31975R0866
4 . 4 . 75 Official Journal of the European Communities No L 84/3
REGULATION ( EEC) No 866 / 75 OF THE COUNCIL of 18 March 1975 on the implementation , until the entry into force of the trade provisions of the convention which is to succeed the convention of 29 July 1969 and at the latest until 31 December 1975 , of Decision No 47 / 74 of the EEC-AASM Association Council derogating from the definition of the concept of 'originating products' in order to take account of the special situation of Mauritius with regard to certain textile products
THE COUNCIL OF THE EUROPEAN has maintained the arrangements provided for in Arti COMMUNITIES , cles 109 to 114 and 119 of the Act of Accession for the period during which the transitional measures are Having regard to the Treaty establishing the European applied, Economic Community and in particular Article 113 thereof ; HAS ADOPTED THIS REGULATION : Having regard to the proposal from the Commission ;
Whereas the Association Council set up under the Article 1 convention of association signed in Yaounde on 29 July 1969 between the European Economic Commu For the purpose of implementing the convention of association between the European Economic Commu nity and the African and Malagasy States associated nity and the African and Malagasy States associated with that Community has adopted Decision No 47/74 with that Community, Decision No 47/74 of the Asso of 27 December 1974 derogating from the definition ciation Council as annexed to this Regulation shall of the concept of 'originating products' in order to apply in the Community until the entry into force of take account of the special situation of Mauritius with the trade provisions of the convention which is to regard to certain textile products ; succeed this convention of association and at the Whereas it is necessary in accordance with Article 46 latest until 31 December 1975 . of the said convention to implement this Decision ; Article 2 Whereas , pursuant to Article 109 of the Act of Acces sion ('), the arrangements resulting from the above This Regulation shall enter into force on the third day mentioned convention shall not apply in relations following its publication in the Official Journal of between the new Member States and the Associated the European Coounities. States ; whereas, pursuant to Article 115 of the Act of Accession , the Council , by Decision No 75/88 / EEC ( 2) This Regulation shall apply from 1 January 1975 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 18 March 1975 . For the Council
The President
R. RYAN
(') OJ No L 73 , 27 . 3 . 1972, p . 14 . (2 ) OJ No L 26 , 31 . 1 . 1975, p . 8 .
No L 84/4 Official Journal of the European Communities 4 . 4 . 75
ANNEX
DECISION No 47/74 OF THE EEC-AASM ASSOCIATION COUNCIL of 27 December 1974 derogating from the definition of the concept of 'originating products' in order to take account of the special situation of Mauritius with regard to certain textile products
THE ASSOCIATION COUNCIL, Whereas the setting up of spinning-mills in Mauritius has been delayed for reasons connected with the Having regard to the convention of association supply of building materials, and whereas therefore, between the European Economic Community and certain of that Associated State's textile products the African and Malagasy States associated with the do not yet meet the criteria laid down by the Community, signed on 29 July 1969 , and in particular definition of the concept of 'originating products' in Articles 10 ( 2 ) and 62 ( 2 ) thereof ; the relations between the EEC and the AASM ;
Whereas an Association Agreement concerning the Whereas consequently, the derogation under Decision accession of Mauritius to the convention of associa No 46/73 should be prolonged for a limited period, tion was signed at Port Louis on 12 May 1972 ; whereas that Agreement contains the application to Mauritius of Decisions of the Association Council on HAS DECIDED AS FOLLOWS : the definition of the concept of 'originating products', and in particular of Decision No 36/71 ; Article 1 Whereas , however, in order to take into account the special situation of Mauritius, and in order to enable In derogation from the special provisions in List A the industries concerned to adapt their production to annexed to Decision No 36/71 on the definition of conditions which comply with the