
Article 1 
By way of derogation from Articles 41(b) and 45 of Delegated Regulation (EU) 2015/2446, prepared or preserved tuna of CN code 1604 14 produced in Cape Verde from non-originating fish shall be regarded as originating in Cape Verde in accordance with Articles 2, 3 and 4 of this Regulation.
Article 2 

1. The derogation shall apply to products which have been both exported from Cape Verde and declared for release for free circulation in the Union during the period from 10 June 2017 to:
(a) 10 June 2018; or
(b) if the Economic Partnership Agreement between the Union and West Africa initialled on 30 June 2014 (‘EPA’) enters into force on or before 10 June 2018, then the day immediately preceding the date of entry into force of the EPA.
2. The derogation shall apply to products up to the annual quantity listed in the Annex.
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 the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of 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 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 — Implementing Regulation (EU) 2017/967’.
((3)) Every quarter, the competent authorities of Cape Verde shall forward to the Commission 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 
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 June 2017.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

Order No CN code TARIC code Description of goods Periods Annual quantity (in tonnes net weight)
09.1602 ex 1604 14 311604 14 36 10 Prepared or preserved fillets of tuna (Thunnus albacares) 10.6.2017 to the date determined in accordance with Article 2(1)(a) and (b) 5 000