By Decision (EU) 2016/1623, the Council authorised the signature, on behalf of the Union, of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’). The SADC EPA States comprise Botswana, Lesotho, Mozambique, Namibia, Swaziland and South Africa. Pursuant to Decision (EU) 2016/1623, the Agreement is to be applied on a provisional basis, pending the completion of the procedures for its conclusion. The Agreement applies on a provisional basis from 10 October 2016.

Protocol 1 to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a specific product, namely prepared or preserved Albacore tuna (Thunnus alalunga) of HS Heading 1604, manufactured from non-originating Albacore tuna of HS Headings 0302 or 0303, Article 43 to that Protocol provides for an automatic derogation from the rules of origin set out in that Protocol in the framework of an annual quota granted to Namibia. It is therefore necessary to lay down the conditions for the application of those derogations for imports from Namibia.

The quota set out in Article 43(10) to Protocol 1 to the Agreement should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with Commission Implementing Regulation (EU) 2015/2447.

Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities.

In order to ensure the smooth application of the quota system set up by the Protocol, this Regulation should apply from the same date as that of the provisional application of the Agreement.

The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,