Contents
- THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Tr…
- 1 The position to be taken on the Union’s behalf within the…
- 2 This Decision shall enter into force on the date of its ad…
- 1
- 2 Appendix 2 — LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS
- 3
- Appendix 2A — ADDENDUM TO THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS
- Appendix 5 — PRODUCTS TO WHICH SUBPARAGRAPH (b) OF THE DECLARATION OF THE EUROPEAN UNION CONCERNING ARTICLE 5 IN RELATION TO ORIGINATING PRODUCTS FROM COLOMBIA, ECUADOR AND PERU APPLIES
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)The Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Peru and Ecuador, of the other partnote (the ‘Agreement’) was signed by the Union on 26 June 2012 in accordance with Council Decision 2012/735/EUnote as regards Colombia and Peru, and on 11 November 2016 in accordance with Council Decision (EU) 2016/2369note as regards Ecuador. Pursuant to Article 330(3) of the Agreement, it has been applied provisionally since 1 March 2013 between the Union and Peru, since 1 August 2013 between the Union and Colombia, and since 1 January 2017 between the Union and Ecuador.
(2)Pursuant to Article 13(2)(g)(iii) of the Agreement, the Trade Committee established by the Agreement (the ‘Trade Committee’) may modify the specific rules of origin established in Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement. Appendix 2 (List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status), Appendix 2A (Addendum to the list of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status) and Appendix 5 (Products to which subparagraph (b) of the Declaration of the European Union concerning Article 5 in relation to originating products from Colombia, Peru and Ecuador applies) of Annex II are currently based on nomenclature under the 2012 and 2017 versions of the Harmonized System (‘HS’) governed by the International Convention on the Harmonized Commodity Description and Coding Systemnote, as amended.
(3)The Trade Committee, by written procedure, is to adopt a decision modifying Appendices 2, 2A and 5 to Annex II to align the wording of certain chapters, headings or sub-headings and to adapt the product specific rules of origin to the 2022 version of the HS, which was introduced on 1 January 2022. For reasons of clarity, taking into account the number of amendments that need to be made in the Appendices, they should be replaced in their entirety.
(4)The adoption of the Decision by the Trade Committee is expected to take place in the fourth quarter of 2024.
(5)It is appropriate to establish the position to be taken on the Union’s behalf within the Trade Committee, as the decision of the Trade Committee will have legal effects in the Union,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf within the Trade Committee shall be based on the draft Decision of the Trade Committee attached to this Decision.
Annex 1
Annex 2
Annex 3
Appendix 2A — ADDENDUM TO THE LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER THAT THE PRODUCT MANUFACTURED CAN OBTAIN ORIGINATING STATUS
Common provisions
1.For the products described below, the following rules may also apply instead of the rules set out in Appendix 2 for products originating either in the European Union or in a signatory Andean Country, as the case may be.
2.When a product is covered by a rule of origin that is subject to quotas, the proof of origin for that product shall contain the following statement in English: “Product originating in accordance with Appendix 2A of Annex II”.
3.The quotas indicated below will be managed on a first-come, first-served basis. The quantities exported to a Party shall be calculated on the basis of the imports of the Party concerned.
4.In the European Union, any quota referred to in this Appendix shall be managed by the European Commission.
Note 1
The following rule shall confer origin for products exported from the European Union to Colombia, Ecuador or Peru within the annual quotas per country indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| ex 0901 | Roasted coffee of the variety Arabica | Manufacture from materials of any heading |
| Colombia | Ecuador | Peru |
|---|---|---|
| 120 Metric Tonnes | 110 Metric Tonnes | 30 Metric Tonnes |
Note 2
The following rule shall confer origin for products exported from the European Union to Peru and from Peru to the European Union:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 1507 to 1508 | Soya-bean oil, peanut (groundnut) oil, and their fractions, but not chemically modified | Manufacture from materials of any subheading, except that of the product | |
| 1512 to 1515 | Sunflower-seed, safflower or cotton-seed, coconut (copra), palm kernel, babassu, rape, colza, mustard, other fixed vegetable or microbial fats and oils (including jojoba oil) and their fractions, but not chemically modified | Manufacture from materials of any subheading, except that of the product | |
| 1516 | Animal, vegetable or microbial fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared | Manufacture from materials of any heading, except that of the product | |
| 1517 | Margarine; edible mixtures or preparations of animal, vegetable or microbial fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 | Manufacture:from materials of any heading, except that of the product, andin which at least 40 per cent by weight of all the materials of Chapter 4 used are originating |
Note 3
The following rule shall confer origin for products exported from the European Union to Colombia, Ecuador or Peru within the annual quotas per country indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 1805 | Cocoa powder, not containing added sugar or other sweetening matter | Manufacture from materials of any heading, except that of the product |
| Colombia | Ecuador | Peru |
|---|---|---|
| 100 Metric Tonnes | 120 Metric Tonnes | 450 Metric Tonnes |
Note 4
The following rule shall confer origin for products exported from the European Union to Peru and from Peru to the European Union:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| ex 3826 | Biodiesel: mixtures of mono alkyl esters of the fatty acids of the long chain of sub products of vegetable and animal oils. For greater certainty, the mono alkyl ester makes reference to methyl ester or ethyl ester of fatty acids | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 per cent of the ex-works price of the product | Manufacture in which the value of all the materials used does not exceed 40 per cent of the ex-works price of the product |
Note 5
The following rule shall confer origin for products exported from Colombia, Ecuador and Peru to the European Union within the annual quotas per country indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 3920 | Other plates, sheets, film, foil and strip, of plastics, non-cellular and not-reinforced, laminated, supported or similarly combined with other materials | Manufacture from materials of any heading except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 percent of the ex-works price of the product | Manufacture in which the value of all the materials used does not exceed 55 per cent of the ex-works price of the product |
| Colombia | Ecuador | Peru |
|---|---|---|
| 15000 Metric Tonnes | 15000 Metric Tonnes | 15000 Metric Tonnes |
If more than 75 per cent of the above-stated quota quantities is used during a given year, those quantities shall be reviewed, with a view to agree on their increase, within the Subcommittee.
