2001/936/EC: Commission Decision of 28 December 2001 derogating from Council Decision 2001/822/EC, as regards the rules of origin for prepared and preserved shrimps and prawns from Greenland (notified under document number C(2001) 4648)

Commission Decision
of 28 December 2001
derogating from Council Decision 2001/822/EC, as regards the rules of origin for prepared and preserved shrimps and prawns from Greenland
(notified under document number C(2001) 4648)
(2001/936/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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(8)(a) of Annex III thereto,
Whereas:
(1) On 28 September 2001 Greenland requested a derogation from the rules of origin set out in Annex II to Council Decision 91/482/EEC(2) in respect of an annual quantity of 2100 tonnes of prepared and preserved shrimps and prawns of the species Pandalus borealis, to be exported from Greenland over a period of five years.
(2) Greenland based its request on the fact that during certain periods of the year there is a shortfall in supplies of originating shrimps and prawns.
(3) With effect from 2 December 2001, Decision 91/482/EEC, was repealed and replaced by Decision 2001/822/EC.
(4) Article 37 of Annex III to Decision 2001/822/EC concerning the definition of the concept of "originating products" and methods of administrative cooperation provides that derogations from the rules of origin may be permitted where justified by the development of existing industries or the creation of new industries in a country or territory.
(5) Article 37 of Annex III to Decision 2001/822/EC reproduces, in substance, the provisions of Article 30 of Annex II to Decision 91/482/EEC.
(6) It is therefore appropriate to examine Greenland's request in the light of Article 37 of Annex III to Decision 2001/822/EC.
(7) The requested derogation is justified under Annex III to Decision 2001/822/EC and, specifically, under Article 37(7) thereof, in so far as the value added to the non-originating products used in Greenland would be above 45 % of the value of the finished product and since there would be no serious injury to an economic sector of the Community or of one or more Member States, provided that certain conditions relating to quantities, surveillance and duration were respected.
(8) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,