HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 35/2
EN
Official Journal of the European Union
8.2.2012
COUNCIL DECISION
of 23 January 2012
on the position to be taken by the European Union within the EU-Chile Special Committee on
Customs Cooperation and Rules of Origin relating to Annex III to the Agreement establishing an
association between the European Community and its Member States, of the one part, and the
Republic of Chile, of the other part, concerning the definition of the concept of originating products
and methods of administrative cooperation
(2012/71/EU)
THE COUNCIL OF THE EUROPEAN UNION,
down in Annex III to that Agreement. That Annex refers,
in Article 36(2) thereof, to the ‘customs territory of the
Having regard to the Treaty on the Functioning of the European
Community’.
Union, and in particular the first paragraph of Article 207(4) in
conjunction with Article 218(9) thereof,
(5)
The position to be taken by the Union within the EU-
Chile Special Committee on Customs Cooperation and
Having regard to the proposal from the European Commission,
Rules of Origin should be based on the attached draft
Decision,
Whereas:
HAS ADOPTED THIS DECISION:
(1) Preferential
rules
of
origin
are
essential
for
the
correct
Article 1
functioning of the free trade agreements between the
European Union and its trading partners, including
The position to be taken by the European Union within the EU-
Chile. The Agreement establishing an association
Chile Special Committee on Customs Cooperation and Rules of
between the European Community and its Member
Origin relating to Annex III to the Agreement establishing an
States, of the one part, and the Republic of Chile, of
association between the European Community and its Member
the other part ( 1 ) (‘Association Agreement’), was signed
States, of the one part, and the Republic of Chile, of the other
on 18 November 2002.
part, concerning the definition of the concept of originating
products and methods of administrative cooperation, shall be
(2) Annex
III
to
the
Association
Agreement
defines
the based on the draft Decision of that EU-Chile Special Committee
concept of originating products and methods of adminis
attached to this Decision.
trative cooperation. It entered into force on 1 February
2003.
Article 2
This Decision shall enter into force on the day of its adoption.
(3) Explanatory
Notes
to
Annex
III
—
which
provide
customs authorities with clear guidelines on the
practical application of that Annex — have been in
force since 1 January 2004.
Done at Brussels, 23 January 2012.
(4) The
Association
Agreement
aims,
inter
alia,
under
For the Council
Article 58 thereof, at eliminating customs duties on
products originating in one Party and exported to the
The President
other Party, by referring to the rules of origin laid
M. GJERSKOV
( 1 ) OJ L 352, 30.12.2002, p. 3.

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EN
8.2.2012 Official
Journal
of
the
European
Union L
35/3
DECISION No …/201_ OF THE EU – CHILE SPECIAL COMMITTEE ON CUSTOMS
COOPERATION AND RULES OF ORIGIN
of
relating to Annex III to the Agreement establishing an association between the European
Community and its Member States, of the one part, and the Republic of Chile, of the other part,
concerning the definition of the concept of originating products and methods of administrative
cooperation
THE SPECIAL COMMITTEE,
Community’ shall cover the customs territory of the European
Community (now the European Union) as indicated in
Having regard to the Agreement establishing an association
Article 3(1) of Council Regulation (EEC) No 2913/92 of
between the European Community and its Member States, of
12 October 1992 establishing the Community Customs
the one part, and the Republic of Chile, of the other part ( 1 )
Code ( 2 ), without prejudice to any future amendment or
(‘Association Agreement’), signed on 18 November 2002, and
repeal of existing legislation.
in particular to the terms ‘customs territory of the Community’
in Article 36(2) of Annex III thereof on the definition of the
concept of originating products and methods of administrative
This Explanatory Note to Annex III shall be without prejudice
cooperation,
to Title VII on Ceuta and Melilla of that Annex.
Whereas:
Article 2
For the purposes of Annex III to the Association Agreement,
(1)
Annex III to the Association Agreement sets out the rules
of origin for the products originating in the territories of
the term ‘Community’ means the customs territory of the
the Parties to that Agreement.
European Community (now the European Union) as referred

to in Article 1 of this Decision.
(2)
Annex III to the Association Agreement refers to the
term ‘Community’ in its text.
Article 3
This Decision shall enter into force sixty days after the date on
(3) For the purposes of Annex III to the Association
which the last Party has notified that its internal requirements
Agreement, it is appropriate to define the terms ‘Com
concerning the implementation of this Decision have been
munity’ and ‘customs territory of the Community’ in
fulfilled.
order to ensure the correct territorial application of
that Annex by means of an Explanatory Note thereto,
HAS ADOPTED THIS DECISION:
Done at …,
Article 1
For the purposes of Article 36(2) of Annex III to the
For the Special Committee
Association Agreement, the terms ‘customs territory of the
The President
( 1 ) OJ L 352, 30.12.2002, p. 3.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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Document Outline

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