29.8.2001 Official Journal of the European Communities L231/13 COMMISSION DECISION of 6 August 2001 derogating from the definition of the concept of ‘originating products’ to take account of the special situation of Saint Pierre and Miquelon with regard to frozen fillets of cod, redfish, plaice and halibut of CN code 0304 20 (notified under document number C(2001) 2462) (Text with EEA relevance) (2001/657 [EC) 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 terri- tories 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 terri- tory 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 1100 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 origin- ating 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 263, 19.9.1991, p. 1. () 9] 0] L 58, 28.2.2001, p. 21. = 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 Commiittee, HAS ADOPTED THIS DECISION: Article 1 By way of derogation from the provisions of Annex II to Decision 91/482[EEC, frozen fillets of cod, redfish, plaice and halibut falling within CN code ex 0304 20 processed in Saint Pierre and Miquelon from non-originating fish shall be regarded as originating in Saint Pierre and Miquelon in accord- ance with the terms of this Decision. Article 2 The derogation provided for in Article 1 shall apply to the quantities shown in the Annex to this Decision which are imported into the Community from Saint Pierre and Miquelon during the period of 1 September 2001 to 31 August 2006. Article 3 The quantities referred to in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management. Where an importer presents, in a Member State, a declaration of entry for free circulation, including an application for the benefit of this Decision, the Member State shall, if the declara- tion has been accepted by the customs authorities, notify the Commission of its wish to draw the amount corresponding to its requirements. Applications to draw, showing the date of acceptance of declarations, shall be transmitted to the Commission without delay.