30. 3. 90 Official Journal of the European Communities No L 84/85 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) 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 3033/30 of 11 November 1980 laying down the trade arrangements applicable te certain goods resulting from the processing of agricultural products (!), as last- amended by Regulation (EEC) No 3743/87 (*), and in- particular Article 12 thereof, Having regard to the proposal from the Commission (%), Having regard to the opinion of the European Parliament (%), Whereas the Fourth ACP-EEC Convention, hereinafter referred to as the ‘Convention’ was signed at Lomé on 15 December 1989; Whereas Article 168 (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 implemen- tation 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) those products shall be imported. free of customs duties for which Community provisions in force at the. time of import do not provide, apart from customs duties, for the application of any measure relating to their import; (") OJ No L 323, 29. 11. 1980, p. 1. () OJ No L 352, 15. 12. 1989, p. 29. () OJ No C 44, 24. 2. 1990, p. 16. (*) O] No C 68, 19. 3. 1990. (ii)_for products other than those referred to under (i), the Community shall take the necessary measures to ensure more favourable treatment than that- granted to third countries benefiting from = the most- favoured-nation clause for the same products; Whereas Article 168 (2) (d) of the Convention lays down that the arrangements referred to under-point (a) of that paragraph shall enter into force at the same time as the Convention and shall remain applicable for its duration; Whereas it has-been agreed to apply the ‘arrangements on trade in agricultural products and foodstuffs set out in ‘Article 168 (2) (a) of the Convention to the ACP States signatories to the Convention as from 1 March 1990, 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 term ‘import duties’ shall be interpreted in accordance with Article 1 (2) (a) of Council Regulation (EEC) No 918/83 “of 28 March 1983 setting-up a-Community system of reliefs from -customs. duties (*) as last amended by Regulation (EEC) No 4235/88 (*); Whereas, on the one hand, these trade arrangements provide for the application of customs duties only on the import of a number of products; whereas, on the other hand, they involve the application of customs duties and/or import levies especially on certain kinds of meat and 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- application of customs- duties and other measures in respect of imports of fishery products, . certain fruit and vegetablés, and oils and fats; whereas the obligations of the Community towards the ACP States under Article 168 (2) (a) of the 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; (*) OJ No L 105, 23. 4. 1983, p. 1. () OJ No L 273, 31. 12. 1988, p. 1.