CELEX: 32013R0404
Language: en
Date: 2013-05-02 00:00:00
Title: 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

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 5607501110, 5607501910, 5607503010 and 5607509091.
      
         (2)  TARIC code 0303559010.
      
         (3)  TARIC code 1605531095.
      
         (4)  TARIC code 1605539095.