Council Regulation (EEC) No 2209/90 of 27 July 1990 derogating from the definition of "originating products" to take account of the special situation of Saint-Pierre and Miquelon with regard to certain fisheries products

//  //  REGULATION (EEC) No 2209/90
of 27 July 1990
derogating from the definition of 'originating products' to take account of the special situation of Saint-Pierre and Miquelon with regard to certain fisheries products
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1), as last amended by Decision 90/146/EEC (2), has applied to Saint-Pierre and Miquelon since 1 July 1986;
Whereas Regulation (EEC) No 499/87 (3) granted Saint-Pierre and Miquelon a derogation from the rules of origin in respect of certain fisheries products processed for the period 1 December 1986 to 30 November 1989; whereas, given that the local conditions prevailing during that period remain unchanged, the French Government has requested, on behalf of Saint-Pierre and Miquelon, a further derogation;
Whereas Decision 90/146/EEC lays down that, as from 1 March 1990, the rules of origin applicable in preferential trade between overseas countries and territories and the Community shall temporarily be those of Protocol 1 to the Fourth ACP-EEC Convention, signed at LomĂŠ on 15 December 1989; whereas those rules provide for the use of originating fish, which cannot be obtained at the present stage by the processing industry in Saint-Pierre and Miquelon;
Whereas Article 31 of the said Protocol 1 sets out the conditions for the granting of a derogation; whereas these conditions are satisfied in so far as the geographical situation of Saint-Pierre and Miquelon prevents the utilization of raw materials wholly obtained or processed in other countries and territories, in the African, Caribbean and Pacific (ACP) States or in the Community, and the application of the rules of origin would prevent an existing industry continuing to export its product to the Community,