L 317/16 Official Journal of the European Union 27.11.2008 COMMISSION COMMISSION DECISION of 12 November 2008 on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 1528/2007 to take account of the special situation of Kenya with regard to tuna loins (notified under document number C(2008) 6644) (2008/886/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular Article 36(4) of Annex II thereto, Whereas: (1)  On 5 August 2008 Kenya requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, a derogation from the rules of origin set out in that Annex for a period of one year. On 19 August 2008 Kenya submitted additional information relating to its request. The request covers a total quantity of 2000 tonnes of tuna loins of HS heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the Indian Ocean. (2)  According to the information provided by Kenya catches of raw originating tuna are unusually low even compared to the normal seasonal variations and have led to a decrease in production of tuna loins. This abnormal situation makes it impossible for Kenya to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period. (3)  In order to ensure that Kenya may continue its exports to the European Community, following the expiration of the ACP-EC Partnership Agreement (%), a new derogation should be granted. () O] L 348, 31.12.2007, p. 1. () O] L 317, 15.12.2000, p. 1. ) To ensure smooth transition from the ACP-EC Part- nership Agreement to the Agreement establishing a framework for an Economic Partnership Agreement between the East African Community partner States, on the one part, and the European Community and its Member States, on the other part (EAC-EU Interim Part- nership Agreement), a new derogation should be granted with retroactive effect from 1 January 2008. A temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 would not cause serious injury to an established Community industry taking into account the imports concerned, provided that certain conditions relating to quantities, surveillance and duration are respected. It is therefore justified to grant a temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007. Kenya will benefit from an automatic derogation from the rules of origin for tuna loins of HS heading 1604 pursuant to Article 41(8) of the Origin Protocol attached to the EAC-EU Interim Partnership Agreement, when that Agreement enters into force or is provisionally applied. In accordance with Article 4(2) of Regulation (EC) No 1528/2007 the rules of origin set out in Annex II to that Regulation and the derogations from them are to be superseded by the rules of the EAC-EU Interim Part- nership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The  derogation should therefore apply  until 31 December 2008, as requested by Kenya, unless the EAC-EU Interim Partnership Agreement enters into force or is applied provisionally before that date.