HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 121/30
EN
Official Journal of the European Union
3.5.2013
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,
(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.
Having regard to the Treaty on the Functioning of the European
Union,
(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
Having regard to Council Decision 2012/735/EU of 31 May
927/2012 ( 4 ), contains new CN codes which are
2012 on the signing, on behalf of the Union, and provisional
different from those referred to in the Agreement.
application of the Trade Agreement between the European
Those new codes should therefore be reflected in Part
Union and its Member States, of the one part, and Colombia
B of the Annex to this Regulation.
and Peru, of the other part ( 1 ), and in particular Article 6
thereof,
(6) Since
the
Agreement
takes
effect
on
1
March
2013,
this
Regulation should apply from the same date.
Whereas:
(7) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Committee,
(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
HAS ADOPTED THIS REGULATION:
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
Article 1
on a provisional basis, pending the completion of the
procedures for its conclusion. The Agreement applies
1. The rules of origin in Appendix 2A to Annex II to the
on a provisional basis from 1 March 2013.
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) Annex
II
to
the
Agreement
concerns
the
definition
of
the
concept of ‘originating products’ and methods of admin
istrative cooperation. For a number of products,
2. The rules of origin set out in Appendix 5 to Annex II to
Appendix 2A and Appendix 5 to that Annex provide
the Agreement shall apply to the products listed in Part B of the
for derogations from the rules of origin set out in that
Annex to this Regulation.
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.
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.
(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
Article 3
accordance with Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for
The quotas listed in the Annex shall be managed by the
the implementation of Council Regulation (EEC) No
Commission in accordance with the provisions of Articles
2913/92 establishing the Community Customs Code ( 2 ).
308a to 308c of Regulation (EEC) No 2454/93.
( 1 ) OJ L 354, 21.12.2012, p. 1.
( 3 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
( 4 ) OJ L 304, 31.10.2012, p. 1.

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EN
3.5.2013 Official
Journal
of
the
European
Union L
121/31
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

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L 121/32
EN
Official Journal of the European Union
3.5.2013
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
Annual quota
volume
Order No CN
code Description
of
goods Quota
period
(in tonnes net
weight if not
otherwise specified)
09.7170 3920 Other
plates,
sheets,
film,
foil
and
strip,
of
From 1 March to end of
15 000
plastics, non-cellular and not-reinforced, lami
February
nated, supported or similarly combined with
other materials
09.7171 ex
5607
50
( 1 ) and 5608 Twine and nets From
1
March
to
end
of
650
February
09.7172 6108
22
00 Women’s
or
girl’s
briefs
and
panties,
knitted
or
From 1 March to end of
200
crocheted, of man-made fibres
February
09.7173 6112
31
Men’s or boy’s swimwear, knitted or crocheted,
From 1 March to end of
25
of synthetic fibres
February
09.7174 6112
41 Woman’s
or
girl’s
swimwear,
knitted
or
From 1 March to end of
100
crocheted, of synthetic fibres
February
09.7175 6115
10 Graduated
compression
hosiery
(for
example,
From 1 March to end of
25
stockings for varicose veins), knitted or crocheted
February
09.7176 6115
21
00 Other
pantyhose
and
tights,
of
synthetic
fibres,
From 1 March to end of
40
measuring per single yarn less than 67 decitex,
February
knitted or crocheted
09.7177 6115
22
00 Other
pantyhose
and
tights,
of
synthetic
fibres,
From 1 March to end of
15
measuring per single yarn 67 decitex or more,
February
knitted or crocheted
09.7178 6115
30 Other
women’s
full-length
or
knee-length
hosiery,
From 1 March to end of
25
measuring per single yarn less than 67 decitex,
February
knitted or crocheted
09.7179 6115
96 Other,
of
synthetic
fibres,
knitted
or
crocheted From
1
March
to
end
of
175
February
09.7192 7321 Stoves,
ranges,
grates,
cookers
(including
those
From 1 March to end of
20 000 number
with subsidiary boilers for central heating),
February
of items
barbecues, braziers, gas rings, plate warmers
and similar nonelectric domestic appliances, and
parts thereof, of iron or steel

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EN
3.5.2013 Official
Journal
of
the
European
Union L
121/33
Annual quota
volume
Order No CN
code Description
of
goods Quota
period
(in tonnes net
weight if not
otherwise specified)
09.7193 7323 Table,
kitchen
or
other
household
articles
and
From 1 March to end of
50 000
parts thereof, of iron or steel; iron or steel
February
wool; pot scourers and scouring or polishing
pads, gloves and the like, of iron or steel
09.7194 7325 Other
cast
articles
of
iron
or
steel From
1
March
to
end
of
50 000
February
( 1 ) TARIC codes 5607 50 11 10, 5607 50 19 10, 5607 50 30 10 and 5607 50 90 91.
PART B
Annual quota
Order No CN
code Description
of
goods Quota
period
volume
(in metric tonnes)
09.7195 0303
54
10 Frozen
mackerel Scomber scombrus and Scomber
From 1 March to end of
4 000
japonicas
February
09.7196 0303
89
45 Frozen
anchovies
(Engraulis spp.) From
1
March
to
end
of
120
February
09.7197 0303
55
10 Atlantic
horse
mackerel
(Trachurus trachurus),
From 1 March to end of
60
frozen
February
0303 55 90 ( 1 ) Horse
mackerel
(Caranx trachurus), frozen
09.7198 0307
49
59 Frozen
squid
(Ommastrephes spp. with the From 1 March to end of
4 200
exclusion of Ommastrephes sagittatus, Nototodarus
February
spp. and Sepioteuthis spp.), whether in shell or not
09.7199 0307
49
99 Squid
(Ommastrephes spp. with the exclusion of
From 1 March to end of
2 500
Ommastrephes sagittatus, Nototodarus spp. and
February
Sepioteuthis spp.), dried, salted or in brine,
whether in shell or not
09.7200 1604
15
11 Fillets
of
mackerel
of
the
species Scomber scombrus
From 1 March to end of
2 000
and Scomber japonicus, prepared or preserved
February
09.7201 1604
15
19 Mackerel
of
the
species Scomber scombrus and
From 1 March to end of
800
Scomber japonicus, prepared or preserved, whole
February
or in pieces, but not minced, other than fillets
09.7202 1604
15
90 Mackerel
of
the
species Scomber australasicus,
From 1 March to end of
20
prepared or preserved, whole or in pieces, but
February
not minced
09.7203 1604
16
00 Anchovies,
prepared
or
preserved,
whole
or
in
From 1 March to end of
400
pieces, but not minced
February
09.7204 1604
20
40 Prepared
or
preserved
anchovies,
other
than
From 1 March to end of
30
whole or in pieces
February

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L 121/34
EN
Official Journal of the European Union
3.5.2013
Annual quota
Order No CN
code Description
of
goods Quota
period
volume
(in metric tonnes)
09.7205 0307
19
10
Molluscs, prepared or preserved, at the exception
From 1 March to end of
500
of mussels of the species Mytilus spp. and Perna
February
0307 29 05
spp.)
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 ( 2 )
1605 53 90 ( 3 )
1605 54 00
1605 55 00
1605 56 00
1605 57 00
1605 58 00
1605 59 00
( 1 ) TARIC code 0303 55 90 10.
( 2 ) TARIC code 1605 53 10 95.
( 3 ) TARIC code 1605 53 90 95.

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