CELEX: 51981PC0421
Language: en
Date: 1981-07-23
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the application of Decision No of the EEC-Morocco Cooperation Council of derogating from certain provisions concerning the definition of the concept of originating products contained in the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco#DECISION OF THE EEC-MOROCCO COOPERATION COUNCIL derogating from certain provisions concerning the definition of the concept of originating products contained in the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 421
Vol. 1981/0130
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(81)421 final
                                                   Brussels - 23 July 1981
                                 Proposal for a
                             COUNCIL REGULATION ( EEC )
        concerning the application of Decision No               of the EEC-Morocco
        Cooperation Council of                derogating from certain provisions
        concerning the definition of the concept of originating products con­
        tained in the Cooperation Agreement between the European Economic
        Community and the Kingdom of Morocco
                      DECISION OF THE  EEC-MOROCCO COOPERATION COUNCIL
        derogating from certain provisions concerning the definition of the
        concept of originating products contained in the Cooperation Agree­
        ment between the European Economic Community and the Kingdom of Morocco
                 ( submitted to the Council by the Commission )
                                                               î"1 P ' } ? r
                                               V .
C0M(81 ) 421 final
 ---pagebreak---                               EXPLANATORY NOTE
Présentation of uequest
Recap on tha situation                                       '
By Council Regulation ( EEC) No 1604 / 76 of 29 June 1976 , Morocco benefittcJ •
                                                 »
from a derogation from the definition of the concept of originating
products for the period 1 July 1976 to 31 June 1977 in respect of
certain textile products for a quantity of 2,500 tonnes .      This derogation
has been renewed three times ^ for the same annual quantities .
In note No 2665 of 26 May 1981 the Moroccan representation to the
European Communities presented a new request for a prolongation of the
derogation for 2.500 tonnes , proposed a scaling down of this quantity
which could be fixed at 2.000 tonnes for 1982 . The reduction proposed
would then be 10% £>er annum until 1985 when Morocco would renounce the
derogation . This request is justified by the continuing inability of
the Moroccan making up industry to obtain supplies of cloth from the
local weaving industry . This should be able to supply all needs
within 5 years , when the two investment projects , recently agreed to
by the Moroccan Government , for the weaving of poplin are realised .
As they agreed to do at the time of the last negotiations on this , the
Moroccan authorities have tried to obtain supplies from Greece , but
without success as there were no Greek textiles available which are
suitable for the Moroccan industry , in particular because of their
quality .
The Moroccans , in addition , say that the use of the present derogation
will not exceed 946 tonnes from 1 July 1980 to 31 March 1981 and that
 this is parallel to a low use rate in 1979 and 1980 of the levels .
 fixed in the autolimitation Agreement in textile exports . Additional
 statistics on'the use of the der-ogation were supplied by Morocco on
 30 June 1 98 1 .                                  *
 (1)  Regulation ( EEC) No 1390 / 77 of 21 June 1977 for 1 July 1977
      to 30 June 1978 .
      Regulation ( EEC) No 528 / 79 of 9 March 1979 for 1 July 1978
      to 30 June 1980
      Regulation ( EEC) No 3252 / 80 of 12 December 1980 for 1 July 1980
      to 30 June *1 981 .
 ---pagebreak---  Opinion of the Services of the Commiss i on        "•
 The Services of the Commission feel that it' would be in the Communities
 interests to renew the derogation , because %
 (1)   If Greek cloth production does not at present satisfy the Moroccan
      needs , this is not due to its lack of cornpetitivity but to its lack of *
      quality . This situation could change rapidly in a positive sense and
      in the view of the Services of the Commission it is not possible to
      ignore the opportunity of opening this Community source of supply,.
( 2)  Concerning outward processing trade , from what the Moroccan authorities
      have said , it seems that there is a tendency for the use of this
      system to grow in relation to Moxocco , especially from France . But
      such a tendency must be given careful attention taking into account
      the purpose of the Community policy on' this , which is to give advantages
      wherever possible to the use of outward processing vis-a-vis "normal"
      imports . If this tendency continues , and experience shows that this
      evolution cannot produce its full effect in ofee year , it is possible
      to think about the possibility of outward processing progressively
      replacing the present trade covered by the derogation system .
                                                                            »
( 3)  Among the range of products covered by the derogation the sensitive
      products are already subject to limitations in the context of the
      textile Arrangement with Morocco -
A period of two years would seem to represent a reasonable one to allow for
the possibilities of buying from Greece and for the evolution of the
outward processing system in respect of Morocco to - crystallise .
