31971R2861

Official Journal of the European Communities 89

3 1 . 1 2.7 1 Official Journal of the European Communities No L 289/9

REGULATION (EEC) No 2861/71 OF THE COUNCIL of 20 December 1971 concerning the application of Decision No 41/71 of the Council of Association provided for by the Convention of Association between the European Economic Commtm^y and the African States and Madagascar associated with the Community.,

THE COMMISSION OF THE EUROPEAN Whereas, however, a derogation has been made from COMMUNITIES, that Decision, with effect from 1 December 1971 , by Decision No 41/71 of the Council of Association in Having regard to the Treaty establishing the European order to take into account the special situation of Mauri­ Economic Community, and in particular Article 113 tania with regard to fishery products ; thereof;

Whereas , in accordance with Article 46 of that Conven­ Having regard to the Internal Agreement 1 on the meas­ tion, measures required for implementation of that Deci­ ures to be taken and the procedures to be followed for sion should be taken, purposes of the application of the Convention of Asso­ ciation between the European Economic Community HAS ADOPTED THIS REGULATION : and the African States and Madagascar associated with the Community, and in particular Article 2 thereof;

Having regard to the proposal from the Commission; Article 1

Whereas a Convention of Association 2 between the By way of derogation from Decision No 36/71 on the Council of Association annexed to Regulation (EEC) No European Economic Community and the African States 1251/71 , Decision No 41/7 ! of the Council of Associa­ and Madagascar associated with the Community was tion, annexed to this Regulation, shall apply . signed on 29 July 1969 and entered into force on 1 Janu­ ary 1971 ;

Whereas Regulation (EEC) No 1251/71 3 brought into Article 2 effect Decision No 36/71 of the Council of Association on the definition of the concept of 'originating products' This Regulation shall enter into force on the day follow­ for the application of Title I of the Convention of Asso­ ing its publication in the Official Journal of the Euro­ ciation and on methods of administrative cooperation; pean Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 1971 .

For the Council The President M. PEDINI

1 OJ No L 282, 28.12.1970, p. 44. 2 OJ No L 282, 28.12.1970, p. 2. 3 OJ No L 135, 21.6.1971 , p.l .

90 Official Journal of the European Communities

DECISION No 41/71 of the Council of Association derogating from the definition of the concept of 'originating products' in order to take into account the special situation of Mauritania with regard to fishery products

THE COMMITTEE OF ASSOCIATION, heading Nos 03.01 (excluding tuna, sardines and small sharks), 03.02 and 03.03 of the Common Customs Having regard to the Convention of Association between Tariff. the European Economic Community and the African and Madagascar States associated with that Community Article 3 signed at Yaounde on 29 July 1969, and in particular Article 10 thereof; The necessary measures for the quantitative control of the exports referred to in Article 2 shall be taken by the Having regard to Decision No 36/7 1 of the Council of Mauritanian authorities . Association on the definition of the concept of 'originating products' for the application of Title I of the A.Y.I movement certificates issued in pursuance of this Convention of Association and on methods of adminis­ Decision must bear the endorsement 'originating goods trative cooperation; in accordance with Decision No 41/71 of the Council of Association'. This endorsement shall be entered in red Having regard to Decision No 37/71 of the Council of ink in the space for 'remarks'. Association authorizing the Committee of Association to amend or supplement Decision No 36/71 ; Article 4 Whereas Decision No 36/71 defines the concept of If imports made in pursuance of this derogation cause or 'originating products' for the application of Title I of the threaten to cause difficulties leading to changes in the Convention of Association and lays down the methods economic situation of a region within the Community , of administrative cooperation, in particular with regard the Community may, in accordance with Article 16(2) to fishery products; and (4) of the Yaounde Convention, take or authorize the Member State concerned to take the necessary protective Whereas, however, in order to take into account the spe­ measures, including those for eliminating deflection of cial situation of Mauritania and the fact that its fish pre­ trade. paration factories are supplied in part by fishermen from the Canaries residing in its territory, a derogation Articles in favour of Mauritania should be made from the defini­ tion of origin laid down by the Decision referred to The Associated States, the Member States and the above, Community shall, each respectively for its part, take the measures required for the implementation of this Deci­ HAS DECIDED : sion .

Article 1 Articled By way of derogation from the provisions of Decision This Decision shall enter into force on 1 December No 36/71 , fishery products caught in Mauritanian wat­ ers by fishermen from the Canaries resident in the terri­ 1971 . It shall apply until 31 January 1975 . However, tory of Mauritania, which have undergone processing Article 2 may if necessary be amended by a Decision of the Council of Association. (freezing, slicing or filleting) carried out exclusively in that country , shall, for the application of Title I of the Convention of Association, be considered as products originating in Mauritania. Done at Brussels, 23 November 1971 . Article 2 The President ofthe Committee ofAssociation This derogation shall be limited to an annual quantity of 3 500 metric tons of fishery products, falling within A.SISSOKO