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29.10.2011 Official
Journal
of
the
European
Union L
283/27
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1093/2011
of 28 October 2011
on the application of derogations from the rules of origin laid down in the Protocol on the
definition of originating products attached to the Free Trade Agreement between the European
Union and its Member States and Korea
THE EUROPEAN COMMISSION,
and 5408 32 should be accompanied by documentary
evidence that the undyed fabric used does not exceed
50 per cent of the ex-works price of the product.
Having regard to the Treaty on the Functioning of the European
Union,
(5)
Since the quotas set out in Annex II(a) to the Protocol
are to be managed by the Commission on a first-come,
Having regard to Council Decision 2011/265/EU of
first-served basis, they should be managed in accordance
16 September 2010 on the signing and provisional application
with Commission Regulation (EEC) No 2454/93 of 2 July
of the Free Trade Agreement between the European Union and
1993 laying down provisions for the implementation of
its Member States, of the one part, and the Republic of
Council Regulation (EEC) No 2913/92 establishing the
Korea ( 1 ), of the other part, and in particular Article 7 thereof,
Community Customs Code ( 4 ).
Whereas:
(6) Since
the
Agreement
takes
effect
on
1
July
2011,
this
Regulation should apply from the same date.
(1) By
Decision
2011/265/EU,
the
Council
authorised
the
signature of the Free Trade Agreement between the
European Union and its Member States, of the one
(7) The
measures
provided
for
in
this
Regulation
are
in
part, and the Republic of Korea, of the other part (
accordance with the opinion of the Customs Code

2 )
(‘the Agreement’) on behalf of the European Union.
Committee,
Decision 2011/265/EU confirmed the provisional appli
cation of the Agreement, subject to its conclusion at a
later stage, as provided for in Article 15.10.5 of the
HAS ADOPTED THIS REGULATION:
Agreement. The date from which the Agreement
applies on a provisional basis was set at 1 July 2011.
Article 1
(2) For
a
number
of
specific
products,
Annex
II(a)
to
the 1. The rules of origin set out in Annex II(a) to the Protocol
Protocol attached to the Agreement concerning the defi
concerning the definition of ‘originating products’ and methods
nition of ‘originating products’ and methods of adminis
of administrative cooperation attached to the Free Trade
trative cooperation (
Agreement between the European Union and its Member

3 ) (‘the Protocol’) provides for dero
gations from the rules of origin set out in Annex II to
States and the Republic of Korea (‘the Protocol’) shall apply
the Protocol. However, the derogations are limited by
for the products set out in the Annex to this Regulation.
annual quotas. It is therefore necessary to lay down the
conditions for the application of those derogations.
2. The
rules
of
origin
referred
to
in
paragraph
1
shall
apply
by derogation from the rules of origin set out in Annex II to the
(3) In
accordance
with
Annex
II(a)
to
the
Protocol,
the
proof Protocol, subject to the quotas set out in the Annex.
of origin for surimi preparations (CN code 1604 20 05)
should be accompanied by documentary evidence that
the surimi preparation contains at least 40 per cent
Article 2
fish by weight and that the Alaska Pollack (Theragra chal
cogramma) species has been used as the primary
The rules of origin provided for in this Regulation shall apply
ingredient of the surimi base.
under the following conditions:

(4) In
accordance
with
Annex
II(a)
to
the
Protocol,
the
proof (a) a declaration signed by the approved exporter certifying that
of origin for dyed woven fabrics of CN codes 5408 22
the products concerned satisfy the conditions of the dero
gation shall be provided upon the release of the products
for free circulation within the Union;
( 1 ) OJ L 127, 14.5.2011, p. 1.
( 2 ) OJ L 127, 14.5.2011, p. 6.
( 3 ) OJ L 127, 14.5.2011, p. 1344.
( 4 ) OJ L 253, 11.10.1993, p. 1.

