7. 6. 85 Official Journal of the European Communities No L 148/29 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 4 June 1985 amending Annex II to Decision 80/1186/EEC on the association of the overseas countries and territories with the European Economic Community (85/273/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in partlcular Article 136 thereof, Having regard to the draft Decision submitted by the Commission, Whereas Decision 80/1186/EEC ('), as last amended by Decision 85/159/EEC (3, continues to apply until the entry into force of new provisions applying the prin- ciples set out in Articles 131 to 135 of the Treaty and at the latest until 28 February 1986, without prejudice to more favourable provisions to be adopted by the Community in respect of imports of products from the overseas countries and territories ; Whereas it is laid down in Article 4 of Decision No 2/85 of the ACP-EEC Council of Ministers on transi- tional measures valid from 1 March 19885, brought into force in the Community by Regulation (EEC) No 485/85 (°), that the provisions concerning the proce- dure for derogating from the rules of origin, contained in Article 30 of Protocol 1 to the Third ACP-EEC Convention signed in Lomé on 8 December 1984 shall be applied in advance; whereas the effect of these provisions is to improve the derogation proce- dure ; : Whereas the same improvements should be intro- duced in the context of trade between the Community () OJ No L 361, 31. 12. 1980, p. 1 ) O] No L 61, 1. 3. 1985, p. 25. () OJ No L 61, 1. 3. 1985, p. 1. and the overseas countries and territories ; whereas to this end it is necessary to amend Annex II to Decision 80/1186/EEC, HAS DECIDED AS FOLLOWS: Article 1 Article 28 of Annex II to Decision 80/1186/EEC is hereby replaced by the following : ‘Article 28 1. Derogations from this Annex may be adopted by the Council where the development of ex1st1ng industries in a country or territory or the creation of new industries in a country or territory justifies them. The Member State concerned or, where appro- priate, the competent authority of the country or territory concerned, shall notify the Community of its request for a derogation together with the reasons for the request in accordance with Explanatory Note 10. 2. The examination of requests shall in parti- cular take into account: (a) the level of development or the geographical situation of the country or territory concerned ;