
Article 1 
By way of derogation from Articles 72, 73 and 75 to 79 of Regulation (EEC) No 2454/93, the following goods shall be regarded as originating in Cape Verde in accordance with the arrangements set out in Articles 2, 3 and 4 of this Regulation:

((a)) prepared or preserved fillets of mackerel of CN codes 1604 15 11 and ex 1604 19 97 produced in Cape Verde from non-originating mackerel of HS headings 0302 or 0303;
((b)) prepared or preserved fillets of frigate tuna or frigate mackerel of CN code ex 1604 19 97 produced in Cape Verde from non-originating frigate tuna or frigate mackerel of HS headings 0302 or 0303.
Article 2 
The derogation provided for in Article 1 shall apply to products exported from Cape Verde and declared for release for free circulation in the Union, during the periods from 1 January 2011 until 31 December 2011, 1 January 2012 until 31 December 2012, 1 January 2013 until 31 December 2013, 1 January 2014 until 31 December 2014, 1 January 2015 until 31 December 2015 and 1 January 2016 until 31 December 2016, up to the quantities listed in the Annex, where the conditions specified in Article 74 of Regulation (EEC) No 2454/93 are satisfied.
Article 3 
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.
Article 4 

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.
Article 5 

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.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX

Order No CN code  Description of goods Periods Quantity (in tonnes net weight)
09.1647 1604 15 11ex 1604 19 97  Prepared or preserved fillets of mackerel (Scomber scombrus, Scomber japonicus, Scomber colias) 1.1.2011 to 31.12.20111.1.2012 to 31.12.20121.1.2013 to 31.12.20131.1.2014 to 31.12.20141.1.2015 to 31.12.20151.1.2016 to 31.12.2016 2 5002 5002 5002 5002 5002 500
09.1648 ex 1604 19 97  Prepared or preserved fillets of frigate tuna or frigate mackerel (Auxis thazard, Auxis rochei) 1.1.2011 to 31.12.20111.1.2012 to 31.12.20121.1.2013 to 31.12.20131.1.2014 to 31.12.20141.1.2015 to 31.12.20151.1.2016 to 31.12.2016 875875875875875875