23.7.2008 Official Journal of the European Union L 194/9 COMMISSION DECISION of 17 July 2008 on a temporary derogation from the rules of origin laid down in Annex II to Council Regulation (EC) No 15282007 to take account of the special situation of Mauritius with regard to preserved tuna and tuna loins (notified under document number C(2008) 3568) (2008/603/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 goods orig- inating 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 Part- nership Agreements ('), and in particular Article 36(4) of Annex II thereto, Whereas: On 21 February 2008 Mauritius requested, in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007, derogation from the rules of origin set out in that Annex for a period of five years. On 10 March 2008 Mauritius submitted additional information relating to its request. The request covers a total annual quantity of 5000 tonnes of canned tuna and 2 000 tonnes of tuna loins of HS heading 1604. The request is made because catches and supply of originating raw tuna have decreased in the South West Indian Ocean. According to the information provided by Mauritius the catches of raw tuna in late 2007 and early 2008 were unusually low even compared to the normal seasonal variations. This abnormal situation makes it impossible for Mauritius to comply with the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 during a certain period. 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. () O] L 348, 31.12.2007, p. 1. S ) It is therefore justified to grant a temporary derogation under Article 36(1)(a) of Annex II to Regulation (EC) No 1528/2007. Mauritius will benefit from an automatic derogation from the rules of origin for canned tuna and tuna loins of HS heading 1604 pursuant to Article 42(8) of the Origin Protocol attached to the Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part (ESA-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 ESA-EU Interim Part- nership Agreement, the entry into force or provisional application of which is expected to take place in 2008. The derogation therefore should not be granted for the requested period of five years, but should be granted for the period from January to December 2008. In accordance with Article 42(8) of the Origin Protocol attached to the ESA-EU Interim Partnership Agreement, the automatic derogation from the rules of origin is limited to an annual quota of 8 000 tonnes of canned tuna and 2 000 tonnes of tuna loins for the countries having initialled the ESA-EU Interim Partnership Agreement (Comoros, Mauritius, Madagascar, Seychelles and Zimbabwe). Requests for a temporary derogation in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 from other countries of the ESA region are to be expected, notably from Madagascar and Seychelles. It would be inappropriate to grant dero- gations under Article 36 of Annex II to Regulation (EC) No 1528/2007 which exceed the annual quota granted to the ESA region under the ESA-EU Interim Partnership Agreement. The derogation therefore should not be granted for the requested quantities, but should be granted for 3 000 tonnes of preserved tuna and 600 tonnes of tuna loins. Accordingly a derogation should be granted to Mauritius in respect of 3000 tonnes of canned tuna and 600 tonnes of tuna loins for a period of one year.