Decision

14 October 2024: Decision No. 1/2024 amending certain provisions of Protocol 1 concerning the definition of the concept of originating products

Updated 9 January 2025

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The UK-Eastern and Southern Africa (ESA) States Economic Partnership Agreement (EPA) Committee, 

Having regard to the Agreement establishing an Economic Partnership Agreement between the Eastern and Southern Africa States (the “ESA States”), and the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”), done at London on 31 January 2019 (the “Agreement”), and in particular Article 12 and Article 61 thereof, 

Having regard to Protocol 1 concerning the definition of the concept of “originating products” and methods of administrative co-operation to the Agreement (“Protocol 1”), and in particular Article 44 thereof, 

Having regard to Decision No. 1 of the Customs Cooperation Committee of 19 January 2021 on a derogation from the rules of origin laid down in Protocol 1, to take account of the special situation of the ESA States with regard to preserved tuna and tuna loins,

Having regard to Decision No. 1/2021 of the ESA-UK EPA Committee of 7 May 2021 on adopting the rules of procedure, 

Whereas:  

  1. Decision No. 1/2021 of the ESA-UK EPA Committee on adopting the rules of procedure provides that the EPA Committee is composed of representatives of the United Kingdom, on the one hand, and Signatory ESA States of Mauritius, Seychelles, and Zimbabwe on the other hand.

  2. The Agreement entered into force between the United Kingdom and the Republic of Madagascar on 1 August 2024, following the deposit of the instrument of ratification by the Republic of Madagascar.

  3. Article 16 and paragraph 1 of Article 12 of Decision No. 1/2021 of the ESA-UK EPA Committee on adopting the rules of procedure, provides that the UK-ESA EPA Committee may amend its rules of procedure.

  4. The rules of procedure should be amended to reflect that, from 1 August 2024, the Republic of Madagascar is one of the Signatory ESA States to be represented on the EPA Committee.

  5. Pursuant to paragraph 8 of Article 42 of Protocol 1, and Decision No. 1 of the Customs Cooperation Committee of 19 January 2021, the United Kingdom applies a derogation from the rules of origin for preserved tuna and tuna loins.

  6. The Parties have agreed to increase the annual quota within which derogations concerning canned tuna shall be granted from 6,300 tonnes to 10,000 tonnes.

  7. Article 44 of Protocol 1 provides that the EPA Committee may decide to amend the provisions of Protocol 1,

Has adopted this decision:  

1. Article 1

Footnote 1 of Decision 1/2021 of the UK-ESA EPA Committee is deleted. 

2. Article 2

  1. In Article 42 (Derogations) of Protocol 1, in paragraph 8, for “6,300 tonnes” substitute “10,000 tonnes”.  

  2. In the Annex to Decision No. 1 of the Customs Cooperation Committee of 19 January 2021, in relation to preserved tuna (Quota number: 051618), for the period 1 January 2025 to 31 December 2025, the Quota Net Weight of “6,300” tonnes is to be read as “10,000” tonnes.

3. Article 3

  1. Article 1 of this Decision shall enter into force on the date of its adoption.

  2. Article 2 of this Decision shall enter into force on 1 January 2025.

Done in duplicate in London and Port Louis on 14 October 2024.

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