15.8.2008 Official Journal of the European Union L 220/11 COMMISSION REGULATION (EC) No 815/2008 of 14 August 2008 on a derogation from Regulation (EEC) No 2454/93 in respect of the definition of the concept of originating products used for the purposes of the scheme of generalised preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof, Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (), and in particular Article 76 thereof, Whereas: (1) By Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (%), the Community granted generalised tariff preferences to Cape Verde. (2)  Regulation (EEC) No 2454/93 establishes the definition of the concept of originating products to be used for the purposes of the scheme of generalised tariff preferences (GSP). Article 76 of that Regulation provides for dero- gations from that definition in favour of least-developed beneficiary countries benefiting from the GSP which submit an appropriate request to that effect to the Community. (3)  From 1 March 2005 Cape Verde benefited from Decision No 2/2005 of the ACP-EC Customs Cooperation Committee of 1 March 2005 derogating from the concept of ‘originating products’ to take account of the special situation of the ACP States regarding the production of preserved tuna and of tuna loins (HS heading ex 1604) (4). (") OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu- lation (EC) No 1791/2006 (O] L 363, 20.12.2006, p. 1). (® OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu- lation (EC) No 214/2007 (O] L 62, 1.3.2007, p. 6). (®) OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Regu- lation (EC) No 55/2008 (O] L 20, 24.1.2008, p. 1). () O] L 61, 8.3.2005, p. 48. S (10) However, these arrangements ceased to apply after 31 December 2007 and Cape Verde has not yet concluded an Economic Partnership Agreement with the Community. Consequently, the only preferential trade arrangement available to Cape Verde since 1 January 2008 is the GSP. By letter dated 27 November 2007 Cape Verde submitted a request for a derogation from GSP rules of origin in accordance with Article 76 of Regulation (EEC) No 2454/93. By letter dated 27 February 2008, it submitted complementary information in support of this request. The derogation request concerns a total annual quantity of 1 561 tonnes of three species of prepared or preserved fish, two of which were not covered by the derogation granted by Decision No 2/2005: frigate tuna or frigate mackerel, mackerel and tuna. The derogation request has been considered by the Commission and has been found to be complete and duly substantiated. The derogation is required in order to ensure continuity of supply throughout the year and thus secure a substantial investment by a firm having already shown its commitment to supporting the development of the activity concerned in Cape Verde. This investment would not only have a direct impact on the Cape Verde fishing industry with regard to the species for which the derogation is requested, but also a substantial indirect, beneficial effect on the revitali- sation of Cape Verde’s fishing fleet generally. With more Cape Verde vessels being operational, the ability to supply originating fish would gradually increase. The derogation should be sufficiently long to ensure the investment and general predictability for operators, but it may not in any event go beyond 31 December 2010, when Cape Verde will no longer benefit from the special arrangement for least developed countries within GSP. After that the viability of the Cape Verde canning industry should be ensured within the framework of an Economic Partnership Agreement.