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20.12.2012 Official
Journal
of
the
European
Union L
350/97
COMMISSION IMPLEMENTING DECISION
of 17 December 2012
amending Decision 2007/767/EC as regards the derogation from the rules of origin laid down in
Council Decision 2001/822/EC as regards certain fishery products imported from the Falkland
Islands
(notified under document C(2012) 9408)
(2012/806/EU)
THE EUROPEAN COMMISSION,
(5) It
is
necessary
to
ensure
continuity
of
importations
from
the Falkland Islands to the Union. Decision 2007/767/EC
Having regard to the Treaty on the Functioning of the European
should therefore be prolonged with effect from
Union,
1 December 2012 until the entry into force of the
new Overseas Association Decision which is foreseen
Having regard to Council Decision 2001/822/EC of
to take place on 1 January 2014.
27 November 2001 on the association of the overseas
countries and territories with the European Community
(6) Decision
2007/767/EC
should
therefore
be
amended
(‘Overseas Association Decision’) ( 1 ), and in particular Article 37
accordingly.
of Annex III thereof,
(7) The
measures
provided
for
in
this
Decision
are
in
Whereas:
accordance with the opinion of the Customs Code
Committee,
(1) On
15
November
2007
the
Commission
adopted
Decision 2007/767/EC ( 2 ) derogating from the definition
HAS ADOPTED THIS DECISION:
of the concept of ‘originating products’ to take account
of the special situation of the Falkland Islands with
Article 1
regard to various species of frozen fish of CN heading
0303, various species of frozen fish fillets of CN heading
Decision 2007/767/EC is amended as follows:
0304 and frozen Loligo squid and Illex squid of CN
(1) Article 2, first paragraph is replaced by the following:
heading 0307. That derogation expired on 30 November
2012.
‘The derogation provided for in Article 1 shall apply to fish
taken from the sea by vessels or factory ships and to the
(2) On
12
October
2012
the
Falkland
Islands
requested
a
annual quantities set out in the Annex to this Decision
new derogation from the rules of origin set out in Annex
which are imported into the Community from the
III to Decision 2001/822/EC for the period from
Falkland Islands from 1 December 2007 to 31 December
1 December 2012 until the adoption of the new
2013.’;
Overseas Association Decision. This request covers a
total quantity of 8 750 tonnes of frozen fish of CN
(2) Article 6 is replaced by the following:
heading 0303, 1 683 tonnes of frozen fish fillets of
CN heading 0304, 29 400 tonnes of frozen Loligo
‘Article 6
squid and 15 500 tonnes of frozen Illex squid of CN
heading 0307.
This Decision shall apply from 1 December 2007 until
31 December 2013.’;
(3) The
Falkland
Islands
have
based
their
request
on
the
fact
that domestic labour constraints and skill shortages limit
(3) the Annex is replaced by the text set out in the Annex to
the extent to which vessels can be crewed by Falkland
this Decision.
Islanders. The fact that not all specific fishing expertise
Article 2
required is currently available from crew from the OCTs,
the Community or ACP States stems in particular from
This Decision is addressed to the Member States.
the specific geographical situation of the Falkland Islands.
(4)
The derogation from the rules of origin set out in Annex
III to Decision 2001/822/EC should be granted for
Done at Brussels, 17 December 2012.
products falling within CN headings 0303 and 0304,
Loligo squid of CN code 0307 49 35 and Illex squid of
For the Commission
CN code 0307 99 11. This derogation is justified under
Article 37(1) of that Annex, in particular as regards the
Algirdas EMETA
development of an existing local industry.
Member of the Commission
( 1 ) OJ L 314, 30.11.2001, p. 1.
( 2 ) OJ L 310, 28.11.2007, p. 19.

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L 350/98
EN
Official Journal of the European Union
20.12.2012
ANNEX
‘ANNEX
Order No CN
code Description
of
goods Period
Total quantity ( 1 )
(tonnes)
09.1914 0303 Fish
frozen,
excluding
fish
fillets
and
From 1.12.2007 to
12 500 (per year)
other fish meat of heading 0304
30.11.2012
From 1.12.2012 to
8 750
31.12.2013
09.1915 ex
0304 Fish
fillets,
frozen From
1.12.2007
to
5 100 (per year)
30.11.2012
From 1.12.2012 to
1 683
31.12.2013
09.1916 0307
49
35 Frozen
squid
of
the
species Loligo From 1.12.2007 to
34 600 (per year)
Patagonica (Loligo gahi)
30.11.2012
From 1.12.2012 to
29 400
31.12.2013
09.1917 0307
99
11 Frozen
squid
of
the
genus Illex From
1.12.2007
to
31 000 (per year)
30.11.2012
From 1.12.2012 to
15 500
31.12.2013
( 1 ) The total quantity covers all species together.’

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Document Outline

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