
Article 1 
Implementing Regulation (EU) No 439/2011 is amended as follows:

((1)) Articles 1 and 2 are replaced by the following:
'
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, where the conditions specified in Article 74 of Regulation (EEC) No 2454/93 are satisfied, 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 and 1 January 2014 until 31 December 2014, up to the quantities listed in the Annex against each product imported.';
((2)) the Annex is replaced by the text set out in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Done at Brussels, 24 May 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX


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 31.12.2011 2 500
1.1.2012 to 31.12.2012 2 500
1.1.2013 to 31.12.2013 2 500
1.1.2014 to 31.12.2014 2 500
09.1648 ex 1604 19 97 Prepared or preserved fillets of frigate tuna or frigate mackerel (Auxis thazard, Auxis rochei) 1.1.2011 to 31.12.2011 875
1.1.2012 to 31.12.2012 875
1.1.2013 to 31.12.2013 875
1.1.2014 to 31.12.2014 875
