Council Regulation (EEC) No 486/85 of 26 February 1985 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories

• Published date: 01 March 1985
• Official Gazette Publication: Official Journal of the European Communities, L 61, 1 March 1985

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31985R0486

Council Regulation (EEC) No 486/85 of 26 February 1985 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories

Official Journal L 061 , 01/03/1985 P. 0004 - 0019
Spanish special edition: Chapter 11 Volume 21 P. 0233
Portuguese special edition Chapter 11 Volume 21 P. 0233

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( 1 ) OJ NO L 323 , 29 . 11 . 1980 , P . 1 .

( 2 ) OJ NO C 36 , 8 . 2 . 1985 , P . 3 .

( 3 ) OPINION DELIVERED ON 15 FEBRUARY 1985 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .

( 4 ) OJ NO L 105 , 23 . 4 . 1983 , P . 1 .

( 5 ) OJ NO L 347 , 22 . 12 . 1980 , P . 1 .

( 6 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 7 ) OJ NO L 147 , 13 . 6 . 1980 , P . 4 .

( 8 ) OJ NO L 361 , 31 . 12 . 1980 , P . 1 .

( 9 ) SEE P . 25 OF THIS OFFICIAL JOURNAL .

( 10 ) OJ NO L 29 , 1 . 2 . 1985 , P . 1 .

( 11 ) OJ NO L 29 , 1 . 2 . 1985 , P . 18 .

( 12 ) OJ NO L 55 , 28 . 2 . 1980 , P . 4 .

( 13 ) OJ NO L 365 , 31 . 12 . 1980 , P . 2 .

( 14 ) OJ NO L 148 , 28 . 6 . 1968 , P . 24 .

( 15 ) OJ NO L 183 , 16 . 7 . 1980 , P . 1 .

( 16 ) OJ NO L 379 , 31 . 12 . 1981 , P . 1 .

( 17 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 18 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 19 ) OJ NO L 166 , 25 . 6 . 1976 , P . 1 .

( 20 ) OJ NO 204 , 24 . 8 . 1967 , P . 1 .

( 21 ) OJ NO L 73 , 21 . 3 . 1977 , P . 1 .

( 22 ) OJ NO L 94 , 28 . 4 . 1970 , P . 1 .

( 23 ) OJ NO L 146 , 4 . 7 . 1970 , P . 1 .

( 24 ) OJ NO L 175 , 4 . 8 . 1971 , P . 1 .

( 25 ) OJ NO L 55 , 2 . 3 . 1968 , P . 1 .

( 26 ) OJ NO L 246 , 5 . 11 . 1971 , P . 1 .

( 27 ) OJ NO L 151 , 30 . 6 . 1968 , P . 16 .

( 28 ) OJ NO L 142 , 30 . 5 . 1978 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 486/85 OF 26 FEBRUARY 1985 ON THE ARRANGEMENTS APPLICABLE TO AGRICULTURAL PRODUCTS AND CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ORIGINATING IN THE AFRICAN , CARIBBEAN AND PACIFIC STATES OR IN THE OVERSEAS COUNTRIES AND TERRITORIES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 113 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3033/80 OF 11 NOVEMBER 1980 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS ( 1 ) , AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,

WHEREAS THE THIRD ACP-EEC CONVENTION WAS SIGNED AT LOME ON 8 DECEMBER 1984 ;

WHEREAS ARTICLE 130 ( 2 ) ( A ) OF THE CONVENTION LAYS DOWN THAT PRODUCTS ORIGINATING IN THE ACP STATES AND :

- LISTED IN ANNEX II TO THE TREATY , WHEN THEY COME UNDER A COMMON ORGANIZATION OF THE MARKET WITHIN THE MEANING OF ARTICLE 40 OF THE TREATY , OR

- SUBJECT , ON IMPORTATION INTO THE COMMUNITY , TO SPECIFIC RULES INTRODUCED AS A RESULT OF THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY ,

SHALL BE IMPORTED INTO THE COMMUNITY , NOTWITHSTANDING THE GENERAL ARRANGEMENTS APPLIED IN RESPECT OF THIRD COUNTRIES , IN ACCORDANCE WITH THE FOLLOWING PROVISIONS :

