CELEX: 51973PC0070
Language: en
Date: 1973-01-29
Title: DRAFT ASSOCIATION COUNCIL DECISION DEROGATING FROM THE DEFINITION "ORIGINATING PRODUCTS" FOR THE YEARS 1973 AND 1974 IN ORDER TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF MAURITIUS WITH REGARD TO CERTAIN TEXTILE PRODUCTS (Submitted by the Council to the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 70
Vol. 1973/0008
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION            OP    THE     EUROPEAN            COMMUNITIES
                                               COM(73 ) 70 final
                                               Brussels , 29 January 1973
                                    DRAFT
                    ASSOCIATION COUNCIL DECISION
  DEROGATING FROM THE DEFINITION    " ORIGINATING PRODUCTS" FOR THE YEARS
  1973 AND 1974 IN ORDER TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF
  MAURITIUS WITH REGARD TO CERTAIN TEXTILE PRODUCTS
                 (Submitted by the Council to the Commission)
       COM (73 ) 70 final
 ---pagebreak---                                                        VIII/1370/72/B-I
                          EXPLANATORY MEMORANDUM
        The Association .Agreement "between the European Econibmic
Community and the African and Malagasy States associated with that
Community (AASM) concerning the accession of Mauritius to the Convention
of Association was signed on 12 May 1972 and will enter into force
as soon as the ratification instruments have "been lodged by all the
States concerned. On thalt same date , the Decisions taken by the
Association Council will apply in"relati'ons between the Community
and Mauritius ; this is particularly the case with regard to the
Decision defining originating products ; it " follows that in order
that products exported from Mauritius should qualify for preferential
treatment "by the Member States of the Community, under Title I of
the Convention of Association, they must comply with the rules laid
down in that Decision .      ** 1 •   -'
        In view of the above , Mauritian representatives have pointed
out that certain products of their export industries would not , upon
the entering into force of the Agreement , fully satisfy the criteria
defining the quality of " originating products "•
        Mauritius consequently requested the Community that be granted
it a relatively short transitional period which would allow certain
industries to turn to other sources of supply, thus bringing their
exportable products Within the requirements of the definition
                        (           ,
" originating products "•
 ---pagebreak---                                   - 2 -                 VIII/1370/72/B-1
         This request was approved and the Community and the Mauritian
delegation decided to annex to the Association Agreement a joint
declaration drawn up to that effect# The second paragraph of that joint
declaration reads as follows :
" The Contracting Parties agree that they will , upon signing the Agreement ,
study the possibility of providing for an. adaptation period, in no case
extending beyond 31 December 1974 , in order to solve these difficulties .
They agree to submit the results of this study to the Association
Council as soon as the Agreement enters into force "#
         Following that joint declaration , the Mauritian Government
informed the Commission that , aftir careful consideration of the question ,
it became apparent that , of the industries on Mauritian territory likely
tQ export part of their products to the Community , only some manufacturers
of the textile industries were not in the immediate position of producing
goods satisfying the requirements of the definition of originating
products , in its application to EEC - AASM trade# Those manufacturers
«.re from the knitwear and clothing industries *
                                             /■ ■ . „
         The Government of Mauritius also then stated that the exemption
period requested would be sufficient to allow the industries concerned
to turn to other sources of supply , thus enabling their manufactured
products to satisfy the requirements of the definition of " originating
products " in its application to EEC - AASM relations#
         After an exchange of letters between the Commission and the
Mauritian Government and following the visit to Brussels of a mission
presided over by the Mauritian Economic Minister , it was proposed, in
order to meet the interests of all present to take into consideration
the request of the Mauritian Government subject to the imposition of
" ceilings " for groups of products so that the products imported under
the exemption should not all consist of one or two categories of
articles#
The draft Regulation annexed hereto purports to   implement this proposal#
 ---pagebreak---                                        - 3 -                 VIIl/l370/72/B-l
                                       DRAFT
                  / ■ ASSOCIATICI? COUNCIL DECISION N°
   DEROGATING PROM THE DEFINITION " ORIGINATING PRODUCTS " FOR THE YEARS
   1973 AND 1974 EI ORDER TO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF
   MAURITIUS WITH REGARD TO CERTAIN TEXTILE PRODUCTS.
