{
  "url": "https://openlegislation.uk/eu-decision-2019-1355/attachment-2/article-40",
  "json_url": "https://openlegislation.uk/eu-decision-2019-1355/attachment-2/article-40.json",
  "legislation": "eudn/2019/1355",
  "legislation_title": "Council Decision (EU) 2019/1355 of 15 July 2019 on the position to be taken on behalf of the European Union in the EPA Committee established under the stepping stone Economic Partnership Agreement between Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part, as regards the adoption of Protocol 1 concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-1355",
  "path": "attachment/2/article/40",
  "kind": "article",
  "number": "40",
  "heading": "Derogations",
  "text": "1. Derogations from this Protocol may be adopted by the Committee where the development of existing industries or the creation of new industries in Côte d'Ivoire justifies them. To that end, Côte d'Ivoire shall, before or when it submits the matter to the Committee, notify the European Union of its request together with the reasons for the request in accordance with paragraph 2 of this Article. The European Union shall respond positively to all requests by Côte d'Ivoire which are duly justified in accordance with this Article and which cannot cause serious injury to an established EU industry.\n2. In order to facilitate the examination by the Committee of requests for derogation, Côte d'Ivoire shall, by means of the form set out in Annex VII to this Protocol, furnish in support of its request the fullest possible information covering in particular the points listed below:\n(a) description of the finished product;\n(b) nature and quantity of materials originating in a third country;\n(c) nature and quantity of materials originating in Côte d'Ivoire or in the States or territories referred to in Article 7 of this Protocol or the materials which have been processed there;\n(d) manufacturing processes;\n(e) value added;\n(f) number of employees in the undertaking concerned;\n(g) anticipated volume of exports to the European Union;\n(h) other possible sources of supply for raw materials;\n(i) reasons for the duration requested in the light of efforts made to find new sources of supply;\n(j) other observations.\nThe same rules shall apply to any requests for extension.\nThe Committee may modify the form.\n3. The examination of requests shall in particular take into account:\n(a) the level of development or the geographical situation of Côte d'Ivoire;\n(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in Côte d'Ivoire to continue exporting to the European Union, with particular reference to cases where this could lead to cessation of its activities;\n(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the implementation of an investment programme would enable these rules to be complied with in stages.\n4. In all cases, an examination shall be carried out to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem.\n5. In the examination of requests, special account shall be taken, on a case-by-case basis, of the possibility of conferring originating status on products which include in their composition materials originating in neighbouring developing countries, least-developed countries or developing countries with which Côte d'Ivoire has special relations, provided that administrative cooperation can be established.\n6. The Committee shall take all the necessary steps to ensure that a decision is reached as soon as possible and in any case not later than seventy five (75) working days after the request is received by the EU Co-Chair of the Committee. If the European Union does not inform Côte d'Ivoire of its position on the request within this period, the request shall be deemed to have been accepted.\n7. (a) Derogations shall be valid for a period, generally of five (5) years, to be determined by the Committee.\n(b) The derogation decision may provide for renewals without a new decision of the Committee being necessary, provided that Côte d'Ivoire submits, three (3) months before the end of each period, proof that it is still unable to meet the conditions of this Protocol which have been derogated from.\nIf any objection is made to the extension, the Committee shall examine it as soon as possible and decide whether to extend the derogation. The Committee shall proceed as provided for in paragraph 7 of this Article. All necessary measures shall be taken to avoid interruptions in the application of the derogation.\n(c) In the periods referred to in subparagraphs (a) and (b), the Committee may review the terms for implementing the derogation should a significant change be found to have taken place in the substantive factors governing the decision to grant the derogation. On conclusion of its review the Committee may decide to amend the terms of its decision as regards the scope of the derogation or any other condition previously laid down.\n8. Notwithstanding paragraphs 1 to 7 of this Article, the automatic derogations for canned tuna and tuna loins of HS heading 1604 shall be granted only for a period of two (2) years from the date of entry into force of this Protocol, within the limits of an annual degressive quota of 2 000 tonnes in the first year and 1 000 in the second year for canned products and an annual quota of 200 tonnes for tuna loins.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2019/1355/attachment/2/article/40",
    "retrieved_at": "2026-11-01T15:12:35.726339+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}