2008/751/EC: Commission Decision of 18 September 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 Madagascar with regard to preserved tuna and tuna loins (notified under document number C(2008) 5097)
Date: 2008-09-18
Institutions: European Commission
Subjects: Madagascar, derogation from EU law, fishery product, movement certificate, originating product, preserved product

23.9.2008

EN

Official Journal of the European Union

L 255/31

COMMISSION

COMMISSION DECISION

of 18 September 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 Madagascar with regard to preserved
tuna and tuna loins

(notified under document number C(2008) 5097)

(2008/751/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 26 May 2008 Madagascar requested, in accordance
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 a period of six months. The
request covers a total quantity of 2 000 tonnes of
canned tuna and 500 tonnes of
tuna loins of HS
heading 1604. The request
is made because catches
and supply of originating raw tuna have decreased in
the Indian Ocean.

According to the information provided by Madagascar
catches of raw originating tuna were unusually low in
the first four months of 2008 even compared to the
normal seasonal variations and have led to a decrease
in production of preserved tuna. This
abnormal
situation makes it impossible for Madagascar to comply
with the rules of origin laid down in Annex II to Regu­
lation (EC) No 1528/2007 during a certain period.

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

to the European Community,

(1) OJ L 348, 31.12.2007, p. 1.
(2) OJ L 317, 15.12.2000, p. 1.

(5)

(6)

(7)

(8)

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

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

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

Madagascar 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
superseded by the rules of
the ESA-EU Interim Part­
nership Agreement, the entry into force or provisional
application of which is expected to take place in 2008.
The
until
31 December 2008, as requested by Madagascar, unless
the ESA-EU Interim Partnership Agreement enters into
force or is applied provisionally before that date.

derogation

therefore

should

apply

L 255/32

EN

Official Journal of the European Union

23.9.2008

(9)

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
having initialled the ESA-EU Interim Economic Part­
nership Agreement
(Comoros, Mauritius, Madagascar,
Seychelles and Zimbabwe). Mauritius and Seychelles
have already lodged a request for a temporary derogation
in accordance with Article 36 of Annex II to Regulation
(EC) No 1528/2007. It would be inappropriate to grant
derogations in accordance with 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.

(10) Accordingly a derogation should be granted to Mada­
gascar in respect of 2 000 tonnes of canned tuna and
500 tonnes of tuna loins for a period of one year.

(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
ensure efficient management carried out in close cooper­
ation between the authorities of Madagascar, the customs
authorities of the Member States and the Commission,
those rules should apply mutatis mutandis to the quan­
tities imported under the derogation granted by this
Decision.

In order to allow efficient monitoring of the operation of
the derogation,
the authorities of Madagascar 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 and tuna loins of HS Heading 1604
manufactured from non-originating materials shall be regarded
as originating in Madagascar in accordance with the terms set
out in Articles 2 to 6 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 free circulation into the Community from Mada­
gascar during the period from 1 January 2008 to 31 December
2008.

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 Madagascar 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 Madagascar 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 certificates.

Article 5

Box 7 of EUR.1 certificates issued under this Decision shall
contain the following:

‘Derogation — Decision 2008/751/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
annexed to any agreement with Madagascar when that
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.

Done at Brussels, 18 September 2008.

For the Commission

László KOVÁCS
Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.

23.9.2008

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Official Journal of the European Union

L 255/33

ANNEX

MADAGASCAR

Order No

CN code

Description of goods

Period

Quantities

09.1645

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

Preserved tuna (1)

1.1.2008 to 31.12.2008

2 000 tonnes

09.1646

1604 14 16

Tuna loins

1.1.2008 to 31.12.2008

500 tonnes

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