2000/399/EC: Council Decision of 16 June 2000 on the procedure concerning derogations from the rules of origin set out in Protocol No 1 to the ACP-EC Partnership Agreement

Council Decision
of 16 June 2000
on the procedure concerning derogations from the rules of origin set out in Protocol No 1 to the ACP-EC Partnership Agreement
(2000/399/EC)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133,
Having regard to the proposal from the Commission,
Whereas:
(1) The Fourth ACP-EC Convention expired on 29 February 2000.
(2) The new ACP-EC Partnership Agreement could not enter into force on that date.
(3) Article 3 of Decision No 1/2000 of the ACP-EC Committee of Ambassadors of 28 February 2000 on transitional measures valid from 1 March 2000(1) provides that the trade provisions of the ACP-EC Partnership Agreement, including Protocol No 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation to the Convention applies from 1 March 2000.
(4) Article 38(9) of the said Protocol provides that requests by the ACP States for derogations from the rules of origin of the same Protocol shall be deemed to have been accepted if the Community does not inform the ACP States of its position on the requests within 75 working days of their receipt by the EC Co-Chairman of the ACP-EC Customs Cooperation Committee, set up by Article 37 of Protocol No 1.
(5) It is therefore necessary to adopt a procedure ensuring that the Community position can be adopted and communicated to the ACP States within the period of 75 working days.
(6) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).
(7) Council Decision 90/523/EEC(3) provided for the delegation of powers to the Commission with regard to the adoption of a common position of the Community following a request by the ACP States for derogation from the rules of origin laid down in Protocol No 1 to the Fourth ACP-EC Convention. A similar delegation of powers to the Commission should now be provided for with regard to requests for derogations from the rules of origin laid down in Protocol No 1 to the ACP-EC Partnership Agreement.
(8) Council Regulation (EEC, Euratom) No 1182/71(4) lays down the rules applicable to periods, dates and time limits,