Commission Implementing Regulation (EU) No 439/2011 of 6 May 2011 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 tariff preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the European Union

By way of derogation from Articles 72, 73, 75 to 79 of Regulation (EEC) No 2454/93, prepared or preserved mackerel, frigate tuna and frigate mackerel of CN codes 16041511 and ex16041998 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 of this Regulation.

The derogation provided for in Article 1 shall apply to products exported from Cape Verde and declared for free circulation in the Union, where the conditions specified in Article 74 of Regulation (EEC) No 2454/93 are satisfied, during the period from 1 January 2011 to 31 December 2011, up to the quantities listed in the Annex against each product imported.

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

1 The customs authorities of Cape Verde shall 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 certificate of origin Form A issued by the competent authorities of Cape Verde pursuant to this Regulation: ‘Derogation — Regulation (EU) No 439/2011’.

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.

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

2 It shall apply from 1 January 2011.