This decision will set at EUR 175 million the amount of the 9th EDF for financial assistance to the Overseas Countries and Territories (hereafter referred to as "the OCT") to which Part Four of the Treaty applies.

Whereas Commission Regulation (EEC) No 903/90 (2), as last amended by Regulation (EC) No 1388/98 (3), lays down detailed rules for the application of the arrangements applicable to imports of certain poultrymeat products originating in the ACP States and in the overseas countries and territories (OCT);

Whereas the representatives of the Governments of the Member States meeting within the Council, agreed to set at ECU 165 million the amount of aid from the European Development Fund for the overseas countries and territories to which part four of the Treaty applies (hereinafter referred to as 'the OCT`);

Since the import arrangements established by Council Decision 97/803/EC of 24 November 1997 amending, at mid-term, Decision 91/482/EEC on the association of the overseas countries and territories with the European Economic Community(4) have been replaced by the arrangements established by Decision 2001/822/EC, Commission Regulation (EC) No 2553/97 of 17 December 1997 on rules for issuing import licences for certain products covered by CN codes 1701, 1702, 1703 and 1704 and qualifying as ACP/OCT originating products(5) should be repealed,

Payments made to the Bank in respect of special loans granted to the ACP States the OCT and the French overseas departments since 1 June 1964, together with the proceeds and income from risk capital operations undertaken since 1 February 1971 for the benefit of those States, countries, territories and departments, shall be credited to the Member States in proportion to their contributions to the Fund from which the sums are derived, unless the Council decides unanimously, on a proposal from the Commission, to place them in reserve or allocate them to other operations.

Islands of the Indian Ocean (except ACP countries and OCT)

Other countries and territories of Asia and Oceania (except OCT)

Countries and territories of South America (Atlantic Coast, other than OCT)

promote and foster inter-OCT and intra-OCT trade as well as trade with the most remote regions, ACP States or other third countries.

Greater and Lesser Antilles and Bermuda (except ACP countries, Puerto Rico and OCT)

However, taking into account the geographical situation of certain OCT, which in practice cannot establish close cooperation with ACP countries or other OCT, the possibility should also be provided for regional funds to be allocated at the request of only one OCT.

Support will take account in particular joint actions between Community, OCT and other developing countries;

For the purposes of determining the most-favoured-nation (MFN) treatment, account shall not be taken of arrangements applied by the OCT concerned to other OCT or ACP States, or to other developing countries.

In order to facilitate regional cooperation and integration between the OCT and the ACP countries, identical rules should in principle apply.

on financing the fixed costs of the system of managing technical assistance for the African, Caribbean and Pacific (ACP) States and the overseas countries and territories (OCT)

where feasible and appropriate, particularly in countries characterised by macroeconomic and financial stability, the Facility will endeavour to extend loans in local OCT currencies, thus taking the foreign exchange risk.

In order to ensure the optium cost-effectiveness of the system, natural or legal persons from non-ACP developing countries may be authorized to participate in contracts financed by the EEC at the request of the OCT concerned.

Having regard to the Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories (OCT) with the European Economic Community (1), and in particular Articles 211, 212 and 213 thereof,

The general regulations for works, supply and service contracts financed by the Fund resources in the overseas countries and territories (OCT), appearing in Annex I, shall apply to the preparation and award of contracts financed by the EDF.

Commission Regulation (EC) No 1595/98 of 23 July 1998 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT) and laying down specific detailed rules on the partial reimbursement of import duties levied on rice originating in the ACP countries

Whereas the representatives of the Governments of the Member States meeting within the Council, agreed to set at ECU 165 million the amount of aid from the European Development Fund for the overseas countries and territories to which part four of the Treaty applies (hereinafter referred to as `the OCT'); whereas provision is also made for operations to the amount of ECU 35 million to be undertaken by the Bank from its own resources in the OCT;

Commission Regulation (EC) No 1024/1999 of 18 May 1999 amending Regulation (EC) No 1595/98 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT) and laying down specific detailed rules on the partial reimbursement of import duties levied on rice originating in the ACP countries

Measures shall be taken to encourage the widest participation of the natural and legal persons of the OCT in the performance of contracts financed by the EDF in order to permit the optimization of the physical and human resources of those countries and territories.

Decision 2001/822/EC (Overseas Association Decision) requires the Commission to adopt implementing provisions concerning Part III and Annexes II(A) to (D) in cooperation with the overseas countries and territories (OCT) within the framework of the partnership procedure.

have paid, in the OCT concerned, customs duties or taxes having equivalent effect of a level equal to, or higher than, the customs duties applicable in the Community on import of these same products originating in third countries eligible for the most-favoured-nation clause;

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, hereinafter called the 'OCT Decision' (4), and in particular the seventh subparagraph of Article 6(5) of Annex III thereto,

laying down detailed rules for applying Council Regulation (EC) No 2286/2002 and Council Decision 2001/822/EC as regards the arrangements applicable to imports of rice originating in the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCT)

On 16 April 2002, the United Kingdom submitted a request for a derogation under Article 37 of Annex III to Decision 2001/822/EC from the rule of origin laid down in Article 3(2)(d) of that Annex, which requires, in case of fishery products taken from the sea outside the relevant territorial waters by vessels and factory ships from the overseas countries and territories, hereinafter referred to as 'OCT', that at least 50 % of the crew, master and officers included, must be OCT, Member State or ACP nationals.

the OCT authorities shall afford nationals, companies or enterprises of the Member States treatment that is no less favourable than that which they extend to nationals, companies or enterprises of third countries and shall not discriminate between nationals, companies or enterprises of Member States.

