HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 334/8
EN
Official Journal of the European Union
13.12.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1328/2013
of 12 December 2013
granting cross-regional cumulation between Indonesia and Sri Lanka as regards the rules of origin
used for the purposes of the scheme of generalised tariff preferences pursuant to Regulation (EEC)
No 2454/93
THE EUROPEAN COMMISSION,
(5) The
request
contains
a
description
of
the
materials
to
be
used under cumulation, which are unmanufactured
tobacco and tobacco refuse of Harmonised System (HS)
Having regard to the Treaty on the Functioning of the European
heading 2401, as well as the processing phases and the
Union,
supporting processes to be carried out in Sri Lanka.
Having regard to Council Regulation (EEC) No 2913/92 of
(6) The
requesting
countries
submit
that
the
cross-regional
12 October 1992 establishing the Community Customs
cumulation, if granted, would have positive effects on the
Code ( 1 ), and in particular Article 247 thereof,
economies of both countries and would not affect
negatively the sectors of the Union economy involved
in cigar production and sale.
Having regard to 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 ), and in particular Article 86
(7) The
possibility
for
Sri
Lanka
to
cumulate
materials
of
HS
thereof,
heading 2401 originating in Indonesia should therefore
be granted, provided that both countries remain GSP
beneficiary countries in the sense of Article 2(d) of Regu
Whereas:
lation (EU) No 978/2012 of the European Parliament
and of the Council ( 3 ).
(1) Article
86(5)
of
Regulation
(EEC)
No
2454/93
provides
that and sets conditions under which beneficiary
countries of the Union Generalised System of Preferences
(8) The
European
Commission
will
monitor
the
evolution
of
(GSP) belonging to regional groups I and III may be
the imports resulting from this authorisation and in the
allowed to use each other’s materials under a specific
light of this monitoring, may reconsider this authori
type of cumulation usually called ‘cross-regional cumu
sation based on criteria such as the increase of quantity
lation’.
of imports.


(2) By
letter
dated
15
April
2013,
Indonesia
and
Sri
Lanka (9) The
measures
provided
for
in
this
Regulation
are
in
submitted a joint request for cross-regional cumulation
accordance with the opinion of the Customs Code
pursuant to Article 86(5) of Regulation (EEC) No
Committee,
2454/93.
(3) The countries concerned propose that, in order to
HAS ADOPTED THIS REGULATION:
stimulate trade and contribute to the growth of both
economies, the tobacco growing sector of Indonesia be
allowed to supply the Sri Lankan cigar manufacturing
sector with materials of Indonesian origin that Sri
Article 1
Lanka could use there under cumulation in further
working or processing going beyond the operations
Sri Lanka is hereby entitled to use, in accordance with
described in Article 78(1) of Regulation (EEC) No
Article 86(5) of Regulation (EEC) No 2454/93, unmanufactured
2454/93.
tobacco and tobacco refuse of HS code 2401 originating in
Indonesia under cumulation of origin. In accordance with
Article 86(2)(a) of Regulation (EEC) No 2454/93, this
entitlement is conditional upon both Sri Lanka and Indonesia
(4) In
the
request,
both
countries
have
undertaken
to
comply remaining at the time of exportation of the product to the
or ensure compliance with the GSP rules of origin and to
Union beneficiary countries in the sense of Article 2(d) of
provide the administrative cooperation necessary to
Regulation (EU) No 978/2012.
ensure the correct implementation of these rules both
with regard to the Union and between themselves.
( 3 ) Regulation (EU) No 978/2012 of the European Parliament and of
the Council of 25 October 2012 applying a scheme of generalised
( 1 ) OJ L 302, 19.10.1992, p. 1.
tariff preferences and repealing Council Regulation (EC) No
( 2 ) OJ L 253, 11.10.1993, p. 1.
732/2008 (OJ L 303, 31.10.2012, p. 1).

---

EN
13.12.2013 Official
Journal
of
the
European
Union
L
334/9
Article 2
This Regulation shall enter into force on 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2013.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---