EN Official Journal of the European Union L 255/1

COMMISSION IMPLEMENTING REGULATION (EU) 2017/1781

of 28 September 2017

on the derogations from the product-specific rules of origin laid down in the Comprehensive Economic and Trade Agreement between Canada of the one part, and the European Union and its Member States, of the other part, that apply within the limits of annual quotas for certain products from Canada

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 58(1) thereof,

Whereas:

(1) By Council Decision (EU) 2017/38 (2), the Council authorised the provisional application of the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (‘the Agreement’) (3).

(2) Annex 5 to the Protocol on rules of origin and origin procedures attached to the Agreement (‘the Origin Protocol’) lays down product-specific rules of origin. For a number of products, Annex 5-A to the Origin Protocol provides for derogations to the product-specific rules of origin that apply within the limits of annual quotas.

(3) The quotas set out in Annex 5-A to the Origin Protocol should be managed on a ‘first-come, first-served’ basis in accordance with Commission Implementing Regulation (EU) 2015/2447 (4).

(4) For certain products, the volumes of the quotas are to be increased if the conditions laid down in Annex 5-A to the Origin Protocol are fulfilled.

(5) In accordance with the publication in the Official Journal of the European Union, the Agreement is to be applied provisionally from 21 September 2017 (5). In order to ensure the effective application and management of the origin quotas granted under the Agreement that the Commission is to manage on a ‘first-come, first-served’, this Regulation should apply from 21 September 2017.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The derogations from the product-specific rules of origin set out in Annex 5-A to the Protocol on rules of origin and origin procedures attached to the Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (‘the Origin Protocol’), shall apply to the products listed in the Annex to this Regulation within the quotas set out in that Annex.

Article 2

The quotas set out in the Annex to this Regulation shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

Article 3

1. For the products listed in section B of the Annex, the volumes of the quotas shall be increased, from 1 January of the year in question, by 10 % of the volumes assigned in the previous calendar year, if more than 80 % of the corresponding quota is used up in that year. This paragraph shall apply for the first time on 1 January 2019 and for the last time on 1 January 2022.

2. For the products listed in section C of the Annex, the volumes of the quotas shall be increased, from 1 January of the year in question, by 3 % of the volumes assigned in the previous calendar year, if more than 80 % of the corresponding quota is used up in that year. This growth provision shall apply for the first time on 1 January 2019 and for the last time on 1 January 2028.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 21 September 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 September 2017. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 269, 10.10.2013, p. 1.

(2) Council Decision (EU) 2017/38 of 28 October 2016 on the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 11, 14.1.2017, p. 1080).

(3) OJ L 11, 14.1.2017, p. 23.

(4) 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).

(5) Notice concerning the provisional application of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part (OJ L 238, 16.9.2017, p. 9).