DECISION

No 2/2005

OF THE

ACP-EC

CUSTOMS COOPERATION COMMITTEE

of 1 March 2005

derogating from the concept of ‘originating products’ to take account of the special situation of the ACP States regarding the production of preserved tuna and of tuna loins (HS heading ex 16.04)

(2005/181/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 to Annex V thereof,

Whereas:

(1) 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.

(2) Article 38(8) of the said Protocol provides that the derogations are granted automatically within an annual quota of 8 000 tonnes for canned tuna and of 2 000 tonnes for tuna loins.

(3) On 28 October 2002 Decision No 2/2002 of the ACP-EC Customs Cooperation Committee derogating from the concept of ‘originating products’ to take account of the special situation of the ACP States regarding the production of canned tuna and of tuna loins (HS heading ex 16.04)(1) was adopted. The derogation provided for in Article 1 of this Decision shall apply during the period of 1 October 2002 to 28 February 2005.

(4) In view of the expiry of this provision the ACP States submitted on 8 November 2004 a request for a new global derogation from the rules of origin as contained in the ACP-EC Partnership Agreement, for canned tuna and tuna loins, valid for all ACP States, and covering the full annual quantities, i.e. 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins, imported into the Community from 1 March 2005 onwards.

(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 is granted automatically upon request of the ACP States.

(6) This Decision shall apply from 1 March 2005 until the end of 2007 pending the adoption of the new trading arrangements which shall enter into force by 1 January 2008 according to Article 37 of the ACP-EC Partnership Agreement.

(7) Decision No 2/2002 refers to ‘canned tuna’, but actually applies to ‘preserved tuna’. The term ‘preserved tuna’ comprises canned tuna and tuna vacuum-packed in plastic bags or other containers. The Combined Nomenclature of the European Communities uses the term ‘preserved tuna’ which encompasses ‘canned tuna’. The same terminology should be used in this Decision.

(8) The quantities for which a derogation is adopted should be managed by the Commission in collaboration with the customs authorities of the Member States and those of the ACP States. To that end, detailed rules should be adopted,

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from the special provisions in the list in Annex II to Protocol 1 to Annex V of the ACP-EC Partnership Agreement, preserved tuna and tuna loins of HS heading ex 16.04 produced in the ACP States from non-originating tuna shall be regarded as originating in the ACP States 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 the ACP States during the period of 1 March 2005 to 31 December 2007.

Article 3

The quantities set out in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management. Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93(2) relating to the management of tariff quotas shall apply

mutatis mutandis

to the management of the quantities referred to in the Annex.

Article 4

1. The customs authorities of the ACP States 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.

2. The competent authorities of those countries shall forward to the Commission every three months, via the Secretariat of the ACP Group, 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 movement certificates EUR.1 issued under this Decision shall contain one of the following indications:

— ‘Derogation — Decision No 2/2005’;

— ‘Dérogation — Décision n

2/2005’.

Article 6

The 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 date of its adoption.

This Decision shall apply from 1 March 2005.

Done at Brussels, 1 March 2005.

For the ACP-EC Customs Cooperation Committee

The Joint Chairmen

Robert

VERRUE

Isabelle

BASSONG

(1)

OJ L 311, 14.11.2002, p. 22

(2)

OJ L 253, 11.10.1993, p. 1

. Regulation as last amended by Regulation (EC) No 2286/2003 (

OJ L 343, 31.12.2003, p. 1

ANNEX

Order No	HS Heading	Description of goods	Period	Quantities (in tonnes)
09.1632	ex 16.04	Preserved tuna(1)	1.3.2005-28.2.2006	8 000
			1.3.2006-28.2.2007	8 000
			1.3.2007-31.12.2007	6 666
09.1637	ex 16.04	Tuna loins	1.3.2005-28.2.2006	2 000
			1.3.2006-28.2.2007	2 000
			1.3.2007-31.12.2007	1 666

(1) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading ex 16.04.