Whereas Commission Regulation (EEC) No 903/90 (2), as last amended by Regulation (EC) No 1388/98 (3), lays down detailed rules for the application of the arrangements applicable to imports of certain poultrymeat prod-ucts originating in the ACP States and in the overseas countries and territories (OCT);

The provision for the fees charged by the Bank to manage the Investment Facility and the interest rate subsidies including the resources reserved for the Overseas Countries and Territories (hereafter referred to as the `OCT` , shall be equivalent to a maximum of 10 % over five years of EUR 2 200 million.

Having regard to Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the ACP States or in the overseas countries and territories (OCT) (1), as last amended by Regulation (EC) No 619/96 (2), and in particular Article 27 thereof,

Having regard to Council Regulation (EEC) No 715/90 of 5 March 1990 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the AGP States or in the overseas countries and territories (OCT) (3), as last amended by Commission Regulation (EC) No 619/96 (4), and in particular Article 27 thereof,

Whereas Commission Regulation (EEC) No 903/90 (14), as last amended by Regulation (EC) No 1206/97 (15), lays down detailed rules for the application of the arrangements applicable to imports of certain poultrymeat products originating in the African, Caribbean and Pacific States (ACP) or in the overseas countries and territories (OCT) with a view to the implementation of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations;

On 30 April 1999 the President of the Court of First Instance of the European Communities issued an order in Case T-44/98 RII (Emesa Sugar (free Zone) NV (hereinafter referred to as 'Emesa") v Commission of the European Communities) suspending the application, as regards Emesa, of Article 108b of Council Decision 91/482/EEC on the association of the overseas countries and territories with the European Economic Community, as last amended by Decision 97/803/EC (hereinafter referred to as the 'OCT Decision'), of Commission Regulation (EC No 2553/97 of 17 December 1997 on rules for issuing import licences for certain products covered by CN codes 1701, 1702, 1703 and 1704 and qualifying as ACP/OCT originating products, and of the Commission Decision of 23 December 1997 (VI/ 51329), (hereinafter referred to as the 'Order').

'Residual Textile Area' means all countries and territories other than Algeria, Argentina, Bangladesh, Bolivia, Brazil, Brunei Daressalem, Colombia, Costa Rica, El Salvador, Guatemala, Hong Kong, India, Indonesia, Iran, Jordan, the Republic of Korea, Macao, Malaysia, Maldives, Mexico, Nicaragua, Pakistan, Panama, Paraguay, Peru, Philippines, Singapore, Sri Lanka, Syria, Taiwan, Thailand, Uruguay and those comprising the ACP Area, the CEFTA Area, the Far Eastern and Western Area, the Mediterranean Area, the OCT Area and the State Trading Area.

Payments made to the Bank in respect of special loans granted to the ACP States the OCT and the French overseas departments since 1 June 1964, together with the proceeds and income from risk capital operations undertaken since 1 February 1971 for the benefit of those States, countries, territories and departments, shall be credited to the Member States in proportion to their contributions to the Fund from which the sums are derived, unless the Council decides unanimously, on a proposal from the Commission, to place them in reserve or allocate them to other operations.

Whereas Commission Regulation (EC) No 2603/97 (2) lays down the detailed implementing rules for imports of rice originating in the ACP countries or in overseas countries and territories (OCT);

Commission Regulation (EC) No 174/2002 of 30 January 2002 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT)

The following shall be considered as wholly obtained, in the ACP States or in the Community, or in the overseas countries and territories defined in Annex III, hereafter referred to as the OCT:

COUNCIL DECISION of 13 July 1998 on financing the fixed costs of the system of managing technical assistance for the African, Caribbean and Pacific (ACP) States and the overseas countries and territories (OCT)

This decision will set at EUR 175 million the amount of the 9th EDF for financial assistance to the Overseas Countries and Territories (hereafter referred to as "the OCT") to which Part Four of the Treaty applies.

Commission Regulation (EEC) No 999/90 of 20 April 1990 laying down detailed rules for imports of rice originating in the African, Caribbean and Pacific States (ACP) and the overseas countries and territories (OCT) (12);

This Regulation lays down the detailed implementing rules for imports of rice originating in the ACP States or in the overseas countries and territories (OCT) pursuant to Article 6(5) of Annex III to Council Decision 2001/822/EC(5)."

COMMISSION REGULATION (EC) No 1595/98 of 23 July 1998 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT) and laying down specific detailed rules on the partial reimbursement of import duties levied on rice originating in the ACP countries

COMMISSION REGULATION (EC) No 1024/1999 of 18 May 1999 amending Regulation (EC) No 1595/98 amending Regulation (EC) No 2603/97 laying down the detailed implementing rules for imports of rice originating in the ACP countries or the overseas countries and territories (OCT) and laying down specific detailed rules on the partial reimbursement of import duties levied on rice originating in the ACP countries

Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community, hereinafter called the "OCT Decision"(4), and in particular the seventh subparagraph of Article 6(5) of Annex III thereto,

On 16 April 2002, the United Kingdom submitted a request for a derogation under Article 37 of Annex III to Decision 2001/822/EC from the rule of origin laid down in Article 3(2)(d) of that Annex, which requires, in case of fishery products taken from the sea outside the relevant territorial waters by vessels and factory ships from the overseas countries and territories, hereinafter referred to as "OCT", that at least 50 % of the crew, master and officers included, must be OCT, Member State or ACP nationals.

The provision for the fees charged by the Bank to manage the Investment Facility and the interest rate subsidies including the resources reserved for the Overseas Countries and Territories (hereafter referred to as the "OCT", shall be equivalent to a maximum of 10 % over five years of EUR 2200 million.

Whereas the representatives of the Governments of the Member States meeting within the Council, agreed to set at ECU 165 million the amount of aid from the European Development Fund for the overseas countries and territories to which part four of the Treaty applies (hereinafter referred to as 'the OCT`);