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7.5.2011 Official
Journal
of
the
European
Union L
119/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 439/2011
of 6 May 2011
on a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of
originating products used for the purposes of the scheme of generalised tariff preferences to take
account of the special situation of Cape Verde regarding exports of certain fisheries products to the
European Union
THE EUROPEAN COMMISSION,
letters dated 3 and 21 December 2010, and 14 January
2011 it submitted additional information in support of
this request.
Having regard to the Treaty on the Functioning of the European
Union,
(4)
The request is for a prolongation for 1 year and a
Having regard to Council Regulation (EEC) No 2913/92 of
volume of 2 500 tonnes for prepared or preserved
12 October 1992 establishing the Community Customs
mackerel fillets and 875 tonnes for prepared or
Code ( 1 ), and in particular Article 247 thereof,
preserved frigate tuna or frigate mackerel.
Having regard to Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementation of
(5) Between 2008 and 2010 the total annual quantities
Council Regulation (EEC) No 2913/92 establishing the
originally granted contributed to a significant extent to
Community Customs Code (
improving the situation in the fishery processing sector

2 ), and in particular Article 89
thereof,
and, to a certain extent, to the revitalisation of Cape
Verde’s artisanal fleet, which is of vital importance for
that country. However, fully revitalising the Cape
Whereas:
Verdean fleet to the degree envisaged requires a further
increase in available capacity to provide enough orig
inating raw materials to Cape Verde’s fish processing
(1) By
Commission
Regulation
(EC)
No
815/2008
( 3 ) Cape
industries.
Verde was granted a derogation from the rules of origin
laid down in Regulation (EEC) No 2454/93 allowing it to
consider as originating in Cape Verde certain processed
fishery products produced in Cape Verde from non-orig
(6) The
request
demonstrates
that,
without
the
derogation,
the ability of the Cape Verdean fish processing industry
inating fish. That derogation expired on 31 December
to continue to export to the Union would be significantly
2010.
affected, which might deter further development of the
Cape Verdean fleet for small pelagic fishing.
(2) By
Commission
Regulation
(EU)
No
894/2010
( 4 ) Cape
Verde was granted an increase in the quantities provided
for in 2010 in respect of two of the three categories of
(7) The
derogation
serves
to
give
Cape
Verde
sufficient
time
fishery products covered by Regulation (EC) No
to prepare itself to comply with the rules for the
815/2008. The quantities of the derogation were raised
acquisition of preferential origin. Time is needed to
accordingly to 2 500 tonnes for prepared or preserved
ensure that the efforts to revitalise the local fishing
mackerel fillets and to 875 tonnes for prepared or
fleet continue and Cape Verde thereby improves its
preserved frigate tuna or frigate mackerel fillets.
ability to supply the local fishery processing sector with
originating fish.
(3) By
letter
dated
21
October
2010
Cape
Verde
submitted
a
request for a prolongation of the said derogation. By
(8)
Since the prolongation is requested for a period starting
on 1 January 2011, in order to ensure continuity of
( 1 ) OJ L 302, 19.10.1992, p. 1.
imports from Cape Verde to the Union, a new derogation
( 2 ) OJ L 253, 11.10.1993, p. 1.
( 3 ) OJ L 220, 15.8.2008, p. 11.
should be granted with retroactive effect as of 1 January
( 4 ) OJ L 266, 9.10.2010, p. 39.
2011.

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L 119/2
EN
Official Journal of the European Union
7.5.2011
(9) In
order
to
allow
the
temporary
derogation
to
be
limited
Article 2
to the time needed for Cape Verde to achieve compliance
with the rules, the derogation should be granted for a
The derogation provided for in Article 1 shall apply to products
period of 1 year in respect of 2 500 tonnes for prepared
exported from Cape Verde and declared for free circulation in
or preserved mackerel fillets and 875 tonnes for prepared
the Union, where the conditions specified in Article 74 of
or preserved frigate tuna or frigate mackerel.
Regulation (EEC) No 2454/93 are satisfied, during the period
from 1 January 2011 to 31 December 2011, up to the
quantities listed in the Annex against each product imported.
(10) Regulation
(EEC)
No
2454/93
lays
down
rules
relating
to
the management of tariff quotas. In order to ensure
efficient management conducted in close cooperation
Article 3
between the authorities of Cape Verde, the customs
The quantities set out in the Annex to this Regulation shall be
authorities of the Union and the Commission, those
managed in accordance with Articles 308a, 308b and 308c of
rules should apply mutatis mutandis to the quantities
Regulation (EEC) No 2454/93.
imported under the derogation granted by this Regu
lation.
Article 4
(11) In
order to allow more efficient monitoring of the
1. The
customs
authorities
of
Cape
Verde
shall
take
the
operation of the derogation, it is necessary to lay down
necessary steps to carry out quantitative checks on exports of
the obligation for the authorities of Cape Verde, in
the products referred to in Article 1.
accordance with Article 89(4) of Regulation (EEC) No
2454/93, to communicate regularly to the Commission
details of the certificates of origin Form A which have
2. The
following
shall
be
entered
in
box
4
of
certificate
of
been issued.
origin Form A issued by the competent authorities of Cape
Verde pursuant to this Regulation: ‘Derogation — Regulation
(EU) No 439/2011’.
(12) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Committee,
3. The
competent
authorities
of
Cape
Verde
shall
forward
to
the Commission every quarter a statement of the quantities in
respect of which certificates of origin Form A have been issued
HAS ADOPTED THIS REGULATION:
pursuant to this Regulation and the serial numbers of those
certificates.
Article 1
By way of derogation from Articles 72, 73, 75 to 79 of Regu
Article 5
lation (EEC) No 2454/93, prepared or preserved mackerel,
1. This
Regulation
shall
enter
into
force
on
the
third
day
frigate tuna and frigate mackerel of CN codes 1604 15 11
following its publication in the Official Journal of the European
and ex 1604 19 98 produced in Cape Verde from non-orig
Union.
inating fish shall be regarded as originating in Cape Verde in
accordance with the arrangements set out in Articles 2, 3 and 4
of this Regulation.
2. It
shall
apply
from
1
January
2011.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 6 May 2011.
For the Commission
The President
José Manuel BARROSO

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EN
7.5.2011 Official
Journal
of
the
European
Union L
119/3
ANNEX
Quantity (in
Order No CN
code Description
of
goods Period
tonnes net
weight)
09.1647 1604
15
11 Mackerel (Scomber Colias, Scomber Japonicus, 1.1.2011 to
2 500
ex 1604 19 98
Scomber Scombrus) fillets, prepared or preserved
31.12.2011
09.1648 ex
1604
19
98 Frigate
tuna,
Frigate
mackerel
(Auxis thazard, 1.1.2011 to
875
Auxis Rochei) fillets, prepared or preserved
31.12.2011

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