2008/886/EC: Commission Decision of 12 November 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 Kenya with regard to tuna loins (notified under document number C(2008) 6644)
Date: 2008-11-12
Institutions: European Commission
Subjects: Community fisheries, Kenya, derogation from EU law, free movement of goods, sea fish

L 317/16

EN

Official Journal of the European Union

27.11.2008

COMMISSION

COMMISSION DECISION

of 12 November 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 Kenya with regard to tuna loins

(notified under document number C(2008) 6644)

(2008/886/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

To ensure smooth transition from the ACP-EC Part­
nership Agreement
to the Agreement establishing a
framework for an Economic Partnership Agreement
between the East African Community partner States, on
the one part, and the European Community and its
Member States, on the other part (EAC-EU Interim Part­
nership Agreement), a new derogation should be granted
with retroactive effect from 1 January 2008.

Having regard to Council Regulation (EC) No 1528/2007 of
20 December 2007 applying the arrangements for products
originating 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)

On 5 August 2008 Kenya requested, in accordance with
Article 36 of Annex
to Regulation (EC) No
II
1528/2007, a derogation from the rules of origin set
out
in that Annex for a period of one year. On
19 August 2008 Kenya submitted additional information
relating to its request. The request covers a total quantity
of 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 Indian Ocean.

According to the information provided by Kenya catches
of raw originating tuna are unusually low even compared
to the normal seasonal variations and have led to a
decrease in production of
tuna loins. This abnormal
situation makes it impossible for Kenya 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 Kenya may continue its exports to
the European Community, following the expiration of
the ACP-EC Partnership Agreement (2), a new derogation
should be granted.

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

(5)

(6)

(7)

(8)

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.

Kenya will benefit from an automatic derogation from
the rules of origin for tuna loins of HS heading 1604
pursuant to Article 41(8) of the Origin Protocol attached
to the EAC-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 EAC-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 Kenya, unless the
EAC-EU Interim Partnership Agreement enters into force
or is applied provisionally before that date.

derogation

therefore

should

apply

27.11.2008

EN

Official Journal of the European Union

L 317/17

(9)

In accordance with Article 41(8) of the Origin Protocol
attached to the EAC-EU Interim Partnership Agreement,
the automatic derogation from the rules of origin is
limited to an annual quota of 2 000 tonnes of tuna
loins for the countries having initialled the EAC-EU
Interim Partnership Agreement
(Kenya, Uganda,
Tanzania, Ruanda, Burundi). Kenya is the only country
in the region that currently exports tuna loins to the
Community.
to
Kenya a derogation under Article 36 of Annex II to
Regulation (EC) No 1528/2007 in respect of 2 000
tonnes of tuna loins, quantity which does not exceed
the full annual quota granted to the EAC region under
the EAC-EU Interim Partnership Agreement.

therefore appropriate to grant

is

It

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 Kenya
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.

(10) Accordingly a derogation should be granted to Kenya in
respect of 2 000 tonnes of tuna loins for a period of one
year.

Article 4

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

(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 cooper­
ation between the authorities of Kenya,
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.

(12)

In order to allow efficient monitoring of the operation of
the derogation, the authorities of Kenya should commu­
nicate regularly to the Commission details of the EUR.1
movement certificates issued.

(13)

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

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

All the EUR.1 movement certificates they issue in relation to
those products shall bear a reference to this Decision.

The competent authorities of Kenya 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 2008/886/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 Kenya 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.

L 317/18

EN

Official Journal of the European Union

27.11.2008

This Decision is addressed to the Member States.

Article 7

Done at Brussels, 12 November 2008.

For the Commission

László KOVÁCS
Member of the Commission

ANNEX

KENYA

Order No

09.1667

CN code

Description of goods

Period

Quantities

1604 14 16

Tuna loins

1.1.2008 to 31.12.2008

2 000 tonnes