                  .       )
 Décision .        . •                                                  .    v
Article 4       ■.     , '                                      ■    ■
This Decision shall enter into force on                                          .   •
It shall apply until 31 December 1981 .
Done at Brussels ,                               For the Customs Cooperation •
                                  ■   ,                  COmmittee
           /                .           •                           V .
                                .                        The President
 ---pagebreak---           ,                 Proposal for a
                       COUNCIL REGULATION ( EEC )
 on          the application of Decision No       /80 of the ACP-EEC Customs
 Cooperation Committee derogating from the definition of the concept of
  'originating products' to take into account the special situation of
 Malawi and Kenya with regard to certain items of fishing tackle ( fishing
•flies )           .            .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        •
Having regard to the Treaty establishing the European Economic Community ,
and i-n particular Article 113 thereof ,                                    '
Having regard to the proposal from the Commission ,            .
Whereas the ACF-EEC Customs Cooperation Committee Set up under the ACP-EEC
Convention of Lome        signed on 31 October 1979 ( 1 ) adopted pursuant to
Article 28 ( 3 ) of Protocol No 1 to the Convention      Decision No   /80
derogating from the concept of 'originating products' to take into account
 the special situation of Malawi and Kenya with regard to certain items
of fishing tackle ( fishing flies ); '                             \ .
 Whereas it is necessary in accordance with Article 33 of the said Protocol No
 to take the measures required to implement that Decision ;
 HAS ADOPTED THIS REGULATION i "    ^
Article 1
Decision No       /80 of the ACP-EEC Customs Cooperation Committee annexed
 to this Regulation shall apply within the Community .
     1 ) O.J. No . L         of
 ---pagebreak--- Article 2
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Communities ;
It shall apply from           until 31 December 1981 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                            For the Council
                                              The President