
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 CN code 1604 14 16 manufactured from non-originating tuna of HS Headings 0302 or 0303 shall be regarded as originating in Kenya in accordance with the terms set out in Articles 2 to 5 of this Decision.
Article 2 
The derogation provided for in Article 1 shall apply to the goods and the quantities set out in the Annex which are declared for release for free circulation in the Union from Kenya during the period from 1 January 2011 until 30 September 2014 or until the date of provisional application of the Economic Partnership Agreement between the East African Community on the one part and the European Union and its Member States on the other part, if this date is the earlier.
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 30 September 2014.
Article 7 
This Decision is addressed to the Member States.
ANNEX

Order No CN code Description of goods Periods Quantities(in tonnes)
09.1667 1604 14 16 Tuna loins 1.1.2011 to 31.12.2011 2 000
1.1.2012 to 31.12.2012 2 000
1.1.2013 to 31.12.2013 2 000
1.1.2014 to 30.9.2014 1 500