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21.12.2011 Official
Journal
of
the
European
Union L
338/61
COMMISSION IMPLEMENTING DECISION
of 19 December 2011
on a temporary derogation from rules of origin laid down in Annex II to Council Regulation (EC)
No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins
(notified under document C(2011) 9269)
(2011/861/EU)
THE EUROPEAN COMMISSION,
(4) A
temporary
derogation
from
the
rules
of
origin
laid
down in Annex II to Regulation (EC) No 1528/2007
would not cause serious injury to an established
Community industry taking into account the imports
Having regard to the Treaty on the Functioning of the European
concerned, provided that certain conditions relating to
Union,
quantities, surveillance and duration are respected.
Having regard to Council Regulation (EC) No 1528/2007 of
20 December 2007 applying the arrangements for products
originating in certain states which are part of the African,
(5) It
is
therefore
justified
to
grant
a
temporary
derogation
Caribbean and Pacific (ACP) Group of States provided for in
under Article 36(1)(a) of Annex II to Regulation (EC) No
agreements establishing, or leading to the establishment of,
1528/2007.
Economic Partnership Agreements
( 1 ), and in particular
Article 36(4) of Annex II thereof,
(6) Kenya
will
benefit
from
an
automatic
derogation
from
Whereas:
the rules of origin for tuna loins of HS heading 1604
pursuant to Article 41(8) of the Origin Protocol attached
to the EAC-EU Interim Partnership Agreement, when that
Agreement enters into force or is provisionally applied.
(1) On
16
February
2011
Kenya
requested,
in
accordance
with Article 36 of Annex II to Regulation (EC) No
1528/2007, a derogation from the rules of origin set
out in that Annex for a period of one year. On
20 September 2011 Kenya submitted additional
information relating to its request. The request covers a
(7) In
accordance
with
Article
4(2)
of
Regulation
(EC)
No
total quantity of 2 000 tonnes of tuna loins of HS
1528/2007 the rules of origin set out in Annex II to that
heading 1604. The request is made because catches
Regulation and the derogations from them are to be
and supply of originating raw tuna have decreased and
superseded by the rules of the EAC-EU Interim Part
because of the problem of piracy.
nership Agreement, the entry into force or provisional

application of which is expected to take place in 2012.
The derogation should therefore apply until
31 December 2011. Whilst a derogation is still to be
(2)
According to the information provided by Kenya catches
granted in 2011, the overall situation, including the
of raw originating tuna are unusually low even compared
state of ratification of the EAC-EU Interim Partnership
to the normal seasonal variations and have led to a
Agreement, will be reassessed in 2012.
decrease in production of tuna loins. In addition, Kenya
has pointed out the risk involved due to piracy during
the supply of raw tuna. This abnormal situation makes it
impossible for Kenya to comply with the rules of origin
laid down in Annex II to Regulation (EC) No 1528/2007
(8) In
accordance
with
Article
41(8)
of
the
Origin
Protocol
during a certain period.
attached to the EAC-EU Interim Partnership Agreement,
the automatic derogation from the rules of origin is
limited to an annual quota of 2 000 tonnes of tuna
loins for the countries having initialled the EAC-EU
(3) To
ensure
continuity
of
importations
from
the
ACP
Interim Partnership Agreement (Kenya, Uganda,
countries to the Union as well as a smooth transition
Tanzania, Rwanda, Burundi). Kenya is the only country
from the ACP-EC Partnership Agreement to the
in the region that currently exports tuna loins to the
Agreement establishing a framework for an Interim
Union. It is therefore appropriate to grant to Kenya a
Economic Partnership Agreement (EAC-EU Interim Part
derogation under Article 36 of Annex II to Regulation
nership Agreement), a new derogation should be granted
(EC) No 1528/2007 in respect of 2 000 tonnes of tuna
with retroactive effect from 1 January 2011.
loins, quantity which does not exceed the full annual
quota granted to the EAC region under the EAC-EU
( 1 ) OJ L 348, 31.12.2007, p. 1.
Interim Partnership Agreement.

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L 338/62
EN
Official Journal of the European Union
21.12.2011
(9) Accordingly
a
derogation
should
be
granted
to
Kenya
in
Article 3
respect of 2 000 tonnes of tuna loins for a period of one
year.
The quantities set out in the Annex to this Decision shall be
managed in accordance with Articles 308a, 308b and 308c of
Regulation (EEC) No 2454/93.
(10) Commission
Regulation
(EEC)
No
2454/93
of
2
July
1993 laying down provisions for the implementation
Article 4
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code ( 1 ) lays down rules
The customs authorities of Kenya shall take the necessary
relating to the management of tariff quotas. In order to
measures to carry out quantitative checks on exports of the
ensure efficient management carried out in close coop
products referred to in Article 1.
eration between the authorities of Kenya, the customs
authorities of the Member States and the Commission,
All the EUR.1 movement certificates they issue in relation to
those rules should apply mutatis mutandis to the
those products shall bear a reference to this Decision.
quantities imported under the derogation granted by
this Decision.
The competent authorities of Kenya shall forward to the
Commission a quarterly statement of the quantities in respect
(11) In
order
to
allow
efficient
monitoring
of
the
operation
of
of which EUR.1 movement certificates have been issued
the derogation, the authorities of Kenya should
pursuant to this Decision and the serial numbers of those
communicate regularly to the Commission details of
certificates.
the EUR.1 movement certificates issued.
Article 5
(12) The
measures provided for in this Decision are in
Box 7 of EUR.1 movement certificates issued under this
accordance with the opinion of the Customs Code
Decision shall contain the following:
Committee,
‘Derogation — Implementing Decision 2011/861/EU’.
HAS ADOPTED THIS DECISION:
Article 6
Article 1
This Decision shall apply from 1 January 2011 until
By way of derogation from Annex II to Regulation (EC) No
31 December 2011.
1528/2007 and in accordance with Article 36(1)(a) of that
Annex, tuna loins of HS heading 1604 manufactured from
Article 7
non-originating materials shall be regarded as originating in
Kenya in accordance with the terms set out in Articles 2 to 6
This Decision is addressed to the Member States.
of this Decision.
Done at Brussels, 19 December 2011.
Article 2
The derogation provided for in Article 1 shall apply to the
For the Commission
products and the quantities set out in the Annex which are
declared for free circulation into the Union from Kenya
Algirdas EMETA
during the period from 1 January 2011 to 31 December 2011.
Member of the Commission
( 1 ) OJ L 253, 11.10.1993, p. 1.

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EN
21.12.2011 Official
Journal
of
the
European
Union L
338/63
ANNEX
Order No CN
code Description
of
goods Period Quantities
09.1667 1604
14
16 Tuna
loins 1.1.2011
to
31.12.2011 2
000
tonnes

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