( I ) PRODUCTS FOR WHICH COMMUNITY PROVISIONS IN FORCE AT THE TIME OF IMPORT DO NOT PROVIDE , APART FROM CUSTOMS DUTIES , FOR THE APPLICATION OF ANY OTHER MEASURE RELATING TO THEIR IMPORT , SHALL BE IMPORTED FREE OF CUSTOMS DUTIES ;

( II ) FOR PRODUCTS OTHER THAN THOSE REFERRED TO UNDER ( I ) , THE COMMUNITY SHALL TAKE THE NECESSARY MEASURES TO ENSURE MORE FAVOURABLE TREATMENT THAN THAT APPLIED TO THIRD COUNTRIES BENEFITING FROM THE MOST-FAVOURED-NATION CLAUSE FOR THE SAME PRODUCTS ;

WHEREAS ARTICLE 130 ( 2 ) OF THE THIRD ACP-EEC CONVENTION LAYS DOWN THAT THE ARRANGEMENTS REFERRED TO UNDER PARAGRAPH ( 2 ) ( A ) SHALL ENTER INTO FORCE AT THE SAME TIME AS THE CONVENTION AND SHALL REMAIN APPLICABLE FOR ITS DURATION ;

WHEREAS THE COMMUNITY HAS AGREED TO APPLY AUTONOMOUSLY TO THE ACP STATES SIGNATORIES TO THE CONVENTION THE ARRANGEMENTS SET OUT IN ARTICLE 130 ( 2 ) ( A ) OF THE CONVENTION , ON TRADE IN AGRICULTURAL PRODUCTS AND FOODSTUFFS , AS FROM 1 MARCH 1985 , THAT IS TO SAY BEFORE THE CONVENTION ENTERS INTO FORCE ;

WHEREAS THE REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKETS IN THE SECTORS CONCERNED ESTABLISH TRADE ARRANGEMENTS WITH THIRD COUNTRIES ;

WHEREAS , FOR THE PURPOSES OF THIS REGULATION , THE CONCEPT OF IMPORT DUTIES SHALL BE THAT SET OUT IN ARTICLE 1 ( 2 ) ( A ) OF REGULATION ( EEC ) NO 918/83 ( 4 ) ;

WHEREAS , ON THE ONE HAND , THESE TRADE ARRANGEMENTS PROVIDE FOR , ON THE IMPORT OF A NUMBER OF PRODUCTS , ONLY THE APPLICATION OF CUSTOMS DUTIES ; WHEREAS ON THE OTHER HAND , THESE ARRANGEMENTS INVOLVE THE APPLICATION OF CUSTOMS DUTIES AND IMPORT LEVIES ON BEEF AND VEAL , SHEEPMEAT AND GOATMEAT , AND ON PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES , THE CHARGING OF LEVIES IN RESPECT OF CEREALS , RICE AND PRODUCTS PROCESSED FROM CEREALS AND RICE , THE CHARGING OF AN AD VALOREM DUTY AND A VARIABLE COMPONENT ON CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS , THE APPLICATION OF CUSTOMS DUTIES AND OTHER MEASURES IN RESPECT OF IMPORTS OF FISHERY PRODUCTS , CERTAIN FRUIT AND VEGETABLES , AND OILS AND FATS ; WHEREAS THE OBLIGATIONS OF THE COMMUNITY TOWARDS THE ACP STATES UNDER ARTICLE 130 ( 2 ) ( A ) OF THE THIRD ACP-EEC CONVENTION MAY BE FULFILLED BY GRANTING TOTAL OR PARTIAL EXEMPTION FROM IMPORT DUTIES FOR THE PRODUCTS IN QUESTION WHERE THEY ORIGINATE IN THE ACP STATES ;

