Considerations on COM(2024)297 -

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dossier COM(2024)297 - .
document COM(2024)297
date July 15, 2024
 
(1) The Trade and Cooperation Agreement 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 ‘TCA’) was concluded by the Union by means of Council Decision (EU) 2021/689 of 29 April 2021 and entered into force on 1 May 2021.

(2) Chapter 2 of Title 1 of Part 2 of the Agreement and Annexes 2 to 9 to the Agreement lay down provisions on the definition of originating products and methods of administrative cooperation.

(3) Pursuant to Articles 7 (4)(c) and 68 of the Agreement, the Partnership Council established under the TCA may amend Chapter 2 “Rules of origin” of Title I “Trade in Goods” of Part 2 “Trade, transport, fisheries and other arrangements”, and its annexes such as Annex 3, which establishes the Product Specific Rules of Origin, i.e. the respective working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status and which is currently based on the Harmonised System (‘HS’) 2017 version.

(4) The Partnership Council is to adopt a Decision modifying Annex 3 to align the wording of certain chapters, headings or sub-headings and to adapt the product specific rules of origin with the HS 2022 version. For reasons of clarity the Annex should be replaced in its entirety, taking into account the number of amendments that need to be made in the Annex.

(5) In its Decision 1/2023, the Partnership Council provided that Annex 3 of the TCA should not be amended for products listed in Annex 5 of the TCA, except when the amendment is due to updates of the Harmonized System. In this case also no amendments are foreseen with regard to products listed in Annex 5 of the TCA. The Partnership Council Decision annexed to this Decision is therefore in any event compliant to Decision 1/2023 of the Partnership Council.

(6) The adoption of the Decision by the Partnership Council is expected to take place in the third quarter of 2024.

(7) It is appropriate to establish the position to be taken on the Union's behalf in the Partnership Council, as the Decision will have legal effect in the Union.