Trade and Cooperation Agreement Partnership Council Decision number 1 for 2024: updates to product specific rules
Published 6 November 2024
Decision no 1/2024 of the Partnership Council established by 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
of 5 November 2024
modifying Annex 3 to 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
(Product Specific Rules of Origin)
THE PARTNERSHIP COUNCIL,
Having regard to 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, and in particular Article 7(4)(c) and Articlc 68 thereof,
Whereas:
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Pursuant to Articles 7 and 68 of 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 ‘Trade and Cooperation Agreement’), the Partnership Council may amend Chapter 2, ‘Rules of origin’, of Title I, ‘Trade in Goods’, of Heading One, ‘Trade’, of Part Two, ‘Trade, transport, fisheries and other arrangements’, and its annexes such as Annex 3, which concerns the Product Specific Rules of Origin indicating the working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status.
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The current Annex 3 to the Trade and Cooperation Agreement contains descriptions of Harmonised System (‘HS’) chapters, headings or sub-headings and product-specific rules of origin that reflect the HS 2017.
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Amendments were introduced on 1 January 2022 into the Nomenclature governed by the International Convention on the Harmonized Commodity Description and Coding System. The Parties to the Trade and Cooperation Agreement have therefore agreed upon updating Annex 3 to reflect the HS 2022.
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Annex 3 to the Trade and Cooperation Agreement shall be modified to reflect changes in the wording of the HS 2022 chapters, headings or sub-headings.
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For those chapters of the HS, which now include products from other chapters or headings because of the changes to the HS, the product-specific rules of origin were in principle subject to modification to keep the rules unchanged for the products moving to these HS headings. In reality, this was needed in only a few instances (in particular concerning headings 24.03, 24.04, 38.27, 84.79 and 85.24).
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In its Decision No 1/2023, the Partnership Council provided that Annex 3 to the Tradc and Cooperation Agreement shall not be amended for products listed in Annex 5 to the Trade and Cooperation Agreement, except when the amendment is due to updates of the HS. This Decision is therefore compliant with Decision No 1/2023 of the Partnership Council.
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For the sake of better readability, the Section and Chapter headings should appear in bold.
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Annex 3 to the Trade and Cooperation Agreement should therefore be modified. Those modifications do not constitute substantive changes to the negotiated rules of origin,
HAS ADOPTED THIS DECISION:
Article I
Annex 3 to the Trade and Cooperation Agreement containing the Product Specific Rules of Origin is hereby replaced by Annex 3 set out in Annex 1 to this Decision.
Article 2
This Decision shall enter into force 60 days after the date of its adoption.
Done at Brussels and London, 5 November 2024.
For the Partnership Council
The Co-Chairs
Maroš ŠEFČOVIČ
Nick THOMAS-SYMONDS