7.5.2011 Official Journal of the European Union L 119/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 439/2011 of 6 May 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, letters dated 3 and 21 December 2010, and 14 January 2011 it submitted additional information in support of this request. (4)  The request is for a prolongation for 1 year and a Having regard to Council Regulation (EEC) No 2913/92 of volume of 2500 tonnes for prepared or preserved 12 October 1992 establishing the Community Customs mackerel fillets and 875 tonnes for prepared or Code (1), and in particular Article 247 thereof, preserved frigate tuna or frigate mackerel. Having regard to Commission I‘{t‘egulatlon (EEC) No 2454(93 of (5)  Between 2008 and 2010 the total annual quantities 2 July 1993 laying down provisions for the implementation of ioinall ted contributed t ionificant extent t Council Regulation (EEC) No 2913/92 establishing the origma’ly granted contributed to a signiticant extent to C . ) . . . improving the situation in the fishery processing sector ommunity Customs Code (%), and in particular Article 89 ) T and, to a certain extent, to the revitalisation of Cape thereof, o 1 L Verde's artisanal fleet, which is of vital importance for that country. However, fully revitalising the Cape Whereas: Verdean fleet to the degree envisaged requires a further increase in available capacity to provide enough orig- inating raw materials to Cape Verde's fish processing (1) By Commission Regulation (EC) No 815/2008 (}) Cape industries. Verde was granted a derogation from the rules of origin laid down in Regulation (EEC) No 2454/93 allowing it to c‘0n51der as originating in Cape Verde certain process.ed (6)  The request demonstrates that, without the derogation, fishery products produced in Cape Verde from non-orig- 1 . L AR . . the ability of the Cape Verdean fish processing industry inating fish. That derogation expired on 31 December ; . he Uni 1d be sionificantl 2010 o continue to export to the Union would be significantly : affected, which might deter further development of the Cape Verdean fleet for small pelagic fishing. (2) By Commission Regulation (EU) No 8942010 (*) Cape Verde was granted an increase in the quantities provided for in 2010 in respect of two of the three categories of (7)  The derogation serves to give Cape Verde sufficient time fishery products covered by Regulation (EC) No to prepare itself to comply with the rules for the 815/2008. The quantities of the derogation were raised acquisition of preferential origin. Time is needed to accordingly to 2 500 tonnes for prepared or preserved ensure that the efforts to revitalise the local fishing mackerel fillets and to 875 tonnes for prepared or fleet continue and Cape Verde thereby improves its preserved frigate tuna or frigate mackerel fillets. ability to supply the local fishery processing sector with originating fish. (3) By letter dated 21 October 2010 Cape Verde submitted a request for a prolongation of the said derogation. By (8)  Since the prolongation is requested for a period starting 302, 19.10.1992, p. 1. 253, 11.10.1993, p. 1. 220, 15.8.2008, p. 11. L L L L 266, 9.10.2010, p. 39. on 1 January 2011, in order to ensure continuity of imports from Cape Verde to the Union, a new derogation should be granted with retroactive effect as of 1 January 2011.