Council Regulation (EEC) No 499/87 of 16 February 1987 derogating from the definition of 'originating products' to take account of the special situation of Saint-Pierre and Miquelon with regard to certain fishery products

COUNCIL  REGULATION (EEC) No 499/87
of 16 February 1987
derogating from the definition of 'originating products' to take account of the special situation of Saint-Pierre and Miquelon with regard to certain fishery 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 the French Government has requested, on behalf of Saint-Pierre and Miquelon, a derogation from the rules of origin to take into account the particular problems of that territory in respect of certain fishery products processed there;
Whereas Saint-Pierre and Miquelon was included in the customs territory of the Community until 30 June 1986; whereas its trade until that date was governed by the provisions on the free movement of goods within the Customs Union;
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) has applied to Saint-Pierre and Miquelon since 1 July 1986;
Whereas Annex II to that Decision lays down the rules of origin applicable in preferential trade between overseas countries and territories and the Community; 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 28 of the said Annex II sets out the conditions which must be fulfilled in order for a derogation to be granted; 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 overseas countries and territories, in the 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,