Commission Decision

of 25 April 2005

amending Decision 2001/657/EC extending the derogation to include fillets of salt cod and whole salt cod

(notified under document number C(2005) 1256)

(2005/335/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 (Overseas Association Decision) [1], and in particular Article 37(9)(c) of Annex III thereto,

Whereas:

(1) By way of Decision 2001/657/EC [2], a derogation was granted to Saint Pierre and Miquelon from the definition of the concept of originating products to take account of its special situation with regard to frozen fillets of cod, redfish, plaice and halibut of CN code 030420.

(2) On 20 January 2005, the French Government has requested an amendment to Decision 2001/657/EC in order to obtain an extension of the scope of the derogation granted in respect of frozen fillets of cod of CN code ex030420, to fillets of salt cod of CN code ex030530 and whole salt cod of CN code 030562.

(3) The French Government has based its request on a readjustment in the sales strategy of a local industry towards European markets.

(4) The requested derogation is justified under the terms of the provisions concerned in paragraph 1 of Article 37 of Annex III to the Council Decision 2001/822/EC as it is vital to preserving a seafood-processing industry and the associated jobs.

(5) The requested amendment would not alter the global annual quantity granted for cod, nor would it alter the duration of the derogation and would consequently not cause serious injury to an established Community industry.

(6) Therefore, the Decision 2001/657/EC should be amended accordingly.

(7) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2001/657/EC is amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 1 May 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 April 2005.

For the Commission

László Kovács

Member of the Commission

[1] OJ L 314, 30.11.2001, p. 1.

[2] OJ L 231, 29.8.2001, p. 13.

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ANNEX

The Annex to Decision 2001/657/EC is replaced by the following:

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