THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community, as last amended by Decision 2001/161/EC, and in particular Article 30(8)(a) of Annex II thereof,
Whereas:
(1)
Article 30 of Annex II to Decision 91/482/EEC concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them.
(2)
On 18 May 2001 the French Government has requested a derogation from the rule of origin in the Annex II to Decision 91/482/EEC, in respect of an annual quantity of 1 100 tonnes of frozen fillets of cod, 60 tonnes of frozen fillets of redfish, 11 tonnes of frozen fillets of plaice and 119 tonnes of frozen fillets of halibut, exported from Saint Pierre and Miquelon during a period of five years.
(3)
The French Government has based its request on the current shortfall in the sources of supply of other originating fish.
(4)
The requested derogation is justified under the terms of the provisions concerned in Article 30 of Annex II to Decision 91/482/EEC, notably with regard to the substantial nature of the processing carried out in Saint Pierre and Miquelon, because the derogation is essential for the preservation of the processing plant in question which employs large numbers and because there would be no serious injury to an established Community industry, provided that certain conditions relating to quantities, surveillance and duration are respected.
(5)
Since the validity of Decision 91/482/EEC was extended until 1 December 2001 by Decision 2001/161/EC, an appropriate provision should be included to ensure the validity of the derogation beyond 1 December 2001, in case a new decision on the association of the overseas countries and territories with the Community is adopted before that date or in case the validity of Decision 91/482/EEC is further extended.
(6)
The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS DECISION: