CELEX: 
Language: en
Date: 1977-12-31 00:00:00
Title: Council Regulation (EEC) No 3014/77 of 21 December 1977 on the application of Decision No 11/77 of the ACP-EEC Council of Ministers derogating from the concept of 'originating products' to take account of the special situation of Mauritius with regard to certain products of the textile industry

No L 355/34                           Official Journal of the European Communities                            31 . 12. 77
                                     COUNCIL REGULATION (EEC) No 3014/77
                                                   of 21 December 1977
              on the application of Decision No 11 /77 of the ACP-EEC Council of Ministers
              derogating from the concept of 'originating products' to take account of the
              special situation, of Mauritus with regard to certain products of the textile
                                                          industry
THE COUNCIL OF THE EUROPEAN                                      The text of the Decision is annexed to this Regula­
COMMUNITIES,                                                     tion .
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                       Article 2
thereof,
Having regard to the proposal from the Commission,               Member States shall manage their shares in the quota
                                                                 in accordance with their own relevant provisions.
Whereas the ACP-EEC Council of Ministers set up
under the ACP-EEC Convention of Lome ( !) signed                 Member States shall ensure that importers of the
on 28 February 1975, hereinafter called 'the Conven­             product in question, established in their territory, have
tion', adopted, pursuant to Article 75 of the said               free access to the shares allocated to them .
Convention, Decision 11 /76 of 15 July 1976 dele­
gating its powers to the ACP-EEC Committee of                    The extent to which each Member State has used up
Ambassadors ;                                                    its share shall be determined on the basis of the
Whereas the ACP-EEC Committee of Ambassadors                     imports of the products in question entered with the
                                                                 customs authorities for home use.
has adopted Decision No 11 /77 of the ACP-EEC
Council of Ministers of 23 November 1977 derogating
from the concept of 'originating products' to take               Member States shall forward to the Commission, not
account of the special situation of Mauritius with               later than the fifteenth day of each month, a state­
regard to certain products of the textile industry ;             ment of all imports of the products in question
                                                                 effected during the previous month .
Whereas it is necessary, in accordance with Article
74 (3) of the Convention, to take the measures
required to implement that Decision,                                                    Article 3
HAS ADOPTED THIS REGULATION :                                    This Regulation shall enter into force on the day
                                                                 following its publication in the Official Journal of
                          Article 1                              the European Communities.
Decision No 11 / 77 of the ACP-EEC Council of Minis­             It shall apply from 25 November 1977 until 31 July
ters shall apply in the Community.                               1^78 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 21 December 1977 .
                                                                             For the Council
                                                                              The President
                                                                              J. CHABERT
(') OJ No L 25, 30 . 1 . 1976, p. 2.
 ---pagebreak--- 31 . 12. 77                         Official Journal of the European Communities                        No L 355/35
                                                         ANNEX
                    DECISION No 11 /77 OF THE ACP-EEC COUNCIL OF MINISTERS
                                                 of 23 November 1977
              derogating from the concept of 'originating products' to take account of the
              special situation of Mauritius with regard to certain products of the textile
                                                        industry
THE ACP-EEC COMMITTEE OF AMBASSADORS,                          No ex 55.09 imported into the Community between
                                                               25 November 1977 and 31 July 1978, this quantity
Having regard to the ACP-EEC Convention of Lome                being broken down as follows :
signed on 28 February 1975, hereinafter called 'the                                                  (in tonnes)
Convention', and in particular Article 9 (2) thereof,                   Federal Republic of Germany      108
Having regard to Decision No 11 /76 of the ACP-EEC                      Benelux                           40
Council of Ministers of 15 July 1976 on the delega­                    France                             76
tion of certain powers to the ACP-EEC Committee of                      Italy                             56
Ambassadors, and in particular Article 1 ( 1 ) thereof,                 Denmark                           28
                                                                        Ireland                            4
Whereas Article 27 of Protocol 1 to the Convention,
concerning the definition of the concept of 'origi­                    United Kingdom                     88 .
nating products' and methods of administrative coop­
eration, states that derogations from the rules of origin                              Article 3
may be made, in particular to facilitate the develop­
ment of existing industries or the creation of new             Movement certificates EUR 1 issued pursuant to this
industries ;                                                   Decision shall bear one of the following entries :
Whereas the ACP States have submitted a request                — 'marchandises originates en vertu de la decision
from the Government of Mauritius for a one-year dero­              n° 11 /77 du Conseil des ministres ACP— CEJJ',
gation from the definition set out in the said Protocol        — 'Ursprungswaren gemafi BeschluC Nr. 11 /77 des
for textile products manufactured in that State ;                  AKP—EWG—Ministerrates',
Whereas, in accordance with Article 27 of Protocol 1 ,         — 'merci originarie in virtu della decisione n. 11 /77
the Customs Cooperation Committee has adopted a                    del Consiglio dei ministri ACP—EEC',
report on the said request ;                                   — 'goederen van oorsprong uit hoofde van Besluit
                                                                   Nr. 11 /77 van de ACS—EEG-Raad van Ministers',
Whereas in order to take account of the special situa­
tion of Mauritius and to enable the industrial sectors         — 'originating products by virtue of Decision No
concerned to set up new industries which necessitate               1 1 /77 of the ACP—EEC Council of Ministers',
derogations from the said Protocol for a period of one         — 'varer med oprindelsesstatus i henhold til AVS­
year, provision should be made for a derogation from               E0F-Ministerradets afgerelse nr. 11 /77'.
the definition set out in the said Protocol ;                  This entry shall be made under the heading
Whereas an assurance has been given that the                   'Remarks'.
products subject to this request for a derogation will
meet the relevant criteria laid down in Protocol 1 , at                                Article 4
the latest by the end of the period of the said deroga­        The competent authorities of Mauritius shall ensure
tion ;                                                         that exports to each of the Member States do not
Whereas the quantity covered by the derogation                 exceed the quantities stipulated in Article 2 and shall
should be broken down among the Member States of               forward to the Commission every three months a state­
destination,                                                   ment of the quantities in respect of which movement
                                                               certificates EUR 1 have been issued pursuant to this
HAS DECIDED AS FOLLOWS :
                                                               Decision, indicating the Member States of destination.
                         Article 1
                                                                                       Article 5
By way of derogation from the special provisions of
List A in Annex II to Protocol 1 , unbleached cotton           The ACP States, the Member States and the Commu­
fabrics falling within tariff heading No ex 55.09 manu­        nity shall be required, each for its own part, to take
factured in Mauritius from non-originating yarn, shall         the necessary steps to implement this decision.
be considered as originating in Mauritius subject to
the following conditions.                                                              Article 6
                         Article 2                             This Decision shall enter into force on 25 November
                                                               1977.
This derogation shall relate to 400 tonnes of un­
bleached cotton fabrics falling within tariff heading          It shall apply until 31 July 1978 .