COUNCIL DECISION (EU) 2017/813
of 12 October 2015
on the position to be adopted on behalf of the European Union within the EU-Chile Association Committee regarding the replacement of Appendix II 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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) In accordance with Article 38 of 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 (1) (‘the Agreement’), the EU-Chile Association Committee (‘the Association Committee’) may decide to amend the provisions of that Annex.
(2) On 4 November 2014, the Special Committee on Customs Cooperation and Rules of Origin, set up by Article 81 of the Agreement, agreed to recommend to the Association Committee amendments to Appendix II to Annex III to the Agreement, setting out the list of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status (‘the product-specific rules’), in order to bring that Appendix into line with the latest version of the Harmonised Commodity Description and Coding System (HS).
(3) The HS is updated every five years, the last update being in 2012. Since the product-specific rules in the Agreement are based on an outdated version of the HS, namely the HS 2002, they should be updated to reflect the HS 2012.
(4) The product-specific rules should remain unchanged for those products that have been reclassified within the HS 2012. In cases where products need to be moved to a different chapter or heading, the product-specific rules should move with those products when the rules in the new chapter or heading are different from those laid down in the old chapter or heading.
(5) The product-specific rules for a number of products of Chapter 72 of the HS should be amended in order to reflect the developments in the technological process of production of steel.
(6) For reasons of clarity, taking into account the number of amendments that need to be made in Appendix II to Annex III to the Agreement, that Appendix should be replaced in its entirety.
(7) The position to be adopted on the Union’s behalf within the Association Committee should be based on the attached draft decision,
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be adopted on the Union’s behalf within the Association Committee regarding the replacement of Appendix II to Annex III to the Agreement, setting out the product-specific rules, shall be based on the draft Decision of the Association Committee attached to this Decision.
2. Minor changes to the draft Decision of the Association Committee may be agreed to by the representatives of the Union in the Association Committee without further decision of the Council.
Article 2
After its adoption, the Decision of the Association Committee shall be published in the
Official Journal of the European Union
.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 12 October 2015.
For the Council
The President
F. MOGHERINI
(1)
OJ L 352, 30.12.2002, p. 3
.
DRAFT
DECISION No … OF THE EU-CHILE ASSOCIATION COMMITTEE
of …
replacing Appendix II 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
THE EU-CHILE ASSOCIATION COMMITTEE,
Having regard 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 (1), and in particular Article 38 of Annex III thereto;
Whereas:
(1) Amendments were introduced on 1 January 2007 and on 1 January 2012 into the Nomenclature governed by the Convention on the Harmonised Commodity Description and Coding System (‘the Harmonised System’).
(2) As the amendments to the Harmonised System were not intended to change the rules of origin, they do not make substantive changes 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 (‘the Agreement’).
(3) In order to reflect those amendments in the Agreement, Appendix II to Annex III to the Agreement needs to be amended.
(4) In view of the number of amendments to be made in Appendix II to Annex III, clarity requires it to be replaced in its entirety.
(5) It has been recognised as necessary to amend the rules of origin for a number of products of Chapter 72 of the Harmonized System to reflect developments in the technological process of production of steel,
HAS ADOPTED THIS DECISION:
Article 1
Appendix II to Annex III to the Agreement containing the list of working or processing required to be carried out on non-originating materials in order for the product manufactured to obtain originating status is replaced by the text set out in the Annex to this Decision.
Article 2
This Decision shall enter into force 90 days after the day on which the last notification by which the Parties communicate the completion of the necessary domestic legal procedures has been carried out.
Done at …,
For the EU-Chile Association Committee
The President
(1)
OJ L 352, 30.12.2002, p. 3
.
ANNEX
‘‘Appendix II
LIST OF WORKING OR PROCESSING REQUIRED TO BE CARRIED OUT ON NON-ORIGINATING MATERIALS IN ORDER FOR THE PRODUCT MANUFACTURED TO OBTAIN ORIGINATING STATUS
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