COMMISSION DECISION
of 24 March 1992
derogating from the definition of the concept of originating  products to take account of the special situation of the Netherlands' Antilles with regard to  ladies' knitted pullovers falling within CN code 6110  20
(92/197/EEC)
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas  countries and territories with the European Economic Community  (1), and in particular Article 30  (8) of Annex II thereto,
Whereas Article 30 of Annex II to the said Decision, concerning the definition of the concept of  originating products and methods of administrative cooperation provides that derogations from the  rules of origin may be adopted where the development of existing industries or the creation of new  industries in a country or territory justifies them;
Whereas the Government of the Netherlands' Antilles has requested a derogation from the rules of  origin for ladies' knitted pullovers manufactured there, which for a temporary period could not  satisfy the rules of origin applicable to clothing laid down in Annex II to Decision 91/482/EEC;
Whereas Article 30 of Annex II to Decision 91/482/EEC sets out the conditions which must be  fulfilled in order for a derogation to be granted; whereas granting a derogation would not cause  any serious injury to an economic sector of the Community, or of one or more Member States; whereas  a temporary derogation could make a substantial contribution to establishing a textiles industry in  the Netherlands' Antilles; whereas such a derogation is indispensable for the realization of an  important investment programme and will also enable the company concerned to invest in new  production facilities in order to comply in future with the normal rules of origin; whereas the  relevant conditions of Article 30 are therefore respected in the present case;
Whereas according to Article 30 (8) of Annex II to Decision 91/482/EEC the procedure laid down in  Council Decision 90/523/EEC of 8 October 1990 on the procedure concerning derogations from the  rules of origin set out in Protocol No 1 to the Fourth ACP-EEC Convention  (2), is to apply mutatis  mutandis to the overseas countries and territories; whereas therefore a draft of the measures to be  taken was submitted to the Committee on Origin and whereas that Committee failed to deliver an  opinion on the draft within the period laid down by its chairman,
By way of derogation from the provisions  of Annex II to Decision 91/482/EEC, ladies knitted pullovers falling within CN code 6110  20 shall  be considered as originating in the Netherlands' Antilles when they are made-up there from  non-originating pieces of knitted fabric, subject to the conditions set out in this Decision.
The derogation provided for in Article 1 shall relate to a quantity of 120  000  pullovers exported from the Netherlands' Antilles during the period from 1 March 1992 to 28  February 1993. It shall relate to a quantity of 216  000 pullovers for the period from 1 March 1993  to 28 February 1994 and to a quantity of 360  000 pullovers for the period from 1 March 1994 to 28  February 1995, after which date it may be renewed for two consecutive years in accordance with  Article 30 (9) (b) of Annex II to Decision 91/482/EEC.
The competent authorities of the  Netherlands' Antilles shall take the necessary steps to carry out quantitative checks on the  exports referred to in Article 2 and shall forward to the Commission every three months a statement  of the quantities in respect of which movement certificates EUR.1 have been issued.
This Decision is addressed to the Member States.