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9.11.2012 Official
Journal
of
the
European
Union L
310/31
COMMISSION IMPLEMENTING REGULATION (EU) No 1045/2012
of 8 November 2012
on a derogation from Regulation (EEC) No 2454/93 as regards the rules of origin used for the
purposes of the scheme of generalised tariff preferences to take account of the special situation of
El Salvador regarding exports of certain fisheries products to the Union
THE EUROPEAN COMMISSION,
needed in order to secure adequate flows of originating
tuna to the country by the government and the
Having regard to the Treaty on the Functioning of the European
processing industries of El Salvador.
Union,
(7) Given
the
existing
supply
flows
and
production
patterns,
Having regard to Council Regulation (EEC) No 2913/92 of
the derogation should be granted in respect of yearly
12 October 1992 establishing the Community Customs
quantities of 1 975 tonnes for tuna loins of CN code
Code (
ex 1604 14 16. In order to ensure that the temporary

1 ), and in particular Article 247 thereof,
derogation be limited to the time needed for El
Salvador to achieve compliance with the rules for the
Having regard to Commission Regulation (EEC) No 2454/93 of
acquisition of preferential origin of tuna loins, the dero
2 July 1993 laying down provisions for the implementation of
gation should be granted from 1 January 2012 until
Council Regulation (EEC) No 2913/92 establishing the
30 June 2013. The quota amount for 2013 should be
Community Customs Code ( 2 ), and in particular Article 89(1)(b)
defined on a pro rata basis to the period of the dero
thereof,
gation granted. Consequently, the quota amounts should
be set out at 1 975 tonnes for 2012, and 987,5 tonnes
Whereas:
for 2013.
(1) By
Council
Regulation
(EC)
No
732/2008
( 3 ) applying a
(8)
In order to ensure the continuity of exports of the
scheme of generalised tariff preferences from 1 January
processed fish eligible for preferential tariff treatment
2009, the Union granted generalised tariff preferences to
from El Salvador to the Union, the derogation should
El Salvador.
be granted with retroactive effect from 1 January 2012.
(2) Regulation
(EEC)
No
2454/93
establishes
the
definition (9) For
the
sake
of
clarity
and
in
order
for
tuna
loins
of
CN
of the concept of originating products to be used for the
code ex 1604 14 16 to benefit from the derogation, it is
purpose of the scheme of generalised tariff preferences
appropriate to set out explicitly that the only non-orig
(GSP). Article 89 of that Regulation provides for a dero
inating materials to be used for the manufacture of the
gation from that definition in favour of beneficiary
said tuna loins should be tuna of HS headings 0302 or
countries benefiting from GSP.
0303.
(3)
By letter dated 30 March 2012, El Salvador submitted a
(10) Regulation
(EEC)
No
2454/93
lays
down
rules
relating
to
request for a derogation from the GSP rules of origin in
the management of tariff quotas. In order to ensure
accordance with Article 89 of Regulation (EEC) No
efficient management conducted in close cooperation
2454/93. By letters dated 20 June 2012 and 30 July
between the authorities of El Salvador, the customs auth
2012, El Salvador submitted additional information in
orities of the Union and the Commission, those rules
support of this request.
should apply mutatis mutandis to the quantities
imported under the derogation granted by this Regu
(4) The
request
concerns
a
total
annual
quantity
of
4
000
lation.
tonnes of cooked, frozen and vacuum-packed tuna fillets
known as ‘loins’ (hereafter ‘tuna loins’) of CN code
(11) In
order
to
allow
efficient
monitoring
of
the
operation
of
1604 14 16 for a period from 1 July until 31 December
the derogation, it is necessary to lay down the obligation
2012.
for the authorities of El Salvador to communicate
regularly to the Commission details of the certificates
(5) The
request
demonstrates
that,
without
the
derogation,
of origin Form A which have been issued.
the ability of the Salvadorian fish processing industry to
continue to export tuna loins eligible for preferential
(12) The
measures
provided
for
in
this
Regulation
are
in
tariff treatment to the Union would be significantly
accordance with the opinion of the Customs Code
affected.
Committee,
(6)
The derogation is therefore required in order to give El
HAS ADOPTED THIS REGULATION:
Salvador sufficient time to prepare its fish processing
industry to comply with the rules for the acquisition of
Article 1
preferential origin of tuna loins. This sufficient time is
By way of derogation from Articles 72, 73 and 75 to 79 of
Regulation (EEC) No 2454/93, cooked, frozen and vacuum-
( 1 ) OJ L 302, 19.10.1992, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
packed tuna fillets known as ‘loins’ of CN code ex 1604 14 16
( 3 ) OJ L 211, 6.8.2008, p. 1.
produced in El Salvador from non-originating tuna of HS

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L 310/32
EN
Official Journal of the European Union
9.11.2012
headings 0302 or 0303 shall be regarded as originating in El
Box 4 of certificates of origin Form A issued by the competent
Salvador in accordance with the terms set out in Articles 2, 3
authorities of El Salvador pursuant to this Regulation shall bear
and 4 of this Regulation.
one of the following endorsements:
Article 2
— ‘Derogation — Commission Implementing Regulation (EU)
No …/2012’,
The derogation provided for in Article 1 shall apply to products
exported from El Salvador and declared for release for free
— ‘Excepción — Reglamento de Ejecución (UE) n o …/2012 de
circulation in the Union during the period from 1 January
la Comisión’.
2012 until 30 June 2013 and up to the quantities set out in
the Annex to this Regulation.
The competent authorities of El Salvador shall forward to the
Commission, by the end of the month following each civil
Article 3
quarter, a quarterly statement of the quantities in respect of
which certificates of origin Form A have been issued pursuant
The quantities set out in the Annex to this Regulation shall be
to this Regulation and the serial numbers of those certificates.
managed in accordance with Articles 308a, 308b and 308c of
Regulation (EEC) No 2454/93.
Article 5
This Regulation shall enter into force on the third day following
Article 4
that of its publication in the Official Journal of the European
The customs authorities of El Salvador shall take the necessary
Union.
steps to carry out quantitative checks on exports of the
products referred to in Article 1.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 2012.
For the Commission
The President
José Manuel BARROSO

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EN
9.11.2012 Official
Journal
of
the
European
Union L
310/33
ANNEX
Order No CN
code Description
of
goods Period
Quantities
(in tonnes net weight)
09.1629 ex
1604
14
16 Cooked,
frozen
and
vacuum-packed 1.1.2012 to 31.12.2012 1
975
tuna fillets known as ‘loins’
1.1.2013 to 30.6.2013 987,5

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Document Outline

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