Commission Implementing Regulation (EU) 2017/120 of 24 January 2017 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, Peru and Ecuador, of the other part, that apply within quotas for certain products from Ecuador
Date: 2017-01-24
Institutions: European Commission
Subjects: Ecuador, derogation from EU law, originating product, tariff quota, trade agreement (EU), trade cooperation








L_2017019EN.01002701.xml










25.1.2017   


EN


Official Journal of the European Union


L 19/27








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/120
of 24 January 2017
         
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, Peru and Ecuador, of the other part, that apply within quotas for certain products from Ecuador


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 Decision (EU) 2016/2369 (2), the Council authorised the signature, on behalf of the Union, of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (‘the Protocol’). Pursuant to Decision (EU) 2016/2369, the Protocol is to be applied on a provisional basis, pending the completion of the procedures for its conclusion. The Protocol applies on a provisional basis from 1 January 2017.












(2)


Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (‘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 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 Ecuador.












(3)


The quotas set out in Appendix 2A to Annex II to the Agreement should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with Commission Implementing Regulation (EU) 2015/2447 (3).












(4)


Entitlement to benefit from the tariff concessions should be subject to the presentation of the relevant proof of origin to the customs authorities.












(5)


In order to ensure the smooth application of the quota system set up by the Protocol, this Regulation should apply from the same date as that of the provisional application of the Protocol.












(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 rules of origin set out in Appendix 2A to Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other part (‘the Agreement’), shall apply within the quotas set out in the Annex to this Regulation.


Article 2
To benefit from the derogations 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 set out in the Annex shall be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.


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 January 2017.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 January 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





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

(2)  Council Decision (EU) 2016/2369 of 11 November 2016 on the signing, on behalf of the Union, and provisional application of the Protocol of Accession to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of Ecuador (OJ L 356, 24.12.2016, p. 1).

(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).




ANNEX
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 preferential scheme is determined, within the context of this Annex, CN codes as they exist at the time of adoption of this Regulation.









Order No


CN code


Description of products


Quota period


Quota volume (in tonnes net weight if not otherwise specified)




09.7501


3920 


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


1.1.-31.12.


15 000 




09.7502


6108 22 00 


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


1.1.-31.12.


200




09.7503


6112 31 


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


1.1.-31.12.


25




09.7504


6112 41 


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


1.1.-31.12.


100




09.7505


6115 10 


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


1.1.-31.12.


25




09.7506


6115 21 00 


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


1.1.-31.12.


40




09.7507


6115 22 00 


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


1.1.-31.12.


15




09.7508


6115 30 


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


1.1.-31.12.


25




09.7509


6115 96 


Other hosiery, of synthetic fibres, knitted or crocheted


1.1.-31.12.


175




09.7510


7321 


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


1.1.-31.12.


20 000  items




09.7511


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


1.1.-31.12.


50 000 




09.7512


7325 


Other cast articles of iron or steel


1.1.-31.12.


50 000