31977R0744

8 . 4. 77 Official Journal of the European Communities No L 90/ 5

COUNCIL REGULATION (EEC) No 744/77 of 5 April 1977 on the advance implementation of certain provisions of the ACP-EEC Conven­ tion of Lome relating to trade in respect of certain States which have signed Agreements of Accession to the Convention

THE COUNCIL OF THE EUROPEAN (a) — Articles 2, 3, 4, 9 and 10 of the ACP-EEC COMMUNITIES, Convention of Lome, Having regard to the Treaty establishing the European — Protocols 1 , 6 ancj 7 annexed to the Conven­ Economic Community, and in particular Articles 43 tion , and 1 1 3 thereof, — the joint declaration on fishing activities Having regard to Council Regulation (EEC) No annexed to the Convention , 1059/69 of 28 May 1969 laying down the trade — the declarations by the Community on Article arrangements applicable to certain goods resulting 2 of the Convention, on Article 3 of the from the processing of agricultural products (!), as last Convention and on Article 10 (2) of the amended by Regulation (EEC) No 3058/75 (2), and in Convention contained in Annexes XIV, XV particular Article 12 thereof, and XVI to the Final Act of the Convention ; Having regard to the Act of Accession, and in parti­ cular Article 116(2) thereof, (b) Council Regulation (EEC) No 706/76 of 30 March 1976 on the arrangements applicable to agricul­ Having regard to the proposal from the Commission, tural products and certain goods resulting from the Having regard to the opinion of the European Parlia­ processing of agricultural products originating in ment (3), the African , Caribbean and Pacific States or in the Whereas Agreements of Accession to the ACP-EEC overseas countries and territories (5) ; Convention of Lome (4), in accordance with Article 90 (c) Council Regulation (EEC) No 1 57/76 of 20 thereof, were signed between the European Economic Community and the Democratic Republic of Sao January 1976 on the safeguard measures provided for in the ACP-EEC Convention of Lome (6) ; Tome and Principe, the Republic of Cape Verde and Papua New Guinea ; (d) Council Regulation (EEC) No 1464/76 of 21 June Whereas, when these Agreements were signed, the 1976 on the opening, allocation and administra­ Community and the States concerned agreed in tion of a Community tariff quota for the products exchanges of letters to apply unilaterally from the first falling within subheading 22.09 C I of the day of the second month following the signing of Common Customs Tariff originating in the ACP these exchanges of letters certain provisions of the States (7) ; ACP-EEC Convention of Lome relating to trade, in accordance with the arrangements laid down in the (e) Annex II to this Regulation . Accession Agreements ; Whereas it is, therefore, necessary to take appropriate Article 2 measures to this end ; Whereas, furthermore, the arrangements provided for The provisions of Article 116 ( 1 ) of the Act of Acces­ in Article 116 ( 1 ) of the Act of Accession for imports sion shall cease to apply. into the United Kingdom of products originating in or coming from Papua New Guinea must cease to have effect as from the date of entry into force of the Article 3 new arrangements applicable under this Regulation to trade between that country and the Member States of the Community, This Regulation shall enter into force on the third day following its publication in the Official Journal of HAS ADOPTED THIS REGULATION : the European Communities.

Article 1 It shall apply in respect of each of the States referred The following shall apply from 1 May 1977 to the to in Annex I until the entry into force of the Acces­ States referred to in Annex I : sion Agreement concerning it or until 31 December 1977 at the latest. (») OJ No L 141 , 12. 6. 1969, p. 1 . (2) OJ No L 306, 26. 11 . 1975, p. 3 . (5) OJ No L 85, 31 . 3. 1976, p. 2. (3) OJ No C 83, 4. 4. 1977, p. 26. (') OJ No L 18 , 27. 1 . 1976, p. 1 . (<) OJ No L 25, 30. 1 . 1976, p. 1 . (7) OJ No L 165, 25. 6. 1976, p. 5.

No L 90 / 6 8 . 4. 77 Official Journal of the European Communities

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

Done at Luxembourg, 5 April 1977. For the Council

The President

D. OWEN

ANNEX I

List of the States referred to in Article 1

The Democratic Republic of Sao Tome and Principe The Republic of Cape Verde Papua New Guinea

ANNEX II

concerning the transitional arrangements for the issue of certificates of origin

Goods which conform to the provisions of Protocol 1 to the ACP-EEC Convention of Lome on the concept of 'originating products' and which, on the date of entry into force of the Accession Agree­ ment, are being either transported or held in the Community, in an ACP State or in one of the States referred to in Annex I, in bonded warehouses or in free zones (including free ports and free ware­ houses) may be allowed to benefit under the provisions of the aforesaid Agreement, subject to the submission to the customs authorities in the importing country, within four months of the said date, of : (a) a movement certificate EUR.l issued retrospectively by the customs authorities of the exporting State ; or (b) a certificate of origin issued by the competent authorities in that State, and, in either case , any documents which provide supporting evidence of direct transport.