Note 6
The following rule shall confer origin for products exported from Peru to the European Union within the annual quota indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| ex 5607.50and 5608 | Twine and nets | Manufacture from high tenacity filament yarn classified in subheadings 5402.11, 5402.19 or 5402.20 |
| HS classification | Peru |
|---|---|
| ex 5607.50 and 5608 | 650 Metric Tonnes |
This quantity shall be subject to revision every three years, in a period of 12 years. If more than 75 per cent of the above-stated quota quantity is used per year during that 3-year period, the quantity for the next three years will be increased by the rate of growth over the same period of exports from Peru to the European Union of products of chapter 50 to 63 or by 5 per cent, whichever is higher.
That revision will be made according to the data published by the statistical office of the European Union (Eurostat) as soon as they are available. The European Commission shall publish the adjusted quotas in the Official Journal of the European Union.
Note 7
The following rule shall confer origin for products exported from Colombia, Ecuador and Peru to the European Union within the annual quotas, per country indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 6108.22 | Women’s or girls’ briefs and panties, knitted or crocheted of man-made fibres | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6112.31 | Men’s or boys’ swimwear knitted or crocheted of synthetic fibres | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6112.41 | Women’s or girls’ swimwear knitted or crocheted of synthetic fibres | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6115.10 | Graduated compression hosiery (for example, stockings for varicose veins), knitted or crocheted. | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6115.21 | Other pantyhose and tights of synthetic fibres measuring per single yarn less than 67 decitex, knitted or crocheted | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6115.22 | Other pantyhose and tights of synthetic fibres measuring per single yarn 67 decitex or more, knitted or crocheted | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6115.30 | Other women’s full-length or knee length hosiery, measuring per single yarn less than 67 decitex | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 | |
| 6115.96 | Other, of synthetic fibres | Manufacture from nylon yarn or elastomeric yarns from headings 5402 and 5404 |
| HS heading | Colombia (Metric Tonnes) | Ecuador (Metric Tonnes) | Peru (Metric Tonnes) |
|---|---|---|---|
| 6108.22 | 200 | 200 | 200 |
| 6112.31 | 25 | 25 | 25 |
| 6112.41 | 100 | 100 | 100 |
| 6115.10 | 25 | 25 | 25 |
| 6115.21 | 40 | 40 | 40 |
| 6115.22 | 15 | 15 | 15 |
| 6115.30 | 25 | 25 | 25 |
| 6115.96 | 175 | 175 | 175 |
If more than 75 per cent of the above-stated quota quantities is used during a given year, these quantities shall be reviewed, with a view to agree on their increase, within the Subcommittee.
