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25.5.2012 Official
Journal
of
the
European
Union L
135/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 440/2012
of 24 May 2012
amending Implementing Regulation (EU) No 439/2011 on a derogation from Regulation (EEC) No
2454/93 in respect of the definition of the concept of originating products used for the purposes of
the scheme of generalised tariff preferences to take account of the special situation of Cape Verde
regarding exports of certain fisheries products to the European Union
THE EUROPEAN COMMISSION,
Cape Verdean fishery processing sector. Those quantities
also led, to a certain extent, to the revitalisation of Cape
Verde’s artisanal fleet, which is of vital importance for the
Having regard to the Treaty on the Functioning of the European
country. However, fully revitalising the Cape Verdean
Union,
fleet to the degree envisaged requires a renewal of the
increased available capacity to provide enough orig
inating raw materials to Cape Verde’s fish processing
Having regard to Council Regulation (EEC) No 2913/92 of
industries.
12 October 1992 establishing the Community Customs

Code ( 1 ), and in particular Article 247 thereof,
(4) The
request
demonstrates
that,
without
the
derogation,
Having regard to Commission Regulation (EEC) No 2454/93 of
the ability of the Cape Verdean fish processing industry
2 July 1993 laying down provisions for the implementation of
to continue to export to the Union would be significantly
Council Regulation (EEC) No 2913/92 establishing the
affected, which might deter further development of the
Community Customs Code (
Cape Verdean fleet for small pelagic fishing.

2 ), and in particular Article 89(1)(b)
thereof,
(5)
The derogation should give Cape Verde sufficient time to
Whereas:
prepare itself to comply with the rules for the acquisition
of preferential origin. Additional time is needed to
consolidate the results already obtained by Cape Verde
(1) By
Regulation
(EC)
No
815/2008
( 3 ) the Commission
in its efforts to revitalise its local fishing fleet.
granted Cape Verde a derogation from the rules of
origin laid down in Regulation (EEC) No 2454/93. By
Implementing Regulation (EU) No 439/2011 ( 4 ) the
(6) In
order
to
ensure
that
the
temporary
derogation
be
Commission granted Cape Verde a new derogation
limited to the time needed for Cape Verde to achieve
from those rules of origin ( 5 ). That derogation expired
compliance with the rules, the derogation should be
on 31 December 2011.
granted for a period of three years, i.e. from 2012
until 2014, in respect of yearly quantities of 2 500
tonnes for prepared or preserved mackerel fillets and
(2) By
letter
dated
21
November
2011,
Cape
Verde
875 tonnes for prepared or preserved frigate tuna or
submitted a request for a prolongation of that derogation
frigate mackerel.
for three years, i.e. from 2012 until 2014. That appli
cation concerns a volume of 2 500 tonnes for prepared
or preserved mackerel fillets and 875 tonnes for prepared
(7) In
order
to
ensure
continuity
of
exports
from
Cape
Verde
or preserved frigate tuna or frigate mackerel.
to the Union, the derogation should be granted with
retroactive effect from 1 January 2012.
(3) Between
2008
and
2011,
the
total
annual
derogation
quantities that were granted to Cape Verde contributed,
to a significant extent, to improving the situation in the
(8) In
the
interest
of
clarity,
it
is
appropriate
to
set
out
explicitly that the only non-originating materials to be
used for the manufacture of prepared or preserved fillets
( 1 ) OJ L 302, 19.10.1992, p. 1.
of mackerel, and prepared or preserved fillets of frigate
( 2 ) OJ L 253, 11.10.1993, p. 1.
tuna and frigate mackerel of CN codes 1604 15 11 and
( 3 ) OJ L 220, 15.8.2008, p. 11.
( 4 ) OJ L 119, 7.5.2011, p. 1.
ex 1604 19 97 should be mackerel or frigate tuna or
( 5 ) OJ L 307, 23.11.2010, p. 1.
frigate mackerel of HS headings 0302 or 0303, in

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L 135/2
EN
Official Journal of the European Union
25.5.2012
order for the prepared or preserved fillets of mackerel,
(a) prepared or preserved fillets of mackerel of CN codes
frigate tuna and frigate mackerel to benefit from the
1604 15 11 and ex 1604 19 97 produced in Cape
derogation.
Verde from non-originating mackerel of HS headings
0302 or 0303;
(9) Since
with
effect
from
1
January
2012
CN
code
1604 19 98 was replaced by CN code 1604 19 97, it
(b) prepared or preserved fillets of frigate tuna or frigate
is appropriate to update the CN codes for the products
mackerel of CN code ex 1604 19 97 produced in
for which the derogation is granted.
Cape Verde from non-originating frigate tuna or
frigate mackerel of HS headings 0302 or 0303.
(10) Implementing Regulation (EU) No 439/2011 should
therefore be amended accordingly.
Article 2
The derogation provided for in Article 1 shall apply to
(11) The
measures
provided
for
in
this
Regulation
are
in
products exported from Cape Verde and declared for
accordance with the opinion of the Customs Code
release for free circulation in the Union, where the
Committee,
conditions specified in Article 74 of Regulation (EEC) No
2454/93 are satisfied, during the periods from 1 January
HAS ADOPTED THIS REGULATION:
2011 until 31 December 2011, 1 January 2012 until
31 December 2012, 1 January 2013 until 31 December
Article 1
2013 and 1 January 2014 until 31 December 2014, up
to the quantities listed in the Annex against each product
Implementing Regulation (EU) No 439/2011 is amended as
imported.’;
follows:
(2) the Annex is replaced by the text set out in the Annex to
(1) Articles 1 and 2 are replaced by the following:
this Regulation.
‘Article 1
Article 2
By way of derogation from Articles 72, 73 and 75 to 79 of
This Regulation shall enter into force on the third day following
Regulation (EEC) No 2454/93, the following goods shall be
that of its publication in the Official Journal of the European
regarded as originating in Cape Verde in accordance with
Union.
the arrangements set out in Articles 2, 3 and 4 of this
Regulation:
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 24 May 2012.
For the Commission
The President
José Manuel BARROSO

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EN
25.5.2012 Official
Journal
of
the
European
Union L
135/3
ANNEX
‘ANNEX
Quantity
Order No CN
code Description
of
goods Periods
(in tonnes net
weight)
09.1647 1604
15
11
Prepared or preserved fillets of 1.1.2011 to 31.12.2011 2
500
ex 1604 19 97 mackerel (Scomber scombrus, Scomber
japonicus, Scomber colias)
1.1.2012 to 31.12.2012 2
500
1.1.2013 to 31.12.2013 2
500
1.1.2014 to 31.12.2014 2
500
09.1648 ex
1604
19
97 Prepared
or
preserved
fillets
of
frigate 1.1.2011 to 31.12.2011 875
tuna or frigate mackerel (Auxis thazard,
Auxis rochei)
1.1.2012 to 31.12.2012 875
1.1.2013 to 31.12.2013 875
1.1.2014 to 31.12.2014 875’

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Document Outline

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