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24.2.2011 Official
Journal
of
the
European
Union L
49/37
DECISIONS
COMMISSION DECISION
of 22 February 2011
on a derogation from the rules of origin set out in Council Decision 2001/822/EC as regards certain
fishery products imported from Saint Pierre and Miquelon
(notified under document C(2011) 986)
(2011/122/EU)
THE EUROPEAN COMMISSION,
(4) This
derogation
is
justified
pursuant
to
Article
37(1)
and
(5)(a) and (b) of Annex III to Decision 2001/822/EC, in
particular as regards the development of an existing local
industry, the economic and social impact and the
Having regard to the Treaty on the Functioning of the European
particular situation of Saint Pierre and Miquelon. As
Union,
the derogation is being granted for products which
involve actual processing, it will contribute to the devel
opment of an existing industry. The derogation is
essential for the success of the plant in question, which
Having regard to Council Decision 2001/822/EC of
employs a significant number of staff. Therefore current
27 November 2001 on the association of the overseas
production should be complemented with new species.
countries and territories with the European Community
(‘Overseas Association Decision’)
( 1 ), and in particular
Article 37 of Annex III thereto,
Whereas:
(5) 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 Union or one or more of the Member
(1) Annex
III
to
Decision
2001/822/EC
concerns
the
defi
States.
nition of the concept of ‘originating products’ and
methods of administrative cooperation. Pursuant to
Article 37 thereof derogations from those rules of
origin may be adopted where justified by the devel
opment of existing industries or the creation of new
industries in a country or territory.
(6) As
regards
products
falling
within
HS
heading
0303,
however, it follows from the general scheme of
Article 37 that a derogation from the rules of origin
(2) On
19
October
2010
Saint
Pierre
and
Miquelon
set out in Annex III to Decision 2001/822/EC may not
requested a derogation from the rules of origin set out
be granted for these products. These products do not in
in Annex III to Decision 2001/822/EC for a period of 8
fact contribute to the development of an existing
years. On 12 November additional information was
industry because they are subject of packaging
provided by Saint Pierre and Miquelon. The request
operations, which are not in the nature of genuinely
covers a total annual quantity of 225 tonnes of lobster
industrial activities.
(Homarus americanus) of HS headings 0306 and 1605,
600 tonnes of mackerel and herring (Scomber scombrus,
Clupea harengus) of HS headings 0303, 0304, 0305 and
1604 and 250 tonnes of mussels (Mytilus edulis) of HS
headings 0307 and 1605 originating in third countries
and processed in Saint Pierre and Miquelon for export to
(7) The
derogation
should
also
not
be
granted
for
fresh
and
the Union.
frozen fillets of mackerel and herrings of HS heading
0304 since associated filleting operations are char
acterised by increasingly high levels of mechanisation.
The use of labour force in the filleting operations turns
(3) Saint
Pierre
and
Miquelon
has
based
its
request
on
the
out to be too insignificant to have an impact on the
continuing shortfall in the sources of supply of other
employment level. Processing those products will
fish.
therefore not contribute to the development of the
existing industry and any derogation in their favour is
( 1 ) OJ L 314, 30.11.2001, p. 1.
not justified.

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L 49/38
EN
Official Journal of the European Union
24.2.2011
(8) As
regards
mackerel
and
herring
of
HS
headings
0305 mutandis to the management of the quantities set out in the
and 1604 the derogation should cover only smoked and
Annex to this Decision.
processed mackerel and herring. To allow the local
industry to fully benefit from the regular and qualitative
supply of raw materials and to offer a complementary
Article 4
activity during low season thus generating an economy
The customs authorities of Saint Pierre and Miquelon shall take
of scale for the local industry, the requested annual
the necessary steps to carry out quantitative checks on exports
quantity of 600 tonnes should be granted for those
of the products referred to in Article 1.
products.
To that end, all the certificates they issue pursuant to this
(9) Commission
Regulation
(EEC)
No
2454/93
of
2
July Decision shall bear a reference to it.
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Common Customs Code ( 1 ) lays down rules for the
The competent authorities of Saint Pierre and Miquelon shall
management of tariff quotas. To ensure an efficient
forward to the Commission every 3 months a statement of the
management, those rules should be applied mutatis
quantities in respect of which EUR 1 movement certificates have
mutandis to the management of the quantities in
been issued pursuant to this Decision and the serial numbers of
respect of which the derogation in question is granted.
those certificates.
(10) As
Decision 2001/822/EC expires on 31 December
Article 5
2013, it should be laid down that the derogation will
continue to apply after 31 December 2013 if a new
Box 7 of EUR 1 certificates issued under this Decision shall
decision is adopted on the association of the overseas
contain one of the following entries:
countries and territories with the European Community
or if Decision 2001/822/EC is extended.
— ‘Derogation — Decision 2011/122/EU’,
(11) The
measures provided for in this Decision are in
accordance with the opinion of the Customs Code
— ‘Dérogation — Décision 2011/122/UE’.
Committee,
Article 6
HAS ADOPTED THIS DECISION:
This Decision shall apply from 1 February 2011 until
31 January 2019.
Article 1
By way of derogation from Annex III to Decision 2001/822/EC,
However, if a new preferential regime is adopted replacing
the fishery products processed in Saint Pierre and Miquelon
Decision 2001/822/EC beyond 31 December 2013, or if the
which are listed in the Annex to this Decision shall be
current regime is extended, this Decision shall continue to apply
regarded as originating in Saint Pierre and Miquelon where
until the date of expiry of the new regime or of the extended
they are obtained from non-originating fish, in accordance
current regime but in any case not later than 31 January 2019.
with the terms of this Decision.
Article 7
Article 2
This Decision is addressed to the Member States.
The derogation provided for in Article 1 shall apply to the
fishery products and to the annual quantities shown in the
Annex which are imported into the Union from Saint Pierre
and Miquelon during the period from 1 February 2011 to
Done at Brussels, 22 February 2011.
31 January 2019.
Article 3
For the Commission
Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93
Algirdas EMETA
relating to the management of tariff quotas shall apply mutatis
Member of the Commission
( 1 ) OJ L 253, 11.10.1993, p. 1.

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EN
24.2.2011 Official
Journal
of
the
European
Union L
49/39
ANNEX
FISHERY PRODUCTS PROCESSED IN SAINT PIERRE AND MIQUELON
Total annual
Serial No HS
Code Description
of
goods Period
quantity
(tonnes)
09.1623 ex
0306
12
Frozen lobster (Homarus americanus),
1.2.2011 to
225
ex 1605 30
whole, cooked.
31.1.2019
Frozen lobster (Homarus americanus), in
pieces, cooked or fresh.
Frozen lobster meat (Homarus americanus),
cooked or fresh.
Prepared meals of lobster meat (Homarus
americanus), including meals ready for
consumption.
09.1624 ex
0305
42
Smoked fillets of herrings (Clupea
1.2.2011 to
600
ex 0305 49
harengus) or mackerel (Scomber scombrus).
31.1.2019
ex 1604 12
Prepared or preserved herrings (Clupea
ex 1604 15
harengus) or mackerel (Scomber scombrus).
ex 1604 20
09.1625 ex
0307
39
Frozen mussels (Mytilus edulis), cooked,
1.2.2011 to
250
ex 1605 90
whether in shell or not.
31.1.2019
Prepared or preserved mussels (Mytilus
edulis), and meals containing mussels
(Mytilus edulis), including meals ready for
consumption.

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