Consequently it is proposed to extend the derogation for a period of two .
years on the basis of rfeduced quantities - 1.200 tonnes for the first year
and 900 for the second ~ and for a more limited range of products , those of
tariff headings 6i.01 , 61.02 and 61,03 ,
 ---pagebreak---                                      Proposal for a
                                 COUNCIL REGULATION (EEC)
             concerning the application of Decision No              of the EEC-Morocco Coopera­
             tion Council of                              derogating from certain provisions
             concerning the definition of the concept of originating products contained in
             the Cooperation Agreement between the European Economic Community and
                                           the Kingdom of Morocco
THE COUNCIL OF THE EUROPEAN                                 HAS ADOPTED THIS REGULATION :
COMMUNITIES.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                  Article !
thereof,
                                                            Decision No 2/HO of the EEC-Morocco Cooperation
Having regard to the proposal from the Commission,          Council shall apply in the Community.
Whereas the EEC-Morocco Cooperation Council set
up under the Cooperation Agreement between the             The text of the Decision is attached to this Regula­
European Economic Community and the Kingdom of              tion .
Morocco signed in Rabat on 27 April 1976 ( ' ) adopted,
pursuant to Article 28 of Protocol 2 to thai Agree­
ment, Decision No          derogating from the defini­                             Article 2
tion of the concept of originating products of the
Agreement between the European Economic Commu­              This Regulation shall enter into force on the day
nity and the Kingdom of Morocco ;                           following its publication in the Official Journal of
Whereas it is necessary, in accordance with Article         the European Communities.
44(2) of the Agreement, to take the measures required
to implement that Decision,                                 It shall apply from 1 July 1981 to 30 June 1983.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 12 December 1980.
                                                                        For the Council
                                                                          The President
                                                                        ■ J. BARTHEL
(') OJ No L 264, 27. 9. 1978, p. 2.
 ---pagebreak---                      DECISION               OF THE EEC-MOROCCO COOPERATION COUNCIL
                    derogating fj-om certain provisions concerning the defining             ,u
                                         -""rd - -
                              pean Economic Community and the Kingdom of Morocco
    THE EEC-MOROCCO COOPERATION COUNCIL,                                             Art /de 2
    Having regard to the Cooperation Agreement between
    the European Economic Community and the The                  derogation referred to in Article 1 concerns the
   Kingdom of Morocco signed in Rabat on 27 April tne periodsquantities
                                                           following                 exported from Morocco during9
                                                                          set out below;
    1976 ('), hereinafter referred to as the 'Cooperation
   Agreement',
                                                              – Ist July        1981 t0 30 June1992 : 12G0 ;
   Whereas Article 28 of Protocol 2 of the Cooperation            tonnes,
   Agreement concerning the definition of originating        – Ist july 1982 to 30 june 1983 ; 9U0 t0nnes
   products and methods of administrative cooperation
   states that the Cooperation Council may make any
  changes to that Protocol necessary following the appli­                             Artide 3
  cation of its provisions and their economic effect ;
  Whereas, in order to take account of the special situa­    The customs authorities of the Kingdom of Morocco
  tion in Morocco and to enable the industrial sectors       shall make the arrangements necessary to control
  concerned to adapt their production to the conditions      quantitatively the export of products referred to in
  required by Protocol 2, provision should be made, for     Article 1 and shall communicate to the Commission
  the benefit of this State, for a derogation from certain  every three months the quantity of products in respect
  provisions concerning the definition set out in that      of which movement certificates EUR. 1 have been
  Protocol,                                                 issued on the basis of this Decision.
 HAS DECIDED AS FOLLOWS :
                                                                                     Artide 4
                            Article 1
 By way of derogation from Protocol 2 and subject to j: The       Kingdom of Morocco, the Member States and the
                                                            Community      shall each take the measures required to
 the conditions set out in the following Articles, the implement tnis          Decision.
 P.u «vLsions'i of . Li?1 A annexed to the said Protocol
          3PP X KJ^tHe products manufactured in
 Morocco and falling within tariff headings
 61.01 , 61.02 and 61.03 of the Common Customs Tariff                                Artide 5
 shall be replaced by the provisions in the table
 annexed hereto for the quantities set out in              The Decision shall take effect on 1 July 1981
Article 2 of this Décision.
                                                           It shall apply until 30 June 1983.
                                                           Done at Brussels,
                                                                                      For the EEC-Morocco
                                                                                      Cooperation Council
                                                           –                               The President
(') OJ No L 264, 27. 9. 1978, p. 2.
 ---pagebreak---                                                   AXXEX
            Produca obtained
                                                  Working or procrmnjt      Working or procewirg that confers
                                              th·! don noi confer ihr tuna   the »tât-jfc iif ori£tPitin£ products
  ccr                                                                                » hen the ic!io»in^
                                                  of originating products            conjitioni are rr.rt
heading              Deicnpticn
  No
 61.01  Men's and boys' outer garments                                     Manufacture from unbleached fabric
                                                                         f
 61.02  Women's, girls' and infants' outer                                 Manufacture from unbleached fabric
        garments
 61.03  Men's and boys' under garments,                                    Manufacture from unbleached fabric
        including collars, shirt fronts and ■
        cuffs