CELEX: 51981PC0117
Language: en
Date: 1981-03-19
Title: DRAFT Decision No /81 of the ACP-EEC Customs Co-operation Committee derogating from the definition of the concept of "originating products" to take account of the special situation of Mauritius with regard to its production of canned tuna#Proposal for a COUNCIL REGULATION (EEC) regarding the application of Decision No/81 of the ACP-EEC Customs Co-operation Committee derogating from the definition of the concept of "originating products" to take into account the special situation of Mauritius with regard to its production of canned tuna fish (submitted to the Council by the Commission)

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COM (81) 117
Vol. 1981/0032
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                       ^          COM(81)117 final
                      A            ,      f'A     Brussels , 19 March 1981
                                         DRAFT
           Decision No        / 81 of the ACP-EEC Customs Co-operation
            Committee derogating from the definition of the concept
           of " originating products " to take account of the special
           situation of Mauritius with regard to its production of
                                      canned tuna
                                     Proposal for a
                              COUNCIL REGULATION   ( EEC )
            regarding the application of Decision No          / 81 of the
           ACP-EEC Customs Co-operation Committee derogating from
           the definition of the concept of " originating products "
           to take into account the special situation of Mauritius
               with regard to its production of canned tuna fish
                   ( submitted to the Council by the Commission )
C0M(81 ) 117 final
 ---pagebreak---                             EXPLAMA'TORY NOTE
Since 25 November 1977 Mauritius has               from a series cf derogations
from the origin rules in respect of canned tuna fish for which tuna fish of
third country origin was used - These derogations hau keen accorded to
Mauritius so as to maintain the fishing, industry there and to give them
the opportunity to take the measures necessary for their proauct to acquire
originating status .
The first derogation for 1 600 tonnes was valid from 25 November 1977 until
24 November 1978 and has since been renewed twice : 1 600 tonnes from
25 November 1978 until 24 November 1979 and 800 tonnes for the period from
1 March 1980 until 31 August 1980 .
In order to be able to satisfy the rules, of origin for canned fish , the
Mauritian company obtained a boat so that its catches could supply the
canneries with most of its needs .- The remainder would be bought in the
Seychelles which is in the process of developing its fishing Industry with
the help of a Member State . The boat commenced operating at the beginning
of 1980 and it - was hoped that after the several months necessary for running
in the boat and training the crew, the cannery would be in a position to
Obtain normal supplies . For this reason , the last .derogation was limited
to 6 months .
3y letter No . L 1168/ACP/80 of 21 November 1980 . the . ACP States submitted .
another request on behalf of the Mauritian Government for a further
derogation for a period of 1 year as from 1 January 1981 .
Depite the acquisition of the boat it has not been possible for them to
obtain sufficient supplies of originating tuna fish for their canneries .
IXie to unfavourable climatic conditions the maximum potential fishing
capacity of the Mauritian boat could not be exploited . Furthermore ,
efforts to compensate these shortages of supply by obtaining fish from
                                                                         %
other ACP States ( e.g. Seychelles ) have not been successful because the
catches there have not been up to expectat >ns .
 ---pagebreak---                                    - 2 -
Therefore , Mauritius remains dependant upon supplies of frozen raw fish
imported from the Maldive Islands in order that the canning industry can
continue with its exports of canned tuna to the Community . It should be
noted that one consequence of an interruption of exports would be that
the company would face a possible shut down of operations . In this context
special reference should be made to Article 30 ( 2(b )) of Protocol No . 1
where it is stated that the examination of requests for derogations shall
in particular- take into account "cases where the application of existing
rules of origin would affect significantly the ability of an existing
industry in an ACP State to continue its exports to the Community , with
particular reference to cases where this could lead to cessation of its
activities ."
Under these circumstances it seems that a derogation of 12 months for a
quantity of 1 000 tonnes would enable Mauritius to overcome the recent
problems and to find other possible sources of supply of originating
tuna fish ; this quantity which is lower than that contained in previous
requests , takes account of the anticipated catches by the Mauritian vessel .
For reasons of sinplicity and clarity a draft regulation to apply this
decision after its adoption by the EEC-ACP Customs Cooperation Committee
in the Community has also been, annexed .
