2005/578/: Commission Decision of 27 July 2005 derogating from Council Decision 2001/822/EC as regards the rules of origin for meat of scallops of the genus Placopecten magellanicus from Saint Pierre and Miquelon (notified under document number C(2005) 2819)
Date: 2005-07-27
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, association agreement (EU), derogation from EU law, mollusc, originating product

28.7.2005

EN

Official Journal of the European Union

L 197/31

COMMISSION

COMMISSION DECISION

of 27 July 2005

derogating from Council Decision 2001/822/EC as regards the rules of origin for meat of scallops of
the genus Placopecten magellanicus from Saint Pierre and Miquelon

(notified under document number C(2005) 2819)

(2005/578/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

to an established industry of the Community or one or
more of the Member States.

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 (1), and in
particular Article 37 of Annex III thereto,

Whereas:

(1)

(2)

(3)

On 27 April 2005 Saint Pierre and Miquelon requested a
seven-year derogation from the rules of origin set out in
Annex III to Decision 2001/822/EC in respect of an
annual quantity of 250 tonnes of
fresh and frozen
meat of scallops of the genus Placopecten magellanicus,
exported from Saint Pierre and Miquelon.

Saint Pierre and Miquelon based its request on the delays
in getting scallop farming under way in Miquelon Bay
and the fact that local scallop production remains largely
based on spat imported from Canada. The spat, shell-on
scallops and scallop meat imported from Canada will
provisionally replace the supply of raw scallops that
the local processing industry currently lacks.

The requested derogation is justified under Annex III to
Decision 2001/822/EC, and in particular Article 37(1)
thereof, especially as regards the development of an
existing industry in Saint Pierre and Miquelon. The dero-
gation is essential for the preservation of the activity of
in question, which employs a significant
the plant
number of people. Subject to compliance with certain
conditions
and
duration, the derogation would not cause serious injury

to quantities,

surveillance

relating

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

(4)

(5)

(6)

(7)

A derogation should therefore be granted in respect of
certain quantities of meat of scallops of the genus Placo-
pecten magellanicus processed in Saint Pierre and Miquelon
and imported into the Community.

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 (2)
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.

In view of
the expiry of Decision 2001/822/EC on
31 December 2011, provision should be made to
ensure the derogation’s validity beyond that date if a
the
new decision is adopted on the association of
overseas countries and territories with the European
Community or if Decision 2001/822/EC is extended.

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Customs Code

HAS ADOPTED THIS DECISION:

Article 1

By way of derogation from Annex III to Decision 2001/822/EC,
fresh and frozen meat of scallops of the genus Placopecten magel-
lanicus falling with CN code 0307 and described in the Annex
which are processed in Saint Pierre and Miquelon shall be
regarded as originating in Saint Pierre and Miquelon where
they are obtained from non-originating spat, shell-on scallops
and scallop meat, in accordance with the terms of this Decision.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

L 197/32

EN

Official Journal of the European Union

28.7.2005

Article 2

Article 5

The derogation provided for in Article 1 shall apply to the
quantities shown in the Annex which are imported into the
Community from Saint Pierre and Miquelon during the period
from 1 August 2005 to 31 July 2012.

Box 7 of EUR 1 certificates issued under this Decision shall
contain one of the following phrases:
— ‘Derogation — Commission Decision 2005/578/EC’,
— ‘Dérogation — Décision 2005/578/CE de la Commission’.

Article 3

Article 6

Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93
relating to the management of tariff quotas shall 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.

2.
The competent authorities of Saint Pierre and Miquelon
forward to the Commission every three months a
shall
statement of the quantities in respect of which movement certi-
ficates EUR 1 have been issued pursuant to this Decision and
the serial numbers of those certificates.

This Decision shall apply from 1 August 2005 to 31 December
2011.

In the event of the adoption of a new preferential scheme
replacing Decision 2001/822/EC beyond 31 December 2011,
this Decision shall continue to apply until the date of expiry of
this new scheme, though not beyond 31 July 2012.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 27 July 2005.

For the Commission

László KOVÁCS
Member of the Commission

28.7.2005

EN

Official Journal of the European Union

L 197/33

ANNEX

Quantities imported from Saint Pierre and Miquelon

Order No

CN code

TARIC
subdivision

Description of goods

Period

Quantities
(tonnes)

09.1643

0307 21 00
0307 29 90

20
10

Fresh and frozen meat of scallops
the genus Placopecten magel-
of
lanicus

from 1.8.2005 to
31.7.2006

from 1.8.2006 to
31.7.2007

from 1.8.2007 to
31.7.2008

from 1.8.2008 to
31.7.2009

from 1.8.2009 to
31.7.2010

from 1.8.2010 to
31.7.2011

from 1.8.2011 to
31.7.2012

250

250

250

250

250

250

250