2002/644/EC: Commission Decision of 29 July 2002 derogating from Council Decision 2001/822/EC as regards the rules of origin for fishery products from the Falkland Islands (notified under document number C(2002) 2865)
Date: 2002-07-29
Institutions: European Commission
Subjects: Falkland Islands, derogation from EU law, export monitoring, fishery management, fishery product, frozen product, tariff quota

L 211/16

EN

Official Journal of the European Communities

7.8.2002

COMMISSION DECISION

of 29 July 2002

derogating from Council Decision 2001/822/EC as regards the rules of origin for fishery products
from the Falkland Islands

(notified under document number C(2002) 2865)

(2002/644/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 of Annex III thereto,

Whereas:

(1)

(2)

(3)

On 16 April 2002, the United Kingdom submitted a
request for a derogation under Article 37 of Annex III to
Decision 2001/822/EC from the rule of origin laid down
in Article 3(2)(d) of that Annex, which requires, in case
of fishery products taken from the sea outside the rele-
vant territorial waters by vessels and factory ships from
the overseas countries and territories, hereinafter referred
to as ‘OCT’, that at least 50 % of the crew, master and
officers included, must be OCT, Member State or ACP
nationals.

The request for a derogation concerned four different
categories of fishery products, to be exported from the
Falkland Islands over a period of five years, namely, an
annual quantity of 10 320 tonnes of various species of
frozen fish, 7 100 tonnes of various species of frozen
fish fillets, 57 800 tonnes of frozen Loligo squid and
47 200 tonnes of frozen Illex squid.

The United Kingdom based its request on the fact that
for frozen fish, frozen fish fillets and Loligo squid, it is
becoming increasingly difficult for the Falkland Islands
to recruit crews for their fishing vessels and factory ships
from the OCT, the Community or the ACP States. As
regards Illex squid, the United Kingdom indicates that
not all specific fishing expertise required is currently
available from crew from the OCT, the Community or
the ACP States. The lack of crew from the OCT, the
Community or the ACP States, stems in particular from
the specific geographical situation of the Falkland Islands
and cannot be remedied by increasing the presence of
Community fishing fleets in the Falkland area.

(1) OJ L 314, 30.11.2001, p. 1.

(5)

(6)

(7)

(8)

(9)

regards

frozen fish and frozen fish fillets,

the
As
requested derogation is justified under Annex III
to
Decision 2001/822/EC and, specifically, under Article
37(1) thereof, and would not cause serious injury to an
established Community industry, provided that the rele-
vant fish species are clearly specified, that at least 25 %
of the crew are OCT, Member State or ACP nationals,
and that certain conditions relating to quantities, surveil-
lance and duration are respected.

As regards Loligo squid, the requested derogation is justi-
fied under Annex III
to Decision 2001/822/EC and,
specifically, under Article 37(1) thereof, and, limited in
quantities, would not cause serious injury to an estab-
lished Community industry, provided that at least 25 %
of the crew are OCT, Member State or ACP nationals.
However,
relating to quantities,
surveillance and duration should be respected.

certain conditions

As regards frozen Illex squid, the requested derogation is
justified under Annex III to Decision 2001/822/EC and,
specifically, under Article 37(1)
thereof, and should
allow the Falkland Islands to build up progressively the
capacity and specific expertise required for this type of
fishing. The derogation, limited in quantities, would not
cause serious
injury to an established Community
industry, provided that certain conditions relating to
quantities, surveillance and duration were respected.

Granting a derogation would also contribute to support
and possibly deepen the long-standing cooperation and
joint ventures between Falkland and Community compa-
nies, with a positive effect on economic activities and
employment in both regions.

A derogation should be granted with due regard to
specific problems, which the Falkland Islands are facing
at this juncture, so as to enable the Falkland Islands to
satisfy as far as possible all rules of origin laid down in
Article 3(2) of Annex III to Decision 2001/822/EC by
stages.

legal

framework of

The current
the Falkland Islands
maritime registry and its monitoring by the concerned
authorities prevent the risk of unfair competition prac-
tices associated with flags of convenience which might
cause a prejudice to a Community industry.

7.8.2002

EN

Official Journal of the European Communities

L 211/17

(10)

The derogation should not prejudice any measures
adopted at international level for the management and
conservation of certain fish stocks.

Decision 2001/822/EC and of which at least 25 % of the crew,
master and officers included, are OCT, Member State or ACP
nationals.

(11) Accordingly, a derogation should be granted to the Falk-
land Islands in respect of certain fishery products and for
limited quantities for the period from 1 September 2002
to 31 August 2007.

(12)

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (1), as last amended by Regu-
lation (EC) No 444/2002 (2),
lays down rules for the
tariff quotas. Those rules should be
management of
applied mutatis mutandis
the
quantities in respect of which the derogation in question
is granted.

to the management of

(13)

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

HAS ADOPTED THIS DECISION:

Article 1

1.
By way of derogation from Annex III to Decision 2001/
822/EC, the fishery products referred to in this Decision taken
from the sea outside the territorial waters shall be regarded as
originating in the Falkland Islands under the conditions set out
in this Decision.

2.
The derogation shall apply to the quantities set out in the
Annexes which are imported into the Community from the
Falkland Islands from 1 September 2002 to 31 August 2007.

3.
The derogation shall not prejudice any measures adopted
in the framework of the Convention for the Conservation of
Antarctic Marine Living Resources (CCAMLR).

Article 2

1.