 ---pagebreak---                                       DRATT                            -
Decision No .       /81 of th'e ACP-ELC 'Customs Co-ope rat -'on Comm'ttee derogating
from the definition of the concept of "originating products " to take account
of the ejjjecial situation of Mauritius with regard to its production of c&m&d
tuna
THE CUSTOMS CO-OPERATION COMMITTEE ,
Having regard to the second ACP-EEC Convention signed in Lome on 31 October .
1979 (hereinafter referred to as "the Convention" ) 7^
whereas Article 30 of Protocol No . 1 to the Convention concerning the
definition of the concept of "originating products " and methods of adminis­
trative co-operation makes provision for derogations to be made from the
rules of origin by the Customs Co-operation Committee , 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 from the Government of Mauritius for a derogation from the definition
set out in Protocol No . 1 in respect of canned tuna produced by Mauritius ;
 Whereas Mauritius       benefited     from November 1977 until November 1979
 from a derogation from the definition set out in Protocol No . 1 for canned
 tuna produced by it in order to be able to maintain its existing fishery
 industry andto take the measures necessary for its finished product to
 obtain originating status there ; whereas as an exceptional measure this
 derogation was again renewed from March until August 1980 ; '
 Whereas Mauritius , has proceeded to set up its own fleet of vessels with
                                              Ν
 a view to supplying its canneries with sufficient tuna fish ;
                                                         »
  ( 1 ) OJNo L 347 , 22.12.1980 , p.l
 ---pagebreak---   Whereas the fleet became       operational during 1980 ; whereas , however ,
                      Climatic
  because of adverse /         conditions the fleet was prevented from exploiting
  its maximum potential fishing capacity ; whereas Mauritius has been unable to
  obtain sufficient supplies of fish originating in other ACP States ;
  Whereas the Mauritius canning industry therefore continues to be dependent
  upon supplies of tuna fish from third countries to continue its exports of
  canned tuna to the Community ;
                                      «
  Whereas m these circumstances a temporary derogation from the definition
  of the concept of originating products should be accorded ,
  HAS DECIDED AS FOLLOWS :
                                                /
  Article 1
  By way of derogation from the special provisions of List A m Annex II
  to Protocol No . 1 , canned tuna manufactured in Mauritius and falling within
  heading       ex 16.04 of the Common Customs Tariff shall be considered as
  originating in Mauritius subject to the following conditions .
  Article 2
                   provided for in Article 1
  The derogation /        relate to 1,000 tonnes of canned tuna falling within
  heading       ex 16.04 of the Common Customs Tariff and exported from Mauritius
  between 1 February 1981 and 31 January   1982.
  Article 3
     . competent
  The authorities of Mauritius shall take the necessary steps to carry out
  quantitative checks on exports of the products referred to in Article 2
  and 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 .
 ---pagebreak--- Article 4
The ACP States , the Member States and the Community shall be bound , each
to the extent to which it is concerned , to take the measures necessary to
implement this Decision .
Article   5
This Decision shall . enter into force on
It shall apply from 1 February 1981 until 31 January 1982 .
Done at Brussels ,                   For the ACP-EEC Customs Co-operation
                                                   Cormittee
                                                The Chairman
 ---pagebreak---                        COUNCIL REGULATION ( EEC ) -
 regarding the application of Decision No .         /81 of the ACP-EEC Customs
Co-operation Committee derogating from the definition of the concept of
 "originating products " to take into account the special situation of
 Mauritius with regard to its production of canned tuna fish
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,.
 Having 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 Customs Co-ope rat ion Committee set up under the second
 ACP-EEC Convention , signed in Lome on 31 October 1979 ^, adopted pursuant
 to Articles 28(3 ) and 30(1 ) of Protocol No . 1 to the Convention , Decision
               ,     .         , / definition of the.      .
 No .     /81 derogating from the concept of "originating products " to take
 into account the special situation of Mauritius with regard to its
 production of canned tuna until 31 January 1982 ;
 Whereas it is necessary in accordance with Article 33 of the said Protocol
 No . 1 to take the measures required to implement that Decision ;
 HAS ADOPTED THIS REGULATION :
 Article 1
 Decision No .     /81 of the ACP-EEC Customs Co-operation committee annexed
 to this Regulation shall apply in the Community .
                                                       • » •/ • • •
 ( 1 ) OJ No L 347 of 22.12.1980 , p.l
 ---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 1 February 1981 until 31 January  1982
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
        •                    '          -                              *
Done at Brussels ,                          For the Council
                                          ' The President