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24.4.2012 Official
Journal
of
the
European
Union L
110/39
COMMISSION IMPLEMENTING DECISION
of 20 April 2012
amending Implementing Decision 2011/861/EU 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(2012) 2463)
(2012/208/EU)
THE EUROPEAN COMMISSION,
(EC) No 1528/2007 which exceed the annual quota
granted to the territory of the East African Community
Having regard to the Treaty on the Functioning of the European
under the EAC-EU Interim Economic Partnership
Union,
Agreement. The quota amounts for 2012 and 2013
should therefore be set at 2 000 tonnes of tuna loins
Having regard to Council Regulation (EC) No 1528/2007 of
yearly.
20 December 2007 applying the arrangements for products
originating in certain states which are part of the African,
(5) In
the
interest
of
clarity,
it
is
appropriate
to
set
out
Caribbean and Pacific (ACP) Group of States provided for in
explicitly that the only non-originating materials to be
agreements establishing, or leading to the establishment of,
used for the manufacture of tuna loins of CN code
Economic Partnership Agreements
( 1 ), and in particular
1604 14 16 should be tuna of HS Headings 0302 or
Article 36(4) of Annex II thereof,
0303, in order for the tuna loins to benefit from the
derogation.
Whereas:
(6) Implementing
Decision
2011/861/EU
should
therefore
(1) On
19
December
2011
the
Commission
adopted
Imple
be amended accordingly.
menting Decision 2011/861/EU ( 2 ), granting a temporary
derogation from the rules of origin laid down in Annex
(7) The
measures
provided
for
in
this
Decision
are
in
II to Regulation (EC) No 1528/2007 to take account of
accordance with the opinion of the Customs Code
the special situation of Kenya with regard to tuna loins.
Committee,
(2) On
1
December
2011,
in
accordance
with
Article
36
of HAS ADOPTED THIS DECISION:
Annex II to Regulation (EC) No 1528/2007, Kenya
requested a new derogation from the rules of origin set
Article 1
out in that Annex. On 16 January 2012 Kenya submitted
additional information to its request. According to the
Implementing Decision 2011/861/EU is amended as follows:
information provided by Kenya, catches of raw orig
inating tuna are unusually low even compared to the
(1) Article 1 is replaced by the following:
normal seasonal variations which has led to a decrease
in production of tuna loins. Kenya has pointed out the
risk involved due to piracy during the supply of raw
‘Article 1
tuna. This abnormal situation still makes it impossible
By way of derogation from Annex II to Regulation (EC) No
for Kenya to comply with the rules of origin laid down
1528/2007 and in accordance with Article 36(1)(a) of that
in Annex II to Regulation (EC) No 1528/2007 during a
Annex, tuna loins of CN code 1604 14 16 manufactured
certain period. A new derogation should be granted with
from non-originating tuna of HS Headings 0302 or 0303
effect from 1 January 2012.
shall be regarded as originating in Kenya in accordance with
the terms set out in Articles 2 to 5 of this Decision.’;
(3) Implementing
Decision
2011/861/EU
applied
until
31 December 2011. It is necessary to ensure continuity
(2) Article 2 is replaced by the following:
of importations from the ACP countries to the Union as
well as a smooth transition to the Interim Economic
Partnership Agreement between the East African
‘Article 2
Community on the one part and the European
The derogation provided for in Article 1 shall apply to the
Community and its Member States on the other part
products and the quantities set out in the Annex which are
(‘EAC-EU Interim Economic Partnership Agreement’).
declared for release for free circulation in the Union from
Implementing Decision 2011/861/EU should therefore
Kenya during the period from 1 January 2012 until
be extended from 1 January 2012 to 31 December
31 December 2013.’;
2013.
(3) Article 6 is replaced by the following:
(4) It
would
be
inappropriate
to
grant
derogations
in
accordance with Article 36 of Annex II to Regulation
‘Article 6
( 1 ) OJ L 348, 31.12.2007, p. 1.
This Decision shall apply from 1 January 2012 until
( 2 ) OJ L 338, 21.12.2011, p. 61.
31 December 2013.’;

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L 110/40
EN
Official Journal of the European Union
24.4.2012
(4) The Annex is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision shall apply from 1 January 2012.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 20 April 2012.
For the Commission
Algirdas EMETA
Member of the Commission
ANNEX
‘ANNEX
Order No CN
code Description
of
goods Periods Quantities
09.1667 1604
14
16 Tuna
loins 1.1.2011
to
31.12.2011 2
000
tonnes
1.1.2012 to 31.12.2012 2
000
tonnes
1.1.2013 to 31.12.2013 2
000
tonnes’

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Document Outline

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