CELEX: 32012D0806
Language: en
Date: 2012-12-17 00:00:00
Title: 2012/806/EU: Commission Implementing Decision of 17 December 2012 amending Decision 2007/767/EC as regards the derogation from the rules of origin laid down in Council Decision 2001/822/EC as regards certain fishery products imported from the Falkland Islands (notified under document C(2012) 9408)

20.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 350/97
            
         COMMISSION IMPLEMENTING DECISION
   of 17 December 2012
   amending Decision 2007/767/EC as regards the derogation from the rules of origin laid down in Council Decision 2001/822/EC as regards certain fishery products imported from the Falkland Islands
   (notified under document C(2012) 9408)
   (2012/806/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   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 Association Decision’) (1), and in particular Article 37 of Annex III thereof,
   Whereas:
   
               (1)
            
            
               On 15 November 2007 the Commission adopted Decision 2007/767/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 various species of frozen fish of CN heading 0303, 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 30 November 2012.
            
         
               (2)
            
            
               On 12 October 2012 the Falkland Islands requested a new derogation from the rules of origin set out in Annex III to Decision 2001/822/EC for the period from 1 December 2012 until the adoption of the new Overseas Association Decision. This request covers a total quantity of 8 750 tonnes of frozen fish of CN heading 0303, 1 683 tonnes of frozen fish fillets of CN heading 0304, 29 400 tonnes of frozen Loligo squid and 15 500 tonnes of frozen Illex squid of CN heading 0307.
            
         
               (3)
            
            
               The Falkland Islands have based their request on the fact that domestic labour constraints and skill shortages limit the extent to which vessels can be crewed by Falkland Islanders. The fact that not all specific fishing expertise required is currently available from crew from the OCTs, the Community or ACP States stems in particular from the specific geographical situation of the Falkland Islands.
            
         
               (4)
            
            
               The derogation from the rules of origin set out in Annex III to Decision 2001/822/EC should be granted 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.
            
         
               (5)
            
            
               It is necessary to ensure continuity of importations from the Falkland Islands to the Union. Decision 2007/767/EC should therefore be prolonged with effect from 1 December 2012 until the entry into force of the new Overseas Association Decision which is foreseen to take place on 1 January 2014.
            
         
               (6)
            
            
               Decision 2007/767/EC should therefore be amended accordingly.
            
         
               (7)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2007/767/EC is amended as follows:
   
               (1)
            
            
               Article 2, first paragraph is replaced by the following:
               ‘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 31 December 2013.’;
            
         
               (2)
            
            
               Article 6 is replaced by the following:
               ‘Article 6
               This Decision shall apply from 1 December 2007 until 31 December 2013.’;
            
         
               (3)
            
            
               the Annex is replaced by the text set out in the Annex to this Decision.
            
         Article 2
   This Decision is addressed to the Member States.
   
      Done at Brussels, 17 December 2012.
      
         
            For the Commission
         
         Algirdas ŠEMETA
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 314, 30.11.2001, p. 1.
   
      (2)  OJ L 310, 28.11.2007, p. 19.
   
      ANNEX
      
         
            ‘ANNEX
            
                        Order No
                     
                     
                        CN code
                     
                     
                        Description of goods
                     
                     
                        Period
                     
                     
                        Total quantity (1)
                        
                        (tonnes)
                     
                  
                        09.1914
                     
                     
                        0303
                     
                     
                        Fish frozen, excluding fish fillets and other fish meat of heading 0304
                     
                     
                        From 1.12.2007 to 30.11.2012
                     
                     
                        12 500 (per year)
                     
                  
                        From 1.12.2012 to 31.12.2013
                     
                     
                        8 750
                     
                  
                        09.1915
                     
                     
                        ex 0304
                     
                     
                        Fish fillets, frozen
                     
                     
                        From 1.12.2007 to 30.11.2012
                     
                     
                        5 100 (per year)
                     
                  
                        From 1.12.2012 to 31.12.2013
                     
                     
                        1 683
                     
                  
                        09.1916
                     
                     
                        0307 49 35
                     
                     
                        Frozen squid of the species Loligo Patagonica (Loligo gahi)
                        
                     
                     
                        From 1.12.2007 to 30.11.2012
                     
                     
                        34 600 (per year)
                     
                  
                        From 1.12.2012 to 31.12.2013
                     
                     
                        29 400
                     
                  
                        09.1917
                     
                     
                        0307 99 11
                     
                     
                        Frozen squid of the genus Illex
                        
                     
                     
                        From 1.12.2007 to 30.11.2012
                     
                     
                        31 000 (per year)
                     
                  
                        From 1.12.2012 to 31.12.2013
                     
                     
                        15 500
                     
                  
      
      
         (1)  The total quantity covers all species together.’