22000D1028(01)

Decision No 1/2000 of the ACP-EC Customs Cooperation Committee

of 18 October 2000

derogating from the definition of "originating products" to take account of the special situation of Fiji, Mauritius, Papua New Guinea and the Seychelles regarding the production of canned tuna and of tuna loins (HS heading ex 16.04)

(notified under document number C(2000) 2663)

(2000/661/EC)

THE ACP-EC CUSTOMS COOPERATION COMMITTEE,

Having regard to the ACP-EC Partnership Agreement signed at Cotonou on 23 June 2000, and in particular Article 38 of Protocol 1 thereto,

Whereas:

(1) Article 1 of Decision No 1/2000 of the ACP-EC Council of Ministers of 27 July 2000 on transitional measures valid from 2 August 2000(1) provides that the trade provisions of the ACP-EC Partnership Agreement, including Protocol 1 concerning the definition of the concept of "originating products" and methods of administrative cooperation, apply from 2 August 2000.

(2) Article 38(1) of the said Protocol provides for derogations from the rules of origin to be granted whenever the development of an existing industry or the establishment of a new one warrants it.

(3) Article 38(8) of the said Protocol provides that the derogations are granted automatically within an annual quota of 8000 tonnes for canned tuna and within an annual quota of 2000 tonnes for tuna loins.

(4) On 24 May 2000 the African, Caribbean and Pacific States (ACP States) submitted a request, on behalf of the Governments of Fiji, Mauritius, Papua New Guinea and of the Seychelles, for a derogation from the rule of origin in the Protocol, in respect of an annual quantity of 4568 tonnes of canned tuna and of an annual quantity of 1200 tonnes of tuna loins produced by these countries from 1 May 2000 to 30 April 2002, to be allocated as follows: 1142 tonnes of canned tuna to each country and 400 tonnes of tuna loins to Fiji, Mauritius and Papua New Guinea.

(5) The derogation is requested under the relevant provisions of Protocol 1, particularly with regard to Article 38(8) and the requested quantities fall within the limits of the annual quota which are granted automatically upon request of the ACP States.

(6) Therefore, pursuant to Article 38(8), a derogation can be granted to Fiji, Mauritius and Papua New Guinea in respect of canned tuna and tuna loins and to the Seychelles in respect of canned tuna for the quantities requested and for a period of two years,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the list in Annex II to Protocol 1 of the ACP-EC Partnership Agreement, canned tuna and tuna loins of HS Heading ex 16.04 produced in Fiji, Mauritius, Papua New Guinea and in the Seychelles from non-originating tuna shall be regarded as originating in these countries in accordance with the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the products and the quantities shown in the Annex to this Decision which are imported into the Community from Fiji, Mauritius, Papua New Guinea and the Seychelles during the period of 1 October 2000 to 30 September 2002.

Article 3

The quantities referred to in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management.

Where an importer presents, in a Member State, a declaration of entry for free circulation, including an application for the benefit of this Decision, the Member State shall, if the declaration has been accepted by the customs authorities, notify the Commission of its wish to draw the amount corresponding to its requirements.

Applications to draw, showing the date of acceptance of declarations, shall be transmitted to the Commission without delay.

Withdrawals shall be granted by the Commission in order of date of acceptance of declarations of entry for free circulation by the Member States' customs authorities, provided that the available balance permits.

If a Member State fails to use a withdrawal it shall return it, as soon as possible, to the appropriate quota.

If requests exceed the available balance of a given quota, quantities shall be allocated on a pro rata basis. The Commission shall inform the Member States of withdrawal on the quotas.

Each Member State shall ensure that importers have continuous and equal access to the amounts available as long as the balance permits.

Article 4

The customs authorities of Fiji, Mauritius, Papua New Guinea and the Seychelles shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The competent authorities of those countries shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5

Box 7 of EUR.1 certificates issued under this Decision shall contain the words:"Derogation - Decision No 1/2000".

Article 6

The African, Caribbean and Pacific States (ACP States), the Member States and the European Community shall take the measures necessary on their part to implement this Decision.

Article 7

This Decision shall enter into force on the day of its adoption.

This Decision shall apply from 1 October 2000.

Done at Brussels, 18 October 2000.

For the ACP-EC Customs Cooperation Committee

The Joint Chairmen

Michel Vanden Abeele

Peter O. Ole Nkuraiyia

(1) OJ L 195, 1.8.2000, p. 46.

ANNEX

Fiji

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Mauritius

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Papua New Guinea

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The Seychelles

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