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Regulation

Commission Implementing Regulation (EU) 2022/2334 of 29 November 2022 amending Implementing Regulation (EU) 2015/2447 as regards the application of monitoring of decisions relating to binding information and introducing a flexibility in the procedures for issuing of or making out proofs of origin

CELEX
Implementing Regulation (EU) 2022/2334
Date of document
Articles
2
Source
EUR-Lex
Article 1Monitoring of decisions relating to binding information

Implementing Regulation (EU) 2015/2447 is amended as follows:

(1)

Article 20 is replaced by the following:

‘Article 20

Monitoring of decisions relating to binding information

(Article 23(5) of the Code)

When customs formalities are being fulfilled by or on behalf of the holder of a decision relating to binding information in respect of goods covered by that decision, this shall be indicated in the customs declaration by stating the decision reference number.’;

(2)

in Article 61, the following paragraphs 1a and 1b are inserted:

‘1a.   In trade between the Contracting Parties to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin  ( *1 ) (‘PEM Convention’), where two or more sets of rules of origin apply, the preferential origin of goods may be determined according to one or more sets of rules of origin.

Suppliers shall specify the legal framework used to determine the origin of the goods. Where such a legal framework is not specified, by default, the supplier’s declaration shall be considered as stating that the PEM Convention has been used to determine the origin of the goods.

1b.   For the purpose of trade between the Contracting Parties to the PEM Convention, the exporter may use the supplier’s declarations as supporting documents to apply for the issue of a movement certificate or to make out an origin declaration in accordance with the transitional rules of origin  ( *2 ) applicable in parallel with the PEM Convention rules of origin, when:

(a)

the supplier’s declarations state the originating status in accordance with the PEM Convention rules of origin for products classified under Chapters 1, 3 and 16 (for processed fishery products) and 25 to 97 of the Harmonised System; and

(b)

there is no application of cumulation with Contracting Parties to the PEM Convention who are applying only the PEM Convention.

The exporter shall take all necessary steps to ensure that the conditions for issuing or making out a proof of origin according to a specific set of rules of origin are fulfilled.

( *1 )

OJ L 54, 26.2.2013, p. 1 ."

( *2 )   The transitional rules of origin are the revised rules of the PEM Convention ( OJ L 339, 30.12.2019, p. 1 ) applicable in parallel with the current rules of the PEM Convention on a transitional basis pending the adoption of the revised rules of the PEM Convention.’;"

(3)

in Article 62, the following paragraphs 1a and 1b are inserted:

‘1a.   In trade between the Contracting Parties to the PEM Convention, where two or more sets of rules of origin apply, the preferential origin of goods may be determined according to one or more sets of rules of origin.

Suppliers shall specify, the legal framework used to determine the origin of the goods. Where such a legal framework is not specified, by default, the supplier’s declaration shall be considered as stating that the PEM Convention have been used to determine the origin of the goods.

1b.   For the purpose of trade between the Contracting Parties to the PEM Convention, the exporter may use the supplier’s declarations as supporting documents to apply for the issue of a movement certificate or to make out an origin declaration in accordance with the transitional rules of origin applicable in parallel with the PEM Convention, when:

(a)

the supplier’s declarations state the originating status in accordance with the PEM Convention rules of origin for products classified under Chapters 1, 3 and 16 (for processed fishery products) and 25 to 97 of the Harmonised System; and

(b)

there is no application of cumulation with Contracting Parties to the PEM Convention who are applying only the PEM Convention.

The exporter shall take all necessary steps to ensure that the conditions for issuing or making out a proof of origin according to a specific set of rules of origin are fulfilled.’;

(4)

in Annex 22-15, footnote (3) is replaced by the following:

‘(3)

Country, group of countries or territory concerned. When the preferential origin of a product from a country, group of countries or territory can be acquired in accordance with more than one rule of origin, the suppliers shall specify the legal framework used to determine the origin of the goods (namely the PEM Convention and/or the transitional rules of origin).

Where a country, group of countries or territory is a Contracting Party to the PEM Convention, and where a legal framework is not specified, by default, the supplier’s declaration shall be considered as stating that the PEM Convention has been used to determine the origin of the goods.’;

(5)

in Annex 22-16, footnote (5) is replaced by the following:

‘(5)

Country, group of countries or territory concerned. When the preferential origin of a product from a country, group of countries or territory can be acquired in accordance with more than one rule of origin, the suppliers shall specify the legal framework used to determine the origin of the goods (namely the PEM Convention and/or the transitional rules of origin).

Where a country, group of countries or territory is a Contracting Party to the PEM Convention, and where a legal framework is not specified, by default, the supplier’s declaration shall be considered as stating that the PEM Convention has been used to determine the origin of the goods.’;

(6)

in Annex 22-17, footnote (4), is replaced by the following:

‘(4)

To be completed only where relevant. The Union, country, group of countries or territory from which the materials originate.’;

(7)

in Annex 22-17, footnote (5) is replaced by the following:

‘(5)

To be completed only where relevant. Country, group of countries or territory concerned. When the preferential origin of a product from a country, group of countries or territory can be acquired in accordance with more than one rule of origin, the suppliers shall specify the legal framework used to determine the origin of the goods (namely the PEM Convention and/or the transitional rules of origin).

Where a country, group of countries or territory is a Contracting Party to the PEM Convention, and where a legal framework is not specified, by default, the supplier’s declaration is considered as referring to the PEM Convention has been used to determine the origin of the goods.’;

(8)

in Annex 22-18, footnote (5) is replaced by the following:

‘(5)

To be completed only where relevant. The Union, country, group of countries or territory from which the materials originate.’;

(9)

in Annex 22-18, footnote (6) is replaced by the following:

‘(6)

To be completed only where relevant. Country, group of countries or territory concerned. When the preferential origin of a product from a country, group of countries or territory can be acquired in accordance with more than one rule of origin, the suppliers shall specify the legal framework used to determine the origin of the goods (namely the PEM Convention and/or the transitional rules of origin).

Where a country, group of countries or territory is a Contracting Party to the PEM Convention, and where a legal framework is not specified, by default, the supplier’s declaration shall be considered as stating that the PEM Convention has been used to determine the origin of the goods.’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Article 1, points (2) to (9), shall apply from 1 September 2021.

2 articles

Cite this act

Commission Implementing Regulation (EU) 2022/2334 of 29 November 2022 amending Implementing Regulation (EU) 2015/2447 as regards the application of monitoring of decisions relating to binding information and introducing a flexibility in the procedures for issuing of or making out proofs of origin (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32022R2334

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

EU-EurLex-Reuse-2011-833

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