2007/767/EC: Commission Decision of 15 November 2007 derogating from the rules of origin set out in Council Decision 2001/822/EC as regards certain fishery products imported from the Falkland Islands (notified under document number C(2007) 5393)
Date: 2007-11-15
Institutions: European Commission
Subjects: Falkland Islands, derogation from EU law, fishery product, frozen product, import, originating product, tariff quota, transport document

28.11.2007

EN

Official Journal of the European Union

L 310/19

COMMISSION DECISION

of 15 November 2007

derogating from the rules of origin set out in Council Decision 2001/822/EC as regards certain
fishery products imported from the Falkland Islands

(notified under document number C(2007) 5393)

(2007/767/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

situation of the Falkland Islands and cannot be remedied
by increasing the presence of Community fishing fleets in
the Falkland area.

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)

On 7 August 2002 the Commission adopted Decision
2002/644/EC (2) derogating from the definition of the
concept of ‘originating products’; to take account of the
special situation of the Falkland Islands with regard to
frozen fish of CN heading 0303,
various species of
various species of
frozen fish fillets of CN heading
0304 and frozen Loligo squid and Illex squid of CN
heading 0307. That derogation expired on 31 August
2007.

On 31 July 2007 the Falkland Islands requested a new
derogation from the rules of origin set out in Annex III
to Decision 2001/822/EC for a period of five years. This
request covers a total annual quantity of 16 200 tonnes
of frozen fish of CN heading 0303, 5 100 tons of frozen
fish fillets of CN heading 0304, 57 900 tons of frozen
Loligo squid and 47 200 tons of frozen Illex squid of CN
heading 0307.

The Falkland Islands have based their request on the fact
that for frozen fish, frozen fish fillets and Loligo squid, it
is becoming increasingly difficult
to recruit crews for
their fishing vessels and factory ships from the OCTs,
the Community or ACP States. As regards Illex squid,
the Falkland Islands indicate that not all specific fishing
expertise required is currently available from crew from
the OCTs, the Community or ACP States. The lack of
crew from the OCTs, the Community or the ACP states,
specific geographical
from the
stems

in particular

(4)

(5)

(6)

(7)

for

the

local

fishing

in Annex III

A derogation should be granted from the rules of origin
set out
to Decision 2001/822/EC for
products falling within CN headings 0303 and 0304,
Loligo squid of CN code 0307 49 35 and Illex squid of
CN code 0307 99 11. This derogation is justified under
Article 37(1) of that Annex, in particular as regards the
development of an existing local
industry. Derogation
from Article 3(2) d of Annex III will provide greater
security
enabling
investment in new activities and markets. Use of the
derogation granted in 2002 remained extremely low
(51 620 tons for CN heading 0303, 35 320 tons for
CN heading 0304, 52 348 tons for Loligo squid and
6 720 tons for Illex squid over a period of five years)
The derogation should therefore be granted for
the
following total annual quantities, based on the total
annual quantities as covered by the derogation in 2002
i.e. 12 500 tons for CN heading 0303, 5 100 tons for
CN heading 0304, 34 600 tons for Loligo squid of
CN 0307 49 35 and 31 000 tons for Illex squid of
CN 0307 99 11.

companies

surveillance and duration,

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

cause
the Community or one or more of

serious

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

As Decision 2002/822/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.

(1) OJ L 314, 30.11.2001, p. 1. Decision modified by Decision

2007/249/EC (OJ L 109, 26.4.2007, p. 33).

(2) OJ L 211, 7.8.2002, p. 16.

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

lation (EC) No 214/2007 (OJ L 62, 1.3.2006, p. 6).

L 310/20

EN

Official Journal of the European Union

28.11.2007

(8)

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,
the fishery products referred to in the Annex to 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.

Article 2

The derogation provided for in Article 1 shall apply to fish
taken from the sea by vessels or factory ships and to the
annual quantities set out in the Annex to this Decision which
are imported into the Community from the Falkland Islands
from 1 December 2007 to 30 November 2012.

The vessels and factory ships referred to in the first paragraph
shall comply with the criteria set out in Article 3(2) of Annex III
to Decision 2001/822/EC, with the exception of point (d).

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 quantities referred to in the
Annex to this Decision.

Article 4

The customs authorities of the Falkland Islands shall take the
necessary measures to carry out quantitative checks on exports
of the products referred to in Article 1.

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

the certificates they issue pursuant

to this

The competent authorities of the Falkland Islands 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

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

— ‘Derogation — Decision No …’;,

— ‘Dérogation — Décision no …’,

indicating the number of this Decision.

Article 6

This Decision shall apply from 1 December 2007 until
30 November 2012.

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 30 November
2012.

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 15 November 2007.

For the Commission

László KOVÁCS
Member of the Commission

28.11.2007

EN

Official Journal of the European Union

L 310/21

ANNEX

Order No

CN Code

Description of goods

Total annual quantity (1)
(tonnes)

09.1914

0303

Fish frozen, excluding fish fillets and other fish meat
of heading 0304

09.1915

ex 0304

Fish fillets, frozen

09.1916

0307 49 35

Frozen squid of the specie Loligo Patagonica
(Loligo gahi)

09.1917

0307 99 11

Frozen squid of the genus Illex

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

12 500

5 100

34 600

31 000