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Document 32013R0404

    Commission Implementing Regulation (EU) No 404/2013 of 2 May 2013 on the derogations from the rules of origin laid down in Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, that apply within quotas for certain products from Peru

    IO L 121, 3.5.2013, p. 30–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Foilsíodh an doiciméad seo in eagrán speisialta (HR)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/reg_impl/2013/404/oj

    3.5.2013   

    EN

    Official Journal of the European Union

    L 121/30


    COMMISSION IMPLEMENTING REGULATION (EU) No 404/2013

    of 2 May 2013

    on the derogations from the rules of origin laid down in Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, that apply within quotas for certain products from Peru

    THE EUROPEAN COMMISSION,

    Having regard to the Treaty on the Functioning of the European Union,

    Having regard to Council Decision 2012/735/EU of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (1), and in particular Article 6 thereof,

    Whereas:

    (1)

    By Decision 2012/735/EU, the Council authorised the signature, on behalf of the Union, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’). Pursuant to Decision 2012/735/EU, 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 1 March 2013.

    (2)

    Annex II to the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. For a number of products, Appendix 2A and Appendix 5 to that Annex provide for derogations from the rules of origin set out in that Annex in the framework of annual quotas. It is therefore necessary to lay down the conditions for the application of those derogations for imports from Peru.

    (3)

    The quotas set out in Appendix 2A and Appendix 5 to Annex II to the Agreement should be managed by the Commission on a first-come, first-served basis in accordance with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

    (4)

    Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities, as provided for in the Agreement.

    (5)

    Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3), as amended by Commission Implementing Regulation (EU) No 927/2012 (4), contains new CN codes which are different from those referred to in the Agreement. Those new codes should therefore be reflected in Part B of the Annex to this Regulation.

    (6)

    Since the Agreement takes effect on 1 March 2013, this Regulation should apply from the same date.

    (7)

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

    HAS ADOPTED THIS REGULATION:

    Article 1

    1.   The rules of origin in Appendix 2A to Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Columbia and Peru, of the other part (hereinafter referred to as ‘the Agreement’), shall apply to the products listed in Part A of the Annex to this Regulation.

    2.   The rules of origin set out in Appendix 5 to Annex II to the Agreement shall apply to the products listed in Part B of the Annex to this Regulation.

    Article 2

    To benefit from the derogation set out in Article 1, the products listed in the Annex shall be accompanied by a proof of origin as set out in Annex II to the Agreement.

    Article 3

    The quotas listed in the Annex shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.

    Article 4

    This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

    It shall apply from 1 March 2013.

    This Regulation shall be binding in its entirety and directly applicable in all Member States.

    Done at Brussels, 2 May 2013.

    For the Commission

    The President

    José Manuel BARROSO


    (1)   OJ L 354, 21.12.2012, p. 1.

    (2)   OJ L 253, 11.10.1993, p. 1.

    (3)   OJ L 256, 7.9.1987, p. 1.

    (4)   OJ L 304, 31.10.2012, p. 1.


    ANNEX

    Peru

    Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the scope of the preferential scheme is to be determined by application of the CN code and a corresponding description taken together.

    PART A

    Order No

    CN code

    Description of goods

    Quota period

    Annual quota volume

    (in tonnes net weight if not otherwise specified)

    09.7170

    3920

    Other plates, sheets, film, foil and strip, of plastics, non-cellular and not-reinforced, laminated, supported or similarly combined with other materials

    From 1 March to end of February

    15 000

    09.7171

    ex 5607 50  (1) and 5608

    Twine and nets

    From 1 March to end of February

    650

    09.7172

    6108 22 00

    Women’s or girl’s briefs and panties, knitted or crocheted, of man-made fibres

    From 1 March to end of February

    200

    09.7173

    6112 31

    Men’s or boy’s swimwear, knitted or crocheted, of synthetic fibres

    From 1 March to end of February

    25

    09.7174

    6112 41

    Woman’s or girl’s swimwear, knitted or crocheted, of synthetic fibres

    From 1 March to end of February

    100

    09.7175

    6115 10

    Graduated compression hosiery (for example, stockings for varicose veins), knitted or crocheted

    From 1 March to end of February

    25

    09.7176

    6115 21 00

    Other pantyhose and tights, of synthetic fibres, measuring per single yarn less than 67 decitex, knitted or crocheted

    From 1 March to end of February

    40

    09.7177

    6115 22 00

    Other pantyhose and tights, of synthetic fibres, measuring per single yarn 67 decitex or more, knitted or crocheted

    From 1 March to end of February

    15

    09.7178

    6115 30

    Other women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex, knitted or crocheted

    From 1 March to end of February

    25

    09.7179

    6115 96

    Other, of synthetic fibres, knitted or crocheted

    From 1 March to end of February

    175

    09.7192

    7321

    Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel

    From 1 March to end of February

    20 000 number of items

    09.7193

    7323

    Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel

    From 1 March to end of February

    50 000

    09.7194

    7325

    Other cast articles of iron or steel

    From 1 March to end of February

    50 000


    PART B

    Order No

    CN code

    Description of goods

    Quota period

    Annual quota volume

    (in metric tonnes)

    09.7195

    0303 54 10

    Frozen mackerel Scomber scombrus and Scomber japonicas

    From 1 March to end of February

    4 000

    09.7196

    0303 89 45

    Frozen anchovies (Engraulis spp.)

    From 1 March to end of February

    120

    09.7197

    0303 55 10

    Atlantic horse mackerel (Trachurus trachurus), frozen

    From 1 March to end of February

    60

    0303 55 90  (2)

    Horse mackerel (Caranx trachurus), frozen

    09.7198

    0307 49 59

    Frozen squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), whether in shell or not

    From 1 March to end of February

    4 200

    09.7199

    0307 49 99

    Squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), dried, salted or in brine, whether in shell or not

    From 1 March to end of February

    2 500

    09.7200

    1604 15 11

    Fillets of mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved

    From 1 March to end of February

    2 000

    09.7201

    1604 15 19

    Mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved, whole or in pieces, but not minced, other than fillets

    From 1 March to end of February

    800

    09.7202

    1604 15 90

    Mackerel of the species Scomber australasicus, prepared or preserved, whole or in pieces, but not minced

    From 1 March to end of February

    20

    09.7203

    1604 16 00

    Anchovies, prepared or preserved, whole or in pieces, but not minced

    From 1 March to end of February

    400

    09.7204

    1604 20 40

    Prepared or preserved anchovies, other than whole or in pieces

    From 1 March to end of February

    30

    09.7205

    0307 19 10

    0307 29 05

    0307 49 05

    0307 59 05

    0307 60 10

    0307 79 10

    0307 89 10

    0307 99 10

    1605 51 00

    1605 52 00

    1605 53 10  (3)

    1605 53 90  (4)

    1605 54 00

    1605 55 00

    1605 56 00

    1605 57 00

    1605 58 00

    1605 59 00

    Molluscs, prepared or preserved, at the exception of mussels of the species Mytilus spp. and Perna spp.)

    From 1 March to end of February

    500


    (1)  TARIC codes 5607501110, 5607501910, 5607503010 and 5607509091.

    (2)  TARIC code 0303559010.

    (3)  TARIC code 1605531095.

    (4)  TARIC code 1605539095.


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