Note 7a
The following rule shall confer origin for products exported from Ecuador to the European Union and from the European Union to Ecuador:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| ex 6504 | Toquilla straw hats | Manufacture in which the toquilla straw of heading 1401 used is originating |
Note 8
The rules of origin provided for in Appendix 2 for the products listed below shall apply for as long as the European Union maintains a 0 per cent WTO bound tariff for these products. If the European Union increases the WTO bound tariff applicable to these products, the following rule shall confer origin for products exported from Colombia, Ecuador and Peru to the European Union within the annual quotas per country, indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 7209 to 7214 | Flat-rolled products of iron or non-alloy steel; bars and rods of iron or non-alloy steel | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| 7216 to 7217 | Angles, shapes and sections of iron or non-alloy steel; wire of iron or non-alloy steel | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| 7304 to 7306 | Tubes, pipes and hollow profiles, of iron or steel | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| 7308 | Structures and parts of structures, of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| HS heading | Description | Colombia (Metric Tonnes) | Ecuador (Metric Tonnes) | Peru (Metric Tonnes) |
|---|---|---|---|---|
| 7209 | Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, cold-rolled (cold-reduced), not clad, plated or coated | 100,000 | 100,000 | 100,000 |
| 7210 | Flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated | 100,000 | 100,000 | 100,000 |
| 7211 | Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, not clad, plated or coated | |||
| 7212 | Flat-rolled products of iron or non-alloy steel, of a width of less than 600 mm, clad, plated or coated | 100,000 | 100,000 | 100,000 |
| 7213 | Bars and rods, hot-rolled, in irregularly wound coils, of iron or non-alloy steel | 100,000 | 100,000 | 100,000 |
| 7214 | Other bars and rods of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling | 100,000 | 100,000 | 100,000 |
| 7216 | Angles, shapes and sections of iron or non-alloy steel | 100,000 | 100,000 | 100,000 |
| 7217 | Wire of iron or non-alloy steel | 50,000 | 50,000 | 50,000 |
| 7304 | Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel | 50,000 | 50,000 | 50,000 |
| 7305 | Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross-sections, the external diameter of which exceeds 406.4 mm, of iron or steel | 50,000 | 50,000 | 50,000 |
| 7306 | Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel | 100,000 | 100,000 | 100,000 |
| 7308 | Structures and parts of structures, of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel | 50,000 | 50,000 | 50,000 |
When 50 per cent of a quota entry is reached, during a given year, the annual tonnage shall increase by 50 per cent for the following year. The basis for calculation shall be the quota quantity of the previous year. Those quantities, as well as the basis for calculation may be revised at the request of any Party upon agreement with the other Parties.
Note 9
The following rule shall confer origin for products exported from Colombia, Ecuador and Peru to the European Union within the annual quota per country indicated below:
| HS heading | Description of product | Working or processing carried out on non-originating materials that confers originating status | |
|---|---|---|---|
| (1) | (2) | (3) or (4) | |
| 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 | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| 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 | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| 7325 | Other cast articles of iron or steel | Manufacture from materials of any heading, except that of the product | Manufacture in which the value of all the materials used does not exceed 50 per cent of the ex-works price of the product |
| HS heading | Colombia | Ecuador | Peru |
|---|---|---|---|
| 7321 | 20,000 units | 20,000 units | 20,000 units |
| 7323 | 50,000 Metric Tonnes | 50,000 Metric Tonnes | 50,000 Metric Tonnes |
| 7325 | 50,000 Metric Tonnes | 50,000 Metric Tonnes | 50,000 Metric Tonnes |
Those quantities may be revised at the request of any Party upon agreement with the others Parties.’.
Appendix 5 — PRODUCTS TO WHICH SUBPARAGRAPH (b) OF THE DECLARATION OF THE EUROPEAN UNION CONCERNING ARTICLE 5 IN RELATION TO ORIGINATING PRODUCTS FROM COLOMBIA, ECUADOR AND PERU APPLIES
1.The conditions established in subparagraph (b) of the Declaration of the European Union concerning Article 5 in relation to originating products from Colombia, Ecuador and Peru apply for determining the origin of the following products exported from Peru to the European Union subject to the annual quotas established below:
2.The proofs of origin issued or made out for products which use the quotas established in this Appendix shall bear the following statement in English: “Product originating in accordance with Appendix 5 of Annex II”.
3.The quotas established in this Appendix shall be managed on a first-come, first-served basis. The quantities exported to the European Union shall be calculated on the basis of the imports of the European Union.’.
| Combined Nomenclature 2024 and (where necessary) TARIC codes | Description | Metric tons |
|---|---|---|
| 03035410 | Frozen mackerel Scomber scombrus and Scomber japonicus | 4000 |
| 03035910 | Frozen anchovies Engraulis spp. | 120 |
| 030355100303559010 | Horse mackerel Trachurus trachurus, scad, Caranx trachurus, frozen | 60 |
| 0307439103074399 | Frozen squid Ommastrephes spp., Nototodarus spp. and Sepioteuthis spp., with or without shell (excl. Ommastrephes Sagittatus) | 4200 |
| 0307495003074980 | Squid Ommastrephes spp., Nototodarus spp., Sepioteuthis spp., dried, salted or in brine, with or without shell (excl. Ommastrephes Sagittatus) | 2500 |
| 16041511 | Fillets of mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved | 2000 |
| 16041519 | Mackerel of the species Scomber scombrus and Scomber japonicus, prepared or preserved, whole or in pieces (excl. minced mackerel and fillets of mackerel) | 800 |
| 16041590 | Prepared or preserved mackerel of species Scomber australasicus, whole or in pieces (excl. minced) | 20 |
| 16041600 | Prepared or preserved anchovies, whole or in pieces (excl. minced) | 400 |
| 16042040 | Prepared or preserved anchovies (excl. whole or in pieces) | 30 |
| 03071900100307291010030729901003074920100307494010030749501003074960100307498010030759001003077900100307870010030788001003079900101605510016055200160553109516055390951605540016055500160556001605570016055900101605590090 | Mussels, snails and other molluscs, prepared or preserved (excl. mussels of the species Mytilus and of the species Perna) | 500 |
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