
Article 1 
By way of derogation from Articles 41(b) and 45 of Commission Delegated Regulation (EU) 2015/2446, prepared or preserved mackerel fillets and prepared or preserved frigate tuna or frigate mackerel fillets of CN code 1604 15 11, ex 1604 19 97 and 1604 20 90 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 1 January 2019 until:
(a) 31 December 2020; 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 31 December 2020, 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 Commission 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 mention 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 — Commission Implementing Regulation (EU) xxx/2019’. In case of application of the Registered Exporter (REX) system to Cape Verde in 2019, that mention shall be entered on the statements on origin made out by the registered exporters.
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 and/or statements on origin have been issued or made out pursuant to this Regulation and the serial numbers of those proofs.
Article 5 
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 17 April 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

Order No CN code  Description of goods Periods Annual 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) 1.1.2019 to the date determined in accordance with Article 2(1) 2 500 tonnes
09.1648 ex 1604 19 971604 20 90  Prepared or preserved fillets of frigate tuna or frigate mackerel (Auxis thazard, Auxis rochei) 1.1.2019 to the date determined in accordance with Article 2(1) 875 tonnes