   THE ASSOCIATION COUNCIL, ;
   having regard -to the Convention of Association between the European
   Economic Community and the African and Malagasy States associated
   with that Community, signed on 29 July 1969 , and in particular Article
   10 § 2 thereof ,
   having regard to the proposal from the Commission of the European
   Communities ,
   whereas an Association Agreement concerning the Accession of Mauritius
   to " the Convention of Association . was signed at Port Louis on 12 May;
   whereas that Agreement contains the application to Mauritius of
   Association Council Decisions , in particular Decision N° 36/71 , on the
   definition of the concept of " originating products
   whereas , however , in order to take into account the special situation
   of Mauritius , and in order to enable the industries concerned to adapt
 . their production to conditions which comply with the definition
   " originating products " the definition contained in the Decision
   referred to above should be suspended in respect of that associated
   State ,
' HAS DECIDED AS FOLLOWS :
                                    Article 1
             In derogation from the special provisions m list A annexed
   to Decision N° 36/71 on the definition of the concept 6f " originating
   products     and on the methods af administrative cooperation , textile
                                                                          /•
 ---pagebreak---                                       4-                    VIIl/1370/72/B-l
products manufectured in Mauritius and falling within CCT Nos. 60.01 ,
60.02, 60,04; 60.05 , 61.01 , 61.02 . 61.03 , 61.04', 61 . 07 , 61.09 and 61.10
shall he considered as products originating in Mauritius under the
conditions hereinafter set out .
                                  Article 2
         The derogation shall , for the year 1973 , "be limited in the
amount entered hereunder in respect of each' of the groups od products
concerned.
N° 60 01 : Knitted or crocheted fabric , not elastic nor
             rubberised
   60 02 : Gloves , mittens and mitts, knitted or crocheted,           ^ .-Q
             not elastic nor rubberised
   60 04 i Under garments , knitted or crocheted , not elastic
             nor rubberised. r.
   60 05 s Outer garments , clothing accessories , and other
             articles , knitted or crocheted not elastic nor           - 500 T
             rubberised
   61 01 : Men 's and boy's outer garments
   6l 02 : Women 's girls' and infants' outer garments                 a g60 T
   61 03 : Men 's and boy 's under garments , including collars ,
             shirt fronts and cuffs .
   61 04 : Women 's ; girls' and infants " vinder garaent s
   61 07 s Ties , bow ties and cravats .
   61 09 • Corsetö , corset-belts , suspender-belts , brassieres ,
             braces , suspenders garters and the like ( including = 20 T
             such articles of knitted or crocheted fabric ),
             whether or not elastic .
   61 10 : Gloves , mittens , mitts , stockings , socks , and
             soclcettes , not being knitted or crocheted goods *
          For the year 1974 t these quantities shall amount respectively
to 510 M.T. (N° 60.01 , 60.02 and 60.04), 540 MT (N° 60,05 ), 280 MT
(N° 61.01 , 61.02 , 61.03 and 61.04 ) and 22 MT (N° 61.07 , 61.09 and
61.10 ).
                                                                          /.
 ---pagebreak---                                      - 5 -              VIII/ 1370/72/B-1
                                 Articles
         If the amount fixed in Article 2 has not teen used up during
1973 , the quantities not used during that year mays "be used in 1974 »
                                 Article 4
         The Mauritian authorities shall take the necessary measures
to control the quantity and quality of the exported products listed
in article 2 *
         AT 1 movement certificates issued pursuant to this Decision
shall "bear one of the following entries :
         " originating products by virtue of Association Council
           Decision N0 "
         " ( same entry in German) "
         " ( same entry in Italian ) 11
         " ( same entry in Dutch ) "
         This entry shall "be in red ink under the heading " remarks " •
                                Article 5
         If imports entered under this derogation cause , or threaten
to cause difficulties which "bring about a deterioration in the economic
situation of a region of the Community , the latter may take , or
authorise the Member State concerned to take the necessary protective
measures under Article 16 § 2 of the Convention of Association,
                                 Article 6
         The Associated States , the Member States and the Community
shall be required , each to the extent to which they are concerned ,
to take the necessary steps to implement this Decision.
 ---pagebreak---                                - 6 -         VIII/1370/72/B-1
                            Article 7
     t             '-           K- -    [ .
This Decision shall enter into force on
It shall apply until 31 December 1974*
                                     Done at           , 19 .*