2001/936/EC: Commission Decision of 28 December 2001 derogating from Council Decision 2001/822/EC, as regards the rules of origin for prepared and preserved shrimps and prawns from Greenland (notified under document number C(2001) 4648)
Date: 2001-12-28
Institutions: European Commission
Subjects: Greenland, crustacean, derogation from EU law, food preserving, originating product, prepared foodstuff

29.12.2001

EN

Official Journal of the European Communities

L 345/91

COMMISSION

COMMISSION DECISION

of 28 December 2001

derogating from Council Decision 2001/822/EC, as regards the rules of origin for prepared and
preserved shrimps and prawns from Greenland

(notified under document number C(2001) 4648)

(2001/936/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty establishing the European
Community,

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 (1), and in partic-
ular Article 37(8)(a) of Annex III thereto,

Whereas:

(1)

(2)

On 28 September 2001 Greenland requested a deroga-
tion from the rules of origin set out in Annex II to
Council Decision 91/482/EEC (2) in respect of an annual
quantity of 2 100 tonnes of prepared and preserved
shrimps and prawns of the species Pandalus borealis, to
be exported from Greenland over a period of five years.

Greenland based its request on the fact
that during
certain periods of the year there is a shortfall in supplies
of originating shrimps and prawns.

(3) With effect

from 2 December 2001, Decision 91/
482/EEC, was repealed and replaced by Decision 2001/
822/EC.

(4)

(5)

(6)

Article 37 of Annex III
to Decision 2001/822/EC
concerning the definition of the concept of ‘originating
products’ and methods of administrative cooperation
provides that derogations from the rules of origin may
be permitted where justified by the development of
existing industries or the creation of new industries in a
country or territory.

Article 37 of Annex III to Decision 2001/822/EC repro-
duces,
the provisions of Article 30 of
Annex II to Decision 91/482/EEC.

in substance,

therefore appropriate to examine Greenland's
to
in the light of Article 37 of Annex III

is
It
request
Decision 2001/822/EC.

(1) OJ L 314, 30.11.2001, p. 1.
(2) OJ L 263, 19.3.1991, p. 1.

The requested derogation is justified under Annex III to
Decision 2001/822/EC and, specifically, under Article
37(7) thereof, in so far as the value added to the non-
originating products used in Greenland would be above
45 % of the value of the finished product and since there
would be no serious injury to an economic sector of the
Community or of one or more Member States, provided
that certain conditions relating to quantities, surveillance
and duration were respected.

(8)

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 III to
Decision 2001/822/EC, prepared and preserved shrimps and
prawns of the species Pandalus borealis falling within CN code
ex 1605 20, processed in Greenland from non-originating
shrimps and prawns, shall be regarded as originating in Green-
land in accordance 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 Greenland during the
period of 1 January 2002 to 31 December 2006.

Article 3

1.
The quantities referred to in the Annex shall be managed
by the Commission, which shall take any administrative action
it deems advisable for their efficient management.

L 345/92

EN

Official Journal of the European Communities

29.12.2001

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

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

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.

issued pursuant to this Decision and the serial numbers of
those certificates.

Article 5

Box 7 of EUR.1 certificates issued under this Decision shall
contain one of the following references to this Decision:
— «Excepción — Decisión …»;
— »Undtagelse — Beslutning …«;
— „Abweichung — Entscheidung …“;
— «Παρέκκλιση — Απόφαση …»;
— ‘Derogation — Decision …’;
— «Dérogation — Décision …»;
— «Deroga — decisione …»;
— „Afwĳking — Beschikking …”;
— «Derrogação — Decisão …»;
— ”Poikkeus — Päätös …”;
— ”Undantag − beslut nr …”.

Article 6

This Decision shall apply from 1 January 2002 to 31
December 2006.

Article 7

Article 4

This Decision is addressed to the Member States.

The customs authorities of Greenland shall take the necessary
steps to carry out quantitative checks on exports of the prod-
ucts referred to in Article 1. To that end, all the certificates they
issue pursuant to this Decision shall bear a reference to it. The
forward to the
competent authorities of Greenland shall
Commission every three months a statement of the quantities
in respect of which movement certificates EUR.1 have been

Done at Brussels, 28 December 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

29.12.2001

EN

Official Journal of the European Communities

L 345/93

ANNEX

Greenland

Order No

CN code

Description of goods

Period

09.0691

ex 1605 20

Prepared or preserved shrimps
species
of
and
Pandalus borealis

prawns

the

1.1.2002 to 31.12.2002

1.1.2003 to 31.12.2003

1.1.2004 to 31.12.2004

1.1.2005 to 31.12.2005

1.1.2006 to 31.12.2006

Quantities
(in tonnes)

2 100

2 100

2 100

2 100

2 100