Decision

19 January 2021: Decision of Customs Cooperation Committee on preserved tuna and tuna loins

Updated 25 July 2023

DECISION No 1 OF THE CUSTOMS COOPERATION COMMITTEE on a derogation from the rules of origin laid down in Protocol 1 to the Agreement establishing an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, to take account of the special situation of the Eastern and Southern Africa States with regard to preserved tuna and tuna loins.

THE CUSTOMS COOPERATION COMMITTEE,

Having regard to the Agreement establishing an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part (hereby “the Agreement”), and in particular Article 41(4) of Protocol 1 thereto,

Whereas:

(1) In accordance with Article 41(1) of Protocol 1 to the Agreement and in accordance with the approach agreed by the parties, the Customs Cooperation Committee is set up on entry into force of the Agreement.

(2) Protocol 1 to the Agreement concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation contains the rules of origin for the importation of products originating in the ESA States into the UK.

(3) In accordance with Article 42(8) of Protocol 1 to the Agreement, derogations from those rules of origin are granted automatically within an annual quota of 6,300 tonnes for canned tuna and of 340 tonnes for tuna loins.

(4) In order to permit the effective and full utilisation of the quota available, an application has been submitted in accordance with Article 42(8) of Protocol 1 for a derogation covering the annual quantities of 6,300 tonnes of canned tuna and of 340 tonnes of tuna loins imported into the UK from the date the Agreement enters into force.

(5) Since the annual quota is granted automatically upon request of the ESA States, the Customs Cooperation Committee should allocate the quota to the ESA States in respect of canned tuna and of tuna loins for the quantities requested.

(6) The reference in Article 42(8) of Protocol 1 to the Agreement to “canned tuna” is to be understood as to cover tuna preserved in vegetable oil or in other ways. For those types of tuna, the Tariff of the United Kingdom refers to the term “preserved”. The term “preserved tuna” comprises canned tuna, but also tuna vacuum-packed in plastic bags or other containers. It is therefore appropriate to use the term “preserved tuna”.

(7) In the interest of clarity, it is appropriate to set out explicitly that the non-originating tuna to be used for the manufacture of preserved tuna and tuna loins should be tuna of HS Headings 0302 or 0303, in order for the preserved tuna and tuna loins to benefit from the derogation.

(8) The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 lays down rules for the management of origin quotas. Those rules should be applied to the management of the quantity in respect of which the derogation is granted by this decision.

(9) The derogation should be granted for a five year period from the date the Agreement enters into force, as foreseen in Article 42(10)(a) of Protocol 1 to the Agreement.

(10) In order to allow efficient monitoring of the operation of the derogation, the authorities of the ESA States should communicate regularly to the UK, via the Customs Cooperation Committee, details of the EUR.1 movement certificates issued.

HAS DECIDED AS FOLLOWS:

Article 1

By way of derogation from Protocol 1 to the Agreement and in accordance with Article 42(8) of that Protocol, preserved tuna and tuna loins of HS Heading 1604 manufactured from non-originating tuna of HS Headings 0302 or 0303 shall be regarded as originating in an ESA State in accordance with the terms set out in Articles 2 to 4 of this Decision.

Article 2

The derogation provided for in Article 1 shall apply for the periods, to the products and in the quantities set out in the Annex to this Decision which are declared for release for free circulation into the UK from an ESA State for a five year period from the date the Agreement enters into force.

Article 3

The quantities set out in the Annex shall be managed in accordance with The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020.

Article 4

1. The customs authorities of the ESA States shall carry out quantitative checks on exports of the products referred to in Article 1.

2. Before the end of the month following each quarter, the customs authorities of those countries shall forward to the UK, via the Customs Cooperation Committee, a statement of the quantities in respect of which movement certificates EUR.1 have been issued pursuant to this Decision and the serial numbers of those certificates.

3. A proof of origin issued or made out pursuant to this Decision shall contain one of the following indications:

‘Derogation — Decision No 1 of the ESA-UK Customs Cooperation Committee, entered into force on 31 December 2020 at 23:00 GMT’

‘Dérogation — Décision no 1 du comité de coopération douanière AfOA-RU, entré en vigueur le 31 Décembre 2020 à 23:00 (heure GMT)’

These statements shall be contained in box 7 of movement certificates EUR.1 referred to in Article 17 of Protocol 1 to the Agreement, or shall be added to the invoice declaration referred to in Article 21 of Protocol 1 to the Agreement.

Article 5

1. The ESA States and the UK shall take the measures necessary on their part to implement this Decision.

2. Where the UK has made a finding, on the basis of objective information, of irregularities or fraud or of a repeated failure to respect the obligations laid down in Article 4, the UK may seek temporary suspension of the derogation referred to in Article 1 in accordance with the procedure provided for in Article 21(5) and (6) of the Agreement.

Article 6

This Decision shall enter into force from the date the Agreement enters into force.

Signed in advance in London, United Kingdom on 18 December 2020.

Brendan McMullan, Head of African Trade Agreements in the UK Trade Policy Group, representing the United Kingdom of Great Britain and Northern Ireland.

Annex

Preserved tuna (1)

(1) In any form of packaging whereby the product is considered as preserved within the meaning of HS Heading 1604.

Quota number: 051618

Commodity code:

• 1604 14 21
• 1604 14 28
• 1604 14 31
• 1604 14 38
• 1604 14 41
• 1604 14 48
• 1604 20 70 30
• 1604 20 70 40
• 1604 20 70 50
• 1604 20 70 92
• 1604 20 70 94

Period	Quota Net Weight (tonnes)
1 January 2021 to 31 December 2021	6,300
1 January 2022 to 31 December 2022	6,300
1 January 2023 to 31 December 2023	6,300
1 January 2024 to 31 December 2024	6,300
1 January 2025 to 31 December 2025	6,300

Tuna loins

Quota number: 051619

Commodity codes:

• 1604 14 26
• 1604 14 36
• 1604 14 46

Period	Quota Net Weight (tonnes)
1 January 2021 to 31 December 2021	340
1 January 2022 to 31 December 2022	340
1 January 2023 to 31 December 2023	340
1 January 2024 to 31 December 2024	340
1 January 2025 to 31 December 2025	340