Commission Implementing Regulation (EU) 2021/775 of 11 May 2021 laying down the rules for the application of Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards derogations from the ‘originating products’ rules laid down in the Trade and Cooperation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland
Date: 2021-05-11
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: United Kingdom, aluminium, cooperation agreement (EU), fish product, flat product, import (EU), non-flat product, originating product, preserved product, tariff quota, trade agreement (EU)








L_2021167EN.01000301.xml










12.5.2021   


EN


Official Journal of the European Union


L 167/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/775
of 11 May 2021
         
laying down the rules for the application of Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards derogations from the ‘originating products’ rules laid down in the Trade and Cooperation Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland


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)


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 (2) (the Agreement’), was signed, on behalf of the Union, on 29 December 2020.












(2)


Part Two, Title I, Chapter 2 of the Agreement concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation. Annex ORIG-2 (Product-specific rules of origin) to the Agreement sets out a list of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status. Annex ORIG-2A lays down alternative rules that may be applied instead of the rules set out in Annex ORIG-2 (Product-specific rules of origin) for certain products to be considered as originating in the United Kingdom of Great Britain and Northern Ireland or in the Union within the limits of the applicable annual quota.












(3)


Products to which the alternative rules laid down in Annex ORIG-2A apply can be imported into the Union provided they comply with the conditions set out in that Annex.












(4)


In order to ensure their efficient management in respect of the applicable legislation of the Union, the annual quotas set out in Annex ORIG-2A should be managed on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with the rules for the management of tariff quotas laid down in Commission Implementing Regulation (EU) 2015/2447 (3).












(5)


Pursuant to Article 12 of Council Decision (EU) 2020/2252 (4), ‘the Agreement’ is to be applied on a provisional basis as from 1 January 2021. In order to ensure the effective management and timely application of the origin quotas set out in Annex ORIG-2A to the Agreement, this Regulation should apply from that date.












(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 set out in Annex ORIG-2A 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 (the ‘Agreement’), shall apply, in the case of the products listed in the Annex and imported into the Union, within the limits of the quotas set out therein.


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


Article 3
To benefit from the quotas set out in the Annex, where the preferential [tariff] treatment is claimed on the basis of a statement on origin, that statement on origin shall be drawn up in accordance with Article ORIG.19 of the Agreement and contain the following additional statement in English: ‘Origin quotas – Product originating in accordance with Annex ORIG-2A’.


Article 4
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2021.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 May 2021.


For the Commission


The President

Ursula VON DER LEYEN
            





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

(2)  
            OJ L 444, 31.12.2020, p. 14.

(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)  Council Decision (EU) 2020/2252 of 29 December 2020 on the signing, on behalf of the Union, and on provisional application 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 444, 31.12.2020, p. 2).




ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the scope of the preferential scheme shall be determined, within the context of this Annex, by the CN codes as set out in Annex I to Council Regulation (EEC) No 2658/87 (1), as amended by Commission Implementing Regulation (EU) 2020/1577 (2), and by the description of the product in the third column of the table in this Annex, taken together.









Order No


CN Code


Description of products


Quota period


Volume (net weight)




09.6002


1604 14 


Prepared or preserved tunas, skipjack and bonito (Sarda spp.), whole or in pieces (excl. minced)


From 1.1 to 31.12 (from the year 2021 onwards)


3 000  tonnes




09.6004


1604 20 70 


Other prepared or preserved tunas, skipjack or other fish of the genus Euthynnus (excl. whole or in pieces)


From 1.1 to 31.12 (from the year 2021 onwards)


4 000  tonnes




09.6006


7603 


Aluminium products and articles of aluminium (excluding aluminium wire and aluminium foil)


From 1.1 to 31.12 (for the years 2021, 2022 and 2023)


95 000  tonnes




7604 




7606 




7608  to 7616 




7605 


Aluminium wire




7607 


Aluminium foil




09.6006


7603 


Aluminium products and articles of aluminium (excluding aluminium wire and aluminium foil)


From 1.1 to 31.12 (for the years 2024, 2025 and 2026)


72 000  tonnes




7604 




7606 




7608  to 7616 




7605 


Aluminium wire




7607 


Aluminium foil




09.6006


7604 


Aluminium bars, rods and profiles; Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm; Aluminium foil


From 1.1 to 31.12 (from the year 2027 onwards)


57 500  tonnes




7606 




7607 






(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  Commission Implementing Regulation (EU) 2020/1577 of 21 September 2020 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 361, 30.10.2020, p. 1).