Considerations on COM(2022)215 - EU position in the Trade Specialised Committee on customs cooperation and rules of origin regarding the consultation in the Trade and Cooperation Agreement with the UK

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dossier COM(2022)215 - EU position in the Trade Specialised Committee on customs cooperation and rules of origin regarding the consultation in the ...
document COM(2022)215 EN
date July 26, 2022
 
(1) The Trade and Cooperation Agreement establishing the relationship between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part ('the Agreement'), was concluded by Council Decision 2020/2252 of 29 December 2020 and entered into force on 1 May 2021.

(2) The Agreement includes a consultation procedure in case of denial of preferences in Article 63(3). Pursuant to 121(2)(d) of the TCA, the Trade Specialised Committee on customs cooperation and rules of origin (“the Committee”) established by Article 8(1)(c) of the Agreement may adopt decisions or recommendations on the procedures for the consultation established in Article 63 (3) of the TCA. Pursuant to Article 10 TCA, decisions of the Committee are binding on the parties.

(3) It is appropriate to establish by a council decision the position to be taken on the EU's behalf within the Committee as the decision of the Committee on the rules of consultations established in Article 63 (3) of the TCA will have legal effects.

(4) Establishing rules for the consultation procedure provided for in Article 63(3) TCA will bring clarity and ensure transparency in case a party decides to deny the preferential tariff treatment to a product of the other party against the positive opinion of the latter confirming its originating status.

(5) The position of the Union within the Committee should therefore be based on the draft decision of the Committee in Annex to this Decision.