2008/603/EC: Commission Decision of 17 July 2008 on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Mauritius with regard to preserved tuna and tuna loins (notified under document number C(2008) 3568)
Date: 2008-07-17
Institutions: European Commission
Subjects: Mauritius, derogation from EU law, fishery product, movement certificate, originating product, preserved product

23.7.2008

EN

Official Journal of the European Union

L 194/9

COMMISSION DECISION

of 17 July 2008

on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation
(EC) No 1528/2007 to take account of the special situation of Mauritius with regard to preserved
tuna and tuna loins

(notified under document number C(2008) 3568)

(2008/603/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1528/2007 of
20 December 2007 applying the arrangements for goods orig­
inating in certain states which are part of the African, Caribbean
and Pacific (ACP) Group of States provided for in agreements
establishing, or leading to the establishment of, Economic Part­
nership Agreements (1), and in particular Article 36(4) of
Annex II thereto,

Whereas:

(1)

(2)

(3)

On 21 February 2008 Mauritius requested, in accordance
with Article 36 of Annex II
to Regulation (EC) No
1528/2007, derogation from the rules of origin set out
in that Annex for a period of five years. On 10 March
2008 Mauritius submitted additional information relating
to its request. The request covers a total annual quantity
of 5 000 tonnes of canned tuna and 2 000 tonnes of
tuna loins of HS heading 1604. The request is made
because catches and supply of originating raw tuna
have decreased in the South West Indian Ocean.

According to the information provided by Mauritius the
catches of raw tuna in late 2007 and early 2008 were
unusually low even compared to the normal seasonal
variations. This abnormal situation makes it impossible
for Mauritius to comply with the rules of origin laid
down in Annex II to Regulation (EC) No 1528/2007
during a certain period.

A temporary derogation from the rules of origin laid
down in Annex II to Regulation (EC) No 1528/2007
injury to an established
would not
Community industry taking into account
the imports
concerned, provided that certain conditions relating to
quantities, surveillance and duration are respected.

serious

cause

(1) OJ L 348, 31.12.2007, p. 1.

(4)

(5)

(6)

(7)

It is therefore justified to grant a temporary derogation
under Article 36(1)(a) of Annex II to Regulation (EC) No
1528/2007.

Mauritius will benefit from an automatic derogation from
the rules of origin for canned tuna and tuna loins of HS
heading 1604 pursuant to Article 42(8) of the Origin
Protocol attached 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
(ESA-EU Interim Partnership
Agreement), when that Agreement enters into force or
is provisionally applied.

In accordance with Article 4(2) of Regulation (EC) No
1528/2007 the rules of origin set out in Annex II to that
Regulation and the derogations from them are to be
the ESA-EU Interim Part­
superseded by the rules of
nership Agreement, the entry into force or provisional
application of which is expected to take place in 2008.
The derogation therefore should not be granted for the
requested period of five years, but should be granted for
the period from January to December 2008.

the

initialled

In accordance with Article 42(8) of the Origin Protocol
attached to the ESA-EU Interim Partnership Agreement,
the automatic derogation from the rules of origin is
limited to an annual quota of 8 000 tonnes of canned
tuna and 2 000 tonnes of tuna loins for the countries
ESA-EU Interim Partnership
having
Agreement (Comoros, Mauritius, Madagascar, Seychelles
and Zimbabwe). Requests for a temporary derogation in
accordance with Article 36 of Annex II to Regulation
(EC) No 1528/2007 from other countries of the ESA
region are to be expected, notably from Madagascar
and Seychelles. It would be inappropriate to grant dero­
gations under Article 36 of Annex II to Regulation (EC)
No 1528/2007 which exceed the annual quota granted
to the ESA region under the ESA-EU Interim Partnership
Agreement. The derogation therefore should not be
granted for
should be
the requested quantities, but
granted for 3 000 tonnes of preserved tuna and 600
tonnes of tuna loins.

(8)

Accordingly a derogation should be granted to Mauritius
in respect of 3 000 tonnes of canned tuna and 600
tonnes of tuna loins for a period of one year.

L 194/10

EN

Official Journal of the European Union

23.7.2008

(9)

(10)

(11)

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (1)
lays down rules
relating to the management of tariff quotas. In order to
ensure efficient management carried out in close coop­
eration between the authorities of Mauritius, the customs
authorities of
the Community and the Commission,
those rules should apply mutatis mutandis to the quan­
tities imported under the derogation granted by this
Decision.

to allow more efficient monitoring of

In order
the
operation of the derogation, the authorities of Mauritius
should communicate regularly to the Commission details
of the EUR.1 movement certificates issued.

The measures provided for
accordance with the opinion of
Committee,

in this Decision are in
the Customs Code

HAS ADOPTED THIS DECISION:

Article 4

The customs authorities of Mauritius shall take the necessary
measures to carry out quantitative checks on exports of the
products referred to in Article 1.

To that end, all the EUR.1 movement certificates they issue in
relation to those products shall bear a reference to this Decision.
The competent authorities of Mauritius shall forward to the
Commission a quarterly statement of the quantities in respect
of which EUR.1 movement certificates have been issued
pursuant to this Decision and the serial numbers of those certi­
ficates.

Article 5

Box 7 of EUR.1 movement certificates
Decision shall contain the following:

issued under

this

‘Derogation — Decision C(2008) 3568’.

Article 6

Article 1

This Decision shall apply from 1 January 2008.

By way of derogation from Annex II to Regulation (EC) No
1528/2007 and in accordance with Article 36(1)(a) of that
Annex, preserved tuna and tuna loins of HS Heading 1604
manufactured from non-originating materials shall be regarded
as originating in Mauritius in accordance with the terms set out
in Articles 2, 3 and 4 of this Decision.

Article 2

The derogation provided for in Article 1 shall apply to the
products and the quantities set out in the Annex which are
declared for
circulation into the Community from
Mauritius during the period from 1 January 2008 to
31 December 2008.

free

Article 3

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.

It shall apply until the rules of origin set out in Annex II to
Regulation (EC) No 1528/2007 are superseded by those
agreement with Mauritius when that
annexed
agreement is either provisionally applied, or enters into force,
whichever is the earlier, but in any event this Decision shall not
apply after 31 December 2008.

to any

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 17 July 2008.

For the Commission

László KOVÁCS
Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu­

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

23.7.2008

EN

Official Journal of the European Union

L 194/11

ANNEX

Order No

CN code

Description of goods

Period

Quantities

09.1668

1604 14 11,
1604 14 18,
1604 20 70

Preserved tuna (1)

1.1.2008 to 31.12.2008

3 000 tonnes

09.1669

1604 14 16

Tuna loins

1.1.2008 to 31.12.2008

600 tonnes

(1) In any form of packaging whereby the product is considered as preserved within the meaning of HS heading 1604.