2005/335/EC: Commission Decision of 25 April 2005 amending Decision 2001/657/EC extending the derogation to include fillets of salt cod and whole salt cod (notified under document number C(2005) 1256)
Date: 2005-04-25
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, derogation from EU law, fishery product, originating product, salted product

L 107/26

EN

Official Journal of the European Union

28.4.2005

COMMISSION

COMMISSION DECISION

of 25 April 2005

amending Decision 2001/657/EC extending the derogation to include fillets of salt cod and whole
salt cod

(notified under document number C(2005) 1256)

(2005/335/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 (Overseas Asso-
ciation Decision) (1), and in particular Article 37(9)(c) of Annex
III thereto,

Whereas:

(1)

(2)

(3)

(4)

By way of Decision 2001/657/EC (2), a derogation was
granted to Saint Pierre and Miquelon from the definition
of the concept of originating products to take account of
its special situation with regard to frozen fillets of cod,
redfish, plaice and halibut of CN code 0304 20.

the French Government has
On 20 January 2005,
requested an amendment to Decision 2001/657/EC in
order to obtain an extension of the scope of the dero-
gation granted in respect of frozen fillets of cod of CN
code ex 0304 20,
to fillets of salt cod of CN code
ex 0305 30 and whole salt cod of CN code 0305 62.

The French Government has based its request on a read-
justment in the sales strategy of a local industry towards
European markets.

The requested derogation is justified under the terms of
the provisions concerned in paragraph 1 of Article 37 of
Annex III to the Council Decision 2001/822/EC as it is
vital to preserving a seafood-processing industry and the
associated jobs.

(5)

(6)

(7)

The requested amendment would not alter the global
annual quantity granted for cod, nor would it alter the
duration of the derogation and would consequently not
cause
injury to an established Community
industry.

serious

Therefore, the Decision 2001/657/EC should be amended
accordingly.

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Customs Code

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/657/EC is amended in accordance
with the Annex to this Decision.

Article 2

This Decision shall apply from 1 May 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 April 2005.

For the Commission

László KOVÁCS
Member of the Commission

(1) OJ L 314, 30.11.2001, p. 1.
(2) OJ L 231, 29.8.2001, p. 13.

28.4.2005

EN

Official Journal of the European Union

L 107/27

The Annex to Decision 2001/657/EC is replaced by the following:

ANNEX

‘ANNEX

SAINT PIERRE AND MIQUELON

Order No

CN code

Description of goods

Period

09.1651

ex 0304 20
ex 0305 30
0305 62

Fillets of cod, frozen
Fillets of cod, salted
Whole cod, salted

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
(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’