2001/657/EC: Commission Decision of 6 August 2001 derogating from the definition of the concept of "originating products" to take account of the special situation of Saint Pierre and Miquelon with regard to frozen fillets of cod, redfish, plaice and halibut of CN code 030420 (Text with EEA relevance) (notified under document number C(2001) 2462)
Date: 2001-08-06
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, customs regulations, derogation from EU law, frozen product, originating product, sea fish

29.8.2001

EN

Official Journal of the European Communities

L 231/13

COMMISSION DECISION

of 6 August 2001

derogating from the definition of the concept of ‘originating products’ to take account of the
special situation of Saint Pierre and Miquelon with regard to frozen fillets of cod, redfish, plaice
and halibut of CN code 0304 20

(notified under document number C(2001) 2462)

(Text with EEA relevance)

(2001/657/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 91/482/EEC of 25 July
1991 on the association of the overseas countries and terri-
tories with the European Economic Community (1), as last
amended by Decision 2001/161/EC (2), and in particular Article
30(8)(a) of Annex II thereof,

Whereas:

(1)

(2)

(3)

(4)

to Decision 91/482/EEC
Article 30 of Annex II
concerning the definition of the concept of ‘originating
products’ and methods of administrative cooperation
provides that derogations from the rules of origin may
be adopted where the development of existing industries
or the creation of new industries in a country or terri-
tory justifies them.

On 18 May 2001 the French Government has requested
a derogation from the rule of origin in the Annex II to
Decision 91/482/EEC, in respect of an annual quantity
of 1 100 tonnes of frozen fillets of cod, 60 tonnes of
frozen fillets of redfish, 11 tonnes of frozen fillets of
plaice and 119 tonnes of
frozen fillets of halibut,
exported from Saint Pierre and Miquelon during a period
of five years.

The French Government has based its request on the
current shortfall in the sources of supply of other origin-
ating fish.

The requested derogation is justified under the terms of
the provisions concerned in Article 30 of Annex II to
Decision 91/482/EEC, notably with regard to the
substantial nature of the processing carried out in Saint
Pierre and Miquelon, because the derogation is essential
for the preservation of the processing plant in question
which employs large numbers and because there would
be no serious injury to an established Community
industry, provided that certain conditions relating to
quantities, surveillance and duration are respected.

(5)

Since the validity of Decision 91/482/EEC was extended
until 1 December 2001 by Decision 2001/161/EC, an
appropriate provision should be included to ensure the

(1) OJ L 263, 19.9.1991, p. 1.
(2) OJ L 58, 28.2.2001, p. 21.

validity of the derogation beyond 1 December 2001, in
case a new decision on the association of the overseas
countries and territories with the Community is adopted
before that date or in case the validity of Decision
91/482/EEC is further extended.

(6)

The measures provided for in this Decision are in
accordance with the opinion of
the Customs Code
Committee,

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from the provisions of Annex II to
Decision 91/482/EEC, frozen fillets of cod, redfish, plaice and
halibut falling within CN code ex 0304 20 processed in Saint
Pierre and Miquelon from non-originating fish shall be
regarded as originating in Saint Pierre and Miquelon in accord-
ance with the terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
quantities shown in the Annex to this Decision which are
imported into the Community from Saint Pierre and Miquelon
during the period of 1 September 2001 to 31 August 2006.

Article 3

The quantities referred to in the Annex shall be managed by
the Commission, which shall take all administrative action it
deems advisable for their efficient management.

Where an importer presents, in a Member State, a declaration
of entry for free circulation, including an application for the
benefit of this Decision, the Member State shall, if the declara-
tion has been accepted by the customs authorities, notify the
Commission of its wish to draw the amount corresponding to
its requirements.

Applications to draw, showing the date of acceptance of
declarations, shall be transmitted to the Commission without
delay.

L 231/14

EN

Official Journal of the European Communities

29.8.2001

Withdrawals shall be granted by the Commission in order of
date of acceptance of declarations of entry for free circulation
by the Member States' customs authorities, provided that the
available balance permits.

If a Member State fails to use a withdrawal it shall return it, as
soon as possible, to the appropriate quota.

If requests exceed the available balance of a given quota, quant-
ities shall be allocated on a pro rata basis. The Commission
shall inform the Member States of withdrawal on the quotas.

Each Member State shall ensure that importers have continuous
and equal access to the amounts available as long as the
balance permits.

Article 4

The customs authorities of Saint Pierce and Miquelon shall take
the necessary steps to carry out quantitative checks on exports
of the products referred to in Article 1. To that end, all the
certificates they issue pursuant to this Decision shall bear a
reference to it. The competent authorities of Saint Pierre and
Miquelon shall forward to the Commission every three months
a statement of the quantities in respect of which movement
certificates EUR. 1 have been issued pursuant to this Decision
and the serial numbers of those certificates.

— Excepción — Decisión no …
— Undtagelse — afgørelse nr. …
— Abweichung — Beschluss Nr …
— Παρέκκλιση — Απόφαση αριθ. …
— Derogation — Decision No …
— Dérogation — Décision no …
— Deroga — decisione n. …
— Afwĳking — Besluit nr. …
— Derrogação — Decisão n.o …
— Poikkeus — Päätös N:o …
— Undantag — beslut nr. …

indicating the number of this Decision.

Article 6

This Decision shall apply from 1 September to 30 November
2001.

However, if a new preferential regime replacing Decision 91/
482/EEC beyond that date is adopted,
this decision shall
continue to apply until the date of expiry of such new regime,
but in any case until 31 August 2006 at the latest.

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 6 August 2001.

Article 5

Box 7 of EUR. 1 certificates issued under this Decision shall
contain one of the following phrases:

For the Commission

Frederik BOLKESTEIN

Member of the Commission

29.8.2001

EN

Official Journal of the European Communities

L 231/15

ANNEX

Saint Pierre and Miquelon

Order No

CN code

Description of goods

Period

09.1651

ex 0304 20

Fillets of cod, frozen

1.9.2001 to 31.8.2002

1.9.2002 to 31.8.2003

1.9.2003 to 31.8.2004

1.9.2004 to 31.8.2005

1.9.2005 to 31.8.2006

09.1652

ex 0304 20

Fillets of redfish, frozen

1.9.2001 to 31.8.2002

1.9.2002 to 31.8.2003

1.9.2003 to 31.8.2004

1.9.2004 to 31.8.2005

1.9.2005 to 31.8.2006

09.1656

ex 0304 20

Fillets of plaice, frozen

1.9.2001 to 31.8.2002

1.9.2002 to 31.8.2003

1.9.2003 to 31.8.2004

1.9.2004 to 31.8.2005

1.9.2005 to 31.8.2006

09.1659

ex 0304 20

Fillets of halibut, frozen

1.9.2001 to 31.8.2002

1.9.2002 to 31.8.2003

1.9.2003 to 31.8.2004

1.9.2004 to 31.8.2005

1.9.2005 to 31.8.2006

Quantities
(in tonnes)

1 100

1 100

1 100

1 100

1 100

60

60

60

60

60

11

11

11

11

11

119

119

119

119

119