Derogations. 1. Derogations from this agreement may be adopted by the Joint Committee where the development of existing industries or the creation of new industries in member parties justifies them. 2. In order to facilitate the examination of the request by means of the form given in Annex VII to this Protocol, the member party shall furnish in support of its request the fullest possible information covering in particular the points listed below: - description of the finished product, - nature and quantity of materials originating in a third country, - nature and quantity of materials originating in a member party, the EC, or from an OCT which have been processed there, - manufacturing processes, - value added, - number of employees in the enterprise concerned, - anticipated volume of exports, - other possible sources of supply for raw materials - reasons for the duration requested in the light of efforts made to find new sources of supply, - other observations. The same rules shall apply to any requests for extension. The joint Committee may modify the form. 3. The examination of requests shall in particular take into account: (a) the level of development; (b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry to continue its exports to either member parties, (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 realization of the investment program would enable these rules to be satisfied by stages. 4. In every case an examination shall be made to ascertain whether the rules relating to cumulation of origin do not provide a solution to the problem. 5. In examining a request for derogation from Mauritius, Turkey shall carry out its investigation with a favourable bias having regard to: (a) the economic and social impact of the decision to be taken especially in respect of employment; (b) the need to apply the derogation for a period taking into account the particular situation of Mauritius and its difficulties. 6. In the examination of requests, special account shall be taken, case by case, 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 Mauritius has special relations. 7. Without prejudice to paragraphs 1 to 6, the derogation shall be granted where the value added to the non-originating products used in Mauritius concerned is at least (25%) of the value of the finished product, provided that the derogation is not such as to cause serious injury to an economic sector of in Turkey . (a) Notwithstanding paragraphs 1 to 7, derogations concerning preserved tuna and tuna loins shall be granted within an annual quota of 3.000 tonnes for preserved tuna and tuna loins Notwithstanding paragraphs 1 to 7, derogations concerning fish fillets and other fish meat (heading 0304) shall be granted within an annual quota of 2.000 tonnes. Applications for such derogations shall be submitted by Mauritius in accordance with the above-mentioned quota to Turkey, which shall grant them automatically and put them into force.
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Sources: Protocol Concerning the Definition of the Concept of 'Originating Products' and Methods of Administrative Cooperation, Protocol Concerning the Definition of the Concept of 'Originating Products' and Methods of Administrative Cooperation, Protocol Concerning the Definition of the Concept of 'Originating Products' and Methods of Administrative Cooperation