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
Date: 2013-05-02
Institutions: European Commission
Subjects: Peru, derogation from EU law, import (EU), originating product, tariff quota, trade agreement (EU)




L_2013121EN.01003001.xml










3.5.2013   


EN


Official Journal of the European Union


L 121/30








            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 1

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 2
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 3
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 4
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
            





(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.




ANNEX

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









Order No


CN code


Description of goods


Quota period


Annual quota volume
(in tonnes net weight if not otherwise specified)




09.7170


3920 


Other plates, sheets, film, foil and strip, of plastics, non-cellular and not-reinforced, laminated, supported or similarly combined with other materials


From 1 March to end of February


15 000 




09.7171


ex 5607 50  (1) and 5608 


Twine and nets


From 1 March to end of February


650 




09.7172


6108 22 00 


Women’s or girl’s briefs and panties, knitted or crocheted, of man-made fibres


From 1 March to end of February


200 




09.7173


6112 31 


Men’s or boy’s swimwear, knitted or crocheted, of synthetic fibres


From 1 March to end of February


25 




09.7174


6112 41 


Woman’s or girl’s swimwear, knitted or crocheted, of synthetic fibres


From 1 March to end of February


100 




09.7175


6115 10 


Graduated compression hosiery (for example, stockings for varicose veins), knitted or crocheted


From 1 March to end of February


25 




09.7176


6115 21 00 


Other pantyhose and tights, of synthetic fibres, measuring per single yarn less than 67 decitex, knitted or crocheted


From 1 March to end of February


40 




09.7177


6115 22 00 


Other pantyhose and tights, of synthetic fibres, measuring per single yarn 67 decitex or more, knitted or crocheted


From 1 March to end of February


15 




09.7178


6115 30 


Other women’s full-length or knee-length hosiery, measuring per single yarn less than 67 decitex, knitted or crocheted


From 1 March to end of February


25 




09.7179


6115 96 


Other, of synthetic fibres, knitted or crocheted


From 1 March to end of February


175 




09.7192


7321 


Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel


From 1 March to end of February


20 000  number of items




09.7193


7323 


Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel


From 1 March to end of February


50 000 




09.7194


7325 


Other cast articles of iron or steel


From 1 March to end of February


50 000 







PART B









Order No


CN code


Description of goods


Quota period


Annual quota volume
(in metric tonnes)




09.7195


0303 54 10 


Frozen mackerel Scomber scombrus and Scomber japonicas



From 1 March to end of February


4 000 




09.7196


0303 89 45 


Frozen anchovies (Engraulis spp.)


From 1 March to end of February


120 




09.7197


0303 55 10 


Atlantic horse mackerel (Trachurus trachurus), frozen


From 1 March to end of February


60 




0303 55 90  (2)



Horse mackerel (Caranx trachurus), frozen




09.7198


0307 49 59 


Frozen squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), whether in shell or not


From 1 March to end of February


4 200 




09.7199


0307 49 99 


Squid (Ommastrephes spp. with the exclusion of Ommastrephes sagittatus, Nototodarus spp. and Sepioteuthis spp.), dried, salted or in brine, whether in shell or not


From 1 March to end of February


2 500 




09.7200


1604 15 11 


Fillets of mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved


From 1 March to end of February


2 000 




09.7201


1604 15 19 


Mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved, whole or in pieces, but not minced, other than fillets


From 1 March to end of February


800 




09.7202


1604 15 90 


Mackerel of the species Scomber australasicus, prepared or preserved, whole or in pieces, but not minced


From 1 March to end of February


20 




09.7203


1604 16 00 


Anchovies, prepared or preserved, whole or in pieces, but not minced


From 1 March to end of February


400 




09.7204


1604 20 40 


Prepared or preserved anchovies, other than whole or in pieces


From 1 March to end of February


30 




09.7205


0307 19 10 
0307 29 05 
0307 49 05 
0307 59 05 
0307 60 10 
0307 79 10 
0307 89 10 
0307 99 10 
1605 51 00 
1605 52 00 
1605 53 10  (3)

1605 53 90  (4)

1605 54 00 
1605 55 00 
1605 56 00 
1605 57 00 
1605 58 00 
1605 59 00 


Molluscs, prepared or preserved, at the exception of mussels of the species Mytilus spp. and Perna spp.)


From 1 March to end of February


500 






(1)  TARIC codes 5607 50 11 10, 5607 50 19 10, 5607 50 30 10 and 5607 50 90 91.

(2)  TARIC code 0303 55 90 10.

(3)  TARIC code 1605 53 10 95.

(4)  TARIC code 1605 53 90 95.