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Article 36 Derogations

United Kingdom

Original text. Later amendments are not shown.

1.

On its own initiative or in response to a request from a beneficiary country the Commission may grant a beneficiary country a temporary derogation from the provisions of this Annex where:

(a)

internal or external factors temporarily deprive it of the ability to comply with the rules for the acquisition of origin laid down in this Annex where it could do so previously; or

(b)

it requires time to prepare itself to comply with the rules for the acquisition of origin laid down in this Annex.

2.

Such a temporary derogation shall be limited to the duration of the effect of the internal or external factors giving rise to it or the length of time needed for the beneficiary country to achieve compliance with the rules.

3.

A request for derogation shall be made in writing to the Commission. It shall state the reasons as indicated in paragraph 1 why a derogation is required and shall include appropriate supporting documents.

4.

Measures under this Article shall be adopted in accordance with the examination procedure referred to in Article 19(5) of this Regulation.

The Union shall respond positively to all requests by ACP States which are duly justified in accordance with this Article and which cannot cause serious injury to an established Union industry.