DECISION No 1/2022 OF THE EU-UK TRADE SPECIALISED COMMITTEE ON CUSTOMS COOPERATION AND RULES OF ORIGIN

of 17 October 2022

concerning the consultation procedure in case of denial of preferential tariff treatment under 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 [2022/2064]

THE TRADE SPECIALISED COMMITTEE ON CUSTOMS COOPERATION AND RULES OF ORIGIN,

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 Article 63(3) thereof concerning the establishment of a consultation procedure in case of denial of preferential tariff treatment,

Whereas:

(1) 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 (1) (the ‘Agreement’), was concluded by Council Decision (EU) 2021/689 (2) and entered into force on 1 May 2021.

(2) Article 121(2), point (d), of the Agreement provides that the Trade Specialised Committee on Customs Cooperation and Rules of Origin (the ‘Committee’) may adopt decisions or recommendations on the procedure for the consultation established in Article 63(3) of the Agreement.

(3) Article 63(3) of the Agreement provides that when the customs authority of the importing Party notifies the customs authority of the exporting Party of its intention to deny the preferential tariff treatment after the receipt of the opinion of the exporting Party confirming the origin of the product, consultations are to be held at the request of either Party within three months after the date of that notification, and may take place in accordance with the procedure set by the Committee.

(4) In accordance with Article 63(3) of the Agreement, a procedure for consultations is to be established to facilitate an agreement between the Parties in the case of denial of preferential tariff treatment against the opinion of the exporting Party confirming the origin of the product,

HAS ADOPTED THIS DECISION:

Article 1 The consultation referred to in Article 63(3) of 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, shall take place in accordance with the procedure for consultations set out in the Annex to this Decision.

Article 2 This Decision shall enter into force on the date of its adoption. It shall apply from the same day.

Done at Brussels, 17 October 2022. For the Trade Specialised Committee The Co-chairs Fernando PERREAU DE PINNINCK Peter KOVACS Oliver HAYDON

(1) OJ L 149, 30.4.2021, p. 10.

(2) Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of 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 of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2).