# Commission Implementing Regulation (EU) No 974/2013Show full title

Commission Implementing Regulation (EU) No 974/2013 of 11 October 2013 on the derogations from the rules of origin laid down            in Annex II to the Agreement establishing an Association between the European Union and its Member States, on the one hand,            and Central America on the other, that apply within quotas for certain products from Nicaragua         

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U.K.

# Commission Implementing Regulation (EU) No 974/2013                     

# of 11 October 2013

# on the derogations from the rules of origin laid down in Annex II to the Agreement establishing an Association between the                        European Union and its Member States, on the one hand, and Central America on the other, that apply within quotas for certain                        products from Nicaragua                     

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement                           establishing an Association between the European Union and its Member States, on the one hand, and Central America on the                           other, and the provisional application of Part IV thereof concerning trade matters(1), and in particular Article 6 thereof,                        

Whereas:

(1)By Decision 2012/734/EU, the Council authorised the signing, on behalf of the Union, of the Agreement establishing an Association                              between the European Union and its Member States, on the one hand, and Central America on the other (hereinafter referred                              to as ‘the Agreement’). Pursuant to Decision 2012/734/EU, the Agreement is to be applied on a provisional basis, pending the                              completion of the procedures for its conclusion.

(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 to that Annex provides for the possibility of derogations from the rules of origin set                              out in Appendix 2 to Annex II in the framework of annual quotas. As the Union has decided to use that possibility, it is necessary                              to provide the conditions for the application of those derogations for imports from Nicaragua.

(3)The quotas set out in Appendix 2A to Annex II should be managed 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)Since the Agreement applies on a provisional basis as of 1 August 2013, this Regulation should apply from the same date.

(6)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 set out in Appendix 2A to Annex II to the Agreement establishing an Association between the European Union                        and its Member States, on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’), shall                        apply to the products listed in the Annex to this Regulation.                  

2.The rules of origin referred to in paragraph 1 shall apply by derogation from the rules of origin set out in Appendix 2 to                        Annex II to the Agreement, within the quotas set out in 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 set out in the Annex shall be managed in accordance with Articles 308a, 308b and 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 August 2013.

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

Done at Brussels, 11 October 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.**NICARAGUA**

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.                  

For the tariff quotas with quota order numbers from 09.7105 to 09.7138, the global yearly quota volume may not exceed the                     following number of items (pairs) for the respective calendar year:                  

1

OJ L 346, 15.12.2012, p. 1.                           

2

OJ L 253, 11.10.1993, p. 1.