2007/167/EC: Commission Decision of 15 March 2007 derogating from the rules of origin set out in Council Decision 2001/822/EC as regards certain fishery products imported from Saint Pierre and Miquelon (notified under document number C(2007) 834) (Text with EEA relevance )
Date: 2007-03-15
Institutions: European Commission
Subjects: Saint Pierre and Miquelon, derogation from EU law, frozen product, originating product, processed foodstuff, salted product, sea fish

L 76/32

EN

Official Journal of the European Union

16.3.2007

COMMISSION DECISION

of 15 March 2007

derogating from the rules of origin set out in Council Decision 2001/822/EC as regards certain
fishery products imported from Saint Pierre and Miquelon

(notified under document number C(2007) 834)

(Text with EEA relevance)

(2007/167/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 of Annex III
thereto,

Whereas:

(1)

(2)

(3)

(4)

On 6 August 2001 the Commission adopted Decision
2001/657/EC derogating from the definition of
the
concept of ‘originating products’ to take account of the
special situation of Saint Pierre and Miquelon with regard
to frozen fillets of cod, redfish, plaice and halibut of CN
code 0304 20 (2). That derogation expired on 31 August
2006.

On 30 November 2006 Saint Pierre and Miquelon
requested a new derogation from the rules of origin set
out in Annex III to Decision 2001/822/EC for a period
of six years. This request covers a total annual quantity of
2 200 tonnes of frozen fish fillets, frozen gutted fish
without head,
fillets of salt cod, whole salt cod and
frozen fish meat (or minced blocks) originating in third
countries and processed in Saint Pierre and Miquelon for
export to the Community. The derogation was requested
not only for the fishery products which had been covered
by Decision 2001/657/EC, but also for other fishery
products
falling within CN headings 0303, 0304
and 0305.

(5)

(6)

Saint Pierre and Miquelon has based its request on the
continuing shortfall
in the sources of supply of other
originating fish.

(7)

A derogation should be granted from the rules of origin
to Decision 2001/822/EC for
set out
products falling within CN headings 0304 and 0305.

in Annex III

industry,

This derogation is justified under Article 37(1) and
in particular as regards
(5)(a) and (b) of that Annex,
the
the development of an existing local
economic and social impact and the particular situation
of Saint Pierre and Miquelon. As the derogation is being
granted for products which involve actual processing, it
will contribute to the development of an existing
industry. The derogation is essential for the preservation
of the activity of the plant in question, which employs a
significant number of permanent
staff and seasonal
workers. Use of
the derogation granted in 2001
remained extremely low (108 tonnes in 2003, 552
tonnes in 2004, 356 tonnes in 2005 and 491 tonnes
from January to November 2006). The derogation should
therefore be granted for the same total annual quantity as
covered by the derogation granted in 2001,
i.e. 1 290
tonnes. Moreover, the extension of the derogation to a
larger number of species than that covered by Decision
2001/657/EC will allow better use to be made of the
quantity benefiting from the derogation.

surveillance and duration,

Subject to compliance with certain conditions relating to
the derogation
quantities,
injury to an established
would not
industry of
the
Member States.

cause
the Community or one or more of

serious

It follows from the general scheme of Article 37 that a
derogation from the rules of origin set out in Annex III
to Decision 2001/822/EC may not be granted for
products falling within CN heading 0303. These do not
in fact contribute to the development of an existing
industry because they are the subject of packaging
operations, which are not in the nature of genuinely
industrial activities.

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 Common Customs Code (3) lays down rules for the
tariff quotas. Those rules should be
management of
applied mutatis mutandis
the
quantity in respect of which the derogation in question
is granted.

to the management of

(1) OJ L 314, 30.11.2001, p. 1.
(2) OJ L 231, 29.8.2001, p. 13. Decision as amended by Decision

2005/335/EC (OJ L 107, 28.4.2005, p. 26).

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

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

16.3.2007

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Official Journal of the European Union

L 76/33

(8)

(9)

As Decision 2001/822/EC expires on 31 December
2011,
it should be laid down that the derogation will
continue to apply after 31 December 2011 if a new
decision is adopted on the association of the 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

To that end, all
Decision shall bear a reference to it.

the certificates they issue pursuant

to this

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

Article 5

HAS ADOPTED THIS DECISION:

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

Article 1

— ‘Derogation — Decision No …’,

to Decision 2001/822/EC,

the
Notwithstanding Annex III
fishery products processed in Saint Pierre and Miquelon which
are listed in the Annex to this Decision shall be regarded as
originating in Saint Pierre and Miquelon where they are
obtained from non-originating fish,
in accordance with the
terms of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
fishery products and to the annual quantity shown in the
Annex hereto which are imported into the Community from
Saint Pierre and Miquelon during the period from 1 April 2007
to 31 March 2013.

Article 3

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 quantity referred to in the
Annex hereto.

Article 4

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.

— ‘Dérogation — Décision no …’,

indicating the number of this Decision.

Article 6

This
Decision
until 31 December 2011.

shall

apply

from 1

April

2007

However,
if a new preferential regime is adopted replacing
Decision 2001/822/EC beyond 31 December 2011, or if the
current regime is extended, this Decision shall continue to apply
until the date of expiry of the new regime or of the extended
current regime but in any case not later than 31 March 2013.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 15 March 2007.

For the Commission

László KOVÁCS
Member of the Commission

L 76/34

EN

Official Journal of the European Union

16.3.2007

ANNEX

Fishery products processed in Saint Pierre and Miquelon

Serial No

CN Code

Description of goods

Period

Total quantity (1)
(tonnes)

09.1650

ex 0304 29

Fillets of hake, haddock, saithe, plaice,
seabream,
dab,
sole,
halibut,
Greenland
frozen

halibut, Atlantic

redfish,

cod,

1.4.2007 to 31.3.2008

1.4.2008 to 31.3.2009

1.4.2009 to 31.3.2010

ex 0304 99 Haddock,

saithe, hake, cod meat

(or

minced blocks), frozen

1.4.2010 to 31.3.2011

ex 0305 30

Fillets of salt cod

ex 0305 62 Whole salt cod

1.4.2011 to 31.3.2012

1.4.2012 to 31.3.2013

(1) The total annual quantity covers all species together.

1 290

1 290

1 290

1 290

1 290

1 290