Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 22023D2891

    Decision No 1/2023 of the Partnership Council established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part of 21 December 2023 as regards the transitional product-specific rules of origin for electric accumulators and electrified vehicles [2023/2891]

    PUB/2023/1797

    OJ L, 2023/2891, 28.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2891/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/dec/2023/2891/oj

    European flag

    Official Journal
    of the European Union

    EN

    Series L

    2023/2891

    28.12.2023

    DECISION No 1/2023 OF THE PARTNERSHIP COUNCIL ESTABLISHED BY THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART

    of 21 December 2023

    as regards the transitional product-specific rules of origin for electric accumulators and electrified vehicles [2023/2891]

    THE PARTNERSHIP COUNCIL,

    Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and in particular its Article 68 and its Annex 5,

    Whereas:

    (1)

    The Trade and Cooperation Agreement, in its Annex 5, provides for a phased-in entry into force of product-specific rules of origin for electric accumulators and electrified vehicles.

    (2)

    Concerns were raised about challenges posed by the application of these rules to the assembly of electric vehicles in the European Union and in the United Kingdom.

    (3)

    It is therefore appropriate to extend the application of the product-specific rules of origin for electric accumulators and electrified vehicles applicable until 31 December 2023 up to 31 December 2026. From 1 January 2027, the product-specific rules of origin for electric accumulators and electrified vehicles as set out in Annex 3 of the Trade and Cooperation Agreement will apply.

    (4)

    The aim of the product-specific rules for electric accumulators and electrified vehicles set out in the Trade and Cooperation Agreement is to incentivise the investment in a manufacturing capacity in the European Union and in the United Kingdom. No further postponement of the incoming rules should be considered. Therefore, the envisaged amendment should furthermore remove the possibility for further changes to the product-specific rules of origin for electric accumulators and electrified vehicles until 1 January 2032.

    HAS ADOPTED THIS DECISION:

    Article 1

    Article 68 of the Trade and Cooperation Agreement is replaced by the following:

    ‘Article 68

    Amendment to this Chapter and its Annexes

    1.   The Partnership Council may amend this Chapter and its Annexes, subject to paragraph 2.

    2.   Paragraph 1 shall not apply to:

    (a)

    Annex 5 to this Agreement;

    (b)

    the product-specific rules of origin set out in Annex 3 for products listed in Annex 5, until 1 January 2032; and

    (c)

    this Article, insofar as it relates to Annex 3 for products listed in Annex 5, and Annex 5, until 1 January 2032;

    However, paragraph 1 shall apply where the product-specific rules of origin set out in Annex 3 for products listed in Annex 5, or in Annex 5 are amended due to updates of the Harmonised System.’

    Article 2

    Annex 5 to the Trade and Cooperation Agreement is replaced by the text in Annex to this Decision.

    Article 3

    This Decision shall enter into force on the date of its adoption.

    Done at Brussels and London, 21 December 2023.

    For the Partnership Council

    The Co-chairs

    Maroš ŠEFČOVIČ

    David CAMERON

    ANNEX

    ‘ANNEX 5

    TRANSITIONAL PRODUCT-SPECIFIC RULES FOR ELECTRIC ACCUMULATORS AND ELECTRIFIED VEHICLES

    Interim product-specific rules applicable from the entry into force of this Agreement until 31 December 2026

    For the products listed in column 1 below, the product-specific rule listed in column 2 shall apply for the period from the entry into force of this Agreement until 31 December 2026.

    Column 1

    Harmonised System classification (2017) including specific description

    Column 2

    Product-specific rule of origin applicable from the entry into force of this Agreement until 31 December 2026

    85.07

     

    —

    Accumulators containing one or more battery cells or battery modules and the circuitry to interconnect them amongst themselves, often referred to as “battery packs”, of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04

    CTSH;

    Assembly of battery packs from non-originating battery cells or battery modules;

    or

    MaxNOM 70 % (EXW)

    —

    Battery cells, battery modules, and parts thereof, intended to be incorporated into an electric accumulator of a kind used as the primary source of electrical power for propulsion of vehicles of headings 87.02, 87.03 and 87.04

    CTH;

    or

    MaxNOM 70 % (EXW)

    87.02-87.04

     

    —

    vehicles with both internal combustion engine and electric motor as motors for propulsion other than those capable of being charged by plugging to external source of electric power (“hybrid”);

    —

    vehicles with both internal combustion piston engine and electric motor as motors for propulsion capable of being charged by plugging to external source of electric power (“plug-in hybrid”);

    —

    vehicles with only electric motor for propulsion

    MaxNOM 60 % (EXW)
    ’

    ELI: http://data.europa.eu/eli/dec/2023/2891/oj

    ISSN 1977-0677 (electronic edition)

    Top