HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 347/38
EN
Official Journal of the European Union
15.12.2012
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2012 OF THE ESA-EU CUSTOMS COOPERATION COMMITTEE
of 29 November 2012
on a derogation from the rules of origin laid down in Protocol 1 to the Interim Agreement
establishing a framework for an Economic Partnership Agreement between the Eastern and
Southern Africa States, on the one part, and the European Community and its Member States,
on the other part, to take account of the special situation of the Eastern and Southern Africa States
with regard to preserved tuna and tuna loins
(2012/787/EU)
THE CUSTOMS COOPERATION COMMITTEE,
(5)
Since the requested quantities fall within the limits of the
annual quota which is granted automatically upon
request of the ESA States, the Customs Cooperation
Having regard to the Interim Agreement establishing a
Committee should allocate the global quota to the ESA
framework for an Economic Partnership Agreement between
States. Therefore, a derogation should be granted to the
the Eastern and Southern Africa States, on the one part, and
ESA States in respect of canned tuna and of tuna loins
the European Community and its Member States, on the other
for the quantities requested.
part, and in particular Article 41(4) of Protocol I thereto,
(6) The
reference
in
Article
42(8)
of
Protocol
1
to
the
Whereas:
interim EPA to ‘canned tuna’ is to be understood as to
cover tuna preserved in vegetable oil or in other ways.
For those types of tuna, Annex I to Council Regulation
(1)
The Interim Agreement establishing a framework for an
(EEC) No 2658/87 of 23 July 1987 on the tariff and
Economic Partnership Agreement between the Eastern
statistical nomenclature and on the Common Customs
and Southern Africa States, on the one part, and the
Tariff ( 2 ) (‘the Combined Nomenclature’) refers to the
European Community and its Member States, on the
term ‘preserved’. The term ‘preserved tuna’ comprises
other part ( 1 ) (‘the interim EPA’) applies provisionally as
canned tuna, but also tuna vacuum-packed in plastic
from 14 May 2012 between the Union and the Republic
bags or other containers. It is therefore appropriate to
of Madagascar, the Republic of Mauritius, the Republic of
use the term ‘preserved tuna’.
Seychelles and the Republic of Zimbabwe.
(2)
Protocol 1 to the interim EPA concerning the definition
(7) In
the
interest
of
clarity,
it
is
appropriate
to
set
out
of the concept of ‘originating products’ and methods of
explicitly that the only non-originating materials to be
administrative cooperation contains the rules of origin
used for the manufacture of preserved tuna and tuna
for the importation of products originating in the ESA
loins of CN code 1604 14 16 should be tuna of HS
States into the Union.
Headings 0302 or 0303, in order for the preserved
tuna and tuna loins to benefit from the derogation.
(3) In
accordance
with
Article
42(8)
of
Protocol
1
to
the
interim EPA, derogations from those rules of origin are
granted automatically within an annual quota of 8 000
(8) Commission
Regulation
(EEC)
No
2454/93
of
2
July
tonnes for canned tuna and of 2 000 tonnes for tuna
1993 laying down provisions for the implementation
loins.
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code ( 3 ) lays down rules
relating to the management of tariff quotas. In order to
ensure efficient management carried out in close
(4) In
order
to
permit
the
effective
and
full
utilisation
of
the
cooperation between the authorities of the ESA States,
quota available, Mauritius, Seychelles and Madagascar
the customs authorities of the Union and the
requested a derogation covering the annual quantities
Commission, those rules should apply mutatis mutandis
of 8 000 tonnes of canned tuna and of 2 000 tonnes
to the quantities imported under the derogation granted
of tuna loins imported into the Union from 1 January
by this Decision.
2013 to 31 December 2022.
( 2 ) OJ L 256, 7.9.1987, p. 1.
( 1 ) OJ L 111, 24.4.2012, p. 2.
( 3 ) OJ L 253, 11.10.1993, p. 1.

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EN
15.12.2012 Official
Journal
of
the
European
Union L
347/39
(9) The
derogation
should
be
granted
for
a
period
of
five movement certificates EUR.1 have been issued pursuant to this
years as foreseen in Article 42(10) point (a) of Protocol 1
Decision and the serial numbers of those certificates.
to the interim EPA.
(10) In
order
to
allow
efficient
monitoring
of
the
operation
of
Article 5
the derogation, the authorities of the ESA States should
communicate regularly to the Commission details of the
Box 7 of movement certificates EUR.1 issued under this
EUR.1 movement certificates issued,
Decision shall contain one of the following indications:
HAS DECIDED AS FOLLOWS:
‘Derogation — Decision No 1/2012 of the ESA-EU Customs
Cooperation Committee of […]’; ‘Dérogation — Décision n
Article 1

o
1/2012 du Comité de Coopération Douanière AfOA-UE du
By way of derogation from Protocol 1 to the interim EPA and
[…]’;
in accordance with Article 42(8) of that Protocol, preserved
tuna and tuna loins of HS Heading 1604 manufactured from
non-originating tuna of HS Headings 0302 or 0303 shall be
Article 6
regarded as originating in the ESA States in accordance with the
terms set out in Articles 2 to 5 of this Decision.
1. The ESA States and the Union shall take the measures
necessary on their part to implement this Decision.
Article 2
The derogation provided for in Article 1 shall apply on an
2. Where the Union has made a finding, on the basis of
annual basis to the products and the quantities set out in the
objective information, of irregularities or fraud or of a
Annex to this Decision which are declared for release for free
repeated failure to respect the obligations laid down in Article 4,
circulation into the Union from the ESA States during the
the Union may seek temporary suspension of the derogation
period of 1 January 2013 to 31 December 2017.
referred to in Article 1 in accordance with the procedure
provided for in Article 22(5) and (6) of the interim EPA.
Article 3
The quantities set out in the Annex shall be managed in
accordance with Articles 308a, 308b and 308c of Regulation
Article 7
(EEC) No 2454/93.
This Decision shall enter into force on the date of its adoption.
Article 4
The customs authorities of the ESA States shall carry out
This Decision shall apply from 1 January 2013.
quantitative checks on exports of the products referred to in
Article 1.
All the EUR.1 movement certificates they issue in relation to the
Done at Brussels, 29 November 2012.
products referred to in Article 1 shall bear a reference to this
Decision.
For the ESA-EU Customs Cooperation
Before the end of the month following each quarter, the
Committee
customs authorities of those countries shall forward to the
Commission, via the Secretariat of the Customs Cooperation
The Joint Chairmen
Committee, a statement of the quantities in respect of which
Péter KOVCS, Vivianne FOCK TAVE

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L 347/40
EN
Official Journal of the European Union
15.12.2012
ANNEX
Order No CN
Code Description
of
goods Period
Quantities
(in tonnes)
09.1618 ex
1604
14
11,
Preserved tuna ( 1 ) 1.1.2013
–
31.12.2013 8
000
ex 1604 14 18,
ex 1604 20 70
1.1.2014 – 31.12.2014 8
000
1.1.2015 – 31.12.2015 8
000
1.1.2016 – 31.12.2016 8
000
1.1.2017 – 31.12.2017 8
000
09.1619 1604
14
16 Tuna
loins 1.1.2013
–
31.12.2013 2
000
1.1.2014 – 31.12.2014 2
000
1.1.2015 – 31.12.2015 2
000
1.1.2016 – 31.12.2016 2
000
1.1.2017 – 31.12.2017 2
000
( 1 ) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading 1604.

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Document Outline

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