The derogation provided for in Article 1 shall apply to:

(a) frozen fish falling within CN heading 0303 of the species
specified in Annex I and within the annual quantities set
out in that Annex;

(b) fish fillets falling within CN heading 0304 of the species
specified in Annex II and within the annual quantities set
out in that Annex;

(c) frozen squid of the specie Loligo gahi (Loligo patagonica)
falling within CN code 0307 49 35 and within the annual
quantity set out in Annex III.

The derogation provided for in paragraph 1 shall apply to
2.
fish taken from the sea by vessels or factory ships that meet the
to
conditions of Article 3(2)(a),

(b) and (c) of Annex III

Article 3

The derogation provided for in Article 1 shall apply to
Illex falling within CN code
in

1.
frozen squid of
0307 99 11 and within the annual quantities set out
Annex IV.

the genus

2.
The derogation provided for in paragraph 1 shall apply to
fish taken from the sea by vessels or factory ships that meet the
to
conditions of Article 3(2)(a),
Decision 2001/822/EC.

(b) and (c) of Annex III

Article 4

Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93
concerning the management of tariff quotas shall apply mutatis
mutandis to the management of the quantities set out in the
Annexes.

Article 5

The customs authorities of the Falkland Islands shall take
1.
the necessary steps to carry out quantitative checks on exports
of the products referred to in Articles 2 and 3. To that end, all
the certificates they issue pursuant to this Decision shall bear a
reference to it.

The customs authorities of

2.
the Falkland Islands shall
forward to the Commission every three months a statement of
the quantities in respect of which movement certificates EUR.1
to this Decision and the serial
have been issued pursuant
numbers of those certificates.

Article 6

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

‘— Excepción — Decisión …
— Undtagelse — Beslutning …
— Ausnahme — Entscheidung …
— Παρέκκλιση — Απόφαση …
— Derogation — Decision …
— Dérogation — Décision …
— Deroga — decisione …
— Afwijking — Beschikking …
— Derrogação — Decisão …
— Poikkeus — päätös …
— Undantag – beslut …’

Article 7

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 68, 12.3.2002, p. 11.

This Decision shall apply from 1 September 2002 to 31
August 2007.

L 211/18

EN

Official Journal of the European Communities

7.8.2002

This Decision is addressed to the Member States.

Article 8

Done at Brussels, 29 July 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

7.8.2002

EN

Official Journal of the European Communities

L 211/19

Species of frozen fish falling within CN heading 0303 covered by the derogation

ANNEX I

Order No

CN code

TARIC
subheading

Description of goods

09.1901

0303 78 12

0303 78 13

09.1902

0303 79 85

09.1903

0303 79 88

09.1904

0303 79 93

09.1905

0303 79 98

09.1906

ex 0303

00

00

00

00

00

30

—

Annual
quantities
(in tonnes)

782

Argentine hake (Southwest Atlantic hake) (Merluccius
hubbsi), frozen
Southern hake (Merluccius australis), frozen

Southern blue whiting (Micromesistius australis), frozen

3 663

Patagonian toothfish (Dissostichus eleginoides), frozen

Pink cusk-eel (Genypterus blocades), frozen

Patagonian rockcod (Solilota australis) and Patagonian
grenadier (Macruronus magellanicus), frozen

Fish, frozen, excluding fish fillets and other fish meat of
heading 0304, other than Argentine hake (Southwest
(Merluccius hubbsi), Southern hake
Atlantic hake)
(Merluccius australis), Southern blue whiting (Micromesis-
tius australis), Patagonian toothfish (Dissostichus elegi-
noides), Pink cusk-eel (Genypterus blocades), Patagonian
rockcod (Solilota australis) and Patagonian grenadier
(Macruronus magellanicus)

890

513

3 790

686

Species of fish fillets falling within CN heading 0304 covered by the derogation

ANNEX II

Order No

CN code

TARIC
subheading

Description of goods

09.1907

0304 20 56

0304 20 58

09.1908

0304 20 88

09.1909

0304 20 95

00

00

00

40

09.1910

0304 20 95

70

09.1911

ex 0304 20

—

Frozen fillets of argentine hake (Southwest Atlantic
hake) (Merluccius hubbsi) and
frozen fillets of other hake of the genus Merluccius

Frozen fillets of Patagonian toothfish (Dissostichus elegi-
noides)

Frozen fillets of
(Macruronus magellanicus)
(Solilota australis)

the species Patagonian grenadier
and Patagonian rockcod

Frozen fillets of southern blue whiting (Micromesistius
australis), of pink cusk-eel (Genypterus blocades) and of
skate and rays (Rajidae spp.)

Fish fillets, frozen, other than of argentine hake (South-
west Atlantic hake) (Merluccius hubbsi), of other hake of
the genus Merluccius, of Patagonian toothfish (Dissosti-
chus eleginoides), of the species Patagonian grenadier
(Macruronus magellanicus)
and Patagonian rockcod
(Solilota australis), of southern blue whiting (Micromesis-
tius australis), of pink cusk-eel (Genypterus blocades) and
of skate and rays (Rajidae spp.)

Annual
quantities
(in tonnes)

469

59

3 917

2 116

503

L 211/20

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Official Journal of the European Communities

7.8.2002

ANNEX III

Frozen squid of the specie Loligo Patagonica covered by the derogation

Order No

CN code

TARIC
subhead

Description of goods

Annual
quantity
(in tonnes)

09.1912

0307 49 35

00

Frozen squid of the specie Loligo Patagonica (Loligo gahi)

34 600

ANNEX IV

Frozen squid of the genus Illex covered by the derogation

Order No

CN code

TARIC
subheading

Description of goods

Period

09.1913

0307 99 11

00

Frozen squid of the genus Illex

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

1.9.2006 to
31.8.2007

Quantities
(in tonnes)

15 000

25 000

35 000

40 000

40 000