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L 283/28
EN
Official Journal of the European Union
29.10.2011
(b) the declaration referred to in point (a) shall contain the
(b) the country of origin of the Alaska Pollack.
following statement in English: ‘Derogation — Annex II(a)
of the Protocol concerning the definition of originating
products and methods of administrative cooperation’.
Article 5
Where a proof of origin is provided for dyed woven fabrics of
Article 3
CN codes 5408 22 and 5408 32, it shall be accompanied by
documentary evidence that the undyed fabric used does not
1. Where
a
proof
of
origin
is
provided
for
surimi
prep
exceed 50 per cent of the ex-works price of the product.
arations of CN code 1604 20 05, it shall be accompanied by
documentary evidence that the surimi preparation contains at
least 40 per cent fish by weight and that the Alaska Pollack
Article 6
(Theragra chalcogramma) species has been used as the primary
The documentary evidence referred to in Article 5 shall consist
ingredient of the surimi base.
of at least a signed statement in English by the approved
exporter that the undyed fabric used does not exceed 50 per
2. Where
necessary,
the
meaning
of
‘primary
ingredient’
as cent of the ex-works price of the product. The statement shall
referred to in paragraph 1 shall be interpreted by the Customs
also include the following:
Committee in accordance with Article 28 of the Protocol.
(a) the price in euro of the non-originating undyed fabrics used
Article 4
to make the dyed woven fabrics (CN codes 5408 22 and
5408 32);
1. The
documentary
evidence
referred
to
in
Article
3
shall
consist of at least a signed statement in English by the approved
exporter that:
(b) the ex-works price in euro of the dyed woven fabrics (CN
codes 5408 22 and 5408 32).
(a) the surimi preparation contains at least 40 per cent fish by
weight;
Article 7
The quotas listed in the Annex to this Regulation shall be
(b) the Alaska Pollack (Theragra chalcogramma) species has been
managed by the Commission in accordance with the provisions
used as the primary ingredient of the surimi base.
of Articles 308a to 308c of Regulation (EEC) No 2454/93.
2. The
statement
referred
to
in
paragraph
1
shall
also
include
Article 8
the following:
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.
(a) the amount used of the Alaska Pollack (Theragra chalco
gramma) species as a percentage of the fish used for
producing the surimi;
It shall apply from 1 July 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 October 2011.
For the Commission
The President
José Manuel BARROSO

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EN
29.10.2011 Official
Journal
of
the
European
Union L
283/29
ANNEX
Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the
products is to be considered as having no more than an indicative value, the preferential scheme being determined, within
the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation.
Quota volume
Order No CN
code
TARIC
subdivision
Description of products Quota
period
(in tonnes net weight
unless otherwise specified)
09.2450 1604
20
05 Preparations
of
surimi 1.7.2011-30.6.2012 2
000
1.7.2012-30.6.2013 2
500
From 1.7.2013
onwards:
1.7-30.6 3
500
09.2451 1905
90
45 Biscuits 1.7-30.6 270
09.2452 2402
20 Cigarettes
containing
tobacco 1.7-30.6 250
09.2453 5204 Cotton
sewing
thread,
whether
or
not
put
up
1.7-30.6 86
for retail sale
09.2454 5205 Cotton
yarn
(other
than
sewing
thread),
1.7-30.6 2
310
containing 85 % or more by weight of cotton,
not put up for retail sale
09.2455 5206 Cotton
yarn
(other
than
sewing
thread),
1.7-30.6 377
containing less than 85
% by weight of
cotton, not put up for retail sale
09.2456 5207 Cotton
yarn
(other
than
sewing
thread),
put
for
1.7-30.6 92
retail sale
09.2457 5408 Woven
fabrics
of
artificial
filament
yarn,
1.7-30.6 17
805
290
m 2
including woven fabrics obtained from
materials of heading 5405
09.2458 5508 Sewing
thread
of
man-made
staple
fibres,
1.7-30.6 286
whether or not put up for retail sale
09.2459 5509 Yarn
(other
than
sewing
thread)
of
synthetic
1.7-30.6 3
437
staple fibres, not put up for retail sale
09.2460 5510 Yarn
(other
than
sewing
thread)
of
artificial
1.7-30.6 1
718
staple fibres, not put up for retail sale
09.2461 5511 Yarn
(other
than
sewing
thread)
of
man-made
1.7-30.6 203
staple fibres, put up for retail sale

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