15.12.2012   

EN

Official Journal of the European Union

L 347/38

(1)

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 (1) (‘the interim EPA’) applies provisionally as from 14 May 2012 between the Union and the Republic of Madagascar, the Republic of Mauritius, the Republic of Seychelles and the Republic of Zimbabwe.

(2)

Protocol 1 to the interim EPA concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation contains the rules of origin for the importation of products originating in the ESA States into the Union.

(3)

In accordance with Article 42(8) of Protocol 1 to the interim EPA, derogations from those rules of origin are granted automatically within an annual quota of 8 000 tonnes for canned tuna and of 2 000 tonnes for tuna loins.

(4)

In order to permit the effective and full utilisation of the quota available, Mauritius, Seychelles and Madagascar requested a derogation covering the annual quantities of 8 000 tonnes of canned tuna and of 2 000 tonnes of tuna loins imported into the Union from 1 January 2013 to 31 December 2022.

(5)

Since the requested quantities fall within the limits of the annual quota which is granted automatically upon request of the ESA States, the Customs Cooperation Committee should allocate the global quota to the ESA States. Therefore, a derogation should be granted to the ESA States in respect of canned tuna and of tuna loins for the quantities requested.

(6)

The reference in Article 42(8) of Protocol 1 to the interim EPA to ‘canned tuna’ is to be understood as to cover tuna preserved in vegetable oil or in other ways. For those types of tuna, Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (2) (‘the Combined Nomenclature’) refers to the term ‘preserved’. The term ‘preserved tuna’ comprises canned tuna, but also tuna vacuum-packed in plastic bags or other containers. It is therefore appropriate to use the term ‘preserved tuna’.

(7)

In the interest of clarity, it is appropriate to set out explicitly that the only non-originating materials to be used for the manufacture of preserved tuna and tuna loins of CN code 1604 14 16 should be tuna of HS Headings 0302 or 0303, in order for the preserved tuna and tuna loins to benefit from the derogation.

(8)

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 (3) lays down rules relating to the management of tariff quotas. In order to ensure efficient management carried out in close cooperation between the authorities of the ESA States, the customs authorities of the Union and the Commission, those rules should apply mutatis mutandis to the quantities imported under the derogation granted by this Decision.

(9)

The derogation should be granted for a period of five years as foreseen in Article 42(10) point (a) of Protocol 1 to the interim EPA.

(10)

In order to allow efficient monitoring of the operation of the derogation, the authorities of the ESA States should communicate regularly to the Commission details of the EUR.1 movement certificates issued,