CELEX: 21981D0507(01)
Language: en
Date: 1981-04-10 00:00:00
Title: Decision No 2/81 of the ACP-EEC Customs Cooperation Committee of 10 April 1981 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

No L 123/2                        Official Journal of the European Communities                              7. 5. 81
             DECISION        No    2/81   OF   THE      ACP—EEC       CUSTOMS       COOPERATION
                                                   COMMITTEE
                                                 of 10 April 1981
             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
THE CUSTOMS COOPERATION COMMITTEE,                           manufactured in Mauritius and falling within heading
                                                             No ex 16.04 of the Common Customs Tariff shall be
Having regard to the Second ACP—EEC Convention
signed at Lome on 31 October 1979, hereinafter               considered as originating in Mauritius subject to the
referred to as 'the Convention',                             following conditions.
Whereas Article 30 of Protocol No 1 to the Conven­
tion concerning the definition of the concept of 'origi­                            Article 2
nating products' and methods of administrative coop­
eration makes provision for derogations to be made           The derogation provided for in Article 1 shall relate to
from the rules of origin by the Customs Cooperation          1 000 tonnes of canned tuna falling within heading
Committee, in particular to facilitate the development       No ex 16.04 of the Common Customs Tariff and
of existing industries or the creation of new indus­         exported from Mauritius between 30 January 1981
tries ;                                                      and 29 January 1982.
Whereas the ACP States have submitted a request
from the Government of Mauritius for a derogation                                    Article 3
from the definition set out in Protocol No 1          in
respect of canned tuna produced by Mauritius ;               The competent authorities of Mauritius shall take the
Whereas Mauritius benefited from November 1977               necessary steps to carry out quantitative checks on
until November 1979 from a derogation from the defi­         exports of the products referred to in Article 2 and
nition set out in Protocol No 1 for canned tuna              shall forward to the Commission every three months a
produced by it in order to be able to maintain its           statement of the quantities in respect of which move­
existing fishery industry and to take the measures           ment certificates EUR . 1 have been issued on the
necessary for its finished products to obtain origi­         basis of this Decision .
nating status there ; whereas as an exceptional
measure this derogation was renewed from March
until August 1980 ;                                                                   Article 4
Whereas Mauritius has proceeded to set up its own
fleet of vessels with a view to supplying its canneries      The ACP States, the Member States and the Commu­
with sufficient tuna fish ;                                  nity shall be bound, each to the extent to which it is
                                                             concerned, to take the measures necessary to imple­
Whereas the fleet became operational during 1980 ;           ment this Decision .
whereas, however, because of adverse climatic condi­
 tions the fleet was prevented from exploiting its
 maximum potential fishing capacity ; whereas Mauri­                                  Article 5
 tius has in addition been unable to obtain sufficient
 supplies of fish originating in other ACP States ;          This Decision shall enter into force on the day of its
 Whereas the Mauritius canning industry therefore             adoption.
 continues to be dependent upon supplies of tuna fish
 from third countries in order to continue its exports        It shall apply from 30 January 1981 until 29 January
                                                              1982.
 of canned tuna to the Community ;
 Whereas in these circumstances a temporary deroga­
 tion from the definition of the concept of originating
 products should be accorded to Mauritius,                    Done at Luxembourg, 10 April 1981 .
  HAS DECIDED AS FOLLOWS :
                                                                                   For the ACP—EEC Customs
                        Article 1
                                                                                       Cooperation Committee
  By way of derogation from the special provisions of
  List A in Annex II to Protocol No 1 , canned tuna                                          The President