# Commission Implementing Regulation (EU) No 404/2013Show full title

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         

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U.K.

# 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 1U.K.

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 2U.K.

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 3U.K.

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 4U.K.

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                            

## ANNEXU.K.**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

### PART B

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.