Commission Regulation (EC) No 815/2008 of 14 August 2008 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 preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the Community
Date: 2008-08-14
Institutions: European Commission
Subjects: Cabo Verde, derogation from EU law, export, fishery product, generalised preferences, originating product, sea fish

15.8.2008

EN

Official Journal of the European Union

L 220/11

COMMISSION REGULATION (EC) No 815/2008

of 14 August 2008

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 preferences to take account
of the special situation of Cape Verde regarding exports of certain fisheries products to the
Community

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (1), and in particular Article 247 thereof,

Having regard to 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 (2), and in particular Article 76
thereof,

Whereas:

(1)

(2)

(3)

applying

By Council Regulation (EC) No 980/2005 of 27 June
2005
tariff
scheme
preferences (3), the Community granted generalised tariff
preferences to Cape Verde.

generalised

of

a

Regulation (EEC) No 2454/93 establishes the definition
of the concept of originating products to be used for the
purposes of the scheme of generalised tariff preferences
(GSP). Article 76 of that Regulation provides for dero­
gations from that definition in favour of least-developed
beneficiary countries benefiting from the GSP which
submit an appropriate request
to the
Community.

to that effect

From 1 March 2005 Cape Verde benefited from Decision
No 2/2005 of
the ACP-EC Customs Cooperation
Committee of 1 March 2005 derogating from the
concept of ‘originating products’ to take account of the
regarding the
the ACP States
special
production of preserved tuna and of
tuna loins (HS
heading ex 1604) (4).

situation of

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu­

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) 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).

(3) OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Regu­

lation (EC) No 55/2008 (OJ L 20, 24.1.2008, p. 1).

(4) OJ L 61, 8.3.2005, p. 48.

(5)

(6)

(7)

(8)

(9)

(10)

these arrangements ceased to apply after
However,
31 December 2007 and Cape Verde has not yet
concluded an Economic Partnership Agreement with
the only preferential
the Community. Consequently,
trade
since
arrangement
1 January 2008 is the GSP.

to Cape Verde

available

By
letter dated 27 November 2007 Cape Verde
submitted a request for a derogation from GSP rules of
origin in accordance with Article 76 of Regulation (EEC)
No 2454/93. By letter dated 27 February 2008,
it
submitted complementary information in support of
this request.

The derogation request concerns a total annual quantity
of 1 561 tonnes of three species of prepared or preserved
fish, two of which were not covered by the derogation
granted by Decision No 2/2005: frigate tuna or frigate
mackerel, mackerel and tuna.

The derogation request has been considered by the
Commission and has been found to be complete and
duly substantiated.

supply throughout

The derogation is required in order to ensure continuity
secure a
of
substantial
investment by a firm having already shown
its commitment to supporting the development of the
activity concerned in Cape Verde.

the year and thus

This investment would not only have a direct impact on
the Cape Verde fishing industry with regard to the
species for which the derogation is requested, but also
indirect, beneficial effect on the revitali­
a substantial
sation of Cape Verde’s
fishing fleet generally. With
more Cape Verde vessels being operational, the ability
to supply originating fish would gradually increase.

The derogation should be sufficiently long to ensure the
investment and general predictability for operators, but it
may not in any event go beyond 31 December 2010,
when Cape Verde will no longer benefit from the special
arrangement for least developed countries within GSP.
After
the Cape Verde canning
industry should be ensured within the framework of an
Economic Partnership Agreement.

the viability of

that

L 220/12

EN

Official Journal of the European Union

15.8.2008

(11)

(12)

(13)

Regulation (EEC) No 2454/93 lays down rules relating to
the management of
In order to ensure
tariff quotas.
efficient management carried out in close cooperation
between the authorities of Cape Verde, the customs au­
thorities of the Community and the Commission, those
rules should apply mutatis mutandis
to the quantities
imported under the derogation granted by this Regu­
lation.

to allow more efficient monitoring of

the
In order
operation of
the authorities of Cape
Verde should communicate regularly to the Commission
details of certificates of origin issued.

the derogation,

In their request, the authorities of Cape Verde indicated
that the firm concerned would probably not have the
production capacity to use the whole amount of the
quotas requested in the first year of operation after the
investment was made. Consequently, while the requested
quantities should be granted in full for the years 2009
and 2010, the quotas should be reduced pro rata for the
period in which the derogation will apply in the year
2008.

(14)

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,

HAS ADOPTED THIS REGULATION:

Article 2

The derogation provided for in Article 1 shall apply to products
transported directly from Cape Verde and imported into the
Community during the period from 1 September 2008 until
31 December 2010, up to the annual quantities listed in the
Annex against each product.

Article 3

The quantities set out
in the Annex shall be managed in
accordance with Articles 308a, 308b and 308c of Regulation
(EEC) No 2454/93.

Article 4

The customs authorities of Cape Verde shall

1.
take the
necessary steps to carry out quantitative checks on exports of
the products referred to in Article 1.

2.
The following shall be entered in box 4 of certificates of
origin form A issued by the competent authorities of Cape
‘Derogation — Regulation
Verde pursuant to this Regulation:
(EC) No 815/2008’.

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
pursuant to this Regulation and the serial numbers of those
certificates.

Article 1

Article 5

By way of derogation from Articles 67 to 97 of Regulation
(EEC) No 2454/93, prepared or preserved mackerel,
frigate
tuna and frigate mackerel and tuna of CN codes ex 1604 15,
ex 1604 19 and ex 1604 14 produced in Cape Verde from non-
originating fish shall be regarded as originating in Cape Verde in
accordance with the arrangements set out in Articles 2, 3 and 4.

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

It shall apply from 1 September 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 August 2008.

For the Commission

László KOVÁCS
Member of the Commission

15.8.2008

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Official Journal of the European Union

L 220/13

ANNEX

Order No

CN code

Description of goods

Period

Quantity (in tonnes)

09.1647

ex 1604 15 11
ex 1604 19 98

(Scomber
Scomber

Mackerel
Japonicus,
prepared or preserved

Colias,
Scombrus)

Scomber
fillets,

1.9.2008 to
31.12.2008

09.1648

ex 1604 19 98

(Auxis
Frigate tuna, Frigate mackerel
thazard, Auxis Rochei) fillets, prepared
or preserved

09.1649

ex 1604 14 16
ex 1604 14 18

Yellowfin tunny, Skipjack tuna (Tunnus
Albacares, Katsuwonus Pelamis)
fillets,
prepared or preserved

1.1.2009 to
31.12.2009

1.1.2010 to
31.12.2010

1.9.2008 to
31.12.2008

1.1.2009 to
31.12.2009

1.1.2010 to
31.12.2010

1.9.2008 to
31.12.2008

1.1.2009 to
31.12.2009

1.1.2010 to
31.12.2010

333

1 000

1 000

116

350

350

70

211

211