# L_2013121EN.01003001.xml

| 3.5.2013 | EN | Official Journal of the European Union | L 121/30 |
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3.5.2013

EN

Official Journal of the European Union

L 121/30

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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. |
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(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. |
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(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). |
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(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. |
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(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. |
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(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. |
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(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, |
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(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

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(1)  
  OJ L 354, 21.12.2012, p. 1.

1

(2)  
  OJ L 253, 11.10.1993, p. 1.

2

(3)  
  OJ L 256, 7.9.1987, p. 1.

3

(4)  
  OJ L 304, 31.10.2012, p. 1.

4

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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 |

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 |

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

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

(2)  TARIC code 0303559010.

(3)  TARIC code 1605531095.

(4)  TARIC code 1605539095.

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