10.9.2009 Official Journal of the European Union L 239/55 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 9 September 2009 on a derogation from the rules of origin set out in Council Decision 2001/822/EC as regards sugar from the Netherlands Antilles (notified under document C(2009) 6739) (2009/699/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’) ('), and in particular Article 37 of Annex III thereto, Whereas: (1)  Annex IIl to Decision 2001/822/EC concerns the defi- nition of the concept of ‘originating products’ and methods of administrative cooperation. Article 37 thereof provides that 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. That article also sets out the rules that apply to any requests for extension. (2)  In 2002 the Netherlands requested a derogation from the rule of origin in respect of an annual quantity of 3 000 tonnes of non-ACP sugar, imported from Colombia into the Netherlands Antilles, for processing and subsequent exportation to the European Community over a period of five years. On 10 January 2003 Commission Decision 2003/34[EC (3) was adopted, refusing to grant the requested derogation. That Decision was annulled by () O] L 314, 30.11.2001, p. 1. () O] L 11, 16.1.2003, p. 50. the Court of First Instance of the European Communities, in its judgment of 22 September 2005 (). Consequently, by letter of 18 January 2006 the Commission confirmed that the request was deemed to be accepted according to the original request, thus the derogation was to end on 31 December 2007. In that letter, the Commission requested to be kept informed by the competent authorities of the quantities imported and exported by virtue of the derogation. (3)  On 2 June 2009 the Netherlands requested on behalf of the Netherlands Antilles a new derogation from the rules of origin set out in Annex IIl to Decision 2001/822/EC for the period from 7 August 2009 until 31 December 2010. On 22 June 2009 additional information was provided by the Netherlands Antilles. The request concerns both an extension of the previous derogation submitted in 2002 and an independent new derogation. Together it covers a total annual quantity of 7 500 tonnes of sugar products originating in third countries and processed in the Netherlands Antilles for export to the Community. (4)  The requested annual quantity of 7 500 tonnes amounts to a quantity of 3000 tons as an extension of the request submitted in 2002 and to a quantity of 4 500 tons under a new request for derogation For both, the requested derogation would consist of allowing the use of raw sugar from third countries to be aromatized, coloured, milled and processed into sugar lumps in the Netherlands Antilles while conferring OCT (Overseas Countries and Territories) origin. (%) Case T-101/03, Suproco v Commission ECR [2005] 1I-3839.