25.5.2012 Official Journal of the European Union L 135/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 440/2012 of 24 May 2012 amending Implementing Regulation (EU) No 439/2011 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 tariff preferences to take account of the special situation of Cape Verde regarding exports of certain fisheries products to the European Union THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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, Cape Verdean fishery processing sector. Those quantities also led, to a certain extent, to the revitalisation of Cape Verde's artisanal fleet, which is of vital importance for the country. However, fully revitalising the Cape Verdean fleet to the degree envisaged requires a renewal of the increased available capacity to provide enough orig- inating raw materials to Cape Verde's fish processing industries. (4) The request demonstrates that, without the derogation, Having regard to Commission Regulation (EEC) No 2454/93 of the ab11.1ty of the Cape Verdeaq fish processing 1.r1.dustry 2 July 1993 laying down provisions for the implementation of to continue to export to the Union would be significantly Council Regulation (EEC) No 2913/92 establishing the affected, which might deter furthe.1r dfavglopment of the Community Customs Code (%), and in particular Article 89(1)(b) Cape Verdean fleet for small pelagic fishing. thereof, (5)  The derogation should give Cape Verde sufficient time to Whereas: prepare itself to comply with the rules for the acquisition of preferential origin. Additional time is needed to consolidate the results already obtained by Cape Verde (1) By Regulation (EC) No 815/2008 () the Commission in its efforts to revitalise its local fishing fleet. granted Cape Verde a derogation from the rules of origin laid down in Regulation (EEC) No 2454/93. By Implementing Regulation (EU) No 439/2011 (%) the (6)  In order to ensure that the temporary derogation be Commission granted Cape Verde a new derogation limited to the time needed for Cape Verde to achieve from those rules of origin (°). That derogation expired compliance with the rules, the derogation should be on 31 December 2011. granted for a period of three years, ie. from 2012 until 2014, in respect of yearly quantities of 2 500 tonnes for prepared or preserved mackerel fillets and (2 By lf.:tter dated 21 November (2011, ~Cape Ve.rde 875 tonnes for prepared or preserved frigate tuna or submitted a request for a prolongation of that derogation frigate mackerel. for three years, ie. from 2012 until 2014. That appli- cation concerns a volume of 2 500 tonnes for prepared or preserved mfickerel fillets anfi 875 tonnes for prepared (7). In order to ensure continuity of exports from Cape Verde or preserved frigate tuna or frigate mackerel. to the Union, the derogation should be granted with retroactive effect from 1 January 2012. (3)  Between 2008 and 2011, the total annual derogation quantities that were granted to Cape Verde contributed, . L ) (8)  In the interest of clarity, it is appropriate to set out to a significant extent, to improving the situation in the () O] L 302, 19.10.1992, p. 1. () O] L 253, 11.10.1993, p. 1. () O] L 220, 15.8.2008, p. 11. (% O] L 119, 7.5.2011, p. ¢) O] L 0 1. 307, 23.11.2010, p. 1. explicitly that the only non-originating materials to be used for the manufacture of prepared or preserved fillets of mackerel, and prepared or preserved fillets of frigate tuna and frigate mackerel of CN codes 1604 15 11 and ex 1604 19 97 should be mackerel or frigate tuna or frigate mackerel of HS headings 0302 or 0303, in