COUNCIL DECISION (EU) 2019/2196

of 19 December 2019

amending Decision 2013/755/EU on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 203 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Parliament,

Acting in accordance with a special legislative procedure,

Whereas:

(1) Annex VI to Council Decision 2013/755/EU (1) defines the concept of ‘originating products’ and methods of administrative cooperation between the Union and the overseas countries and territories (‘OCTs’). It sets out provisions for the deployment of the Registered Exporters (REX) system to OCTs for the purpose of origin certification.

(2) Article 58 of Annex VI to Decision 2013/755/EU provides for the establishment of a database of registered exporters, and Article 63 of that Annex allows for a derogation from the REX system.

(3) Pursuant to Article 63(2) of Annex VI to Decision 2013/755/EU, all OCTs have applied for a three‐year derogation from the application of the REX system. Consequently, the Commission postponed the date of application of the REX system by the OCTs to 1 January 2020 by means of Commission Implementing Decision (EU) 2016/2093 (2).

(4) Commission Implementing Regulation (EU) 2015/2447 (3), which lays down all general rules for the implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council (4), incorporated the amended provisions of the REX system laid down by Commission Implementing Regulation (EU) 2015/428 (5) into the Generalised System of Preferences (‘GSP’).

(5) Since most of the general rules for the implementation of the Union Customs Code concern the REX system, it is necessary to make the appropriate modifications in Annex VI to Decision 2013/755/EU. That Annex should therefore be replaced in order to align its provisions on the REX system to the provisions of the REX system laid down by Regulation (EU) 2015/2447,

HAS ADOPTED THIS DECISION:

Article 1 Annex VI to Decision 2013/755/EU is replaced by the text set out in the Annex to this Decision.

Article 2 This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2020.

Done at Brussels, 19 December 2019. For the Council The President K. MIKKONEN

(1) Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).

(2) Commission Implementing Decision (EU) 2016/2093 of 29 November 2016 on a derogation as regards the date of application of the registered exporter system on exports from the overseas countries and territories (OJ L 324, 30.11.2016, p. 18).

(3) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

(4) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(5) Commission Implementing Regulation (EU) 2015/428 of 10 March 2015 amending Regulation (EEC) No 2454/93 and Regulation (EU) No 1063/2010 as regards the rules of origin relating to the scheme of generalised tariff preferences and preferential tariff measures for certain countries or territories (OJ L 70, 14.3.2015, p. 12).