Commission Implementing Regulation (EU) 2021/966 of 11 June 2021 granting Cabo Verde a temporary derogation from the rules on preferential origin laid down in Delegated Regulation (EU) 2015/2446, in respect of prepared or preserved tuna fillets, prepared or preserved mackerel fillets and prepared or preserved frigate tuna or frigate mackerel fillets

• CELEX: Implementing Regulation (EU) 2021/966
• Articles: 9

Article 1

By way of derogation from Article 41, point (b), and Article 45 of Delegated Regulation (EU) 2015/2446, products referred to in Annexes I and II, produced in Cabo Verde from non-originating fish shall be regarded as originating in Cabo Verde in accordance with Articles 2, 3 and 4 of this Regulation.

Article 2

1.   The derogation shall apply to products that have been exported from Cabo Verde and declared for release for free circulation in the Union during the period from 1 January 2021 until 31 December 2023.

2.   The derogation shall apply to products up to the annual quantities listed in Annex I (tuna) and Annex II (mackerel and frigate mackerel).

3.   Application of the derogation is subject to compliance with the conditions laid down in Article 43 of Delegated Regulation (EU) 2015/2446.

Article 3

The quantities set out in Annexes I and II to this Regulation shall be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447, which govern the management of tariff quotas.

Article 4

The derogation is granted on the following conditions:

(1)

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

(2)

The following mention shall be entered on the statements on origin made out by the registered exporters: ‘Derogation – Commission Implementing Regulation (EU) 2021/966’.

(3)

The competent authorities of Cabo Verde shall communicate to the Commission a statement of the quantities in respect of which statements on origin have been made out pursuant to this Regulation and the copies of those proofs. Those reports shall be communicated to the Commission 6 months, 18 months and 30 months after the entry into force of this Regulation.

(4).

The competent authorities of Cabo Verde shall communicate to the Commission, at the same time as the reports referred to in paragraph 3, a report containing a detailed information on the measures taken by them in order to:

(a)

ensure compliance with the rules concerning the origin of the products and with the related procedures;

(b)

provide administrative cooperation as required for the implementation of the preferential arrangements under the GSP.

The required information to be reported by the competent authorities of Cabo Verde is listed in Annex III.

Article 5

If the competent authorities fail to fulfil their reporting obligation laid down in Article 4(3) and (4), within the time-limits set therein, the Commission shall send a reminder to the competent authorities of Cabo Verde, requesting them to submit the required information within 10 working days. If the competent authorities of Cabo Verde do not respond to that request within the set deadline, the Commission may suspend the derogation provided for in this Regulation. Any such suspension shall not prolong the time period provided for in this Regulation and its Annex I and Annex II. That suspension shall be notified to the competent authorities of Cabo Verde and published in the Official Journal, C series.

Article 6

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

It shall apply from 1 January 2021.

Schedules & Appendices

ANNEX I

ANNEX I

Order No

CN code

TARIC code

Description of goods

Periods

Annual quantity (in tonnes net weight)

09.1602

1604142100

1604142690

1604142800

1604207050

1604207055

1604143190

1604143690

1604143800

1604207099

0304870090

1604144120

1604144629

1604144820

1604207045

0304870020

1604144130

1604144830

10

Prepared or preserved fillets and loins of skipjack ( Katsuwonus pelamis )

Prepared or preserved fillets and loins of yellowfin tuna ( Thunnus albacares )

Prepared or preserved fillets and loins of bigeye tuna ( Thunnus obesus )

Prepared white tuna ( Thunnus alalunga )

1.1.2021 to 31.12.2021

1.1.2022 to 31.12.2022

1.1.2023 to 31.12.2023

5 000 tonnes

3 500 tonnes

2 500 tonnes

ANNEX II

ANNEX II

Order No

CN code

Description of goods

Periods

Annual quantity (in tonnes net weight)

09.1647

1604 15 11

ex 1604 19 97

Prepared or preserved fillets of mackerel ( Scomber scombrus, Scomber japonicus, Scomber colias )

1.1.2021 to 31.12.2021

1.1.2022 to 31.12.2022

1.1.2023 to 31.12.2023

3 000 tonnes

2 500 tonnes

2 000 tonnes

09.1648

1604 20 90

ex 1604 19 97

Prepared or preserved fillets of frigate tuna or frigate mackerel ( Auxis thazard, Auxis rochei )

1.1.2021 to 31.12.2021

1.1.2022 to 31.12.2022

1.1.2023 to 31.12.2023

1 000 tonnes

1 000 tonnes

1 000 tonnes

ANNEX III Measures to be reported by the competent authorities of Cabo Verde as referred to in Article 4(4)

ANNEX III

Measures to be reported by the competent authorities of Cabo Verde as referred to in Article 4(4)

The report referred to in Article 4(4) shall contain a detailed description of the measures taken by the competent authorities of Cabo Verde to ensure that:

(a)

verifications of the originating status of products at the request of the customs authorities of the Member States are carried out for each and every request within the deadlines laid down in Article 109 of Implementing Regulation (EU) 2015/2447;

(b)

verifications of the originating status of products of sea fishing referred to in Article 44(1), point (h), of Commission Delegated Regulation (EU) 2015/2446 include a check on the place of catch, and that the verifications of the originating status of other products taken from the sea outside the territorial sea referred to in Article 44(1), point (h), of that Delegated Regulation include a check on the vessel ownership conditions;

(c)

controls referred to in Article 108(1), point (b), of Implementing Regulation (EU) 2015/2447 are carried out on exporters at intervals determined on the basis of appropriate risk analysis criteria in accordance with Article 108(2) of that Implementing Regulation;

(d)

exporters and government officials in Cabo Verde are properly informed of the rules on preferential origin for the purposes of the GSP and of the related procedures through adequate instructions, trainings, seminars and/or web-based information.

The report on measures referred to in point (a) above shall contain for each origin verification request received from the customs authorities of the Member States the following elements:

•

the reference and date of the origin verification request;

•

the Member State having sent the request [the requesting Member State] ;

•

the date of receipt of the request by the competent authorities of Cabo Verde;

•

the products concerned (HS code and description of the products);

•

the date when the reply was sent to the requesting Member State;

•

the reasons for any delay in replying to the request, as appropriate;

•

the assessment of the request by the competent authorities of Cabo Verde (i.e. whether the origin declared in the statement on origin was confirmed or not).

The report on measures referred to in point (c) above shall contain the following elements:

•

the number of controls performed;

•

risk analysis criteria used by the competent authorities to assess the risks and to determine intervals between regular checks on exporters;

•

the methodology followed during the controls;

•

information on whether the competent authorities have required (some) exporters to provide copies or a list of the statements on origin they have made out, with a view to carry out the controls referred to in Article 108(1), point (b), in accordance with Article 108(2) of Implementing Regulation (EU) 2015/2447;

•

information on whether the controls have shown that the exporters in Cabo Verde understand applicable rules of origin and related procedures;

•

any corrective measures taken and/or penalties imposed on the exporter for having made out an incorrect statement on origin.

The report on measures referred to in point (d) above shall include the instructions, documents and training materials on rules on preferential origin for the purposes of the GSP and on the related procedures, used to inform exporters and government officials of Cabo Verde.

The reports referred to in Article 4(3) and (4) shall update the information provided in the preceding reports.