definition of the the concept of 'originating products' and on the concept of ' originating products', Decision No 46 /73 methods of administrative cooperation, textile of the Association Council stipulates that until 31 products manufactured in Mauritius and falling December 1974 textile products manufactured in within Common Customs Tariff heading Nos 60.01 , Mauritius and falling within Common Customs 60.02 , 60.04, 60.05 , 61.01 , 61.02, 61.03 , 61.04, 61.07, Tariff heading Nos 60.01 , 60.02, 60.04, 60.05 , 61.01 , 61.09 and 61.10 shall be considered as products 61.02 , 61.03 , 61.04, 61.07, 61.09 , and 61.10 shall be originating in Mauritius under the conditions set out considered as ' originating products', within the limit hereinafter . of certain amounts ;
Article 2 Whereas the Government of Mauritius has presented a request that from 1 January 1975 the definition in Decision No 36/71 in respect of certain textile The derogation shall, for the year 1975 , be limited products manufactured in that Associated State shall to the amounts specified below in respect of the be suspended for a maximum period of one year ; products concerned :
4. 4 . 75 Official Journal of the European Communities No L 84/5
Total
60.01 Knitted or crocheted fabric, not elastic or rubberized i 260 i
60.02 Gloves , mittens and mitts , knitted or 510 crocheted, not elastic or rubberized 50 / metric tons
60.04 Under garments, knitted or crocheted , not elastic or rubberized 200 'j
60.05 Outer garments , clothing accessories 200 and other articles, knitted or crocheted , metric tons not elastic or rubberized 200 j
61.01 Men's and boys ' outer garments 120 \
61.02 Women's , girls ' and infants' outer gar ments 120 480 61.03 Men's and boys' under garments , includ metric tons ing collars, shirt-fronts and cuffs 120 I
61.04 Women's , girls' and infants ' under gar ments 120
61.07 Ties , bow ties and cravats 25 \
61.09 Corsets , corset-belts , suspender-belts , brassieres , braces , suspenders , garters and the like ( including such articles of 60 knitted or crocheted fabric ),, whether or metric tons not elastic 20 (
61.10 Gloves , mittens^, mitts , stockings, socks and sockettes , not being knitted or cro cheted goods 15
1 250 metric tons
In addition, if, for one of the tariff headings Article 4 mentioned in the table in Article 2 of Decision Movement certificates AY 1 issued pursuant to this No 46/73 , the quantity fixed has not been reached Decision shall bear one of the following entries : during 1974 the quantities not used up during that year may be used in 1975 to the extent of 20 % of ' Originating products by virtue of Association Council Decision No 47/74'. the quantity fixed for the same tariff heading. 'Marchandises réputés originaires en vertu de la déci sion n° 47/74 du Conseil d'association '. ' Ursprungserzeugnisse im Sinne des Beschlusses Nr. 47/74 des Assoziationsrats '. Article 3 ' Merci originarie in virtù della decisione n . 47/74 del Consiglio di associazione '. ' Goederen van oorsprong uit hoofde van besluit The necessary measures shall be taken by the nr . 47/74 van de Associatieraad '. Mauritian authorities in order to verify the quality and quantity of exports of the products referred to ' Varer med oprindelsestatus i henhold til Associe in Article 2 . ringerådets afgørelse nr. 47/74'.
No L 84/6 Official Journal of the European Communities 4. 4 . 75
This entry shall be in red ink under the heading which are concerned, to take the necessary steps to ' Observations '. implement this Decision .
Article 7 Article 5 This Decision shall enter into force on 1 January Should imports under this derogation give rise, or 1975 . threaten to give rise, to difficulties leading to a It shall apply pro rata temporis, as far as the change in an economic situation in a region of the quantities are concerned, until the trade provisions Community, the latter may, pursuant to Article 16 (2 ) of the convention which is to succeed the convention of the convention of association, take or authorize of 29 July 1969 are applied, and until 31 December the Member State concerned to take the necessary 1975 at the latest. protective measures.
Done at Brussels, 27 December 1974. Article 6 The President of the Association Council The Associated States, the Member States and the Community shall be required, each to the extent to Doralta DJIRAIBAYE