2003/673/EC: Commission Decision of 25 September 2003 derogating from Council Decision 2001/822/EC, as regards the rules of origin for lobsters in pieces from Saint Pierre and Miquelon (notified under document number C(2003) 3335)
Date: 2003-09-25
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, crustacean, derogation from EU law, originating product

L 243/106

EN

Official Journal of the European Union

27.9.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 25 September 2003

derogating from Council Decision 2001/822/EC, as regards the rules of origin for lobsters in pieces
from Saint Pierre and Miquelon

(notified under document number C(2003) 3335)

(2003/673/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 parti-
cular Article 37 of Annex III thereto,

Whereas:

(1)

(2)

(3)

On 19 June 2003, Saint Pierre and Miquelon requested a
derogation for five years from the rules of origin set out
in Annex III to Decision 2001/822/EC in respect of an
annual quantity of 105 tonnes of cooked and frozen
lobster tails, legs and claws, exported from Saint Pierre
and Miquelon.

Saint Pierre and Miquelon based its request on the disap-
pearance of its raw material, the originating snow crab,
whose population has moved out of its territorial waters.
The processing of non-originating live lobsters into
cooked and frozen tails, legs and claws will replace the
production chain of the snow crab, which the company
concerned cannot procure.

The requested derogation is justified under Annex III to
Decision 2001/822/EC and, specifically, under Article
37(1) thereof, in particular as regards the development
of an existing industry in Saint Pierre and Miquelon. The
derogation is essential for the preservation of the activity
of the plant in question, which employs a significant

number of people. Subject to compliance with certain
conditions relating to quantities, surveillance and dura-
tion, the derogation would not cause serious injury to an
established industry of the Community or one or more
of the Member States.

Accordingly, a derogation should be granted in respect
of certain quantities of cooked and frozen lobster tails,
legs and claws processed in Saint Pierre and Miquelon
and imported into the Community.

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down the provisions for the application of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (2), as last amended by Regu-
lation (EC) No 1335/2003 (3),
lays down rules for the
management of
tariff quotas. Those rules should be
applied mutatis mutandis to the management of the quan-
tities in respect of which the derogation in question is
granted.

Saint Pierre and Miquelon requested that the derogation
apply from 1 September 2003. However, given the date
on which Saint Pierre and Miquelon submitted its
request and the length of the decision process, the dero-
gation cannot be adopted before 1 September. As a
result, it will apply from 1 October 2003.

(4)

(5)

(6)

(7)

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

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

(2) OJ L 253, 11.10.1993, p. 1.
(3) OJ L 187, 26.7.2003, p. 16.

27.9.2003

EN

Official Journal of the European Union

L 243/107

HAS ADOPTED THIS DECISION:

Article 5

Article 1

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

By way of derogation from the provisions of Annex III to Deci-
legs and
sion 2001/822/EC, cooked and frozen lobster tails,
claws covered by CN code ex 0306 12 90 which are processed
in Saint Pierre and Miquelon are regarded as originating in
Saint Pierre and Miquelon where they are obtained from non-
originating lobsters,
this
Decision.

in accordance with the terms of

Article 2

The derogation provided for in Article 1 applies to the quanti-
ties shown in the Annex which are imported into the Commu-
nity from Saint Pierre and Miquelon during the period from 1
October 2003 to 30 September 2008.

Article 3

Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93
relating to the management of
tariff quotas apply mutatis
mutandis to the management of the quantities referred to in the
Annex.

Article 4

1.
The customs authorities of Saint Pierre 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
2.
shall forward to the Commission every three months a state-
ment of the quantities in respect of which movement certifi-
cates EUR 1 have been issued pursuant to this Decision and
the serial numbers of those certificates.

— Excepción — Decisión …

— Undtagelse — Beslutning …

— Ausnahme — Entscheidung …
— Παρέκκλιση — Απόφαση …
— Derogation — Decision …

— Dérogation — Décision …

— Deroga — Decisione …

— Afwijking — Beschikking …

— Derrogação — Decisão …

— Poikkeus — päätös …

— Undantag – beslut …

Article 6

This Decision shall apply from 1 October 2003 to 30
September 2008.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 25 September 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

L 243/108

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Official Journal of the European Union

27.9.2003

ANNEX

Quantities imported from Saint Pierre and Miquelon

Order No

CN code

Description of goods

Period

09.1660

ex 0306 12 90

Frozen tails, legs and claws
of lobster (Homarus spp.)

1.10.2003 to 30.9.2004

1.10.2004 to 30.9.2005

1.10.2005 to 30.9.2006

1.10.2006 to 30.9.2007

1.10.2007 to 30.9.2008

(in tonnes)

Quantities

105

105

105

105

105

TIMETABLE

1. Recommended date

The proposal should be adopted as soon as possible.

2. Grounds for recommendation

Article 37(8) of Annex III to Council Decision 2001/822/EC lays down that a decision must be taken within 75
working days of receipt of the request for a derogation. Otherwise, the request shall be deemed to have been accepted
in full.

The deadline for this decision is 2 October 2003.