L 15546 Official Journal of the European Union 18.6.2009 COMMISSION COMMISSION DECISION of 15 June 2009 amending Decisions 2008/603/EC, 2008/691/EC and 2008/751/EC as regards extension of the temporary derogations 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 Mauritius, Seychelles and Madagascar with regard to tuna and tuna loins (notified under document number C(2009) 4543) (2009/471/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 1I thereto, Whereas: On 17 July 2008 Commission Decision 2008/603/EC (%) was adopted granting a temporary derogation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Mauritius with regard to preserved tuna and tuna loins. On 29 October 2008 Mauritius requested in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 a new derogation from the rules of origin set out in that Annex. According to the information received from Mauritius the catches of raw tuna remain unusually low even compared to the normal seasonal variations. Given that the abnormal situation in 2008 remains unchanged for 2009 a new derogation should be granted with effect from 1 January 2009. On 14 August 2008 Commission Decision 2008/691/EC (%) was adopted granting a temporary dero- gation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Seychelles with regard to preserved tuna. On 18 December 2008 Seychelles requested in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 a new derogation from the rules 348, 31.12.2007, p. 1. oJ L 0] L 194, 23.7.2008, p. 9. oL 225, 23.8.2008, p. 17. of origin set out in that Annex. According to the infor- mation provided by Seychelles the catches of raw tuna remain very low even compared to the normal seasonal variations. Given that the abnormal situation in 2008 remains unchanged for 2009 a new derogation should be granted with effect from 1 January 2009. On 18 September 2008 Commission Decision 2008/751/EC (*) was adopted granting a temporary dero- gation from the rules of origin laid down in Annex II to Regulation (EC) No 1528/2007 to take account of the special situation of Madagascar with regard to preserved tuna and tuna loins. On 10 December 2008 Madagascar requested in accordance with Article 36 of Annex II to Regulation (EC) No 1528/2007 a new derogation from the rules of origin set out in that Annex. According to the information provided by Madagascar sourcing of raw originating tuna remains difficult due to their unavail- ability. Given that the abnormal situation in 2008 remains unchanged for 2009 a new derogation should be granted with effect from 1 January 2009. Decisions 2008/603[EC, 2008/691/EC and 2008/751/EC applied until 31 December 2008 because the Interim 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) did not enter into force or was not provisionally applied before that date. 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 to them are to be superseded by the rules of the ESA-EU Interim Part- nership Agreement of which the entry into force or the provisional application is foreseen to take place in 2009. (*) OJ L 255, 23.9.2008, p. 31.