2008/691/EC: Commission Decision of 14 August 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 Seychelles with regard to preserved tuna (notified under document number C(2008) 4344)
Date: 2008-08-14
Institutions: European Commission
Subjects: Seychelles, catch of fish, derogation from EU law, import, movement certificate, originating product, preserved product, sea fish

23.8.2008

EN

Official Journal of the European Union

L 225/17

COMMISSION DECISION

of 14 August 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 Seychelles with regard to preserved
tuna

(notified under document number C(2008) 4344)

(2008/691/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

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

serious

cause

Having regard to Council Regulation (EC) No 1528/2007 of
20 December 2007 applying the arrangements for goods ori-
ginating 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,
particular
Economic
Article 36(4) of Annex II thereto,

Partnership Agreements (1),

and

in

Whereas:

(1)

(2)

(3)

(4)

in accordance
On 24 April 2008 Seychelles requested,
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 the period of one year starting
from 1 March 2008. The request covers a total annual
quantity of 4 000 tonnes of canned tuna 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 Seychelles the
raw tuna in 2007 were very low even
catches of
compared to the normal seasonal variations. The indi­
cation for 2008 shows only a slight improvement over
2007 catch levels. This abnormal situation makes it
impossible for Seychelles to comply with the rules of
origin laid down in Annex II to Regulation (EC) No
1528/2007 during a certain period.

In order to ensure that Seychelles may continue its
exports
following the
expiration of the ACP-EC Partnership Agreement (2), a
new derogation should be granted.

to the European Community,

To ensure smooth transition from the ACP-EC Part­
nership Agreement to the ESA (Eastern and Southern
Africa
Partnership
Agreement a new derogation should be granted with
retroactive effect from 1 January 2008.

Interim Economic

States)-EU

(1) OJ L 348, 31.12.2007, p. 1.
(2) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by Decision
No 1/2008 of the ACP-EC Council of Ministers (OJ L 171, 1.7.2008,
p. 63).

(6)

(7)

(8)

(9)

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

Seychelles will benefit
from an automatic derogation
from the rules of origin for canned tuna 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 going beyond the end of 2008 but
should be granted for the period from 1 January to
31 December 2008.

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
for the countries having initialled the ESA-EU Interim
Partnership Agreement (Comoros, Mauritius, Madagascar,
Seychelles and Zimbabwe). Mauritius has already lodged
an official
a temporary derogation in
accordance with Article 36 of Annex II to Regulation
(EC) No 1528/2007 and other countries of
the ESA
region, notably Madagascar are expected to do the
same.
It would be inappropriate to grant derogations
under Article 36 of Annex II to Regulation (EC) No
1528/2007 which exceed the annual quota for canned

request

for

L 225/18

EN

Official Journal of the European Union

23.8.2008

the ESA-EU
tuna granted to the ESA region under
Interim Partnership
derogation
The
therefore should not be granted for the requested quan­
tities, but
should be granted for 3 000 tonnes of
preserved tuna.

Agreement.

(10) Accordingly a derogation should be granted to Seychelles
in respect of 3 000 tonnes of preserved tuna for a period
from 1 January until 31 December 2008.

(11)

(12)

(13)

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
in close co-
ensure efficient management carried out
the
operation between the authorities of Seychelles,
customs
the
and
Commission, those rules should apply mutatis mutandis
to the quantities
the derogation
granted by this Decision.

the Community

imported under

authorities of

to allow more efficient monitoring of

In order
the
operation of the derogation, the authorities of Seychelles
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 1

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 of HS Heading 1604 manufactured
from non-originating materials shall be regarded as originating
in Seychelles in accordance with the terms set out in Articles 2
to 6 of this Decision.

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.

Article 4

The customs authorities of Seychelles 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 Seychelles 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 2008/691/EC’.

Article 6

This Decision shall apply from 1 January 2008.

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 Seychelles when that
annexed to any
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.

Article 7

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 14 August 2008.

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

free

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).

23.8.2008

EN

Official Journal of the European Union

L 225/19

ANNEX

SEYCHELLES

Order No

CN code

Description of goods

Period

Quantity

09.1666

ex 1604 14 11,
ex 1604 14 18,
ex 1604 20 70

Preserved tuna (1)

1.1.2008 to 31.12.2008

3 000 tonnes

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