HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 168/12
EN
Official Journal of the European Union
28.6.2011
COMMISSION IMPLEMENTING DECISION
of 27 June 2011
amending Decisions 2008/603/EC, 2008/691/EC and 2008/751/EC as regards extension of the
temporary derogations from the rules of origin laid down in Annex II to Council Regulation
(EC) No 1528/2007 to take account of the special situation of Mauritius, Seychelles and
Madagascar with regard to tuna and tuna loins
(notified under document C(2011) 4322)
(2011/377/EU)
THE EUROPEAN COMMISSION,
Regulation (EC) No 1528/2007 to take account of the
special situation of Seychelles with regard to preserved
tuna. By Decisions 2009/471/EC and 2010/560/EU
extension of that temporary derogation was granted.
On 8 November 2010 Seychelles requested in
Having regard to the Treaty on the Functioning of the European
accordance with Article 36 of Annex II to Regulation
Union,
(EC) No 1528/2007 a new derogation from the rules
of origin set out in that Annex for 4 000 tonnes of
canned tuna. For the first time, Seychelles requested a
derogation from the rules of origin for tuna loins. That
Having regard to Council Regulation (EC) No 1528/2007 of
request was for a quantity of 1 000 tonnes. According to
20 December 2007 applying the arrangements for products
the information provided by Seychelles the catches of
originating in certain states which are part of the African,
raw tuna remain very low even compared to the
Caribbean and Pacific (ACP) Group of States provided for in
normal seasonal variations. Furthermore, the threat of
agreements establishing, or leading to the establishment of,
piracy results in a reduced number of fishing days in
Economic Partnership Agreements
( 1 ), and in particular
lucrative but high risk areas. Given that the abnormal
Article 36(4) of Annex II thereof,
situation since 2008 remains unchanged, a new dero
gation should be granted with effect from 1 January
2011.
Whereas:
(3) On 18 September
2008 Commission Decision
2008/751/EC ( 6 ) was adopted granting a temporary dero
gation from the rules of origin laid down in Annex II to
(1) On
17
July
2008
Commission
Decision
2008/603/EC
( 2 )
Regulation (EC) No 1528/2007 to take account of the
was adopted granting a temporary derogation from the
special situation of Madagascar with regard to preserved
rules of origin laid down in Annex II to Regulation (EC)
tuna and tuna loins. By Decisions 2009/471/EC and
No 1528/2007 to take account of the special situation of
2010/560/EU extension of that temporary derogation
Mauritius with regard to preserved tuna and tuna loins.
was granted. On 11 January 2011 Madagascar
By Commission Decisions 2009/471/EC
( 3 ) and
requested in accordance with Article 36 of Annex II to
2010/560/EU ( 4 ) extension of that temporary derogation
Regulation (EC) No 1528/2007 a new derogation from
was granted. On 27 December 2010 Mauritius requested
the rules of origin set out in that Annex. On 28 January
in accordance with Article 36 of Annex II to Regulation
2011 Madagascar provided additional information.
(EC) No 1528/2007 a new derogation from the rules of
According to this information sourcing of raw orig
origin set out in that Annex. According to the
inating tuna remains difficult due to the problem of
information received from Mauritius the catches of raw
piracy in the Indian Ocean. Given that the abnormal
tuna remain unusually low even compared to the normal
situation since 2008 remains unchanged, a new dero
seasonal variations. Given that the abnormal situation
gation should be granted with effect from 1 January
since 2008 remains unchanged and because of the
2011.
problem of piracy in the Indian Ocean a new derogation
should be granted with effect from 1 January 2011.
(4) Decisions
2008/603/EC,
2008/691/EC
and
2008/751/EC
applied until 31 December 2010 because the Interim
(2) On 14 August 2008 Commission Decision
Economic Partnership Agreement between the Eastern
2008/691/EC ( 5 ) was adopted granting a temporary dero
and Southern Africa States on the one part and the
gation from the rules of origin laid down in Annex II to
European Community and its Member States on the
other part (ESA-EU Interim Partnership Agreement) did
( 1 ) OJ L 348, 31.12.2007, p. 1.
not enter into force or was not provisionally applied
( 2 ) OJ L 194, 23.7.2008, p. 9.
before that date.
( 3 ) OJ L 155, 18.6.2009, p. 46.
( 4 ) OJ L 245, 17.9.2010, p. 35.
( 5 ) OJ L 225, 23.8.2008, p. 17.
( 6 ) OJ L 255, 23.9.2008, p. 31.