WHEREAS IT SHOULD BE SPECIFIED THAT THE ADVANTAGES RESULTING FROM ARTICLE 130 ( 2 ) ( A ) OF THE THIRD ACP-EEC CONVENTION ARE ACCORDED ONLY TO ORIGINATING PRODUCTS WITHIN THE MEANING OF PROTOCOL 1 CONCERNING THE DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS AND METHODS OF ADMINISTRATIVE COOPERATION , ANNEXED TO THE SECOND ACP-EEC CONVENTION SIGNED AT LOME ON 31 OCTOBER 1979 ( 5 ) , CERTAIN PROVISIONS OF WHICH HAVE BEEN EXTENDED BY REGULATION ( EEC ) NO 485/85 ( 6 ) ;

WHEREAS , UPON ENTRY INTO FORCE OF THE THIRD ACP-EEC CONVENTION , PROTOCOL 1 ANNEXED THERETO WILL BECOME APPLICABLE IN RESPECT OF THE RULES OF ORIGIN ;

WHEREAS , FURTHERMORE , THESE ADVANTAGES SHOULD BE COMBINED WITH CERTAIN CONDITIONS AND LIMITED TO CERTAIN ANNUAL AND MULTIANNUAL QUANTITIES ON A CASE-BY-CASE BASIS ;

WHEREAS THERE HAVE TRADITIONALLY BEEN TRADE FLOWS FROM THE ACP STATES TO THE FRENCH OVERSEAS DEPARTMENTS ; WHEREAS MEASURES SHOULD THEREFORE BE INTRODUCED TO ENCOURAGE THE IMPORTATION OF CERTAIN PRODUCTS ORIGINATING IN THE ACP STATES INTO THESE FRENCH OVERSEAS DEPARTMENTS TO COVER LOCAL CONSUMPTION REQUIREMENTS , INCLUDING CONSUMPTION FOLLOWING PROCESSING ; WHEREAS PROVISION SHOULD BE MADE FOR ALTERING THE ARRANGEMENTS GOVERNING ACCESS TO THE MARKETS IN PRODUCTS ORIGINATING IN THE ACP STATES REFERRED TO IN ARTICLE 130 ( 2 ) OF THE THIRD ACP-EEC CONVENTION , PARTICULARLY IN THE LIGHT OF THE SAID DEPARTMENTS' ECONOMIC DEVELOPMENT REQUIREMENTS ;

WHEREAS IT SHOULD BE STIPULATED THAT THE SAFEGUARD CLAUSES PROVIDED FOR IN THE REGULATIONS ON THE COMMON ORGANIZATION OF THE AGRICULTURAL MARKETS AND IN SPECIFIC RULES INTRODUCED AS A RESULT OF THE IMPLEMENTATION OF THE COMMON AGRICULTURAL POLICY ARE APPLICABLE ; WHEREAS BY VIRTUE OF THE TRANSITIONAL APPLICATION OF CERTAIN PROVISIONS OF THE SECOND ACP-EEC CONVENTION , ARTICLE 12 ( 1 ) OF THAT CONVENTION IS APPLICABLE AND WILL BE REPLACED BY ARTICLE 139 ( 1 ) OF THE THIRD ACP-EEC CONVENTION ONCE IT ENTERS INTO FORCE ; WHEREAS THE SAID PROVISIONS OF THE SECOND ACP-EEC CONVENTION ARE COMPLEMENTARY TO AND ARE IMPLEMENTED IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 1470/80 OF 9 JUNE 1980 ON THE SAFEGUARD MEASURES PROVIDED FOR IN THE SECOND ACP-EEC CONVENTION ( 7 ) , WHICH CONTINUES TO APPLY DURING THE TRANSITIONAL PERIOD , AND IN ACCORDANCE WITH THE REGULATION WHICH WILL REPLACE IT DURING THE PERIOD OF APPLICATION OF THE THIRD ACP-EEC CONVENTION ;

WHEREAS THE ASSOCIATION OF THE COMMUNITY WITH THE OVERSEAS COUNTRIES AND TERRITORIES , HEREINAFTER REFERRED TO AS " THE COUNTRIES AND TERRITORIES " , IS GOVERNED BY DECISION 80/1186/EEC ( 8 ) , AS LAST AMENDED BY DECISION 85/159/EEC ( 9 ) , IN RESPECT OF THE IMPORT ARRANGEMENTS FOR AGRICULTURAL PRODUCTS AND CERTAIN GOODS RESULTING FROM...