CELEX: 51981PC0040
Language: en
Date: 1981-02-09
Title: Proposal for a COUNCIL REGULATION (EEC) laying down provisions for granting derogations from the definition of the concept of originating products under the second Convention of Lomé (submitted to the Council by the Commission)

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COM (81) 40
Vol. 1981/0008
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(81 ) 40 final
                                                       Brussel
                                                            Ef 0 3 -02- JS8I Jf
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
  laying down provisions for granting derogations from the definition
  of the concept of originating products under the second Convention'
                                   of Lomé
             ( submitted to the Council by the Commission)
COM ( 81 ) 40 final
 ---pagebreak---                       EXPLANATORY NOTE
During the application of the Lome Convention which expired on 29 February
1980 the ACP States presented a number of requests for derogations from
the origin rules contained in the Origin Protocol . The Community agreed
in all cases to these requests .
However , the ACP States complained about the long period taken to consider
their requests and to put the derogations into effect .
There are basically 4 reasons for this delay :
1.   The elements presented justifying a derogation request have not
     beer , sufficient basis for a reasonable judgement of the case .
     Supplementary information has been slow in forthcoming .
2.   The cumbersome Community procedure for arriving at a common position .
3.   The complex ACP-EEC procedures for adopting decisions .
 /                 •                   " -N
4.   The procedural delays for applying such decisions in the Community .
In the framework of the negotiations of the 1979 Lome Convention the
procedure concerning derogations to the origin rules was an important
point of discussion and a number of procedural improvements have been
included in the new Convention with a view to shortening the procedure
from the moment a request for a derogation has been presented to the
Community until its application . Thus the delay for the Community
consideration of a request was reduced from 6 to 3 months as provided
for in Article 30(6 ) of Protocol No . . 1 concerning the definition of the
concept of " originating products " , and methods of administrative cooperation
which says that " the Committee shall take steps necessary to ensure that
a decision is reached as quickly as possible and in any case not later
than three months after referral to the Community
 ---pagebreak--- Furthermore , the Community made the following declaration ( Annex XXXVI
                                                                       «
to the 1979 Lomé Convention):
         The Community recognizes the special importance for the ACP States
       of implementing the measures for applying derogation decisions as
       swiftly as possible after their adoption .            ^ ,     .
       It will introduce procedures which enable it to take such application
       measures in the shortest possible time , . with a view notably to
       being able to deal with emergency situations , and within the context
       of Article 31 of the Protocol . "
It is evident that under the present procedures , neither the reduced
delay of 3 months nor the commitment to speed up application procedures
      . -   '   '                 '                        '       .              <
can be respected and that it is therefore necessary to provide for new
and more rapid procedures within the Community . ^ The Commission is of
the opinion that the use of existing instruments rather than the creation
of new ones will fulfil the requirement in this . area .             V
The procedure embodied in this draft regulation is based upon the 'Comirte
de gestion 1 procedure as set out in Council Regulation 802 / 68 of 27 June
1968 on the concept of the origin of goods : .
       With regard to the adoption of a common Community position on a
                                    *                                    •. '*' *   *
   , derogation request in the ACP-EEC Customs Cooperation Committee the
       Origin Committee set up by Regulation 802 / 68 shall deliver an
       opinion on the measures t® be taken , submitted to it by the Commission
-      After the Origin Coirttnittee has. delivered an opinion , the Commission
       or where necessary t'tie, .Council , shall adopt the draft on the
       measures to be taken , which is then to be submitted to the ACP
       States .    ,   '              -  -                       '
-      Following the adoption of a Decision on a derogation by the ACP-EEC
       Customs Cooperation Committee the provisions concerning the enactment
       of the Decision in the Community will be taken by way of a Commission
   •. Regulation .                '
 ---pagebreak---                     Proposal for a
               COUNCIL REGULATION ( EEC )
laying down       provisions for granting derogations from the definition of the
concept of originating products under the second Convention of Lome
THE COUNCIL OF THE EUROPEAN COMMUNITIES . .                                      '
         »                                                       ,
Having regard to the Treaty establishing the European Economic Community , and
                                                                l  %
in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 30 of Protocol No 1 to the second ACP-EEC Convention of Lome
       /
provides    that derogations from the provisions of the said Protocol may be
adopted in respect of the definition of the concept of originating products
where the development of existing industries or the creation of new industries
justifies them and in accordance with terms of the said Article ;
Whereas the same Article 30 provides that derogation decisions must be taken .
by the Customs Cooperation Committee established under the Convention not
later than three months after referral to the Community and whereas procedures
should accordingly be implemented to enable the Community to adhere to this
deadline ;
Whereas , in order to adhere to the deadlines referred to in Article 30(6 ) , .
of Protocol No 1 to the Convention , the Community 's position should be
decided by the Commission , following the opinion of the Committee on Origin
established under Council Regulation ( EEC ) No . 802/68 ( 1 ),
and in accordance with a special procedure ;      .       .
             •                                                                     »
Whereas in its declaration in Annex XXXVI. to the said Convention , the Community
undertook to implement by expedited procedure the measures for applying
derogation decisions ;
( 1 ) ÛJNo L 148 , 28.6 . 1968 , p „
 ---pagebreak---                                              - 2 -
   HAS ADOPTED THIS REGULATION :
   Article 1
         Where a request for derogation submitted by an ACP State is referred to
         the Community in accordance with Article 30 of Protocol No . 1 to the second
         ACP-EEC Convention of Lome , the Commission shall forward to the Committee on
         Origin set up under Regulation ( EEC ) No . 802 / 68 a draft of
         the provisions to be adopted . The Committee on Origin shall deliver
         an opinion on the draft within a time m limit set by the Chairman
         having regard to the urgency of the matter . Decisions shall be taken
         by a majority of . 45 votes , the votes of the Member States being weighted
         as stipulated in Article 148(2 ) of the Treaty . The Chairman shall not
         vote .
. 2(a ) The Commission shall adopt the proposed provisions if they are in accor­
         dance with the opinion of the Committee on Origin .
   ( b ) If the proposed provisions are not in accordance with the opinion of the
         Committee on Origin , the Commission may either accept that opinion or
         submit to the Council without delay a proposal on the! provisions to be
         adopted . The Council shall act by a qualified majority .       ,
                                                                           /
   ( c ) If , within one month of referral to it , the Council has not acted , the
         proposed provisions shall be adopted by the Commission .
  3.     The proposed provisions as adopted by the Commission or , where appropriate
         by the Council , shall constitute the Community 's joint position ; they
         shall be communicated forthwith to the ACP States .
   Article 2
   Derogation decisions taken by the Customs Cooperation Committee or , where
   appropriate/ by the other institutions established under the second Convention
   of Lome , shall be implemented in the Community by means of a Commission
   regulation .
 ---pagebreak--- /'article 3
This Regulation shall enter into force on the third day' following that of
its publication in the Official Journal of the -European . Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States '                      .
Done at Brussels ,                        For the Council
                                          The President