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EN
28.6.2011 Official
Journal
of
the
European
Union L
168/13
(5) In
accordance
with
Article
4(2)
of
Regulation
(EC)
No 1. Article 2 is replaced by the following:
1528/2007 the rules of origin set out in Annex II to that
Regulation and the derogations to them are to be
‘Article 2
superseded by the rules of the ESA-EU Interim Part
nership Agreement of which the entry into force or the
The derogation provided for in Article 1 shall apply to the
provisional application is foreseen to take place in 2011.
products and the quantities set out in the Annex which are
Whilst a derogation is still to be granted in 2011, the
declared for free circulation into the Community from
overall situation, including the state of ratification of the
Mauritius during the periods of 1 January 2008 until
ESA-EU Interim Partnership Agreement, will be reas
31 December 2008, 1 January 2009 until 31 December
sessed in 2012.
2009, 1 January 2010 until 31 December 2010 and
1 January 2011 until 31 December 2011.’;
2. in Article 6, the second paragraph is replaced by the
(6) It
is
necessary
to
ensure
continuity
of
importations
from
following:
the ACP countries to the Union as well as a smooth
transition to the ESA-EU Interim Economic Partnership
‘It shall apply until 31 December 2011.’;
Agreement. Decisions 2008/603/EC, 2008/691/EC and
2008/751/EC should therefore be prolonged with effect
3. the Annex is replaced by the text set out in Annex I to this
from 1 January 2011 to 31 December 2011.
Decision.
Article 2
Decision 2008/691/EC is amended as follows:
(7) Mauritius,
Seychelles
and
Madagascar
will
benefit
from
an
automatic derogation from the rules of origin for tuna of
1. Article 2 is replaced by the following:
HS heading 1604 pursuant to the relevant provisions of
the Origin Protocol attached to the ESA-EU Interim Part
nership Agreement signed by them, when this Agreement
‘Article 2
enters into force or is provisionally applied. It would be
The derogation provided for in Article 1 shall apply to the
inappropriate to grant by this Decision derogations in
products and the quantities set out in the Annex which are
accordance with Article 36 of Annex II to Regulation
declared for free circulation into the Community from
(EC) No 1528/2007 which exceed the annual quota
Seychelles during the periods of 1 January 2008 until
granted to the ESA region under the ESA-EU Interim
31 December 2008, 1 January 2009 until 31 December
Partnership Agreement. The ESA signatories to the
2009, 1 January 2010 until 31 December 2010 and
Agreement have therefore signed a unilateral political
1 January 2011 until 31 December 2011.’;
declaration concerning the derogations for tuna granted
in 2011 whereby these countries renounce to the global
2. in Article 6, the second paragraph is replaced by the
annual quantity of the automatic derogation for 2011 in
following:
case that the Agreement will either be provisionally
applied or enter into force during that year. Consequently
‘It shall apply until 31 December 2011.’;
the quota amounts for 2011 should be set at 3 000
tonnes of preserved tuna and 600 tonnes of tuna loins
3. the Annex is replaced by the text set out in Annex II to this
for Mauritius, 3 000 tonnes of preserved tuna and 600
Decision.
tonnes of tuna loins for Seychelles and 2 000 tonnes of
preserved tuna and 500 tonnes of tuna loins for
Madagascar.
Article 3

Decision 2008/751/EC is amended as follows:
1. Article 2 is replaced by the following:
(8) Decisions
2008/603/EC,
2008/691/EC
and
2008/751/EC
should therefore be amended accordingly.
‘Article 2
The derogation provided for in Article 1 shall apply to the
products and the quantities set out in the Annex which are
(9) The
measures
provided
for
in
this
Decision
are
in
declared for free circulation into the Community from
accordance with the opinion of the Customs Code
Madagascar during the periods of 1 January 2008 until
Committee,
31 December 2008, 1 January 2009 until 31 December
2009, 1 January 2010 until 31 December 2010 and
1 January 2011 until 31 December 2011.’;
2. in Article 6, the second paragraph is replaced by the
HAS ADOPTED THIS DECISION:
following:
‘It shall apply until 31 December 2011.’;
Article 1
3. the Annex is replaced by the text set out in Annex III to this
Decision 2008/603/EC is amended as follows:
Decision.

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L 168/14
EN
Official Journal of the European Union
28.6.2011
Article 4
This Decision shall apply from 1 January 2011.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 27 June 2011.
For the Commission
Algirdas EMETA
Member of the Commission
ANNEX I
‘ANNEX
Order No CN
code Description
of
goods Periods Quantities
09.1668 ex
1604
14
11, Preserved tuna ( 1 ) 1.1.2008
to
31.12.2008 3
000
tonnes
ex 1604 14 18,
1.1.2009 to 31.12.2009 3
000
tonnes
ex 1604 20 70
1.1.2010 to 31.12.2010 3
000
tonnes
1.1.2011 to 31.12.2011 3
000
tonnes
09.1669 1604
14
16 Tuna
loins 1.1.2008
to
31.12.2008 600
tonnes
1.1.2009 to 31.12.2009 600
tonnes
1.1.2010 to 31.12.2010 600
tonnes
1.1.2011 to 31.12.2011 600
tonnes
( 1 ) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading ex 1604.’

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EN
28.6.2011 Official
Journal
of
the
European
Union L
168/15
ANNEX II
‘ANNEX
Order No CN
code Description
of
goods Periods Quantity
09.1666 ex
1604
14
11, Preserved tuna ( 1 ) 1.1.2008
to
31.12.2008 3
000
tonnes
ex 1604 14 18,
ex 1604 20 70
1.1.2009 to 31.12.2009 3
000
tonnes
1.1.2010 to 31.12.2010 3
000
tonnes
1.1.2011 to 31.12.2011 3
000
tonnes
09.1630 1604
14
16 Tuna
loins 1.1.2011
to
31.12.2011 600
tonnes
( 1 ) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading ex 1604.’
ANNEX III
‘ANNEX
Order No CN
code Description
of
goods Periods Quantities
09.1645 ex
1604
14
11,
Preserved tuna ( 1 ) 1.1.2008
to
31.12.2008 2
000
tonnes
ex 1604 14 18,
1.1.2009 to 31.12.2009 2
000
tonnes
ex 1604 20 70
1.1.2010 to 31.12.2010 2
000
tonnes
1.1.2011 to 31.12.2011 2
000
tonnes
09.1646 1604
14
16 Tuna
loins 1.1.2008
to
31.12.2008 500
tonnes
1.1.2009 to 31.12.2009 500
tonnes
1.1.2010 to 31.12.2010 500
tonnes
1.1.2011 to 31.12.2011 500
tonnes
( 1 ) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading ex 1604.’

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