
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.
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 Union from Kenya during the period from 1 January 2011 to 31 December 2011.
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 Kenya shall take the necessary measures to carry out quantitative checks on exports of the products referred to in Article 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 certificates.
Article 5 
Box 7 of EUR.1 movement certificates issued under this Decision shall contain the following:
'Derogation — Implementing Decision 2011/861/EU'.
Article 6 
This Decision shall apply from 1 January 2011 until 31 December 2011.
Article 7 
This Decision is addressed to the Member States.
Done at Brussels, 19 December 2011.
For the Commission
Algirdas ŠEMETA
Member of the Commission
ANNEX

Order No CN code Description of goods Period Quantities
09.1667 1604 14 16 Tuna loins 1.1.2011 to 31.12.2011 2 000 tonnes