2003/673/EC: Commission Decision of 25 September 2003 derogating from Council Decision 2001/822/EC, as regards the rules of origin for lobsters in pieces from Saint Pierre and Miquelon (notified under document number C(2003) 3335)

Commission Decision
of 25 September 2003
derogating from Council Decision 2001/822/EC, as regards the rules of origin for lobsters in pieces from Saint Pierre and Miquelon
(notified under document number C(2003) 3335)
(2003/673/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 of Annex III thereto,
Whereas:
(1) On 19 June 2003, Saint Pierre and Miquelon requested a derogation for five years from the rules of origin set out in Annex III to Decision 2001/822/EC in respect of an annual quantity of 105 tonnes of cooked and frozen lobster tails, legs and claws, exported from Saint Pierre and Miquelon.
(2) Saint Pierre and Miquelon based its request on the disappearance of its raw material, the originating snow crab, whose population has moved out of its territorial waters. The processing of non-originating live lobsters into cooked and frozen tails, legs and claws will replace the production chain of the snow crab, which the company concerned cannot procure.
(3) The requested derogation is justified under Annex III to Decision 2001/822/EC and, specifically, under Article 37(1) thereof, in particular as regards the development of an existing industry in Saint Pierre and Miquelon. The derogation is essential for the preservation of the activity of the plant in question, which employs a significant number of people. Subject to compliance with certain conditions relating to quantities, surveillance and duration, the derogation would not cause serious injury to an established industry of the Community or one or more of the Member States.
(4) Accordingly, a derogation should be granted in respect of certain quantities of cooked and frozen lobster tails, legs and claws processed in Saint Pierre and Miquelon and imported into the Community.
(5) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down the provisions for the application of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(2), as last amended by Regulation (EC) No 1335/2003(3), lays down rules for the management of tariff quotas. Those rules should be applied mutatis mutandis to the management of the quantities in respect of which the derogation in question is granted.
(6) Saint Pierre and Miquelon requested that the derogation apply from 1 September 2003. However, given the date on which Saint Pierre and Miquelon submitted its request and the length of the decision process, the derogation cannot be adopted before 1 September. As a result, it will apply from 1 October 2003.
(7) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,